Tuesday 9th August 2016

Page 1

APC Apologises to Nigerians over Budget Feud Knocks Abdulmumuni for refusing to comply with gag order

Onyebuchi Ezigbo in Abuja The leadership of the All Progressives Congress (APC) has accepted responsibility for failing to nip in the bud the

embarrassing face-off between the Speaker of the House of Representatives, Hon. Yakubu Dogara and a member of the party and former Chairman of the Appropriation Committee,

Hon. Jubrin Abdumumini, over the 2016 budget. Speaking during a session on the proposals for amendments to the Electoral Act organised by the PGF, the

Deputy National Chairman of the party, Chief Segun Oni, apologised on behalf of the party leadership for the lapses in handling the intra-party feuds and promised that steps

were being taken to ensure frequent interface with its lawmakers. The co-chairman of the Progressives Governors’ Forum (PGF) legislative

programme and the Kastina State Governor, Aminu Bello Masari, also advised the APC National Working Committee Continued on page 8

Olympics: Aruna Quadri Qualifies for Table Tennis Q’Final, Sets African Record ...

Page 47

Tuesday 9 August, 2016 Vol 21. No 7774. Price: N250

www.thisdaylive.com TR

UT H

& RE A S O

N

PDP Asks Obasanjo to Return as Party Seeks Ways to Resolve Crisis Again, former president shuns party S’West settles for Bode George as consensus candidate for chairmanship

Onyebuchi Ezigbo in Abuja

TINUBU’S SON GETS HITCHED

L-R: Former Vice-President Atiku Abubakar; wife of the Oni of Ife; the couple, Seyi Tinubu and his wife, Layal; Oni of Ife, Oba Adeyeye Enitan Ogunwusi Ojaja II; Lagos State Governor, Akinwunmi Ambode; and National Leader of the All Progressives Congress (APC), Bola Tinubu, at the wedding of his son at the palace of the Oba of Lagos, held in Lagos… yesterday

The Peoples Democratic Party (PDP) has asked all those predicting doom for the party to have a rethink and come to join the party Continued on page 6

NNPC Considers Crude Importation from Chad, Niger Republic for Kaduna Refinery

OPEC president forecasts oil price recovery in Q4 Suspected militants kill three soldiers, seize military ammunition in Bayelsa Seriake appoints ex-militant to battle vandalism Ejiofor Alike in Abuja and Emmanuel Addeh in Yenagoa

As part of the efforts to address frequent disruptions to the supply of crude oil to the Kaduna Refinery and Petrochemical Company (KRPC) as a result of the Niger Delta militancy, the

Nigerian National Petroleum Corporation (NNPC) is considering importing crude oil from Chad and Niger Republic, investigations by THISDAY have revealed. This is coming as the

President of the Organisation of Petroleum Exporting Countries (OPEC) and Qatar’s Energy Minister, Mohammed Al Sada, has stated that oil prices would rebound during the third and fourth quarters

of 2016. NNPC, it was learnt, is also considering the option of using railway transportation to move crude from the Niger Delta to the refinery complex. A top official of the NNPC,

who spoke to THISDAY on the condition of anonymity, disclosed yesterday that the corporation might refit the Kaduna refinery to be able to process Nigerien and Chadian crude grades,

DMO to Appoint Legal, Technical Advisers for Eurobond... Page 9

following the incessant attacks on the pipelines that feed the plant with Nigerian Bonny Light crude. According to him, the refinery was originally designed to process Nigerian crude and foreign heavy crude at the ratio of about 70:30. Continued on page 6

FOR MORE INFORMATION 0800CAPTURE www.paywithcapture.com/upgrade5


2

TUESDAY AUGUST 9, 2016 T H I S D AY

GTBank ATM


T H I S D AY TUESDAY AUGUST 9, 2016

3


4

TUESDAY AUGUST 9, 2016 T H I S D AY

I n t r o d u c i n g

Africa’s Digital Bank

This is

Instant account opening Savings Club ( Ajo, Esusu, Adashe) Link all bank cards Fund transfer from/ to any bank One click payment Loyalty programs p Bill payments


T H I S D AY TUESDAY AUGUST 9, 2016

5


6

TUESDAY, AUGUST 9, 2016 • T H I S D AY

PAGE SIX NNPC CONSIDERS CRUDE IMPORTATION FROM CHAD, NIGER REPUBLIC FOR KADUNA REFINERY “The original design capacity was 60,000 barrels per day of light crude. So in order to process paraffinic based crude oil from Venezuela, Kuwait or Saudi Arabia, the capacity was later increased to 110,000bpd. “So apart from having the capacity to refine Bonny Light, the plant can also process heavy crude oil from Kuwait, Lagomar crude from Venezuela, Arabian Light from Saudi Arabia and Urals from Russia. “But for it to refine crude from Chad or Niger, the plant requires some form of refitting so that it can use crude specification from those countries as well. The refitting does not involve complex technology,” he explained. Spokesman of NNPC, Mr. Garuba Deen Muhammad did not respond when contacted by THISDAY, but the Public Affairs Manager of KRPC, Mr. Idris Abdullahi confirmed that the options of importing crude from Chad and Niger, as well as using rail lines were actually being considered. “We will choose from the two options but it depends on the financial viability. The refinery had rail lines right from inception. The rail lines were used to bring in materials and equipment during its construction. “They have never been used to transport crude to the refineries. We get crude from Warri through the pipelines. But we are now thinking of using the lines to bring in crude from the Niger Delta because of the vandalism of the pipelines. “The second option being considered is importation from Niger and Chad. We are considering the two options and the option we will choose

will depend on the viability,” Abdullahi explained. Inadequate maintenance and vandalism of crude oil pipelines have led to the suboptimal performance of the country’s 445,000bpd capacity refineries in Port Harcourt, Warri and Kaduna. Barely one month after the Minister of State for Petroleum, Dr. Ibe Kachikwu, had re-commissioned the 46km Escravos-Warri pipeline repaired by Ocean Marine Solution in April this year, thus restoring crude oil supply to Warri and Kaduna refineries, the Niger Delta Avengers (NDA), which has claimed responsibility for a series of attack on oil and gas assets, bombed the pipeline. While Nigeria is battling with militancy in the oilproducing region, Chad is facing the dreaded Boko Haram insurgency and other security threats around its border with Nigeria, Libya and the Central African Republic. From a production capacity of around 100,000 barrels per day in 2014, Chad had set a target to increase production from 130,000 bpd by the end of 2014 to 260,000 barrels per day in 2016 from the Mangara and Badila oilfields, which are operated by Glencore Xstrata, and another field managed by a subsidiary of China National Petroleum Corporation (CNPC). Niger Republic had a set target of increasing production from 20,000 barrels per day to 80,000 bpd in 2016, with the country’s refinery consuming 20,000 bpd, while 60,000 bpd will be exported through Cameroun and Chad. A Nigerian delegation had in November 2011 represented former President Goodluck Jonathan when Niger Republic

inaugurated the 20,000 barrelper-day Soraz refinery near Zinder, very close to the Nigerian border. The refinery is 60 per centowned by Chinese state oil company, CNPC and 40 per cent by Niger Republic. In a related development, the President of OPEC is forecasting that the price of crude oil will rise during the third and fourth quarters of 2016, said a statement posted on the cartel’s website. “Expectation of higher crude oil demand in the third and fourth quarters of 2016, coupled with decrease in availability, is leading the analysts to conclude that the current bear market is only temporary, and oil price would increase during later part of 2016,” Al Sada said.

Militants Kill Soldiers Meanwhile, suspected militants yesterday ambushed a location of the Joint Task Force (JTF) in Nembe town, Bayelsa State, killing three soldiers and carting away several arms and ammunition belonging to the security outfit. During the incident which occurred at about 9.30 a.m., the gunmen made away with military gunboats after they sacked the operatives of the JTF stationed at the checkpoint in the waterways of the state. The checkpoint, it was gathered, is located at the entrance of the community and has existed since the outset of the armed agitation in the Niger Delta region. The gunmen were reportedly disguised as mourners in order to deceive the security operatives and let out several gunshots on the unsuspecting officers, killing three instantly and injuring

several others, including civilians. Many residents of the area, it was gathered, became apprehensive when they heard the sound of gunshots which unsettled the community during the surprise attack that lasted for about 30 minutes. The gang, which operated in several gunboats, caught the soldiers unawares and left no chance for a quick response, a source said. A resident of the area said many people started fleeing for fear that the military might return for a reprisal attack. “The attack was deadly and well planned. Nobody had expected that such a thing would happen at such a time when the jetties are busy with people preparing to go about their normal business activities. “I am sure even the soldiers did not expect this to happen at that time. Some persons who were already sailing out of Nembe said they saw the gunmen but dismissed them as mourners because they were dressed in white robes,” he said. The source further said that following the incident, some residents in Nembe fled the community while others locked themselves indoors following widespread fears of a reprisal. It was learnt that the incident occurred at the same military checkpoint where five soldiers were shot dead and heavy guns carted away in November last year. Officials of the state government were said to have sent a delegation to the area while the JTF deployed more men to the scene and on the trail of the violent gang. A statement later yesterday by the acting spokesman of the JTF, Lieutenant Commander

A. Ahmed, said the security operatives vowed to go on the offensive against the suspects. “Some suspected gunmen believed to be militants at about 10 a.m. on 8th of August 2016 attacked the 343 Artillery Regiment, a detachment of Operation Delta Safe deployed in the Nembe jetty in Bayelsa State. “During the incident, three soldiers lost their lives. The commander of Operation Delta Safe, Rear Admiral Joseph Okojie, has consequently deployed a reinforcement team to apprehend the perpetrators of this heinous crime. “He further warned that henceforth, Operation Delta Safe will go on the offensive to fish out all criminals in the region. “It should be noted that the attack by militants was as a result of the ongoing operations of the Joint Task Force, Operation Delta Safe, aimed at flushing out all forms of criminality, especially pipeline vandalism and the destruction of illegal refineries within the region. “The command wishes to assure the law abiding public, particularly the Nembe community that Operation Delta Safe is mandated to ensure conducive and safe water ways for legitimate businesses in the joint operation areas”, the statement said.

start work immediately. “The committee is expected to submit its report to us within seven days to resolve this matter once and for all. “We want to use this opportunity to clam down our members and to tell them that what is happening is normal in a democracy. After various consultations, efforts are being made to end the crisis. They should remain, resolute and determined, they should not listen to rumors, that this party is gone; it is not gone,” he said. In his remarks, Jerry Gana assured that his committee was going to work for the return of peace to the PDP. He urged Senator Sheriff to accept the olive branch being extended to his group and team up with the peace committee so that all the contentious issues will be resolved. However, PDP’s attempt to woo Obasanjo back to its fold fell on dead ears, as the former president restated yesterday that he was not returning to his former party. Obasanjo, who spoke to THISDAY through his media aide, Mr. Kehinde Akinyemi, said: “I’m referring you back to the statement issued over the weekend that ‘those who know me (Obasanjo), know that I have publicly announced quitting partisan politics’.” He said Obasanjo was always firm with his decisions, irrespective of the appeal from the party. Again recalling the statement at the weekend, Akinyemi quoted the former president

as stating if Obasanjo quit the party when it was alive and seemingly united, he wonder why the former president would go back to a divided, factionalised party grasping for breath? He said: “Mr. THISDAY, those behind the false news that he was sighted at a PDP meeting on Saturday wanted to get Obasanjo annoyed and embarrass him, adding: “Baba has told the world that he has quit partisan politics and that is final.” Meanwhile, the South-West chapter of the PDP yesterday picked Olabode George, as the consensus candidate for the national chairmanship position. George was adopted at a meeting held at the Government House, Akure, Ondo State. Those in attendance were Governors Olusegun Mimiko (Ondo), Ayodele Fayose (Ekiti), Mimiko’s deputy, Lasisi Oluboyo, Fayose’s deputy, Dr. Kolapo Olusola, George, Senator Iyiola Omisore, Chief Ebenezer Babatope, Alhaji Yekini Adeojo, Mrs. Olusola Obada, Chief Shuaibu Oyedokun, Chief Dare Adeleke, Hon. Ladi Adebutu, Prof. Tunde Adeniran, Prof. Taoheed Adedoja, Senator Teslim Folarin and others. Before George’s adoption, the zonal caucus had zoned the chairmanship position to Lagos and Ogun States. A six-man committee headed by Adeojo was set up to appeal to other aspirants to support George. The committee is expected to submit its report

Ex-militant Picked to Battle Vandalism However, before yesterday’s attack at the Nembe creek, the Bayelsa State Government at the weekend began the implementation of its new strategy to end the menace of militancy, pipeline vandalism, pirate attacks, kidnappings and

other criminal activities along the waterways and creeks of the state. The governor of the state, Mr. Seriake Dickson, inaugurated a former militant leader, Mr. Africanus Ukparasia, popularly known as ‘General’ Africa, as the chairman of the state Waterway Security Taskforce. At the inaugural ceremony, which reportedly took place at the Banquet Hall, Yenagoa, Dickson mandated the taskforce to provide the security agencies with the required intelligence to deal with criminals. The ceremony which later moved to Africa’s home attracted youths and leaders from different parts of the state, including the state chairman of the All Progressives Congress (APC), Chief Tiwe Oruminighe and the state secretary of the party, Mr. Marlin Daniel. In his remarks, Africa assured the government of adequate security and intelligence gathering along the waterways of the state. He said criminals would no longer be allowed to take over the waterways to kill innocent people and subject travellers and traders to untold hardship. He warned sea robbers and other criminals operating in the state to leave the creeks or face tough times. Speaking on the choice of Africa, Oruminighe hailed Dickson for the appointment and said though the ex-militant leader is a member of APC, matters of security cut across party lines. He said Dickson, a member of the Peoples Democratic Party (PDP), recently visited Buhari to seek ways of solving the Niger Delta problem.

PDP ASKS OBASANJO TO RETURN AS PARTY SEEKS TO RESOLVE CRISIS to rebuild and reposition it into a more formidable, all conquering outfit ahead of the 2019 general election. The Chairman of the PDP Board of Trustees (BoT), Senator Walid Jibrin, who made the charge yesterday against the backdrop of last weekend’s outburst by former President Olusegun Obasanjo that the PDP was gasping for breath, said such an assertion existed only in the imagination of those making it. In a veiled reference to Obasanjo’s dismissal of his former party, Jibrin said contrary to insinuations by some persons, PDP was not by any means gasping for breath, “but is alive and kicking”. This is just as the Southwest chapter of the party settled for a former Deputy National Chairman of PDP as the consensus candidate for the post of national chairman of the party. Speaking on efforts to resolve the protracted problems of the party, Jibrin said: “Leaders who are talking in newspapers that this party is not alive, the party is alive. It is only in the imagination of those saying that this party is dead and that it will not come back. “Such people should change their minds. If he comes back to this party, we are ready to receive him.” While inaugurating an 18-member peace committee headed by Prof. Jerry Gana, the BoT chairman said the party has decided to pursue a political solution as a means of resolving the face-off with

its former national chairman, Senator Ali Modu Sheriff. According to Jibrin, the Jerry Gana peace committee has seven days to complete its assignment and submit a report to the party. “We are gathered to inaugurate the special committee of the BoT to reconcile our members. You are aware that the BoT have been meeting with some organs to review the situation in the party. We have therefore decided to set up a special committee with a view to resolving the problem. “With the calibre of the people we have chosen to represent the BoT, I am very optimistic that the end of this conflict has come and that we shall all come out smiling very soon before our convention. “We want to thank other groups that have tried and particularly the PDP caucus in the Senate, the party’s caucus in the House of Representatives, our able governors and so many other bodies that have tried their best to resolve this problem. “We’ve had sleepless nights, trying our best so that the party’s integrity is maintained with reference to the dreams of the our founding fathers. We should not let the PDP to die,” he said. Jirbin assured that the party would henceforth rely on its constitution, adding that the principle of party supremacy must be uppermost in the minds of party members. He advised those fuelling the leadership crisis in the party to

have a change of heart so that their names will be written in the history of the party. “We must also agree that this party is supreme, this party is above every one of us. It is above individuals and therefore we must all join hands to ensure that we resolve this matter politically. “It is on this issue of political consideration that we decide to form this committee. It is an 18-member committee made up of well recognised Nigerians of high integrity that will be able to resolve this problem. “Even those who believe that there are problems should cool down, so that their names will be written in the history of not only the PDP but Nigeria. With PDP being the greatest and biggest in Africa, we should maintain that position. “I should also thank the governor of Bayelsa State, Hon. Seriake Dickson who is heading a very important committee and has been in Abuja for a very long time trying to resolve this our problem. I want to encourage him and his members to try their best so that we can join hands together with the BoT. “The BoT is the conscience of this party and I think God will not forgive us if we sit down and do nothing. With all the court cases all over the place, about 15 of them, the way we can bring an end to them is to allow all the aggrieved persons to come together and agree to withdraw all the cases out of the courts and give support to this very important committee that will

in 48 hours. Already, Jimi Agbaje (Lagos), Gbenga Daniel (Ogun) and Adedoja (Oyo) had indicated interest in contesting for the chairmanship post at the party’s convention in Port Harcourt. The meeting also agreed to zone the position of the deputy national publicity secretary to Oyo/Osun and national treasurer to Ondo/Ekiti. Mimiko and Fayose spoke glowingly of George’s experience, charisma and loyalty to the party. To the governors, PDP would be better served if George is elected as the national chairman, adding that it will be the first time a Yoruba man will be elected to lead the party since 1998.

TOP GAINERS NGN NGN FCMB 0.07 1.34 DANGSUGAR 0.33 6.98 NPFMFB 0.04 0.94 AIICO 0.03 0.71 ASL 0.08 2.17 TOP LOSERS NGN NGN DANGFLOUR 0.23 4.15 TOTAL 12.07 229.95 MRSOIL 2.13 40.60 BERGPAINTS 0.38 7.25 CUSTODIAN 0.19 3.80 HPE Nestle Nig Plc N820.00 Volume: 118.371 million shares Value: N1.270 billion Deals: 2,899 As at yesterday 08/08/16 See details on Page 40

% 5.5 4.9 4.4 4.4 3.8 % 5.2 4.9 4.9 4.9 4.7


T H I S D AY TUESDAY AUGUST 9, 2016

7


8

T H I S D AY • TUESDAY, AUGUST 9, 2016

NEWS

Shekau Resurfaces in New Video, Threatens Buhari, Attack on Abuja DHQ: Boko Haram leader’s threat, mere rhetoric Senator Iroegbu with agency report Boko Haram’s shadowy leader Abubakar Shekau has appeared in a new video vowing to fight on and shrugged off an apparent split within the hardline jihadist group blamed for thousands of deaths in north eastern Nigeria since 2009. He also threatened fresh but more vicious attacks on Nigeria, even as he battles Abu Mussab al-barnawi the son of his erstwhile leader, Muhammed Yusuf, to retain the leadership and control of the outlawed group, reported online news medium Premium Times. However, the Defence Headquarters (DHQ) in Abuja has dismissed the Boko Haram leader’s threat as mere “rhetoric” and questioned the authenticity of the video. In the video released yesterday, Shekau, who paraded several of his men, was quiet while one of his masked lieutenants read out a statement that reiterated their unflagging loyalty to him while denouncing ISIS’ choice of al-barnawi as its West African ‘Wali’ (leader). The 24-minute video, which was partly in Arabic and ended largely in Hausa, had the group issuing direct threats to President Muhammadu Buhari, the Chief of Army Staff, Lieutenant General Tukur Butatai and the spokesman of the Nigeria Army, Colonel Sani Usman, whom they labeled as their avowed enemies and infidels. The veiled speaker speaking on the front row of men who were all armed with lethal weapons,

threatened that they would very soon attack the presidential palace and bring down the Nigerian flag. Shekau said he has no intention of waging war against Muslims, but threatened to carry out the “mother of all attacks” on Abuja, capital of Nigeria. The group expressed angst and displeasure with the al-Bagdadhi-led ISIS for recognising al-barnawi as the new leader of Boko Haram in West Africa. It however failed to withdraw its loyalty to al-Bagdadhi whom they repeatedly referred to as Khalifa (Supreme leader) – an indication that Boko Haram is still very much comfortable being under the stronger umbrella of ISIS. “I… Abubakar AshShakawy (Shekau), the leader of Jama’atu Ahlissunnah Lidda’awati Wal Jihad, made it a duty for myself (to fight) Nigeria and the whole world,” Shekau said in the video released on Sunday, using the group’s name since it declared allegiance to the so-called Islamic State. “Let the government of Nigeria and West Africa not celebrate or gloat over the division between us and our brothers….We will shock them with attacks never seen before, in no-distant time. “They (the Abu Mussab group) do nothing but to create division among our people without an iota of contribution to the jihad. “This is time to fight; it is the time of jihad. We are not killing fellow Muslims. We are not calling Muslims nonbelievers. We fight and kill those who God has ordered to be fought, those we call non-believers are people so

government and condemned Western countries including the United States, France, Germany and “the tyrants of the United Nonsense (UN)”. In the concluding part of the video message that featured the group, the masked speaker threatened more vicious war against Nigeria and its West and Central African neighbours (Chad, Niger and Cameroun), which he said would commence “very soon.” At the end of his speech — apparently filmed in Boko Haram’s stronghold in the Sambisa forest of north eastern Nigeria — he fired off rounds of ammunition into the air. Shekau’s absence in recent months had sparked speculation about his fate and whether he had been deposed as Boko Haram’s chief. Omar Mahmood, a security analyst with

US-based Foreign Policy Research Institute who has spent the past five years researching Boko Haram was quoted by AFP as stating that Shekau was removed because of his high-handedness and ruthlessness. “One thing that has remained constant, however, is the focus on attacks against regional security forces, with Muslim civilian deaths still ignored. This aspect seems to be a key concern for IS propagandists,” Mahmood said. “By contrast, Abu Musab al-Barnawi, the man announced as the new leader, clearly stated in his al-Naba interview that attacks against Muslim civilians, mosques and markets will not be a staple of his leadership.” Sources close to Boko Haram said Barnawi, aged in his early twenties, is none other than Habib Yusuf, the eldest son of group founder Yusuf. They said he was put under Shekau’s care following the death of his father, but the pair fell out over ideological and operational differences. Boko Haram has been blamed for some 20,000 deaths and displacing more than 2.6 million people since it launched a brutal insurgency in Nigeria in 2009. Nigerian forces, with the support of regional troops, have recaptured swathes of territory lost to the jihadists since they launched a military campaign in February 2014. In a swift reaction to the video, DHQ dismissed the latest threat by the Boko Haram leader.

DHQ spokesman, BrigGen. Rabe Abubakar, in response to THISDAY’s enquiries yesterday, expressed doubt over the authenticity of the video, suggesting that it could have been made by anyone acting as Shekau. “That’s rhetoric and that doesn’t bother us. Which Shekau resurfaced and where did you see him? Remember anybody can replicate him. We know they are dying elements and will fade out soon,” Abubakar said. The defence spokesman noted that having been defeated in the battlefield, the Boko Haram terrorists were attempting to shift the battleground to the media space. He said the military was not interested in engaging the terrorists in a media war and would rather complete the ongoing clearance operations and the destruction of the group. “We are not ready for a media war, which they would like us to engage in. Since they have failed woefully in the combat arena, they now want us to go to the media space. We will remain focused and his threats are just a figment of his imagination,” he added. He advised the public not to be deceived by the video, stating: “No one should be deceived by the non-existent person called Shekau. “He is gone and we advice other remnants of his group to surrender now just like the wise men among them did to save their lives, otherwise they will regret their continued defiance which will not save them,” he warned.

have openly disagreed with their members in the National Assembly on whether primary elections should be conducted for the selection of deputy governors or not. The disagreement came during a discussion on the issue at a PGF expert session on electoral reforms. Speaking on some of the proposed amendments to ensure that the Electoral Act provides a level playing field, an APC member and the House Committee Chairman on Electoral Matters and Political Parties Affairs, Hon. Aishatu Jibril Duku, canvassed for the inclusion of a clause in the Nigerian Constitution directing political parties to conduct primaries elections for the selection of deputy governors. But reacting to the proposal, Masari said such move would lead to chaos. He said: “Well, we don’t want it. If you conduct elections for deputy governors you also end up conducting a primary election for a vice-president and vice-chairmen – there will be confusion. “The issue is very clear, there has to be one leader at a time, you don't join two heads together. If you have two heads, one will

be crying and the other one clapping.” Meanwhile, the Deputy National Publicity Secretary of the APC, Mr. Timi Frank, has slammed Abdumumuni for flouting the party’s order to stop making public statements on the alterations made in the 2016 budget. The APC Deputy National Chairman North, Senator Lawal Shuaibu, had ordered Abdulmumuni not to make further comments on the lingering budget feud in the House. But since the directive was issued, Abdulmumuni has made further allegations against the House speaker, including that he (Dogara) had connived with two serving governors and ex-lawmakers to block him from meeting with President Muhammadu Buhari on the budget feud. In a statement yesterday, Frank accused Abdulmumuni of being disrespectful to the Lawal committee, which the APC spokesman said had been working “tirelessly to resolve the crisis”. “It is now obvious how disrespectful, mannerless and desperate Hon. Abdulmumuni can be even to the leaders of our party

which include the National Deputy Chairman, North, National Secretary, National Treasurer and others who have been sleeplessly working to ensure that peace returns to the House. “But if Hon. Abdulmumuni does not have respect for Speaker Dogara as a person, it is expected of him to respect the Office of the Speaker, the number four citizen of our party and the country. “Abdulmumuni should also be told that he has clearly shown disrespect for President Muhammadu Buhari who is the leader of our party by this singular act. “It is high time Hon. Abdulmumuni keeps quiet and stops this public show of shame before his excesses are made known to Nigerians and the whole world,” the party warned. The APC spokesman reminded Jibril that his continuing show of “shame does not only stop with him, but has a negative impact on the party, its members and the Muhammadu Buhari-led government”. “He should also be aware that disobeying the party in this manner may attract sanctions if the party deems it fit,” he warned.

A screenshot of Shekau in the video called by God,” he said. Last week, Shekau said in an audio message that he was still the head of the group despite his purported replacement by al-Barnawi, a former Boko Haram spokesman. “We have no desire to fight our Muslim brethren,” Shekau, who last appeared in March, said in the 24-minute video. Shekau ridiculed suggestions that he was dead, and looked more composed and energetic than in previous appearances. “I’m alive by the permission of Allah,” he said in his speech in Arabic and Hausa, adding that he would only die when his time came. In the video he is wearing camouflage gear and holding a machine gun, standing between two Islamist fighters in balaclavas armed with rocket-propelled grenade launchers. He taunted the Nigerian

APC APOLOGISES TO NIGERIANS OVER BUDGET FEUD (NWC) led by Chief John Oyegun to be proactive and do the right thing at the right time to resolve some of the crises facing the party. Providing clarification on what gave rise to the late response by the party to the public altercation between its members in the House of Representatives, Oni said that the leadership did not want to be on the wrong side of public opinion. “There are things the party should do and there are positions the party should take to make things right. I personally, and in my personal opinion, think we were being too conscious, we always want to be right, to take the right position. “But I think that what we should do as a party, most of the time, is to take a firm position even if some people consider it a mistake. But if it is a firm position, that is our position. “I think we should be doing more of that and if we are doing more of that, we will be able to correct a few things, because as we are trying to ensure that everybody is happy and satisfied, virtually nobody is happy at the end of the day. So I think we have to change that style.

“On the National Assembly crisis, we are looking at it, and like I said, once we agree we would debate and take a firm position and that will be our position,” he said. Commenting on the shortfalls of the APC leadership, Masari said the APC leadership needed to be more proactive on issues that affect the image of the party. “With due respect sir (Segun Oni), the problems that are coming from the management of APC, as regard the National Assembly, we are facing challenges, we have tried time and time and we have to try to consolidate this party. “What Prof. Sam Egwu said is a reflection of what is happening, the management must solidify the party. With your experience, experience of the national chairman as a former governor and former permanent secretary he has no reason to fail. “You have the credentials to succeed, if you want to exonerate yourself put the right people in the right place. “The national chairman is a former governor, you (Oni) are a former governor, Lawal Shuaibu is a former

senator. So, when you do good, we will say we were the ones who elected you there, but when you do not perform, you are on your own.” Speaking in an interview shortly after the event, Masari said the expectations of Nigerians were for the House members to sit down and reconcile themselves. Also speaking while assessing the activities of the APC leaders’ intervention in some of the crises rocking the party and the expectations from the amendments to the Electoral Act, a member of the PGF Legislative Programme, Prof. Egwu, said the party must be properly governed, adding: “The party was properly governed before the last general election but the table has turned around and I won’t suffer any damage for saying this. “Take Kogi for example, how can APC win the election in 2019 when the late Audu has his own group, the late Minister Ocholi has his own group and the present governor has his own.” But as the APC leadership debated on their input to the amendment of the Electoral Act, it emerged that the APC governors


TUESDAY AUGUST 9, 2016 • T H I S D AY

9

NEWS

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

NNPC Posts N27bn Deficit One Month after Reporting Surplus

Chineme Okafor inAbuja The Nigerian National Petroleum Corporation (NNPC) has reported a deficit of N26.51 billion from its operations in June, just one month after posting a record trading surplus of N274 million in May. The June 2016 monthly operations and financial report of the corporation which it released last Sunday indicated that it had

failed to continue on the positive operational trend it reported in May because of a 13.30 per cent decline in the sales of its subsidiary downstream company – the Pipeline and Products Marketing Company (PPMC) among other issues. Other operational issues which NNPC said influenced its deficit record in the month of Juneincluded reported huge incidents of vandalism at up to

DMO to Appoint Legal, Technical Advisers for Eurobond James Emejo in Abuja The Debt Management Office (DMO), on behalf of the federal government, has commenced the process of appointing two international banks as joint lead managers and a local bank as financial adviser for the planned Federal Government Medium Term Note (FGMTN) Programme (2016-2018) as well as the issuance of $1 billion out of the $4.50 billion FGMTN programme in 2016. In addition, the federal government is also seeking to retain the services of an international and Nigerian law firms which will act as joint legal advisers for the FGMTN. The legal advisers will be appointed separately by the DMO. Furthermore, the federal government plans to engage the services of a technical adviser on communication who will be required to work with other transaction advisers to ensure the successful implementation of the

FGMTN. The DMO, in a notice of request for proposal on the positions being advertised, which was posted on its website, said the the purpose of the FGMTN programme was “to enable the federal government have the flexibility of quickly taking advantage of favourable market conditions in the International Capital Market (ICM) to raise funds, if and only when the need arises”. It added that bids are to be turned in by 12 p.m on September 19, 2016 at its head office in Abuja, warning that it reserves the right to reject any bid not received by the stipulated time and in the form prescribed by this Request For Proposal. The debt office further stated that financial bids would be opened after a shortlist of prospective bidders had been compiled on the basis of the evaluation of the technical bids and the interviews. The floating of the Eurobond is expected to help the federal government fund part of the N6.1 trillion budget for the year as it plans to source N2.2 trillion

Buhari Reintroduces War Against Indiscipline Olawale Ajimotokan in Abuja The federal government has re-launched the War Against Indiscipline (WAI) to serve as a spine for its anti-corruption fight. The Minister of Information and Culture, Lai Mohammed, had disclosed that WAI would be rebranded to Change Begins with Me (CBWM) to instill public morality, social order and civic responsibilities in Nigerians. The brigade was unveiled yesterday in Abuja by the Director General of National Orientation Agency (NOA), Dr. Garba Abari, at a meeting with national and state Commanders of Community Support Brigade (CSB). Abari said WAI would be repositioned in the current dispensation of the change mantra. He said the body would aid civil intelligence gathering in the area of insecurity, violence, kidnapping, and other forms of social vices. “The ills and woes that bedeviled the nation at that time are still very much with us today. That is why, when the NOA was established in

1983, the WAI Brigade was automatically drafted to be part and parcel of the agency to fight against indiscipline, disorderly behaviour in public and private places, disobedience to traffic rules and regulations, disrespect for constituted authorities, filthy environment, bribery, corruption and other social vices,” Abari declared. According to him, the Buhari administration decided to re-introduce the programme for better performance in the fight against indiscipline and corruption. Buhari first introduced the programme while he was the military Head of State from 1984 to 1985, as a panacea for corruption and to make Nigerians imbibe new social ethos. WAI then had gained so much popularity as Nigerians disciplined themselves to do the right thing. The culture even continued for a while after he was ousted in 1985. It was, however, criticised for human rights abuses regarding freedom, justice and equality, as the military brought its powers to bear in enforcing discipline on Nigerians.

261 points of its pipeline. It said in the report which THISDAY obtained in Abuja that this compounded its operational deficits. It also stated that a substantial portion of crude oil sales of its exploration and production subsidiary – the Nigerian Petroleum Development Company (NPDC), for the month estimated to be in excess of the reported deficit could also not be realised due to ‘force majeure’ declared by Shell Petroleum Development Company (SPDC) following the break on 48-inch Forcados export line. According to it, local refining capacity remained below commercial threshold within the month due to prolonged Turn Around Maintenance (TAM) issues, pipeline vandalism, and resultant losses, adding that the three refineries in Port Harcourt; Kaduna; and Warri had a combined operational deficit of N4.69 billion.

“This 11th publication of NNPC monthly financial and operations report indicate a deficit of N26.51 billion as against trading surplus of N274 million reported in May, 2016. “This trading surplus does not represent net profit as there are other expenses that should ordinarily have been captured. The deficit in the month of June 2016 was majorly due to decrease in revenue generation as a result of decline in PPMC petroleum products sales by 13.30 per cent or N14.9 billion and increase in products distribution costs. “Also June 2016 operations witnessed the major impact of incessant vandalism, during the month more than 261 vandalised, points were recorded. In NPDC a substantial portion of crude oil sales for the month estimated to be in excess of the deficit could not be realised due to force majeure declared by SPDC as a result of

vandalised 48-inch Forcados export line,” said the report. According to it: “The combined value of output by the three refineries (at import parity price) for the month of June 2016 amounted to N24.68 billion while the associated crude plus freight cost was N22.25 billion, giving a deficit of N4.69 billion after considering overhead of N7.12billion. This deficit for the month was primarily due to irregular crude oil supply and impact of pipeline vandalism.” It further explained: “In May 2016, crude oil production in Nigeria plummeted to 1.69mb/d following uptick in pipeline vandalism in the volatile Niger-Delta region. Subsisting force majeure at Forcados Terminal means that about 380,000bpd remains shut-in. “Cargoes were deferred until repairs are completed. Also, the nation has lost over 1,500 megawatts to the damage at Forcados which

accounted for 40 to 50 per cent of gas production. Furthermore, force majeure was declared on May 10, 2016, for repair works on Nembe Creek Trunk Line (NCTL) and the resultant shut-in of about 275,000bpd. Other far-reaching incidents include production shut-in at Usan, Que Iboe and Brass Terminals.” It noted that: “In the downstream sector, introduction of new price regime, especially for Petrol has continued to incentivise the market players to import petrol and relieve NNPC the responsibility of supplying more than 90 per cent of the petroleum products. “Local refining capacity has remained below commercial threshold due to prolonged Turn Around Maintenance (TAM) issues, pipeline vandalism and resultant losses. However, the ongoing refineries revamp is improving the situation.”

COMMIITTED TO PHILANTHROPY

L-R: Chairman, Board of Trustees, Akintola Williams Foundationm Mrs. Olutoyin Olakunri; Doyen of accounting profession, Chief Akintola Williams; and President, Institute of Chartered Accountants of Nigeria (ICAN), Mr. Titus Soetan , at the formal launch of Akintola Williams Foundation in Lagos....yesterday Sunday Adigun

63 Truckloads of Grains for Borno Diverted, Ndume Reveals Michael Olugbode in Maiduguri Senate Majority Leader, Alhaji Mohammed Ndume, yestrday said 63 out of the 103 trucks approved by the presidency for release to Borno State from the National Strategic Grains Reserve in April had gone missing and yet to be delivered four months after. He noted that President Muhammadu Buhari had in April ordered the immediate release of 10,000 tons of grains to the six North-eastern states to cushion the effect of the Boko Haram insurgency. Ndume, representing Borno South in the National Assembly, told journalists in Maiduguri that it was unfortunate that only 53 trucks were delivered. He said the contractor was supposed to have delivered

103 trucks of assorted grains for distribution in Borno State, but “he only delivered 53 trucks. The authorities are on it to get the remaining 63 trucks.” Ndume said President Buhari had instructed that the grains should be tracked which necessitated a probe during which it was discovered that some of the grains were diverted. He said: “President Buhari is very concerned on the issues in the North-east, what brought me to the state is to inquire about the true situation on ground regarding the grains release. “Mr. President had an intelligence report that the grains had not been released so he called me and asked me to find out the truth.” Ndume revealed that it was after an investigation that it was discovered that the contractor had diverted 63 trucks out of the 103

meant for the state. Ndume, who revealed that the contractor was already in the net of the Economic and Financial Crimes Commission (EFCC), said: “Our original plan was to start sharing the grains but we cannot distribute only 53 trucks now.” HeexpressedgratitudetoBuhariforhis concernonthehumanitariancrisisinthe North-east,stressingthat:“Wearegrateful forhisconcernonthehumanitariancrisis in the North-east. Like I said, we discuss most often on the issue and when I told himaboutthedevastationin Bama and Gwoza where the entire houses and infrastructure were destroyed he felt very sad.” He disclosed that: “Last week we spent almost two hours discussing with the president on the issue of hunger, starvation, resettlement and rehabilitation of the North-east. “I think that he is genuinely concerned about the problem

because he also has an independent sources of information.’ The lawmaker expressed optimism that the National Assembly would passed the Northeast Development Commission bill into law as soon as possible. He said: “The House of Representatives has already done with it before going on recess. The senate was almost done with it too but for some little hiccups due to the source of funding at the proposed headquarters.’ He however said the issue had been resolved by the leadership, adding that: “We are hoping that immediately we resume, it will be a priority to all of us as everybody is supportive of the bill.” He said: The passage of the bill is crucial for effective frame work for the rehabilitation of the North-east devastated by the Boko Haram terrorists.”


10

TUESDAY AUGUST 9, 2016 • T H I S D AY

NEWS

Despite Protests, South-west PDP Zones National Chairmanship to Ogun, Lagos Imposition of candidates at convention will be counterproductive, says Mark Omololu OgunmadeinAbujaand James SowoleinAkure Amid protests, and in what appeared as an inconclusive process, the South-west Zone of the Peoples Democratic Party (PDP) yesterday zoned the national chairmanship position of the party to Ogun and Lagos States sub-zone of the region. The leaders of the zone, who converged on Government House, Akure, Ondo State, for the purpose of zoning national offices earlier expected to be filled by the zone, also decided that the Ekiti and Ondo States should produce the. National Treasurer for the party. Similarly, the Oyo and Osun States were told to produce a candidate for the position of the National Publicity Secretary. Though, the meeting was expected to specifically zoned the positions to specific states, the differences that were displayed at the meeting made the zone to set up a six-man committee to decide finally those states that would present candidates for various positions. The South-west Chairman of the party, Dr Eddy Olafeso, who addressed journalists after the stormy session, said the party leadership would continue to dialogue with aggrieved people. An aggrieved delegate said if the meeting had been conclusive, there would not be any season to still zone a particular position to two states. Though the meeting came out with a position, some aspirants for the position of the national chairman, protested at the meeting. The aspirants are the former Minister of Education, Prof. Tunde Adeniran, and former Minister of Sports, Prof. Taoheed Adedoja.

Though Adedoja, from Oyo State, waited till the end of the meeting, he told journalists that the zoning was not binding on him as he would contest for the position irrespective of where it was zoned. Similarly, Adeniran, from Ekiti State, who spoke though his media aide, Taiwo Akeju, described the meeting as a jamboree that could not achieve any meaningful outcome. The duo of Adedoja and Adeniran said the leaders of the party should allow all the aspirants to contest for the chairmanship position at the forthcoming convention of the party in Port Harcourt, Rivers State. They alleged that there was a lot of impunity in the party, noting that it was the reason the party was not moving forward. “Zoning will not work in the issue of the national chairmanship of the PDP, the leaders should allow all those who obtained the forms to contest at the convention. They should allow democracy to work, we want the best candidate to emerge, we don’t want any imposition in this matter. So today’s (Monday) meeting is just a jamboree thing. “Enough of this impunity in our party, it is because we allow impunity that is why we are where we are today in the PDP, so we enjoined the party leaders to let democracy work. We should not allow impunity to destroy our party completely,” the said. Prior to the commencement of the meeting, a mild drama ensued as some leaders, including Senator Buruji Kasamu, refused to enter the venue of the meeting.

Nigerians are Facing Hunger, Poverty, Says Senator Sani John Shiklam in Kaduna Senator Shehu Sani has said Nigerians are facing serious hunger and poverty and can barely meet their basic needs. Sani who represents Kaduna Central senatorial district in the Senate stated this last Sunday at the launch of his interactive forum in Nasarawa, a suburb of Kaduna metropolis. Addressing residents of the area during the interaction tagged: ‘Street Parliament’, Sani said: “We know that Nigerians are facing hunger, no money for school fees and no jobs,” attributing the situation to the 16 years reign of the Peoples Democratic Party (PDP). After listening to complaints from residents, ranging from the terrible condition of the road leading to the area, poverty, joblessness and lack of portable water, Sani regretted the neglect of the community by government, noting that “it is as if this community is not in Kaduna. “But it is not our (All Progressives Congress APC) fault. For the past 16 years, the PDP government did not do anything for you, but this present government will do something for your community.” The senator further told the residents of the area, most of who

are former workers of the numerous textile companies in Kaduna, that the federal government has earmarked N50 billion to revive the moribund textile industries. He recalled that during the administration of President Goodluck Jonathan, about N70 billion was given to some people in the name of reviving the textile industries but they squandered the money. “Now the government has promised to give N50 billion to revive the textile companies. The Governor of Central Bank (CBN) was the one who said this. “A meeting had been held with the textile companies. It is important to ensure that those who were working in the textile should be there when the fund is being released so that the money will not be diverted to other things. “This time, mistake of the past must not be repeated, so it is important that the people in this community and Kakuri in general should select representatives to the CBN and request to witness the disbursement of the funds for textile companies,” Sani advised. He explained that the objectives of the ‘Street Parliament’ was to provide a platform which he and in his constituency can interact and share ideas that will bring about development.

THISDAY, however gathered that the disagreement ensued when Kasamu insisted that all the delegates he brought for the meeting should be allowed into the venue of the meeting. It was gathered that two delegates were supposed to be allowed into the meeting. The grouse of Kasamu and some leaders, including former Secretary to Ekiti State Government (SSG), Ambassador Dare Bejide, was the decision of the conveners of the meeting to prevent the Makanjuola Ogundipe-led factional zonal executive from gaining access to the venue of the meeting. Others who were prevented from the Banquet Hall of the Governor’s lodge were Chief C.K Awoyelu, former Ekiti State Deputy Governor, Chief Abiodun Aluko; a member of House of Representatives, Hon. Segun Adekoya, factional Chairman of

Osun PDP, Chief Adagunodo, and other members of Ogundipe led factional executive. Consequently, they left the venue of the meeting which was attended by Governor Mimiko of Ondo State, Governor Ayodele Fayose of Ekiti State, Senator Iyiola Omisore, Dr Eddy Olafeso and members of the zonal executive, and convened at a hotel in Akure, the Ondo State capital. Addressing journalists at the hotel in Akure, Ogundipe said the National Caretaker Committee (NCC) led by Alhaji Ahmed Markafi should not hearken to whatever decision reached at the meeting convened by Mimiko. Ogundipe described the action of the conveners of the meeting as executive rascality as he and members of his executive were the legally recognised executive of the party at the zone. According to him, the zonal

leadership led by Mimiko should be brought to book as they have violated the constitution of the party by excluding critical stakeholders of the party from the meeting. Chieftains of the party in attendance were: Mimiko, Fayose, Chief Bode George, Senator Teslim Folarin, Chief Ebenezer Babatope, Omisore, Adedoja, among others. Meanwhile, ahead of the party’s national convention scheduled to take place in Port Harcourt, the Rivers State capital, next week, former Senate President, David Mark, has cautioned fellow party leaders and members against acts of impunity and attempts to impose candidates on the party. Mark, according to a statement by his Media Assistant, Mr. Paul Mumeh, gave the warning at a meeting he held with leaders of Benue State chapter of the PDP in his Otukpo country home at the weekend.

According to the statement, Mark advised the leaders of PDP and members to allow the popular will of the people prevail at the scheduled congresses and convention of the party, recalling that the defeat of PDP at the 2015 general election was a self-inflicted injury caused by imposition of candidates and impunity on the part of some leaders. While urging members of the party to remain steadfast and keep faith with the PDP “as a party of choice,” the former senate president expressed displeasure over the attitudes of some members who choose to defect to other parties as a result of the current challenges facing the party. He frowned at such acts of inconsistency, saying they neither enhance the sustenance of democratic culture nor promote the integrity and credibility of such politicians.

SOUTH-WEST PDP LEADERS

R-L: Ondo State Governor, Dr. Olusegun Mimiko; former Deputy National Chairman, Peoples Democratic Party (PDP), Yekeen Adeojo; former Deputy Governor of Lagos State, Kofoworola Bucknor-Akerele; and former Minister of Transport, Ebenezer Babatope, at the PDP South-west leaders’ meeting, inAkure...yesterday

Ekiti PDP: Aisha Buhari’s Trip to US is Fake Olakiitan Victor in Ado Ekiti The Peoples Democratic Party (PDP) in Ekiti State has declared that the state chapter of the comments by the All Progressives Congress (APC) on the visit of the wife of the president, Mrs. Aisha Buhari, to the United States is a desperate attempt to delude Nigerians. The PDP said: “It is only in the world of the APC that wife of the president of Nigeria, the most populous black nation in the world, would travel to the US ostensibly to debunk her involvement in a major scam and no television station will report her departure and arrival. The question is: did she travel to US or Qatar?” A statement yesterday by the state PDP Publicity Secretary, Jackson Adebayo, said: “If the presidency has not been bold enough to tell Nigerians that Mrs. Buhari travelled to the US on official visit, only a party of scammers like the APC will go on the rooftops to celebrate photo-shopped pictures as evidence of visit to US. “It is strange that the Nigeria first lady could travel to the US

and purportedly attended events there without international television stations like CNN, Aljazeera, BBC, Sky News, among others and local stations like Channels TV, NTA, AIT and others reporting it. Or are they still ‘editing’ the video clips?” Expressing doubt over the trip, the PDP said: “Even if Mrs. Buhari actually travelled to the US, does that erase the fact that in the judgment delivered by the United State District Court, Eastern District of Virginia, Alexandria Division, US, in criminal No 1: 07CR209, that indicted the US Congressman, Williams Jefferson, it was mentioned that $170,000 was transferred from account in Nigeria in the name of Aisha Buhari to an account in the name of The ANJ Group, LLC, identifying William Jefferson as beneficiary? “As a party of responsible and discerning minds, the PDP in Ekiti State would have elected to ignore the APC and allow the party the freedom to advertise it idiocy. This is more so that the matter is now a subject of litigation and no one has denied the existence of the judgment that indicted

Williams Jefferson and featured conspicuously at page 22, the name of Aisha Buhari as having transferred $170,000 from account in Nigeria to William Jefferson. “Most importantly, Nigerians have witnessed more heinous forgeries from the APC, one of them being pictorial claim that President Muhammadu Buhari (as APC presidential candidate then) had an interview with Kemi Fadojutimi on ‘All Eyes on Africa’ TV show in London, whereas the interview was held in Transcorp Hilton Hotel, Abuja. “However, it is important to point out that from all evidence, the pictures circulated as arrival of Buhari’s wife at Dulles International Airport, Washington DC, could have been taken at the Doha International Airport, Qatar. Even on the official website of George Mason University and US Institute of Peace, USA where the president’s was said to have attended events, there is nothing to show that she attended any event at the two institutions.” The party added: “We have seen pictures of the wife of the

Senate President, Toyin Saraki, with President Barrack Obama’s wife, Michelle. We also saw pictures of Mrs. Patience Jonathan with Michelle Obama when she visited the US. Where are Aisha’s pictures with the first lady of US or major government officials from the country? Or could she have arrived and departed from the US like a spirit? “It is even more important that nothing official has been said about the purported trip, not even from the president’s spokespersons.” that Mrs. Buhari dared not travel to the US because she would be arrested for her involvement in the scandal. Replying, the APC spokesman, Taiwo Olatunbosun, in a statement said the visit of the president’s wife to America last week has exposed the governor as a “liar.” He said the Mrs. Buhari did not only visit US but also met with the US government’s top leaders, United Nations officials and several NGOs that promised her cash and materials to aid the Internally Displaced Persons (IDPs) in the North-east.


T H I S D AY TUESDAY AUGUST 9, 2016

11


12

TUESDAY AUGUST 9, 2016 • T H I S D AY

NEWS

Boko Haram Has Been Defeated, Shattered, Says Buratai Rehabilitating 800 repentant sect members will bring peace to North-east, says group Seriki Adinoyi in Jos and Sunday Okobi in Lagos The Chief of Army Staff, Lt. Gen. Tukur Buratai, has declared that the Nigerian Army has defeated Boko Haram terrorists and has also deprived them from re-grouping anywhere in Nigeria, adding that the insurgents have been rendered incapacitated. Buratai, who was on a familiarisation tour of military units and formations under the 3 Division of the Nigerian army,

disclosed this yesterday when he paid a courtesy call on the Gbong Gwom Jos, Da Jacob Gyang Buba, in his palace at Jishe, Jos. The army chief said: “Your royal majesty I’m here this morning to pay a courtesy call on you before embarking on my familiarisation tour to units and formations under the 3 Division and indeed Operation Safe Haven (OPSH) here in the Plateau State. “You can see that our efforts in the North-east have really paid off as the incessant bombing

of market places and places of worships and populated areas has virtually stopped now. And I can assure you and the people of the state that they will never witness Boko Haram attacks like you witnessed in the past. “For a long time now, we have not had any case of that nature here in Plateau State and other parts of Nigeria, it is because of the efforts of the military in the North-east. The Nigerian army has not only succeeded in rooting them from their camps in the region, we have been able to blocked these criminal elements from crossing down to these areas or re-building their camp anywhere in Nigeria. “I want to assure you that we would remain resolute in the discharge of our duties. I want

to particularly commend you on your role as the Gbong Gwom Jos, including all the moral support you gave us through wise counsel. We must acknowledge your support.” Responding, Buba said: “The success of the Nigerian army over Boko Haram did not come to me as a surprise because I know very well that the Nigerian army historically has always distinguished itself wherever they had served; the history is simply replaying itself. He also appreciated President Muhammadu Buhari for waging a successful fight against insurgency in the country. Meanwhile, a group, Concered Professionals Congress (CPC), yesterday said the new initiative by the Defence Headquarters code-named Operation Safe

Corridor aimed at rehabilitating, de-radicalising and re-integrating about 800 repentant Boko Haram members into the society will quicken the peace process and boost ongoing re-construction efforts in the North-east region. CPC described the initiative as novel, bold and courageous at this critical moment in the history of the nation, saying the move would inspire hope, strengthen faith and restore confidence among Nigerians in the unity, stability and indivisibility of the country. According to its Coordinator, Tukur Musa Tilde and its Chief Media Strategist, Emeka Nwapa, who addressed journalists in Lagos, the group said the move by the military high command to de-radicalise the repentant sect

members can offer them another opportunity to contribute to the growth of the society while living their normal lives again, and ultimately advance the frontiers of humanity in the nation. Expressing regrets over the “incalculable damage” which the gruesome sect had done to the destinies of several persons, families, institutions, communities and careers in the last five years, the group praised the Nigerian military leadership for galvanising the patriotic and gallant troops in alliance with other security forces in the country to downgrade Boko Haram terrorists in the country thereby setting the stage for robust global interest for rebuilding programmes.

IPOB Accuses MASSOB of Betrayal in Biafran Struggle Charles Onyekamuo in Awka The Indigenous People of Biafra (IPOB) has accused the Movement for the Actualisation of Sovereign State of Biafra (MASSOB) of betraying the struggle for the actualisation of Biafran. IPOB’s spokespersons, Emma Nmezu and Clifford Iwanya, alleged yesterday in a statement that MASSOB had derailed and

betrayed Biafra’s struggle. The IPOB said MASSOB had been betraying the struggle by its detailed leader, Nnamdi Kanu, who it described as a patriotic Biafran freedom fighter, who could not sabotage Biafra like Chief Raph Uwazuruike. The IPOB alleged that MASSOB chickened out of the struggle and betrayed the actualisation of Biafra when it mattered most.

But in a statement signed by MASSOB’s National Director of Information, Samuel Edeson, and made available to journalists in Awka yesterday, the group said the IPOB was blackmailing its image. According to MASSOB, what IPOB was referring to was Ralph Uwazuruike’s betrayal and sabotage of the Biafra struggle and should hold him responsible as a saboteur but not MASSOB as an organisation.

“Uwazuruike’s deviation from Biafra struggle is the primary reason MASSOB expelled and chased him out of MASSOB headquarters, Okwe since 2014. “MASSOB now under the leadership of Comrade Uchenna Madu continues with Biafran struggle untainted, unblemished and unstained, highly energized with Biafra spirit of consistency and self determination.”


13

T H I S D AY TUESDAY AUGUST 9, 2016

Non-Interest

Bank of the Year Africa

Thank you, our One-customer

For further enquiries, please contact Sterling Bank Plc. Tel.: 014484481-5 or 014489470-94 E-mail: customercare@sterlingbankng.com www.sterlingbankng.com


14

T H I S D AY • TUESDAY, AUGUST 9, 2016

COMMENT

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

WHITHER NIGERIA’S FREE TRADE ZONE SCHEME?

F

Government should treat the country’s trade zones scheme with the seriousness it deserves, writes Nats Onoja Agbo

or many years, Nigerian leaders have paid lip service to the diversification of the economy. Instead, there has been a near-total reliance on oil to finance the country’s development needs. Some have argued for more consistent investment in the agricultural sector, which is achievable because of the country’s agricultural potential. In the years before and immediately after independence, the three regions relied heavily on agriculture to finance their development projects. The famous groundnut pyramids in the North, the cocoa plantations in the West and the oil palm plantations in the East provided the necessary funds for giant strides recorded by the leaders of the three regions in various sectors. But oil came and everybody went berserk. The farms were no longer lucrative because oil money came easy. It was not long before every other productive sector, including manufacturing, was abandoned in favour of oil wells and the unimaginable wealth that came with them. From the experience of past years, Nigerians often clamour for diversification of the economy in times of economic downturn, only for their voices to peter out at the first signs of bloom. That appears to be the fate of the Nigeria Export Processing Zones Authority (NEPZA) which was established by the military government, November 19, 1992 with the aim of accelerating the pace of economic growth in the country. Clay-footed from the onset, it took another nine years before the Calabar Export Processing Zone was launched in 2001. On March 29, 1996, the federal government also established the Oil and Gas Free Zone at Onne. Thereafter, everybody, including policymakers and implementers of the scheme went to sleep. Is it not ridiculous that more than 23 years after the scheme was established, very little is known about its operations? There has been very little effort at producing enough literature to guide stakeholders, prospective investors, policymakers and implementers on the viability or otherwise of the scheme. I was therefore surprised to chance on a book, A Review of Nigeria’s Free Trade Zone Scheme, which was co-authored by Chidi Nzerem and Oche Obe. The six-chapter book highlights the potential benefits of the free trade zone scheme and reviews the various efforts made by the federal government and other agencies to reform it. While chapters two and three are on the review of concepts and issues and experiences of six other countries, chapter four evaluates Nigeria’s free trade zones scheme, just as chapter five has the authors’ views and recommendations on how to reposition the programme for greater efficiency. The free trade zone scheme was designed to attract foreign direct investment, generate employment, enhance trade and industrialisation, promote exports, enhance foreign exchange earnings, encourage transfer of technical know-how to Nigerians and contribute to the economic growth and development of Nigeria. In their analysis of key data on the impact of Nigeria’s Free Trade Zone Scheme covering 1996 to 2012, the authors noted that the overall performance fell below expectations. On

IS IT NOT RIDICULOUS THAT MORE THAN 23 YEARS AFTER THE SCHEME WAS ESTABLISHED, VERY LITTLE IS KNOWN ABOUT ITS OPERATIONS? THERE HAS BEEN VERY LITTLE EFFORT AT PRODUCING ENOUGH LITERATURE TO GUIDE STAKEHOLDERS, PROSPECTIVE INVESTORS, POLICYMAKERS AND IMPLEMENTERS ON THE VIABILITY OR OTHERWISE OF THE SCHEME

foreign direct investment, for instance, the book highlights conflicting figures: whereas the Ministerial Committee for the Reform of Free Trade/Export Processing Zones claims an annual average of $200 million foreign direct investment inflow into the country, the International Labor Organisation (ILO) claims that only $1.2 million trickled into the country in 2007. The book also showed that domestic involvement in the scheme has been disappointing. Eleven out of the 30 free trade zones already licensed are still inactive. On the stated objective of promoting exports, the authors concluded that “the free trade zone programme is presently not contributing in any significant way to exports from the country”. The free trade zones earned a paltry $8.3 million in foreign exchange and contributed only N58.4 million annually to government coffers through fees charged by the free export zones and the Nigeria Immigration Service. On job creation, the free trade zones accounted for only 40, 000 out of the 148, 363 jobs created in 2012, just as only 250 companies, at the rate of 10 in each zone, were operational in the free trade zones. It must be stressed that the story of the scheme in A Review of Nigeria’s Free Trade Zone Scheme is not all about underperformance. Despite the dearth of relevant data, the authors established the “existence of a substantial number of Nigerians in top management positions in Free Zone Developers, Free Zone Managers and Free Zone Enterprises”, just as host communities are tapping into the positive sides of the programme. The salutary elevation of Onne, host community of the Oil and Gas Free Zone, from a sleepy fishing village to a semi-urban centre is one of the success stories highlighted in the book. Chapter Five, which contains the authors’ views or recommendations “on some of the theory, the necessary conditions, and the current issues in free trade zone industry”, should stimulate further discussions and more literature on the free trade zone programme in Nigeria. Among other recommendations for streamlining the free trade zones to stimulate the economy is the need to establish a commission, which the authors believe will be in a position to “supervise a large number of free trade zone enclaves”. The authors anchored the entire work on the conviction that the free trade zones scheme will “enhance the economic growth and development (of Nigeria) through the creation of jobs and …benefit from other spillovers of the scheme”. With the current economic woes facing the country, the government should treat the Nigerian trade zones scheme with the seriousness it deserves so that it could consciously accelerate the pace of economic growth and the development of export-oriented manufacturing in the non-oil sector of the economy. Economic indices of the past decade should have told us that reliance on oil is becoming increasingly oldfashioned and suicidal for Nigeria. Agbo wrote from Lagos

NIGERIA: WHY RESTRUCTURING IS INEVITABLE

L

ast week I drew attention to two countries [Yugoslavia and Czechoslovakia] and the instrument they deployed when the challenge of continuity of statehood confronted them. While Czechoslovakia was wise enough to negotiate its unity, Yugoslavia, adamantly, refused to negotiate. The former survived the negotiation without going to war, while the latter went to war with millions of lives lost, before disintegrating into pockets of five and half countries. Let us look at what the World did by putting asunder the power and resilience of the Germans immediately after the end of the Second World War [1945] when the country was split into two and a wall was erected to separate the East from the West. With time however, the Germans got together and decided, after series of negotiations, to achieve that great unification, announced on October 3, 1990. Thus, East and West Germany went out of existence as both integrated back, with five new territorial federal states, to form the formidable Federal Republic of Germany. This was a major restructuring that was negotiated. Nigeria can learn from this. South Sudan’s independence that came just in 2011 remains another subject Nigeria can learn from. It used to be one Sudan, of both North and South dichotomy, with serious ethnic imbalance and religious challenges. There is imbalance in deposit of natural resources, imbalance in population

Godwin Etakibuebu argues the need to restructure the federation

matter and other numerous challenges, just like what we have in Nigeria. For years, the slogan from Khartoum, then capital of Sudan, was that the unity of Sudan was not negotiable until blood started flowing in that country. What the Sudan case has shown, just like many other countries of similar character, is that any issue men refuse to negotiate will “negotiate itself” with unpredictable consequences. Just most recent was the Brexit vote that saw the British people voting their country out of the European Union. It did not matter that the vote was 51% in favour of “exit” and 49% of “remain” in the European Union. The people spoke and every other thing is now history. The first casualty of that negotiation was the prime minister, David Cameron, as a new prime minister in the person of Theresa May has emerged. There is greater implication for Nigeria in the latest development - that is if we are ready to listen and learn. With the “exit” from the European Union confirmed by the British people, the unity of the United Kingdom is now in jeopardy as Scotland is seriously threatening leaving the United Kingdom to re-align with the European Union. Who says such and even worse thing cannot happen in Nigeria? The purpose of this exercise is to tell the Nigerian leadership, and some political eggheads elsewhere in the country, that the unity of Nigeria is negotiable and the right time for that exercise is now. Nigerians, from

all cultural and ethnic background across the 250 ethnic nationalities are agreeing on one common ground, to wit: there are differences, anomalies, contracting and contending issues, working against the continued unity of the country that need to be tackled. Everyone believes that we need each other. Everyone prays that we remain together in one big country. Every Nigerian wants to see this great expectation translating into eternity. Yet every one of us has a point of serious concern over one thing or another that are militating against the realisation of this noble expectation of the continued unity. Hence every Nigerian speaks of restructuring the country. When Nigerians talk of restructuring, they are directly saying, “let us come together to point out further our differences; put them [the differences] on the table and negotiate with them in focus, how we can live together in a harmonised one country”. This is the meaning of the practical call to restructuring and negotiating the unity of the Nigerian nation. If there is any time in Nigeria’s history when the need to negotiate the restructuring of our continuity is more apt, the time is now. There are occurrences of facts that our differences are becoming more glaring on daily basis. And the present administration of Muhammadu Buhari is not helping matters. The dichotomy between South and North is becoming more polarised as appointments are weighing over 70% in

favour of the North. The proper meaning and practise of fiscal federalism has been jettisoned since the military incursion into the Nigerian polity. Thomas Aguiyi Ironsi, the military head of state that emerged after the first military coup, was assassinated, ostensibly because he introduced the Unification Decree No 34 of 1966, an action which highlighted the Northern ruling class fear of “South dominating over the North”. Are we not practising even a more deadly unitary system of government under this so-called democratic dispensation now? What more evidence of unitary system of government than a system where all the states of the federation go to Abuja on monthly basis to beg “for daily bread” – call it bail-out fund or whatever name, just the same way the “Almajri” of the North do with their “God-selected few benefactors”? Every day in our lives, as citizen of this great country, there are deadly issues begging for drastic remedies and whosever makes a peaceful resolution of issues impossible, makes a violent revolution inevitable. Adolf Hitler said in 1925: “When the state becomes machinery of oppression, then rebellion is not only a right of the citizenry but a duty”. Nigeria will never break up but it can only become one big and stronger country only if we accept to negotiate the restructuring. A stich at a time saves nine. Etakibuebu, a veteran journalist, wrote from Lagos


15

T H I S D AY • TUESDAY, AUGUST 9, 2016

EDITORIAL THE KADUNA REPORT ON SHIITES KILLINGS Even with all its lapses, government may do well to implement the report

The Kaduna State Government last week released the full report of the Judicial Commission of Inquiry set up to unravel the immediate and remote causes of the December 12-14, 2015 violent clash between soldiers and members of the Islamic Movement in Nigeria (IMN), in Zaria. We commend Governor Nasir el-Rufai for the transparent manner in which his government has handled the crisis and for releasing the report without delay. The report has confirmed that indeed no fewer than 348 IMN members, also known as Shi’ites, were killed and scores of others injured when soldiers, drawn from the Nigerian Army Depot in Zaria, Kaduna State, unleashed their might on the sect for allegedly attempting to “assassinate” the Chief of Army Staff, Lt.-General Tukur Buratai, who was in the town on official engagements. What is now left is for the federal government to take action, especially since the report blamed it for allowing the army to use excessive force and for not complying with the rules of engagement THE DEMAND OF during the clash. THE SHIITES AND ELInstructively, the report also blamed ZAKZAKY’S FAMILY the leader of IMN, THAT HE AND HIS WIFE Sheik Ibraheem BE AVAILED THE BEST El-Zakzaky, who is presently in “proMEDICAL CARE IS NOT tective custody”, for UNREASONABLE not having absolute control over his members and for not calling them to order when required to do so. In a recent editorial, we raised several questions begging for answers on this tragic incident: Who exactly were these people whose corpses were brought from the army barracks and how did they die, especially in such large numbers? Were the identities of the dead bodies ascertained before they were given a mass burial in a

Letters to the Editor

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

single grave? If they were buried on December 15, 2015 as revealed by the Kaduna State officials, and the clash between the Shiites and the army occurred between December 12 and 14, at what point did these people die? Now that the report of the commission is out, it is evident that there is a gaping hole because answers for many of these questions are still lacking, especially since the Shiites had no voice in the report, having insisted that they would not testify unless granted access to their boss who remains in protective custody. Besides, given the international interest in the matter, we do not believe that the federal government handled the issue very well. We recall that when in January, Governor el-Rufai announced the composition of the commission of inquiry, made up of respectable people in the society, there was a heated argument as to whether their assignment could be successfully completed if the central figure in the crisis was in the protective custody of Department of Security Service (DSS) without the benefit of interaction with some of his followers who were being invited to give testimony. We also argued that national security, which the DSS pleaded for not allowing members of the group have access to El-Zakzaky, was a weak reason for denying the Shiite leader his fundamental rights to fair treatment. That excuse became even more untenable in the light of a haunting photograph published in an online media outlet at the time indicating that the cleric was not in the best of health. While many fine points of the bloody incident are still vague, the Kaduna judicial report is nonetheless useful. But we believe that the demand of the Shiites and El-Zakzaky’s family that he and his wife be availed the best medical care, even if that would necessitate them travelling outside the country, is not unreasonable in the circumstance.

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.

LAGOS, RECORD-KEEPING, CORRUPTION AND GOOD GOVERNANCE

R

ecently, the Lagos State Records and Archives Bureau joined the world to celebrate World Archives Day with the theme: “Corruption and Security Challenges in Nigeria; the Place of Records and Archives”. The theme is a significant pointer to the corruption and security challenges which have, over the years, stunted economic, political and infrastructural development in the country. No concrete development can take place in any nation where corruption and insecurity are the order of the day. Over the years, the resources of our country have been severely pillaged by people who take advantage of the culture of impunity that has been entrenched in the system. The situation has been heightened by a lack of appropriate record keeping mechanism which is a prerequisite for accountability, transparency and productivity. Corruption and insecurity have, no doubt, done huge damage to the image of the country, thus sending wrong signals to foreign investors and others. This has further complicated the economic woes of our country with many multinational companies relocating to other African countries. The recent economic woes that have befallen the country cannot be extricated from the backlog

of assault suffered by the country under various administrations. Despite cries from concerned citizens on the need to diversify the economy, successive administrations in the country merely paid lip service to economic diversification. To complicate matters, earnings from oil were grossly mismanaged with billions of naira squandered on frivolity. This led to eventual draining of the nation’s foreign reserve. One major bane of the country, over time, which actually encourages corruption, is poor record keeping, especially as it concerns critical national issues. According to the World Bank, there is a significant relationship between record management, accountability and good governance. Record keeping is important because records have enduring values: they help to bridge the gap between the past and the future, providing future generations with relevant information to plan and build on. As it is said, information is key and power. It also helps in decision making, especially when made available and accessible, as record keeping and management encourage proactive governance. Lagos State has continued to top the chart in innovative, creative and proactive governance through its lofty ideas, one of which is the creation of the Lagos State Records and Archives

Bureau for better management of Lagos State records for planning, policy process, enhanced service delivery and heritage preservation. This was reiterated by the Lagos State Governor Akinwunmi Ambode, ably represented by the Commissioner for Information and Strategy, Mr. Steve Ayorinde, at this year’s International Archives Day celebration. The state intends to take records and archives to the next level as it plans to fully utilise it for the benefit of the state as record keeping is very important in the progress and development of a mega city like Lagos. As the theme implies, the state government intends to use the programme to promote record keeping, accountability, transparency and good governance. It is also geared towards awakening the consciousness of leaders, institutions and individuals to the importance of information management and record keeping in the smooth running of the society. This will ultimately help in the fight against corruption and insecurity, as it is being done in developed countries where they are equipped with relevant data and record of individuals. The essence is to harness such data and record for appropriate use whenever there is a necessity for such. Often these data are used for crime detection and prevention as well as planning and

projection. The importance of efficient documentation mechanism in the fight against corruption and insecurity cannot be over emphasised. Accurate historical documentation of events, dates and time are not only essential to the judicial process but a necessity for good governance. If justice must be seen to have been served, evidence must be documented and preserved for immediate and future reference. Today, in our country, and this is rather sad, a lot of cases are endlessly adjourned while some are thrown out of court or even aborted for lack of documented evidence which is either lost or inaccessible. As such, cases that should be followed to a conclusive end within a short period end up taking decades in court without justice being delivered. There is no way we can effectively fight crime without an institutionalised system of archives and records. Even technology, which we depend more in modern societies for the tracking of crimes, relies heavily on records. With effective record keeping and documentation machinery, the rot in our judicial system can be curbed as cases would be successfully pursued in the court of law with little or no delay. Temilade Aruya, Ministry of Information and Strategy, Alausa, Lagos


A

WEEKLY PULL-OUT

THE NBA ELECTIONS SPECIAL EDITION

09.08.2016

THE NBA ELECTIONS 2016: HOW NIGERIAN LAWYERS CHOSE THEIR OFFICERS BY E-VOTING

A.B Mahmoud SAN

Augustine Alegeh SAN

J.K Gadzama SAN


2/DASHBOARD

09.08.2016

Multiplicity of Actions Involving the Same Parties and the Same Subject Matter is an Abuse of Court Process PAGE 4

My Agenda for the Bar PAGE 5

NBA Electronic Voting: A Bold Initiative Fraught with Challenges PAGE 6

QUOTABLES 'We will not tolerate senior lawyers undermining the fight against corruption but lawyers whether senior or junior must be allowed to carry out their responsibilities. But we will deal with any lawyer who violates the rules of professional conduct.' – NBA President-elect, Abubakar Balarabe Mahmoud SAN 'The responsibility to obey court orders is one of the absolute minimum requirements of the rule of law, so any organ of government that does not respect court orders is undermining the rule of law. This kind of situation is not acceptable as all agencies of government are required under the constitution to respect the rule of law. They have the right to appeal against a court decision but the appeal is not a reason for disobedience to court orders.' – NBA President-elect, Abubakar Balarabe Mahmoud SAN

Modupe Adio with her father Mr. Seni Adio. Modupe graduated with a degree in law from the University of Sussex in the United Kingdom

COLUMNISTS SANDRA OKE Pearls of Law A pearl is revered for its purity, elegance and beauty. Similarly, Pearls of the law will address an assortment of legal issues ranging from trending matters to matters that will shape our future as lawyers. It will also consider the time-honoured principles and traditions of the law with a view to restoring the purity, elegance and beauty to the

practice of law. Sandra Oke is a graduate of the University of Lagos and obtained her LLM from Queen Mary University London and an MBA from Liverpool John Moores University. She is a Counsel at Norfolk Partners.

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

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


/3

Ajaokuta Steel: Hope Re-kindled

L

ast week budget padding, activities of militants and terrorist and killings by herdsmen took centre stage in the news, all full of doom and gloom as to make one wonder if there was anything positive happening in our country. Yet amongst all these atrocities the Federal Government last Monday 1st August recorded a remarkable feat by all standards as it signed a renegotiated Concession Agreement with Global Steel Holdings Limited (GSHL) both with regards to Ajaokuta Steel Company Limited (ASCL) and the Nigerian Iron Ore Mining Company (NIOMCO). It is common knowledge that there has been a long drawn out dispute over Ajaokuta Steel which started 8 years ago when the agreement between the Government and GSHL was terminated. Now Ajaokuta Steel will revert to the Federal Government fully, while its sister company, NIOMCO would be retained by GSHL but with Ajaokuta plant gaining priority access to its iron ore. A study of the history of ASCL shows how long we have known of the large quantity of iron ore deposits we have in this country. In 1967 the development of our steel industry was considered to be such an integral part of our process of industrialisation that the Government commissioned experts from the Soviet Union (as was) to carry out research on the iron ore deposits in the country. Thereafter the Nigerian Steel Development Authority was established in 1971. Subsequently on 18th September 1979 ASCL was established as an integrated iron and steel complex with the task of constructing and operating an integrated iron and steel plant at. The steel complex was planned to be commissioned in three phases. The first phase was designed with an output of 1.3 million tonnes of liquid steel per annum, with the second and third phases planned to increase output to 2.6 and 5.2 million tonnes per annum respectively. However, the good intentions envisaged by the setting up of ASCL have not reaped the dividends invested in it. The dispute which culminated in last Monday’s signing of the re-negotiated Concession Agreement started on 29th October 2007 when the government set up the Administrative Panel of Enquiry into the operations of ASCL, the

Ajaokuta Steel Company

National Iron Ore Mining Company and also Delta Steel Company. The then Minister of Mines and Steel Development, Alhaji Sarafa Tunji Ishola appointed and inaugurated a panel chaired by Mallam Magaji Inuwa and its mandate amongst others was to examine the Concession Agreements and share Sale and Purchase Agreements between Global Infrastructure Holdings Limited(GIHL) and the Federal Government (FGN) and to recommend measures to be taken by the FGN to actualise the objectives of Nigeria to be a leading steel producer in Africa. The panel recommended the immediate termination of the Concession Agreements of ASCL and NIOMCO with GSHL by the FGN as they felt the agreements had largely failed to meet the purposes for which they were contemplated and that they were not in the overall interest of the nation. Furthermore, in December 2009 the Ministry of Mines and Steel Development went into an agreement with Reprom Company Nigeria Limited to carry out a technical audit of ASCL while Koch Nigeria Limited carried out same on NIOMCO to ascertain the status of the plants and undertake their valuation. In 2010, I was a member of the Presidential Projects Assessment Committee (PPAC) that thoroughly assessed and made recommendations on Federal government projects and one defining factor I noticed during the course of working on the Committee was the surprisingly high number of contracts signed by government in which the country’s interest was not jealously protected. Indeed, more often than not the contracts appeared to be skewed in the interest of the other party. It would appear on the face of it that these contracts when signed are not intended to be abided by and therefore can be easily terminated. I have heard of a foreign entity taking out insurance over a contract it was entering into with the Nigerian Government in the event of change of policy or government or force majeur. Another reason why this settlement over ASCL is particularly timely is because a well-known international journal, Australian Mining has reported that iron ore is the best performing solid mineral of the year, making great gains in value year-on-year of some 40% and up to 60% above recent historically low prices. We therefore have every reason to drive wholeheartedly for the resuscitation

of ASCL in all it is ramifications it is a win-win situation for all parties concerned. Generally, mediation comes before arbitration but interestingly in this instance the settlement process started with arbitration and thereafter the parties switched to mediation which took four years under the auspices of an independent mediator in London, Mr. Phillip Howell-Richardson. The Federal Government team was led by the Minister of Solid Minerals Development, Dr Kayode Fayemi, whose ministry is responsible for the steel sector in conjunction with the Ministry of Justice, while the GSHL team was led by its Chairman Mr. Pramod Mittal. With the receipt by President Muhammadu Buhari of the reports of the mediation from the Ministry of Justice he gave approval for the execution of the modified concession agreement with GSHL. This led to the signing of the Modified Concession Agreement for the Nigerian Iron Ore Mining Company (NIOMCO) which was held at a short ceremony presided over by the Vice President, Prof. Yemi Osinbajo SAN, in his office at the Villa last week Monday. The Minister of Solid Minerals Development, Dr. Kayode Fayemi, signed on behalf of the government, while Chairman of GSHL, Pramod Mittal signed on behalf of the company. In attendance were the Minister of State for Solid Minerals Development, Hon. Abubakar Bwari, the Independent Mediator, Mr Phillip Howell-Richardson, Mr. Divyesh Mittal, Sandra Kucinskaite legal adviser to GSHL, Mr. Augustine Alegeh SAN legal adviser to GSHL in Nigeria, Mr. Olawale Fapohunda, Mr. Tunde Ogowewo, top officials of the Ministries of Justice and Solid Minerals Development and a number of others involved in the transaction including my good self all witnessed the signing ceremony. In negotiating the settlement, the Federal Government was able to have its concession fee with NIOMCO increased from 3% of turnover to 4% whilst GSHL further agreed to waive all its rights to damages for any breach by the government in the ASCL and the NIOMCO Concession Agreements. Also noteworthy is that the Renewal of the NIOMCO concession is no longer automatic as was the case with the previous Agreement, but rather it will now be based upon

MAY AGBAMUCHE-MBU

LEGAL EAGLE may.mbu@thisdaylive.com ‘satisfactory performance’. The Supply of iron ore to ASCL has also been guaranteed and made a topmost priority Speaking at the signing event, Prof Osinbajo SAN hailed the mediation process that led to the resolution of the problems that have made it impossible for the two national assets to be functional for years. He noted that ‘It is one of the cases of failures. It is a tragedy of immense proportion that we have both Ajaokuta Steel Complex and NIOMCO and couldn’t get anything out of them for years’. The Vice President further added that making the entities work was a top priority of the administration and urged GSHL to keep to the various timelines in the agreement in the spirit of mediation; That it was important the concession worked so that Ajaokuta can take off too’. Dr. Fayemi in his remarks said stated that ‘it is our expectation that we would accomplish two things, bring NIOMCO to full function and start the process of taking back Ajaokuta and then give it to a new operator. With this, we will move from being just a mineral nation to a mining nation. Once the first phase of the agreement is accomplished, it is the intention of the FGN to quickly move into accomplishing the objectives of concessioning the Ajaokuta Steel Plant to the most competent operator who meets the requirements of credible track record, technical capacity and financial competence’. Dr. Fayemi further noted that ‘overall, we are confident that this landmark settlement is a pointer to what to expect in the Government’s determination to fix the Nigerian mining sector. This is one of the key milestones in the Road Map for the growth and development of the Nigerian mining sector. The GSHL Chairman, Pramod Mittal, in his brief remarks said his ‘organisation was committed to the objectives of the agreement and guaranteed supply to Ajaokuta plant and Delta Steel Company, after which it would sell what is left to other interested parties’. He assured the government of its readiness to commence operation soon, adding that in the next two years Nigeria would begin to produce steel. It is an often used maxim that mistakes are repeated until lessons are learnt. The Ajaokuta Steel saga constituted one such dreadful mistake. The loss of industrial growth, business, income and massive job opportunities has, for so many years, been a most painful one for us as a country to have to endure. Now that the mistakes have been corrected and lessons duly learnt, there can be no turning back with regards to Ajaokuta Steel’s focused and overdue development. What is more, with the same effort and enthusiasm I believe a good number of Federal Government contracts could be equally beneficially reviewed. Finally, with this settlement, the steel sub sector is on the way to being revitalised and some day we can confidently say that we are indeed on the road to the development and diversification of the solid minerals sector according to the plans of the President Muhammadu Buhari administration.


4/LAW REPORT

09.08.2016

Multiplicity of Actions Involving the Same Parties and the Same Subject Matter is an Abuse of Court Process

I

t is settled law that instituting multiple actions, which involve the same parties and the same subject matter amounts to an abuse of process of the Court, and the Court has a duty to stop such abuse. In the instant appeal, the Supreme Court in dismissing the Appeal, held that the filing of Suit No: W/181/2000, which was based on the same facts and same reliefs in Suit No. W/61/2000 amounted to re-litigation and an abuse of court process.

FACTS The Appellant as Plaintiff in the High Court of Benin State (the “trial court”) took out a Writ of Summons against the Respondent as Defendant. The Appellant claimed the sum of 20,000,000.00 being damages, suffered for breach of the Respondent’s promise to marry the Appellant and an order of Court compelling the Defendant to complete all the marriage arrangements he was alleged to have commenced with her parents/relations. The Respondent in objection filed an application seeking to dismiss the suit in its entirety on the grounds that the suit was an abuse of Court process and the Appellant was estopped from re-litigating having purported to have waived her rights to the claim in a previous suit against the Defendant. He based his argument on the fact that the Appellant had previously filed Suit No W/61/2002 at the Trial Court before filing Suit No W/181/2000 (the present suit). Suit No W/61/2002 was however discontinued based on an agreement between the Appellant and Respondent. In the said agreement, the Respondent promised to furnish the Appellant’s house with a given number of amenities if the Appellant promised to discontinue the Suit. The management of Overseas Agency Nigeria Limited (O.A.N.) in which the Respondent is the Managing Director furnished the Appellant’s house and the Appellant subsequently discontinued Suit No. W/61/2002 The Trial Court in its ruling dismissed the Respondent’s application on the basis that mere discontinuance without more cannot estop the party that discontinues from re-litigating on the same subject matter of the suit. The Trial Court further held that if the parties had filed terms of settlement upon which Suit W/61/2000 was struck out, the rule of estoppel would have applied, because that would have shown that the acceptance of the terms exhibited, is in settlement of Suit No. W/61/2000 The Appellant being dissatisfied with the ruling of the Trial Court, appealed against it at the Court of Appeal, Benin Judicial Division (the “Court of Appeal”). The Court of Appeal in allowing the appeal held in favour of the Respondent and held that the Appellant was estopped from litigating on the subject matter of the suit. Dissatisfied with the decision of the Court of Appeal, the Appellant appealed to the Supreme Court. The Appellant in its brief of argument formulated four issues for determination; (i.) Is it right for the Court of Appeal to decide the issue of the incompetence or otherwise of the Appellant’s NOTICE OF VARY on findings that are obviously incorrect and/or points that were raised without hearing from the Appellant, the said finding being also a fresh issue in respect of which leave was not obtained by the Respondent in the Lower Court. (ii.) (ii) Is it right for the Court of Appeal to: (a) decide the issue of estoppel by relying on the statement of defence and affidavit(s) and exhibits attached thereto when these processes clearly showed that the Defendant at the Trial Court i.e Respondent herein neither authorised nor consented to the purported settlement between the management of O.A.N. overseas Agency (Nigeria) Limited and the Plaintiff (Appellant herein) which company was not even a party to the Suit at the Trial court under circumstances in which the Defendant clearly dissociated/distanced himself from any such move to settle the matter in the Trial Court between himself and the Plaintiff i.e Appellant herein? (b) When the Court or Appeal decided the points of law said to be raised by the Defendant in proceedings in lieu of demurrer by relying on the statement of defence and affidavits. (iii.) (iii.) Is it right for the Court of Appeal to decide a matter between parties by itself raising a point suo motu making findings thereon and using these findings to give a decision that is decidedly against one of the parties to a case and in this case at the time when reducing the judgment into writing and without hearing from him? (iv.) Is it right for the Court of Appeal to try and give judgment on a matter which is hinged on procedure in lieu of demurrer by relying on evidence in this case the affidavit together with exhibits? The Respondent on his own part submitted the following three issues for determination: i) To affirm whether the decisions of the learned judges of the Court of appeal were right when they held that estoppel was established upon the un-contradicted affidavit evidence before the trial Court. ii) (ii.) To affirm whether the decision of the learned judges were right when they held that the Respondent’s Notice to vary dated the 6th February 2002 incompetent. iii) (iii.) To affirm that the decisions of the learned judges were right when they held that the trial judge misapplied the law when she said: “for the principle of estoppel to apply, it must

suit against the Respondent. He relied on Section 151 of the Evidence Act, 1990 now Section 169 of the Evidence Act 2011 which states that where one person has done an act and has intentionally caused another person to believe a thing, he nor his representative will be allowed to deny the truth of that thing. He further submitted that since the Respondent’s affidavit in support of its application to dismiss Suit No. W/181/2000 was unchallenged, the Appellant was estopped from filing the present suit and as such this appeal should be dismissed. He relied on OMOREGBE v LAWANI (1980) 3A1/2 4 SC. P.108. On the Respondent’s issue three, the Appellant contended that the Court of appeal was wrong to consider the issue of incompetence of the Respondent’s Notice to Vary on findings that are incorrect and made suo motu, without hearing the Appellant. He submitted that this course of action taken by the Court of Appeal is a violation of the Rule of fair hearing. In response the Respondent submitted that the Notice to vary was incompetent as the Appellant who was the Respondent at the lower Court filed Respondent’s Notice out of time.

O. Rhodes-Vivour, JSC

In The Supreme Court of Nigeria Holden at Abuja On the 22nd Day ofJaruary, 2016 Before Their Lordships Walter Samuel Nkanu Onnoghen Bode Rhodes-Vivour Mary Ukaego Peter-Odili Olukayode Ariwoola Musa Dattijo Muhammad Justices, Supreme Court SC.156/2005 Between Elizabeth Mabamije. ............ Appellant And Hans Wolfgang Otto ...... Respondent Judgment Delivered By Olabode Rhodes-Vivour, JSC be clear and certain from the transaction that the parties have entered into definite and distinct terms which has the purpose of leading one of the parties to suppose that the strict right arising under the relationship will not be enforced, and that if there is no definite term that a right will be waived by virtue of certain consideration the fact that such certain consideration arise to give rise to estoppel will be a matter to be decided upon by evidence.” After examining all the issues formulated by parties for consideration in the appeal, the Court held that the live issue is “whether estoppel was established upon the un-contradicted affidavit evidence before the Court?” On the Appellant’s Issue two (b), the Appellant submitted that the Court of Appeal was wrong to have decided the matter before it since the matter hinges on proceedings in lieu of demurrer and the statement of defence of the Respondent who was the Appellant at the Court of Appeal should not have been looked into or been considered. The Respondent failed to respond to the Appellant’s submission. On the Respondent’s Issue two, the Appellant submitted that O.A.N. was not a party to the suit and so there was no legal relationship between O.A.N and the Appellant. He further submitted that the affidavit in support of the Respondent’s application to dismiss Suit No: W/181/2000 was not deposed to by any staff of O.A.N, it was not authorised and that it violates Section 86, 87, 88 and 89 of the Evidence Act 1990. He relied on the following cases: ABALOGU v S.P.D.C LTD (2003) 13NWLR (Pt.837) p.308, A.G LAGOS STATE v PURIFICATION TECH NIG LTD (2003) 16NWLR (Pt.845) p.1. He thereafter urged the Supreme Court to resolve the issue in favour of the Appellant since estoppel does not arise. In response, the Respondent stated that the Appellant’s condition to withdraw Suit No. W/61/2000 was complied with. He further stated that the Appellant upon being satisfied with the fulfillment of her condition filed a notice of discontinuance in Suit No. W/61/2000. He thereafter submitted that the filing of the present suit which is based on the same facts and reliefs with Suit No. W/61/2000 is an abuse of court process and based on this, the Appellant is estopped from bringing the present

THE COURT’S RATIONALE AND JUDGMENT The Court decided to resolve the Appellant’s Issue 2(b) and the Respondent’s Issue 1 and 2 together. The Supreme Court stated that in order to consider these three issues together, the provisions of Order 24 Rules 2 and 3 of the Bendel State High Court (Civil Procedure) Rules 1988 applicable to Edo State, under which the Appellant brought his application in the lower court must be examined. The said order states that either party in a suit is entitled to raise any point of law in his pleadings, and when this is done the court or judge may dispose of it, at or after the trial. It further states that if the parties agree or the court or judge orders on application of either party, the point of law may be set down for hearing and disposed of at any time before trial. There after, the Court while relying on the case of TORIOLA v WILLIAMS 1982 7SC P.27, MOBIL v F.B.I.R, stated that where the words in a statute are clear, they should be given their ordinary meaning, without any embellishments. Based on the aforementioned, The Supreme Court held that when the application to set down points of law raised in the Respondent’s Statement of Defence was served on the Appellant, along with the supporting affidavits stating the grounds relied on by the Respondent, the Appellant had the opportunity to controvert the facts averred and deposed to, but did nothing. In view of this the Court held that estoppel was clearly established upon the un-contradicted affidavit evidence. On issue two, the Supreme Court whilst relying on the case of AKINSETE v AKINDUTIRE (1966) 1 ANLR p.147 stated that where an affidavit is filed, deposing to certain material facts and the other party does not file a counter-affidavit to dispute the facts, the facts deposed to in the affidavit would be deemed unchallenged and undisputed. The Court further stated that the unchallenged affidavit evidence reveals that if the Appellant’s house was furnished by the Respondent to her satisfaction she would have withdrawn Suit No: W/61/2000. Thereafter, the Court held that the filing of the Notice of discontinuance in Suit No: W/61/2000 is indicative of the material fact that the Appellant was satisfied after the Respondent complied by furnishing her house. The Court further held that estoppel had been clearly established upon the un-contradicted affidavit evidence before the Court. In view of these findings the Court resolved this issue in favour of the Respondent, and upheld the decision of the Court of Appeal to dismiss the appeal as estoppel was established upon the un-contradicted affidavit evidence before the Court as Equity would not allow the Appellant to be compensated twice. On issue three, the Court stated that the appeal being an interlocutory appeal, the Respondent had 15days after receipt of the Notice of Appeal (“NOA”) to serve his Respondent’s Notice on the Appellant. The Court further stated that the NOA was filed three months out of time and since no leave was sought to extend time to regularise the said NOA, the said NOA remains incompetent, in the absence of an order of court regularising it. On whether the findings on the Respondent’s Notice were made suo motu by the Court of Appeal, the Court held that the issue raised by the Appellant in his reply brief (the incompetence of Respondent’s Notice) which the Respondent did not bother to respond to in Court is not an issue raised suo motu. The Court thereafter held that the Respondent denied himself the right to fair hearing by not responding to the Appellant’s submission on the issue and that consequently, the Respondent’s Notice to vary was not raised suo motu. The Supreme Court dismissed the appeal and upheld the Judgment of the Lower Court and ordered that the parties shall bear their costs. APPEARANCE For the Appellant: A. Haruna with him, A. V. Oluboyo. J.S Agada and P. Attah For the Respondent: M.N.O Olopade with him, C. Ajaegbu Reported by Afun Adenike Adedolapo, Aluko & Oyebode, Lagos.


09.08.2016

/5

My Agenda for the Bar Press Statement by the President-Elect of the Nigerian Bar Association Abubakar Balarabe Mahmoud (SAN) at a Press Conference Held on Wednesday August 3rd, 2016

T

Introduction

he President of the NBA, other national officers here present, gentlemen and ladies of the media, ladies and gentlemen. I welcome you to this media conference. As you are aware, the NBA has just had its 2016 elections, following which I emerged as the President-Elect of the NBA. I will remain ever grateful to the Bar for the repose of confidence in me at such a time as this, and I shall never betray this confidence. The purpose of this media event is to mark my formal presentation to the world and also to address certain topical national issues, which require the input or position of the NBA. As a strategic professional body, part of our responsibility is to speak and act in the public interest. This statement is divided into two parts. Part A covers some perspectives on the state of the Bar, while part B deals with the state of the nation. A. THE STATE OF THE BAR 1. NBA President as the Principal Spokesperson of the Bar The NBA Constitution provides that the President of the NBA is the principal spokesperson of the Bar. This means that in addition to leading the Bar, the NBA President speaks on behalf of the Bar whenever the need arises. And there is only one NBA President at a time. Although the NBA has just conducted its elections, the President-elect does not speak for the Bar nor assume presidential responsibility until he is sworn in at the last day of the NBA Annual General Conference in August. For now I remain a President-Elect. To this end, Mr. Augustine Alegeh, SAN remains the Principal spokesperson of the NBA, and all questions relating to the Bar should be directed to him. 2. 2016 NBA Election I must congratulate the NBA President, Augustine Alegeh, SAN for the innovative reforms he introduced into the NBA electoral process, especially in respect of the universal suffrage and e-voting. When the idea of e-voting was first mooted, it seemed unachievable. But as the saying goes, it always seems impossible until it is done. I commend the NBA Electoral Committee for organising free, fair and credible elections. I want to use this medium to appeal to our members who participated actively in the elections but who lost to avoid any form of bitterness and divisive rhetoric. We are all winners. Let us work together to build a brave new Bar. 3. The New NBA House in Abuja The NBA is the largest professional body not only in Nigeria but also in Africa and south of the Sahara with a database of over 90, 000 lawyers, 114 branches spread across the 36 states and the FCT, Abuja. It also has Practice Sections and Institutes. The NBA deserves a magnificent office structure in the Federal Capital Territory. I commend Mr. Augustine Alegeh, SAN for keeping faith with the philosophy of this gigantic edifice. This he achieved even in the face of daunting challenges. This has demonstrated continuity of policies in governance and leadership of Nigerian Bar Association. My debt of gratitude goes to those who have played various roles in ensuring a speedy completion of this project and ensuring that commissioning is imminent. It is my fervent hope and prayer that we would all witness the commissioning of the NBA House soonest on the 12th of August, 2016 as scheduled by the outgoing administration. 4. My Agenda For the Bar I began my campaign by presenting to you, an agenda, which encapsulates my vision and mission statements, with a view to enlisting your support to create one of the best Bar Associations in the world. While my vision is that of a brave

new Bar, driven by the knowledge and skills of its members, as a veritable agent for national transformation, my mission statement speaks to the issues relating to regulation, representation, re-engineering and public interest. To deliver on the transformation agenda, I need not only an effective and efficient structure, but also the support and cooperation of all our members, including those who, for some good reasons did not support my candidature. I will publish my implementation roadmap upon inauguration. B. STATE OF THE NATION 1. The Legislative and Justice Sector Reform Our campaign organisation, notes with grave concern that the justice sector in Nigeria has been neglected for so long. This neglect, no doubt, stems from lack of appreciation of the very important role the justice sector plays in the society. We are worried that so much effort has been put into the reform of the justice sector but we are yet to see the concrete impact of such initiatives. There have been so many talk shops, a plethora of recommendations and promises but the state of the sector is on the decline. The present state of affairs, in which other sectors are given more attention than the justice sector ought to be reversed. We must begin to give the sector the attention it deserves. The slow pace in legislative activities is also a clog in the wheel of progress in the justice sector. By its law making powers, the National Assembly has the potential to turn the lives of the people around. We enumerate below some Justice Sector Bills that have remained unattended to for some years, and which stand the risk of starting a new legislative round because of the inability of the Legislature to pass them. Some of the Bills threatened with abandonment include, but are not limited to the following: • Administration of Justice Commission Bill; to ensure effective supervision and coordination of the administration of justice by all the relevant organs. • Bill to Amend the Legal Practitioners’ Act, to improve the standard of legal practice by, among other things, introducing continuing legal education requirements for practitioners and strong regulation. • Prison Act (Amendment) Bill, to provide a more appropriate legal framework for prisons administration and the treatment of offenders, consistent with constitutional and international standards, as well as to make the prisons more corrective institutions. • Police (Amendment) Bill, to introduce fundamental changes in the mission and operations of the police and improve its effectiveness in providing security services to communities. • Legal Education Act Amendment Bill, to provide a legal frame work to ensure that the legal education regime responds to current needs of the law students, the legal profession and the wider society. We call on the leadership and relevant committees of the National Assembly to expedite legislative action with a view to passing the above mentioned justice sector bills into law. 2. Anti-Corruption Crusade Corruption is a canker worm that impedes economic development, cripples the ability of developing countries like Nigeria to attract foreign investment, and hinders the growth of institutions that consolidate democracy. Development can only thrive in an environment where the incidence of corruption is very minimal. While the NBA commends the current efforts to fight corruption, we note that the present legal and institutional framework which is in place for the anti-corruption crusade is defective in structure and substance. The current anti-corruption crusade seems to be much more focused on fighting corruption after it has occurred, but not much attention is paid to preventive measures with a view to minimising the incidence of corruption. To successfully and substantially reduce or eradicate corruption, the legal framework, systems

and initiatives for investigation and prosecution, education against corruption and above all prevention must equally be robust and effective. The current system is not sufficiently robust to prevent corruption within the public service system. To combat corruption, a combination of strong laws and the presence of effective and efficient anti-corruption agencies is required, but this is not all that is required, particularly when corruption has become endemic as is our situation. It is a fact that most, if not all acts of corruption involve ethical breaches. If this is so, then a strong and effective ethical framework is important for success. We call on the Federal Government of Nigeria to initiate measures that seek to prevent corruption from occurring, in addition to the fight after corruption has occurred. The NBA under my watch will set up an Anti-Corruption Commission charged with the responsibility to (i) identify all those involved in the unwholesome and indeed criminal practice of judicial corruption, (ii) investigate same and refer the outcome to the relevant anti-corruption law enforcement agencies for prosecution, and any other action they may deem fit to take in conjunction with the CJN. 3. National Security. Security of lives and property has become a permanent topic on the front burner of our national discourse. Security of lives and government is constitutionally the fundamental objective of governance. The new faces of crimes like kidnapping, terrorism, insurgency, cybercrime and incessant clashes between Fulani herdsmen and farmers, etc in recent times have led to monumental loss of lives and properties of Nigerians. The need to manage conflict including its preventions shall draw the attention of this administration. While we commend the efforts of the Federal Government in tackling the security challenges which we are facing us Nigerians, we urge the government to spare no efforts at ensuring peace, security, law and order in Nigeria. We must again reiterate that the NBA will continue to support security measures taken by the Federal Government subject however, to the security agencies abiding by their rules of engagement, which will ensure respect for the fundamental rights of the citizens concerned and compliance with the rule of law. 4. Ease of Doing Business in Nigeria The Business environment in Nigeria and many African countries is characterised by informality, predatory behavior and stifling, obsolete or completely-absent business regulations, which discourage investors. According to the “Doing Business Report”, the most common areas that require attention are as follows: • Starting a business • Securing credit • Securing construction permits • Property registration • Paying tax • Enforcing Contracts • Resolving insolvency. We strongly recommend the following measures in order to encourage the inflow of foreign direct investment: • Enactment of investment friendly legislations • Putting in place good tax policies • Promoting transparency, accountability and probity in governance • Ensuring that citizens account for their actions and inactions • Diversifying from a mono-economy into a broad economy • Investing in education to raise literacy level. • Research, publication and implementation of a legislative agenda on Ease of Doing Business. 5. Independence of The Judiciary and The Challenge of Funding The Judiciary is one of the three arms of government in a democratic society like Nigeria. There is therefore, the need to observe the principles of separation of powers. Accordingly, the independence of the Judiciary must be guaranteed and secured. To secure the

Abubakar Balarabe Mahmoud SAN

independence of the Judiciary, it must enjoy true financial autonomy, and a full self-accounting status. The funds of the Judiciary should be released to it as soon as same is approved in the budgets of the Federal and State governments. The personal emoluments of judicial officers, together with their other conditions of service, should be enhanced. An independent Judiciary is important for preserving the rule of law, another principle of good governance. An independent and self-accounting Judiciary is inevitable in ensuring good governance, rule of law, and economic development. As things stand at the moment, the Judiciary is starved of funding and is not self-funding. According to a former CJN, Justice Mariam Aloma Mukhtar, “over the years, funding of the courts has remained a challenge as evidenced in the condition of many courts in Nigeria today. Statistics has shown that funding from the Federal Government has witnessed a steady decline since 2010….” One of the immediate tasks that our administration will be embarking upon is to inaugurate a committee that will take stock of the finances of the courts both states and federal. It is gratifying to note, that sometime in the not too distant past, the Federal High Court sitting in both Lagos and Abuja, in two different suits upheld the financial independence of the Judiciary in a case brought against the Attorney General of the Federation and Minister of Justice, the National Judicial Council and the National Assembly. We hereby call on the Federal Government of Nigeria to obey the order of the Court in both cases. The NBA reiterates that Government must recognise that it is only the existence of a virile, fearless and a well-funded independent Judiciary that can guarantee an enduring democratic government, and the maintenance of law and order. It must be recognised that a good Legal regime in Nigeria will provide the enabling environment for foreign investments, economic growth and social development. We call on the Federal Government of Nigeria to review upwards, the funds allocated to the Judiciary and to restore the fiscal autonomy of the Judiciary, which the court and the Constitution have conferred on the Judiciary. We believe that adequate funding for the judiciary will entrench a functional Judiciary. 6. Rule of Law and the Challenge of Impunity We are worried, not only about the increasing failure of some Nigerians to abide by the requirements of rule of law in their actions, but also we are concerned with the high level of impunity among a reasonable number of Nigerians. The Rule of Law is the only mechanism so far devised to provide impartial control of the use of power by the State. This single sentence is sufficient to explain why the Rule of Law is pre-eminently the best available system for organising civil society. An independent, impartial Judiciary, presumption of innocence; the right to a fair and public trial, without undue delay; a rational, proportionate and appropriate punishment, a strong and independent legal profession; equality of all before the law; these

CONTINUED ON PAGE 6


6/

09.08.2016

NBA Electronic Voting: A Bold Initiative Fraught with Challenges Tobi Soniyi

L

ast Sunday's Nigerian Bar Association Election was a radical departure from what obtained in the past. In the past, elections were based on delegates voting but this last election was based on universal suffrage. All lawyers who paid their practicising fees as at when due were qualified to vote. Was the election a success? It depends on who you speak to. Achieving universal suffrage was in itself a success but the execution was not there yet. While the winner of the election, Abubakar Balarabe Mahmoud SAN was 'completely satisfied with the election his main challenger, Joe Kayri-Gadzama SAN was far from satisfied. The later has consequently called for the cancellation of the election. In his reaction to the call by Gadzama for the election to be cancelled, the President-elect noted that: "The election was keenly contested. It was unique because ICT was used. We are completely satisfied with the credibility of the election. The election was free and fair and was observed by independent bodies. He added that there are "no reasons to call for cancellation. We are happy to work with Gadzama and every lawyer. We are calling on Gadzama to accept the results in good faith. The deployment of technology is inevitable. Bringing all lawyers under one roof to vote is almost impossible. We are all winners in the election. One person has to be president." In calling for the cancellation of the election, the Gadzama Campaign Organisation stated: "We hereby reject the results of the elections and call for the immediate cancellation of same for failing to be credible, transparent, free and fair and for failing to comply with the provisions of the NBA Constitution and the Electoral guidelines. "We also call for the conduct of fresh elections (and not internet) elections that will be credible, transparent, free and fair and in compliance with the provisions of the NBA Constitution and the electoral guidelines." The Gadzama campaign organization further stated that it had reviewed the situation and circumstances before and during the election and found that collation was done in secrecy and that it took over one hour twenty minutes before the results were released. It also accused the NBA President, Augustine Alegeh, SAN of partisanship and of working with the electoral committee to produce Abubakar Balarabe Mahmoud as the winner. Before the election commenced the Gadzama Campaign Organisation submitted a protest letter to the Electoral Committee Chairman, Mr. Kenneth Mozia (SAN), where it made reference to its earlier letters on the election “expressing grave and growing concerns about the NBA National elections." The letter explained: "We are constrained to write again in view of the fact that some of these concerns were either completely ignored or inadequately addressed. “We refer specifically to our previous letters of the 24th June, 15th July and 20th July 2016. All of these letters and their various attachments were received by the Nigerian Bar Association as shown by their endorsements. “We wish to now draw your attention to some very important concerns. Our agents have been in the NBA National Secretariat for the past 40 hours. All they have monitored in all those 40 hours is nothing more than the names of those voting and the branches from which they voted. We do not think this is meaningful at all." Immediately the result of the election was declared a

key supporter of Gadzama, Mr. T. T. Hyundu stated that: “Gentlemen, it has been discovered that the NBA EXCO fraudulently created a portal for A. B. Mahmoud where the result is collated separately from the original portal.” Hyundu who is also the Assistant Secretary of Arewa Lawyers Forum (ALF) further stated that: “Furthermore, there are additional names added to the branches e. g. 200 names were added to Abuja branch just to enable them have their way. I now understand the basis of our opponents. But the Mahmoud camp quickly retorted, with Jibrin Okutepa (SAN) responding as follows "Mr. Hyundu, I don’t think giving your propensity to make wild and unsubstantiated allegations. I will be bothered about what you post. But having invited me and the fact that I am a stakeholder in this project of the Bar, I am forced to react thus: That your allegation of manipulation of the voters Register with over 200 members to favour one candidate against your preferred candidate must be proved by you and you need to supply sufficient particulars. “Two, your assertion that the NBA President allowed presidential candidates and indeed other candidates to have experts represent them at the secretariat which I confirmed to be correct is in sharp contrast with the allegation in litigation sponsored by your preferred candidate that the president did not allow experts to represent candidates. “For me, giving the level of your propensity to make allegations and requesting your audience to investigate, I wouldn’t be carried away to attach any credibility to this one as the allegations are coming from person whose interest in this election is not strictly overall interest of the Bar but personal interest. For me you are a senior member of the Bar of post call of 26 years that needs to be sure of what you post on this forum.” "I don’t believe you and even the conference you intend to hold on behalf of your sponsor is intended to discredit the process as alibi to create confusion to

be instigated by your sponsor. After all whatever a fowl cannot eat it has got the power to scatter and destroy it. But I plead with you to think twice before spreading your allegations which may be counterproductive. In a protest letter delivered by the J-K Gadzama Campaign Organisation to the Electoral Committee Chairman, Mr. Kenneth Mozia (SAN), the group recalled its earlier letters on the election “expressing grave and growing concerns about the NBA National elections. "We are constrained to write again in view of the fact that some of these concerns were either completely ignored or inadequately addressed. “We refer specifically to our previous letters of the 24th June, 15th July and 20th July 2016. All of these letters and their various attachments were received by the Nigerian Bar Association as shown by their endorsements. “We wish to now draw your attention to some very important concerns. Our agents have been in the NBA National Secretariat for the past 40 hours. All they have monitored in all those 40 hours is nothing more than the names of those voting and the branches from which they voted. We do not think this is meaningful at all", the group said. Before Gadzama campaign organisation's allegations of lack of transparency is dismissed, the handling of the election by the electoral committee was far from impressive and gave room for suspicion. The collation was poorly executed while the mischief which the universal suffrage was meant to cure: transparency and full participation by all qualified lawyers were almost sacrificed due to the inadequacies observed in the process. Above all, the electoral committee performed poorly in communication. All this notwithstanding, the NBA deserves commendation for the bold step. Gadzama and others dissatisfied by this first attempt should seek solace in the fact that they may in the near future be the beneficiaries of this mode of voting. Like, A.B. Mahmoud asserted: all lawyers are winners if only for the introduction of electronic voting.

MY AGENDA FOR THE BAR CONTINUED FROM PAGE 5 are all fundamental principles of the Rule of Law. The NBA shall put mechanisms in place with a view to monitoring and flagging acts of impunity that fly in the face of the rule of law. We shall demand that government should address cases of infractions and also hold those responsible for such violations accountable irrespective of their status in the society. 7. The Judiciary and Various Reform Efforts. We are worried about the delay or snail`s pace at which the Federal government is approaching the issue of judicial reforms. Despite the diverse investment of time, financial and human resources in judicial reforms, result-oriented steps have not been taken to pass the recommendations into law. The latest effort relates to the report of the Stakeholders’ Committee, which was a committee set up by a former Chief Justice of Nigeria, Honourable Justice Dahiru Musdapher, GCON. His Lordship

had on the 4th of October, 2011, set up a 28-person Committee on legal and judicial reforms. It is important to note that the report of the said Stakeholders’ Committee on Judicial Reforms gave rise to the drafting of the 5th Alteration Bill, 2012 as it relates to the Judicature. The Fifth Alteration Bill, which has been presented to the National Assembly, seeks further amendment to some sections of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) on Judicial Reforms. It is envisaged that when the Fifth Alteration Bill is passed into law, it will strengthen the Judiciary and address most of the fundamental challenges being faced at present. The Bar believes that the passage of the Fifth Alteration Bill and the implementation of past recommendations mentioned above will go a long way in strengthening the Judiciary and enhancing its role as the last hope of the common man and driver of the tenets of democracy, rule of law, and economic development

We therefore call on the National Assembly to take speedy legislative steps as a matter of urgency to pass the said Fifth Alteration Bill into law. Conclusion I wish to reiterate, that we shall run our administration on the core values of integrity and ethical Lawyering. Every Lawyer in Nigeria shall be subjected to ethical scrutiny and all those who have integrity deficits shall be exposed and brought to justice. We shall not condone a situation where the unprofessional attitudes of some of our members will contaminate our noble profession. Nigerian Lawyers have voted for a brave new bar and it shall no longer be business as usual but it will now be business unusual. Thank you and God bless. Abubakar Balarabe Mahmoud OON, SAN, FCIArb (UK) President-Elect NBA.


09.08.2016

/7

A Brave New Way to #Abravenewbar: How A.B. Mahmoud Emerged As NBA President Chidi Anselm Odinkalu “There is no reason why the (Nigerian) Bar should spend four days in organising elections in which there are fewer than 2,000 voters…. Returning credibility to our Bar requires that this situation be reformed urgently. To do so, the NBA must set a target for leadership selection based on universal suffrage by 2016.” Chidi Anselm Odinkalu, (9 August 2012)

T

hese words contained in an article published on 9 August 2012 articulated the case for reform of the processes for leadership succession at the Nigerian Bar. Four years later, on 1 August 2016 and for the first time in a quarter of a century, the Nigerian Bar Association (NBA), concluded its leadership elections based on universal suffrage. Far from the fulfilment of a prophecy, the recently concluded NBA election was a belated effort by the Association to update its governance and institutional processes. It was long overdue. At the end of the voting this time, Abubabakar Balarabe Mahmoud, a Senior Advocate of Nigeria (SAN) and former Chair of the Kano Branch of the Association whose campaign platform offered “A Brave New Bar”, emerged winner, polling 3,055 votes to defeat Joseph Kyari Gadzama, also a Senior Advocate and former Chair of the Abuja Branch of the Association, who polled 2,384 votes. For the position of General-Secretary, Abiola Olagunju of the Ibadan Bar polled 2,721 votes to beat off the challenge of another ex-chair of the Abuja Bar, Desmond Yamah, who polled 2,510 votes. Five of the 13 positions available, including the three Vice-President positions, had single candidates who were returned un-opposed. The position of Publicity Secretary of the Association did not have any eligible candidate and would be filled at a later date. The contest this time was different in many ways. It marked the return of universal suffrage at the Bar. The NBA achieved this by amending its constitution in 2015 to abolish the delegate electoral system. This was also the first time that the NBA would be deploying remote voting through an online platform. The demographics of the NBA had changed in the two and a half decades since Port Harcourt. The economic power still lay with the senior lawyers but the votes were with the young lawyers. The voting electorate was dispersed in118 branches of the Bar across what appeared to be an uneven footprint of both density and bandwidth. All of this created ample room for conspiracy theorists. Ahead of the vote, one of the camps involved in the presidential contest sued to restrain the NBA from organising the election, asking the Court to order the Association to revert to the old voting system. Less than 24 hours before the voting was to proceed, the Federal High Court threw out the case and paved the way for a historic ballot. How this denouement came about is a story that bears telling and review. Comparative Metrics As always, the contest for the NBA Presidency was manifestly the most competitive. In all, it attracted 5,439 votes, 208 votes more than the 5,231 cast in the contest for the position of General Secretary. Unlike past elections since the turn of the Millennium which were restricted strictly to selected delegates, the right to vote this time was open to any lawyer who had paid their Bar Practising Fees and branch dues by the eligible date of 31 March 2016. According to official figures issued by the NBA, a total of 24,305 persons fulfilled

Chairman NBA Election Committee, Kenneth Mozia SAN

this requirement. Of this number, 47.92% or 11,646 actually updated their records on the voting platform, enabling them to participate in the ballot. Of the number that updated their records, 59.52% or 6,932 were accredited to vote. The 5,439 votes cast represented a turnout of 22.38% of the eligible electorate; 46.7% of those with updated records or 78.46% of the accredited voters. From the field of just two candidates this time, the winning candidate secured 56.17% of the votes cast. By contrast, the last time the NBA ran a leadership contest two years ago in 2014, there were 1,453 votes in all, a mere 60.95% of the votes tallied by the losing candidate in the Presidential race this time. Augustine Alegeh, a Senior Advocate and outgoing President of the NBA, emerged with 691 votes or 47.56% from a field of five candidates beating out another Senior Advocate, Dele Adesina, who scored 370 votes or 25.46%. The number of voters in the end was 22.37% of the 24,305 lawyers who were notionally qualified to vote. With this turn out, many would argue that the attrition rate – that is the number or proportion of eligible voters who did not participate - appeared substantial. There were many reasons for this. There is still significant digital illiteracy at the Bar. Voter education could have been improved with more time. Trial and testing of the voting platform solution could have been enhanced. The navigation experience on the voting platform itself could similarly be improved. Reflecting a Nigerian tendency, data management at the NBA is far from optimal. The interposition of validation and accreditation stages before voting meant that only the most passionate activists were ever going to vote. When all these factors are accounted for, it is evident that for an online voting platform making its debut, the participation rate was encouraging. There clearly are challenges that the Bar would need to address as it faces up to a future of data-driven, digital governance. Old Politics, New Campaigning It should have been obvious that the introduction of One-Lawyer-One-Vote (OLOV) with a technology driven solution would have a far reaching effect on the campaigns. Indeed, less than two months before the election, Threemedia.com in an article published in June 2016 predicted

that “social media will determine who wins the NBA’s 2016 election.” This may have been self-evident to the cognoscenti of new media but at the Bar until that point, it was retail politics as usual. The delegate system of election at the NBA which existed until now encouraged expensive retail politics. Winning votes lay in the hands of branch delegates who revelled in their status as electoral brides and bled candidates for money, hotel bills and sundry predilections. Candidates spent money and time courting endorsements from all over the country, seeking the support of ethnic and tribal lobbies and mobilising funds from politicians interested in installing leadership of the NBA. This made the elections into offices at the NBA increasingly exorbitant, unaffordable and prone to capture by politically exposed persons (PEPs). Reflecting this reality, one senior politician in 2014 claimed that “NBA is too powerful to be allowed to decide its leadership all by itself.” By introducing OLOV backed by a technology solution, the NBA addressed three problems. First, it sought to recapture the independence of the elective process from external, political influence. Second, the new system sought to reduce cost. Third, the system also aimed to achieve more efficient and transparent management of leadership transition in the NBA. The immediate effect was to re-locate the politics of the NBA from retail to wholesale campaigning. The logistics and costs of outreaching all 118 branches of the NBA in person were mammoth. In an ideal world, a candidate could short circuit that with a smart, data-driven, campaign intelligently spiced with carefully selected campaign stops in locations designed to reflect the diversity of the NBA. In practice, the dynamics of the campaign made this difficult. The J.K. Gadzama campaign, with what appeared to be the support of the incumbent Governor of Bauchi State who is himself a very senior lawyer and also the Chairman of the Arewa (Northern) Lawyers Forum, claimed a block endorsement of all the branches of the NBA in the 19 States of northern Nigeria. The Secretary of Arewa Lawyers, himself, also currently the Attorney-General of Jigawa State, disputed this. This split in the Arewa Lawyers triggered a race for the votes of each and every branch in the north and, ultimately, around the country.

It dictated that both presidential candidates had to visit all 118 branches. An escalation of cost was inevitable. While the visits to the branch network grew enthusiasm and escalated cost, it did not necessarily reach the right voters. As the branch network campaigns advanced, it became evident that necessary work on threshold eligibility for voting had been missed and many lawyers lacked the digital skills and literacy to participate effectively in voting. The campaigns had to re-tool and take to social media. WhatsApp groups and clusters emerged touting candidates and their selling points. The campaigns began to improve their web platforms. Twitter feeds and Facebook groups joined in and campaign slogans were reduced to hashtags. Young lawyers took the NBA elections digital and in time even viral. The JK Gadzama campaign initially branded itself with the pay-off line #JKIsOK. But as campaigning wore on, it faced attacks on two fronts, one branding and the other with his antecedents. On social media, many ridiculed the line “JK is OK” with the riposte #OKIsNOtGoodEnough. His previous association with former ruling party, the People’s Democratic Party (PDP) also became a major focus of attack. As the campaigns evolved, digital images began circulating questioning whether a person with deep partisan past was a suitable leader for the Bar at this time. Both lines of attack appeared to resonate on social media. AB Mahmoud promised #ABraveNewBar. It would be accurate to say that JK Gadzama’s campaign had an earlier start and had made progress with its retail campaigning game before AB Mahmoud fully tooled up. The frog-jump strategy of Mahmoud’s campaign required a skillful melding of both digital and retail politics. On the social media front, the AB Mahmoud campaign proved much more adept and in tune with the times. A one-minute campaign video produced and digitally distributed by AB Mahmoud in the last month of the campaign recorded over 140,000 hits in its first fortnight, a daily average of over 10,000 hits. A senior lawyer, Ayisha Osori, quipped that this was “a brave new way to #ABraveNewBar.” Changed Demographics The last effort by the Association to organise a leadership transition based on universal suffrage in August 1991, in Port Harcourt, Rivers State, broke down in mutual recriminations, “acrimony and sleights of hand” and put the NBA in coma for nearly a decade. At that time, there were fewer than 20,000 lawyers on the Roll of lawyers in Nigeria, most of whom were male. The politics of the NBA was largely testosterone-driven. At the return of universal suffrage in 2016, the number of lawyers on the Roll had increased by over 500% to about 100,000. 25 years ago, the NBA could bring every intending voter to one place. In 2016, the demographics of the NBA had changed vastly. No space in Nigeria can contain the number of lawyers who may wish to vote. The introduction of digital voting reflects this reality. This favoured younger lawyers who have the mastery of digital skills, the interest to use it and the energy to make friends with it. It also meant that candidates could not run an entirely androgynous campaign. Campaign messaging had to address interest groups too: young lawyers; female lawyers; rural lawyers; the commercial bar. In the changed landscape forced by the new system, the traditional raucousness of the NBA’s politics would prove a poor match for a surgically focused campaign that targets the major demographics of the Bar with suitable messaging. In this again,

CONTINUED ON PAGE 13


8/COVER

09.08.2016

The NBA Elections 2016: How Nigerian Lawyers Chose their Officers By e-Voting The Nigerian Bar Association, one of Nigeria’s longest standing and foremost professional associations elected its national officers last week through a rather innovative and pioneering system, which made it possible for all accredited members to cast their ballots online from any location across the globe. Jude Igbanoi who monitored the elections reports.

A.B Mahmoud SAN

T

he Nigerian Bar Association, one of Nigeria’s longest standing and foremost professional associations elected its national officers last week through a rather innovative and pioneering system, which made it possible for all accredited members to cast their ballots online from any location across the globe. Jude Igbanoi who monitored the elections reports. For the first time in over two decades, Nigerian lawyers, irrespective of age at the Bar, branch, sex or status had a rare privilege to participate in the elections to choose the national officers to lead the Association for the next two years. For years there had been agitations by young lawyers seeking to be given an opportunity to vote in the elections for national officers. That opportunity came through a campaign promise made by Mr. Augustine Alegeh SAN in 2014 during his campaign for office of president. This promise was fulfilled last week when the Alegeh led administration conducted an election of universal suffrage which did not only afford all Nigerian lawyers an opportunity to vote, but did so via the internet. As with any other election in Nigeria, this

J-K Gadzama SAN

election which saw Mr. A.B Mahmoud SAN emerge as president has come with its fair share of challenges as one of the candidates for the office of president, Chief J-K Gadzama SAN has filed a suit to challenge the outcome of the election, alleging fraud, bias, the unreliability of the electronic system of voting and noncompliance with the NBA constitution and Electoral Guidelines. He is asking for an outright cancelation of the election or a re-run. The NBA has since set up a high-powered Dispute Resolution Committee to look into all complaints and petitions arising from the just concluded elections. The committee which is headed by immediate past president Mr. Okey Wali SAN has as its Secretary Ms. Toyin Bashorun. The committee’s terms of reference include:• To resolve all appeals arising from the elections within 60 days as stipulated by Section 16 of the NBA Constitution 2015. • To consider materials brought before it and rely on oral evidence of witnesses. • To ensure that decisions of the committee are communicated in writing to all parties in the appeal within a reasonable time. It could be recalled that Mr. Gadzama SAN had accused Mr. Alegeh SAN of openly announcing his preference for Mahmoud’s candidacy. This the NBA president denied,

recounting how he had tried his best to ensure that both Gadzama and Mahmoud reached an accord months before the election. When the Arewa Lawyers Forum, the umbrella body of lawyers of northern extraction could not reach a consensus as to which of the two candidates to adopt, Alegeh waded in and offered to mediate between the two disputants. Alegeh told THISDAY LAWYER “I called Gadzama and Mahmoud and organised a meeting of all the chairmen of the branches in the entire North, with a view to resolving the impasse and agreeing on a candidate. For convenience of venue and to suit Gadzama I suggested Abuja as venue of the meeting. But Gadzama, whose home branch is Abuja refused. He insisted that the meeting should hold in Dutse, Jigawa State which is nearer Mahmoud’s home base. According to him, he wanted to use the opportunity to campaign in Mahmoud’s territory.” “Mahmoud agreed to this arrangement and venue as suggested by Gadzama. Both of them arrived in Dutse as agreed and all the chairmen of all the branches in the North were present. Mahmoud said ‘Look, I told my wife as I was coming for this meeting that whatever outcome, I will accept it and move ahead with my life.’ Gadzama

agreed to be bound by the outcome of the meeting. Out of my personal resources I paid for transportation, accommodation of all the branch chairmen to attend the Dutse meeting and all was set.” “To our greatest surprise and consternation, Gadzama suddenly pulled out of the meeting, just a few minutes before deliberations and voting. No reasons were given and everyone felt slighted. He came all the way from Abuja to attend the meeting, subjected himself to jurisdiction, only to announce that he was no longer ready at the last minute.” “It was at that point I washed off my hands and asked all candidates to go ahead with their campaigns and let Nigerian lawyers pick their choice without adoption of any candidate.” The campaigns were tough, tortuous and rancorous. Each candidate traversed the length and breadth of the 116 branches of the Association, which culminated in the election by Nigerian lawyers, with A.B. Mahmoud SAN emerging as winner at the end of polling on Sunday July 31, 2016. As the Gadzama Campaign Organisation continues with its litigation in court, these are the reactions THISDAY LAWYER got exclusively from Nigerian lawyers about the elections.


09.08.2016 Dr. Olisa Agbakoba SAN – former NBA President “I read the Press Statement of the Gadzama Campaign Organisation with great concern. The Campaign Organisation alleges electoral malpractices and calls for fresh elections. I cannot confirm whether there were electoral malpractices but I like to make it clear that virtually every election of the Nigerian Bar Association has been criticised as unfair. Nonetheless, I do not recall any case where a statement such as issued by the Gadzama Campaign Organisation, calling for the cancellation of the election and the holding of fresh ones, has ever been made. As a former President of the Nigerian Bar Association, I urge the Gadzama Campaign Organisation to take the election results in good faith. It will not be in our interest to create challenges for our Association. The newly introduced voting system may have had challenges, but it was an innovative easy voting procedure. I understand the reaction of the Campaign Organisation. However, it is important to protect the integrity of the NBA. At this stage, what we need as an Association is unity. I appeal to the Gadzama Campaign Organisation to accept the election results in good faith and accept A. B. Mahmoud SAN, as our new President.” “As the process unfolded, these colleagues went from healthy scepticism to a healthy respect. The process was cumbersome but effective and where we ran into any hitches, the helpline dealt with the complaints efficiently and quickly too. We have a WhatsApp group for the lawyers in our firm and in order to check voter apathy, we agreed to inform the group as we voted. I can confirm that every single one of us voted successfully at different times over the weekend. Naturally, there is always room for improvement and my suggestion is to streamline and simplify the process even further.” O.C.J. Okocha SAN – former NBA President “My overall impression about the recently concluded elections is that the elections were free and fair, and that the results thereof have been well received by a majority of those who participated. I personally participated in the elections, and the process was relatively seamless. I duly followed the stipulated procedures, from registration to accreditation, and then on to voting, and all went well. I even received notification that I had voted. The only apparent downside is that the results indicated that less than six thousand persons actually voted in the elections. This may be attributed to the fact that, that was the actual number of persons who correctly followed the stipulated procedures. Lawyers are known not to take the time and trouble to follow stipulated procedures which they consider to be tedious, even without trying out such procedures. The lessons have now been learnt, and it is my hope that our great Association can now be moved forward to the next higher level. I commend the Committee that organised the Elections, and all those who participated in the epoch making process. To God be the glory.” Mrs. Stella Ugboma – former President FIDA International “I must congratulate President Alegeh for a job well done. It was not perfect, there were hitches here and there but at the end of the day we achieved our purpose of selecting our officers without travelling to Abuja or wherever, without incurring hotel and other expenses and also without compromising ourselves. To crown it all we achieved universal suffrage! I wish to appeal to all contestants who lost to sheath their swords and accept the results. Better luck next time.” Mrs. Boma Ozobia – Immediate past President, Commonwealth Lawyers Association “The initial reaction from many of my colleagues in my practice was scepticism. In fact, one young lawyer declared, ‘It is not possible in Nigeria’. I knew it was possible and that the technology to conduct an election via e-voting was widely available and had been in use in other jurisdictions

COVER/9 for years. As a member of the Law Society of England and Wales, I had personally participated in e-voting successfully for the first time as far back as fifteen years ago. Imagine the technological advances in the intervening years.” Alhaji Jam Jam – former Katsina Attorney-General and Commissioner for Justice “The elections were very well conducted by ECNBA. As with all new things there were some teething problems, which will hopefully be resolved by the next elections on 2018. The e-voting system, which allowed members to vote from the comfort of their homes, offices and vacation spots all over the world has received commendation from a very wide section of our members. The fact that the election results were also independently verified by INEC is another commendable and noteworthy point. Lawyers are very happy with the elections. I am not aware that there is any challenge of the election results in Court. It is doubtful that there would be a legal challenge as that is not what is expected of aspiring Bar leaders. In the NBA elections we are all winners. Those whose aspirations were not actualised now must realise that all elevation comes from God and should accept the electoral loss with dignity. We believe that the e-voting system which we deployed is so good that INEC should consider adopting same for future national elections. The elections have been acclaimed by the NBA members as having been free, fair and transparent. The security measures embedded in the e-voting system made it clear to all that the system was secure and transparent. All candidates participated fully in the process with agents representing them. The NBA Constitution provides a dispute resolution mechanism and in the very unlikely event that any candidate is dissatisfied with the election outcome such candidate has to exhaust the dispute resolution mechanism provided in the NBA Constitution before he can resort to court litigation. I believe that the decision of the Dispute Resolution Committee headed by Past President, Okey Wali SAN would be acceptable to any such candidate. It is important to stress that the NBA elections are not do or die affairs. The NBA is a family of learned and noble gentlemen and women where issues are always amicably resolved.” Mr. Ibrahim Mark – former NBA General Secretary “The elections have come and gone and winners have emerged through the system as provided in the constitution of the NBA. It is a novelty in the sense that electronic voting took place for the first time in the annals of the history of the NBA. It gave opportunity for qualified persons to cast their vote for a candidate of their choice provided that they must have paid their Bar practice fees and Branch dues as at when due, updated their records and gone through accreditation. Incidentally as a new process it will have some hiccups but with continuous use it will be perfected with fewer rigors. One good thing was that you could vote from anywhere and anytime with your phone, laptop or any gadget to the like effect. Ostensibly there was low voter turnout because we have 24,000 lawyers that qualified to vote having paid their Bar practice fees, 11,000 updated their profile, 6000 did accreditation and 5600 or thereabout voted. People pay their Bar practice fees not to vote but to practice and are less concerned about the politics of leadership of the Bar.” We had a decent election, free and fair and worthy to be commended. The products of the elections truly represent the will and wish of the voting Bar members. The elections are over and I will say we are all winners. The Bar has won and it is incumbent on all lawyers to rally round the officers elected to progressively move the Bar forward. We must restore the confidence of the people in the legal profession. The Judiciary must be assisted

to achieve just ideals in all its ramifications. For our colleagues that are in court or planning to go to court in respect of the elections my advice is for them to sheath their sword and those already in court to withdraw their cases. It is an ill wind that blows no good air. We may have imperfect conditions but the interest of the Bar soars high and over the interest of any member of the Bar. We must take heed not to allow those who do not wish the Bar well to creep in with their devilish and evil intentions. The election season is a two-year affair and if you do not get it now you can get it later. The President elect tried and lost it in 2004 but has won in 2016 that is 12 years later after the first attempt. We have so much catching up to do with the skills required for modern legal practice. Let us do more in making Nigerian lawyers compliant comparable and able to compete on the world stage. It will do us more good than recriminations over election results.” Ms. Rotola Williams – Lagos based legal practitioner “I think the electronic elections were a good idea in principle and though they are supposed to help counter fraud a lot of people who were entitled to vote could not vote. They had paid all dues registered accordingly and we're still not electronically registered. In other words what should have been a step forward in principle turned out to be three steps backward. As usual though we have missed the point. The lawyers challenging the vote are challenging on the ground that there is no provision for electronic voting. I think on that basis he ought to lose. Innovation is a good thing and people should not be allowed to impede progress. However if he was challenging on the basis that a lot of people were disenfranchised despite paying all dues and doing all that is necessary to be on the voters’ register then I think he has a better chance of success in challenging the process. Even in America the manual vote is still used for a reason and now I understand why. I made an effort to respond because I personally know people in this position. The branch associations are aware and did absolutely nothing. Some tried to rectify the situation but there was no response at the federal level. Others are aware, but went ahead anyway without doing anything to formally complain about the situation. I feel the system is therefore even more open to corruption as people can now disenfranchise political opponents and hide under the guise of electronic error or computer glitch. I hope you have a great day and thanks for listening.” Mr. Martins Ogunleye – Chairman, Lagos Branch “Let me first congratulate the NBA for taking a bold step towards achieving seamless transition in leadership which is a biennial ritual for the association. The introduction of the concept of e-voting by Section 9(4) of the NBA constitution is one of the factors that give hope of a brighter future for the association. Having said that, I must say that the conduct of the 2016 elections itself fell far short of the standard expected by many members of the association, including known proponents of e-voting and champions of Universal suffrage. Perhaps, the ECNBA underestimated the challenge it would face in delivering credible elections; perhaps also the IT consultants who handled the e-voting platform also underestimated the challenge before them. At the NBA NEC meeting in Benin earlier in June, several questions and apprehension about the new system were raised but these concerns were brushed aside by the leadership of the association as well as the IT consultants. I believe that the elections were robbed of some of its credibility by reason of the problems that beleaguered the entire process, and these problems were quite fundamental to my mind. Article 2.3 (d) of the Second Schedule to the NBA constitution 2015 compelled the ECNBA to publish list of qualified voters no less

CONTINUED ON PAGE 10

Dr. Olisa Agbakoba SAN

Mr. O.C.J Okocha SAN

Mrs. Stella Ugboma

Mrs. Boma Ozobia

Alhaji Jam Jam


10/COVER

09.08.2016

THE NBA ELECTIONS 2016: HOW NIGERIAN LAWYERS CHOSE THEIR OFFICERS BY E-VOTING

Mr. Ibrahim Mark

than 28 days to the polls. In reality, as late as 24 hours to the polls, the voters’ list was neither fully published nor could anyone ascertain the final number of voters. Even the ECNBA as late as 5 days to the polls was still seeking help from branch chairmen to vet/edit the list of voters from their branches. Our experience in Lagos branch was that we sent 5000 names of our members qualified to vote to the ECNBA in May but no less than 500 of those names went missing from the final list. The situation was so chaotic that in the 10 days preceding the polls, my telephone lines never stopped ringing, it was a galore of complaints. Even as late as on the eve of the polls we were still trying to get the names of many of our members into the final list of voters through no fault of ours (as we had sent the names earlier). Now I was bothered that despite these challenges, the ECNBA yielded to pressure to go ahead with the polls. The statistics released by the ECNBA revealed that 24,305 lawyers were eligible to vote, 11,646 actually verified their voting status whilst a paltry 6,932 were accredited to vote. Only 5439 ended up voting. These figures are a nightmare to proponents of Universal suffrage and may also be an indication that the majority of lawyers are either disillusioned with their association or were unwittingly disenfranchised. One cannot but also notice that a particular candidate at the polls had a different name ascribed to her on the list of candidates and yet another on the ballot on election day. Some of these fundamentals ought to be addressed and going forward must be avoided. I must concede that new innovations usually take some time to settle well with users, however I also believe that the insistence of the ECNBA to go ahead with the polls rather than postpone same as some stakeholders had suggested did not help matters. I am not unaware that there may be litigation arising from this election and I would urge that the ECNBA do a bit more to dispel the angst in some quarters about the transparency of the system. One thing the ECNBA could do is to print out the ballots at the polls for a manual count by agents of the candidates. This would rest all allegations of bias against it.” Mr. Chidi Onyuike – former Chairman NBA Onitsha Branch “There is just no doubt that Austin Alegeh SAN, our outgoing president has made an indelible statement in the history of the NBA, nay Nigeria. The innovation, was almost 95 per cent successful. I am certain it can only get better praying our in-coming president will further perfect the act. The process brought sanity, minimised the former huge expenses heaped on aspirants. In future it will ensure better participation of our otherwise tepid colleagues who just sit down to criticise ...perpetual sceptics. Per the issue of testing the process in Court, you can only expect that; what are we after all? Lawyers. But I dare say that losers are bound to protest. It has always happened, even with the delegate elections as was the case before. Remember Emeka Ngige SAN v Okey Wali SAN. The former cried to high heavens that he was rigged out when it was analog head count, how much more this e-voting? This process that brought out

Ms. Rotola Williams

CONTINUED FROM PAGE 9

Mr. Martins Ogunleye

Mr. Luka Haruna

Mr. Lawal Hudu Garba

our new set of leaders was transparent. The only clog was the initial problem of updates and accreditation of voters but I guess it is expected. It was all geared to ensure that the process was secure and not infiltrated. More of our members will now get interested. The problem with our assessment of ourselves is that we tend to underestimate or overestimate our popularity. Take AB Mahmoud for instance; the moment he stepped out I knew he was going to win. He is the kind of lawyer that will appeal to a mix of conservative and progressive lawyers. He was not noisy, boastful, nor dichotomised either by religion, geography or otherwise. More than anything the process was saner and it helped. Remain fit my dear friend.”

and we should continue to applaud them for breaking the ceiling. The NBA has raised the stake in our electoral system with the introduction of the electronic system of voting. However, there could be some challenges witnessed from the process of the election, especially as to the none display of results as the votes trickle in from the electronic system to be seen by agents of both candidates. That is not enough for anyone to undermine the process and the outcome of the election. There must be room for improvement in due course. There can never be a 100% perfect election in any system except an election conducted by God Almighty.”

Mr. Luka Haruna – former Chairman, NBA Gombe Branch “The elections of the NBA have just been concluded and winners have emerged from the process that begun about a year ago. I must quickly say that it is a timehallowed universal principle that whoever embarks and submits himself to a project of contesting elections, certainly knows deeply that there must be a winner and a looser in the end! The declared results have produced Mr. Abukakar Balarabe Mahmoud SAN as the new President of the Bar and others as members of the Exco. As such, they will have the onerous duty and mandate of leading us for the next two years. I therefore wish to congratulate them for this achievement, but most importantly I pray that God will grant them the wherewithal to actualise the covenant they have entered with the Nigerian Lawyers. However, I enjoin chief J-K Gadzama SAN, a grass-root mobiliser and one of the leading voices at the Bar and his teaming supporters to take pride and solace in the fact that they have put up a gallant fight and struggle in an attempt to win the Presidency of the Bar. I know it could be a painful and stressful experience but that is the rough and tumble of every election. Even though, I did not vote nor campaigned for Mahmoud SAN, he will now be my President and leader of the Bar. The unity and oneness of the Bar is stronger than any of our personal interests. As lawyers, we must lead by example and chart a way for other Associations to follow. The Alegeh SAN led Exco have performed and discharged their mandate to the Bar

Lawal Hudu Garba – NBA Birnin Kebbi Branch “From the outset, J. K. Gadzama SAN had an upper hand to beat his adversary, A. B. Mahmoud SAN in the NBA Presidential race. Whereas Mr. Gadzama was a devout member of the Arewa Lawyers Forum, Mahmoud was a dormant member. While he was an active member of the Nigerian Bar Association who was visible in all its activities, Mahmoud was rarely seen participating in its activities. Therefore, Mr. Gadzama had all it takes to beat Mahmoud in the race. However, some factors had played against him and as a result he could not beat Mahmoud. To my mind, Gadzama met his waterloo for the following reasons:He was so overbearing to the extent that he wrongly used officials of the Arewa Lawyers Forum, when the governor of Bauchi, His Excellency Barr. Abubakar, the Chairman of the forum and a personal friend of Gadzama called a hoax general meeting of the forum in Bauchi. But before the arrival of most of the Forum’s members, the governor had changed the timing of the meeting. Many members including myself reached Bauchi after the meeting. With few members in attendance he purportedly constituted a selection/screening committee, which he mandated to choose and recommend one candidate- between Gadzama and Mahmoud- for the endorsement of the Forum. It later became obvious that the committee was working for Gadzama and instead of dissolving the committee, it was allowed to carry out its nefarious activity. Later on we were called late for another hoax meeting in Kaduna with the sole agenda of imposing Gadzama

Mr. Chidi Onyuike

on Arewa as its consensus candidate. I among others had vehemently opposed this imposition. Consequently, Gadzama could not be endorsed on that day. However, the following day, the Gadzama team went on air announcing that their candidate Gadzama was endorsed by the Forum. To make it worse, the governor along with some officials of the Forum went ahead to issue a communiqué to that effect. This action did not go down well with the rest of the members. Instead of mounting an aggressive or rigorous campaign, the Gadzama team was busy soliciting for cheap endorsements from branches and fora. For instance, the team had issued a report maliciously claiming that Gadzama was endorsed by my branch, Birnin Kebbi. We were confronted with this unholy attribution and were able to rebut it at the polls. Instead of addressing issues, the Gadzama campaign organisation resorted to a negative campaign where they smeared the personality of his opponent. However, this had to a greater extent elicited sympathy for A. B. Mahmoud. Mr. Gadzama instead of appealing to voters’ conscience, devoted most of his energy to eliciting voters’ sentiments. For instance, in my presence in Enugu while attending the Quarterly Eastern Bar Forum, Gadzama when addressing the Christian-Igbo/Niger Delta members of the NBA, busied himself telling them that being a Christian himself; he was their brother in faith indirectly implying that the other candidate was their foe, a Muslim. While doing that he was not mindful the negative impact that this would have on the minds of Muslim lawyers all over the country. Gadzama displayed an air of arrogance, while his opponent was an epitome of humility. Instead of displaying intelligence on his understanding of the issues confronting the NBA, he resorted to prejudiced and parochial rumblings. On the other hand, Mahmoud was insightful in his thoughts and articulate in his presentations. Gadzama’s campaign manifesto seemed to be a fantasy, hence unrealisable. On the other hand, Mahmoud’s campaign promises seemed to be genuine and implementable. Gadzama’s team seemed to run an incoherent campaign as he was inconsistent in his promises and actions. His affiliation with President Goodluck in the past and his unrepentant support of the PDP had negatively impacted on his campaign. And above all, Gadzama experienced a character crises. Many voters doubted his honesty and integrity to lead the Bar at a moment where corruption has bedevilled the nation. To my mind these were the factors that scuttled Gadzama’s chances to win the 2016 NBA Presidential race. To this end, it is my humble view that instead of him wasting his precious time challenging the electioneering process, it would be better for him to carryout a self-assessment of his conducts and actions throughout the electioneering process with a view to making an amendment and in order to forge ahead. Perhaps, age is still on his side? Therefore, there is yet another chance for him to lead the Bar in future. But let this election be a lesson to him. ‘A stitch in time saves nine.’”


09.08.2016

/11

The NBA 2016 Elections: Matters Arising Manni Ochugboju

T

he manifesto of “A Brave New Bar” died at birth. As the grim mournful dirge tolls, its ghost is still hauntingly fluttering around. It shall necessarily, and inevitably, be judicially exorcised. Out of the ensuing catharsis, thunder and ashes of litigation, will arise, like a phoenix, an “Innovative, Vibrant and Inclusive Bar.” Election is a democratised process, not an event. When the process is allegedly flawed or falsified the resulting outcome will be untenable. The introduction of universal suffrage and electronic voting by the current NBA leadership would have been a marvellous modernisation of the process of electing the leaders of the Bar. Unfortunately, the programme has an inbuilt glitch, a particular strand of deoxyribonucleic acid, conveying archaic genetic information of oligarchy, inequity, and induced inertia or blindness. That the symbol of justice is blindfolded does not mean the NBA should conduct its election blinkered. The NBA Constitution prescribes “e-voting”, that must have its voters’ register published 28 days before the election. It is standard practice that votes cast should be verifiable, collated or counted. And that the process of collating must be transparent, with interested stakeholders present during counting. Oh yes, all that is common sense, isn’t it? But, it was not so with the last NBA national officers’ election. No voters’ register was published within the stipulated time, or at all. Indeed, the Election Committee of the NBA (ECNBA) kept moving the goal post of deadlines, including the date of the election. Even when the voting started on 30th July 2016, the supposed voters’ register was still being compiled or validated, but never published. By mid night 30th July 2016, we the representatives of the candidates, were admitted into the NBA National Secretariat Election Monitoring Room. The Chairman of the ECNBA, Mr Ken Mozia SAN welcomed us. The President of the NBA Mr Austin Alegeh SAN was in attendance. We all introduced ourselves. I announced myself as representing Chief Joe Kyari Gadzama SAN, one of the two Presidential aspirants. To our utter chagrin, the entire purpose of Election Monitoring, immediately turned out to be mystifying. We were referred to an e-voting Platform Screen, like a 52 inch flat screen TV, that merely displayed the names of voters and their Bar branch, as they cast their vote through Internet enabled devices, from anywhere. Initially the screen showed the last twenty voters only. Later the displayed numbers were reduced to ten to make it bold and more legible. The screen did not collate the number of votes accruing to any candidate. Mr. Ken Mozia SAN tried to rationalise the arrangement. He said it was for security reasons. That showing the votes of candidates would lead to agitation. The NBA

J.K Gadzama SAN

Secretariat may be bombed, or stormed by those not happy with a trend of voting, etc. Ken said it was also to prevent horse-trading, and abuse of process. That if a given candidate is losing by say 500 votes, they could easily fall for the gimmick or tempting offer to procure 1,000 votes that may or may not be available by gratification. Even when the Chief JK Gadzama’s Campaign Organisation presented a letter of protest, yet again to ECNBA, the next day, stating that refusing agents access to seeing the votes cast for their candidate is substantial non-compliance with free and fair election rules. Mr. Ken Mozia SAN, with due respect, remained intransigent. The Agents for Mr. Abubakar Balarabe Mahoud SAN, the other presidential aspirant, clearly had no such worries. They did not protest being refused access to view the collation of votes. Mr Austin Alegeh declared on national television that he has a preferred candidate. That having led the Bar for two years, he would be lying if he does not have a vested “interest” in the outcome. And that he has particular schemes in place, and wants a successor that can continue with those projects (including the proposed multi billion Naira National NBA Secretariat). He repeated that assertion to us many times at the Monitoring Room during the voting exercise. The refusal of the ECNBA to allow Polling Agents, independent observers like the Microsoft, National Democratic Institute, NGOs, the Press and others, to effectively monitor the collation of results is unacceptable. It has created more problems than good. It was not a

teething problem. It was in all cases avoidable. The Independent National Electoral Commission (INEC) group of four that they brought to legitimise the electoral process did not utter a word about the refusal to allow for proper monitoring and collective collation of votes. The matters arising include allegations of selective disenfranchisement of JK Gadzama’s supporters. The NBA Records show, that of over 120, 000 Nigerian lawyers, only 24, 305 were declared “eligible to vote.” And, 11,646 were said to be “validated.” While, only a mere 6,932 were “Accredited Voters.” The vast majority of the areas where there is complaint of disenfranchisement are where JK Gadzama’s avowed supporters are situated. However, the ECNBA would be quick to blame the disenfranchised for remaining analogue as opposed to going digital. The Grace Infotech Ltd trading as Law Pavilion that provided the technical platform for the internet voting, are in an oligopolistic business relationship with NBA. As NBA members are their biggest customers is it not susceptible to abuse of dominant position? Their conduct before and during the election raises many perturbing questions. The ECNBA Chairman Ken Mozia SAN told us the Microsoft conglomerate and the National Democratic Institute of America would be vetting and monitoring the voting and collation exercise. That was encouraging. When in the end, only a group of four INEC members were brought into the NBA Secretariat, it was suspicious and disappointing. It seems, Mr Ken Mozia (a truly likable big wig)

squandered a veritable opportunity to remedy the ensuing contention. As the NBA national election was reaching its climax, Mr. A.B. Mahmoud SAN entered the Secretariat. It is evident he knew the outcome of the election even before it was declared. Immediately after the election results were read out, and Mr. Mahmoud was proclaimed the winner of the presidential race, he entered the crowded Monitoring Room. And delivered his acceptance speech. Mr Mahmoud is said to have polled 3,055 votes, while Chief Gadzama was said to have polled 2,384 votes, out of the 24,305 eligible voters. That is the statistics of Mr Alegeh’s universal suffrage, which seems to reveal so much, and yet conceals the vital. Finally, there are increasing calls for the NBA 2016 National Officers election to be set aside, and fresh elections conducted, or invariably be judicially reviewed. Chief JK Gadzama SAN has so declared already. The whole election process, the authorising constitution, Law Pavilion’s palaver, refusal to publish list of accredited voters, refusal to allow Polling Agents to monitor votes cast real time, refusal to monitor vote collation of each and every vote cast, etc., must be subjected to forensic scrutiny. There will be many questions for determination. A fundamental one is whether the brazen refusal to allow transparency, especially when collating votes is a negation of the principles of free, fair and credible elections. Res Ipsa Loquito. I had a ringside view of the NBA election melodrama. It is, beyond any reasonable doubt, unacceptable. The report was written by Mr. Manni Ochugboju


12/

09.08.2016

The NBA 2016 e-Elections – Lessons Learned

Alex N. Muoka

You are the salt of the earth. But if the salt loses its saltiness, how can it be made salty again?” (Matthew 5:13 NIV)

D

emocracy is now widely accepted and therefore the conduct of elections for the purpose of leadership change has become fairly routine. In Nigeria, elections hold every four years at the national, state and local government levels. In addition, political, social, cultural and professional associations periodically elect new leadership. In all these elections, lawyers play a critical role – sometimes as candidates themselves, generally as advisers to the players and the process. Lawyers, therefore, are in the vanguard of any society and it is no wonder that the whole world watches keenly the electioneering and leadership change process within the legal profession. Over the last weekend, the election of national officers of the Nigerian Bar Association (NBA) took place. It was two days of a very interesting and innovative process that was the culmination of many months of hard-work and planning. Hitherto, the process for leadership change in the NBA had been by a delegates’ conference every two years whereat about 1,000 ‘delegates’ converge at a location to vote on behalf of over 100,000 lawyers. I have always wondered at the strange paradox whereby a lawyer pays annual dues to his professional association, is old enough to vote in elections in his country (and to advise people and even represent them in election related disputes), and yet is considered ‘immature’ to determine who should lead his association! Of course, the delegates’ conference system of voting was fraught with inherent abuses that seemed to far outweigh any benefits it had initially offered. Thus, for years the NBA Lagos Branch and some leading lawyers had been pushing for the adoption of universal suffrage. In August 2015, our cry was heard and the amended NBA Constitution introduced universal suffrage for all financial members of the NBA. The Lagos Branch had also recommended the adoption of electronic voting by the NBA. Voila, the new Constitution in Section 9(4) states: “Election into National Offices shall be by universal suffrage and electronic voting as set out in Second Schedule.” In line with the Constitution, the Election Committee of the NBA (ECNBA) set out guidelines for the conduct of the elections, opened the NBA e-Voting Platform / election portal (https://election.nba-agc.org) and published the register of voters with a call for members to cross-check and update their records. The ECNBA in a bid to ensure an all-inclusive, transparent and seamless voting experience introduced a three-stage process – update of voter records, accreditation of voters (with each voter having a unique username and password), and the final voting process. I can testify from personal experience that the process was seamless, credible, and extremely fast. I was

Delegates at a previous NBA Election

surprised at the speed with which the application opened on my smart phone and updated my records within minutes. Over the next couple of weeks, I explained the updating process to several colleagues at meetings and on the go – and it was always quick and responsive. The ECNBA did a good job of voter education – sending out regular e-mails on the voting process including a step-by-step tutorial with a video uploaded on YouTube. Owing to some hitches and probably in order to accommodate busy lawyers who (typically) leave everything to the last minute (and possibly because it was new and innovative, and the response was very low), the ECNBA extended the initially advertised deadline for close of the update process, and then extended the accreditation window as well. The Polls opened at 12.01 am on Saturday the 30th of July, 2016 and within minutes I logged in on my phone and cast my votes. Imagine my surprise when at 12.09 am I received an email on my phone with the heading ‘Vote Successfully Casted’ informing me that my votes had been received and stating my ‘Voting Signature’! Voting continued all weekend, the verdict was in shortly after the Polls closed at 12.00 midnight on Sunday night, and in the wee hours of Monday morning Mr. A. B Mahmoud SAN was announced as the President-Elect of the NBA with a team of 12 other national officers who will steer our collective ship for the next two years. The euphoria of the election has not died down yet - winners are still being celebrated. Some gallant losers have accepted the results and congratulated the winners. Others are considering briefing (election petition) experts to challenge the results at the ‘tribunal’. Can we pause for a moment, however, and reflect on the whole process. I commend Mr. Augustine Alegeh SAN (our outgoing President) for his visionary leadership. Against all odds, he pushed through a revolutionary constitutional amendment that introduced both universal suffrage and electronic voting. Some argued that the election should not hold. Resolutely,

he held fast and delivered – a worldclass, transparent, credible and incredibly fast electronic voting platform that enabled interested members of the Bar to update, accredit and vote from the convenience of their mobile phones, tabs, laptops or computers anywhere in the world and at any time of the day or night! (I know three lawyers who voted from their hotel rooms whilst holidaying abroad, and I voted at 12.06 am from a bar-stool whilst enjoying my TGIF!) And to receive a confirmatory receipt and or email! And to have the results tallied and released within minutes of the close of voting! Revolutionary! There were glitches in the election. Some members had difficulty accrediting and voting. The 3-stage process seemed cumbersome to a lot of people. Not everyone has internet access, and it would appear that some lawyers do not have an e-mail address (or check their e-mails). I am convinced that it was a good start though. The process can and will probably be simplified going forward. There were also surprises. For the first time a Fulani man is President of the NBA! Monday Ubani (who was already unopposed as 2nd Vice President) still had 4375 people voting for him – to emerge (interestingly) the candidate with the highest number of votes cast in his favour. The 3-Term patrimony of the Abuja Branch (to the office of General Secretary) was broken by Isiaka Olagunju (from the ancient Ibadan Branch)! There was also the intrigue of an articulated smear campaign, and several unsuccessful lawsuits contrived to torpedo the process! Perhaps the greatest surprise, though, was the level of voter apathy. Lawyers have been agitating for universal suffrage and when it was handed to us on a platter – and with electronic voting to make it convenient and seamless…what did we do? We ignored the process. From published figures, the total number of eligible voters (lawyers who paid both practising fees and branch dues on or before 31st March, 2016) was 24,305. Out of this number only 11,646 updated their records and

were validated. By midnight of the 30th of July, 2016 (when accreditation closed) only 6,932 lawyers had accredited to vote out of the validated lawyers. Again, out of 6,932 accredited lawyers, only 5,442 actually voted! How do we accept that out of the over 100,000 or more lawyers in Nigeria, only 5,442 were concerned enough to take the trouble and elect their leadership – even though everyone was potentially qualified to vote? Lawyers are ranked right at the top of the elite in any society. We are part of the intelligentsia…we are opinion moulders and decision makers. Yet, in respect of our own professional association, we seem lethargic about electing our leadership! People argue that for many years we have operated the delegates’ conference system and so many lawyers are outside the loop and oblivious of the leadership change process. That may be so, but it is a lame excuse. The rules of engagement have changed and lawyers (who by nature and training) are supposed to be adaptive to change should be abreast of new developments. Sadly, however, too many lawyers seem completely uninterested in the affairs of their own professional association! And therein, I think, lies the real lesson from the 2016 NBA e-Elections – the need for massive member enlightenment and mobilisation. The NBA needs to re-invent itself and become more value-driven. It must begin to matter to its members. There is a growing disconnect between the leadership and the membership which the old-system helped paper-over. Now with every member having a voice, the disinterest (nay, disillusionment) is palpably noticeable. I wish the incoming President of the NBA – Mr. Abubakar Balarabe Mahmoud SAN - and his team well. They have a tough job on their hands – the task of re-branding the NBA, making it matter to its members and stakeholders, and building ‘A Brave New Bar’. And members must wake up and play a more active role in proactive followership and leadership. Alex N. Muoka is the Former Chairman NBA - Lagos Branch.


09.08.2016

/13

The Bar of Our Choice

Festus Okoye

I

t is now a fact that Abubakar Balarabe Mahmoud, SAN, OON is the President elect of the Nigerian Bar Association (NBA). He polled a total of 3055 votes to defeat his opponent Gadzama Joe-Kyari, SAN who polled a total of 2384 votes. The President elect and the candidates in the election are exhausted from sleepless nights and long travel to the various branches of the Association in the course of their campaigns. The dust raised by the candidates in the course of their campaigns is yet to settle down as the echoes are still reverberating and vibrating. That is the power of the Bar Association and that is the power and weight of the Association, an association of the best brains in the country and an association of the most critical elements in the society. A number of issues defined the campaigns and the election of the Nigerian Bar Association that was held on the 30th and 31st of July 2016 and the results declared on the 1st day of August 2016. The first is that the two Presidential candidates, Abubakar Balarabe Mahmoud, SAN, OON and Joe Kyari Gadzama, SAN are experienced campaigners. Both had previously contested for the position of the President of the Nigerian Bar Association and lost. The second issue is that both of them contested their previous elections under the delegates system of voting. The delegates system in the Bar Association delineates those eligible to vote in the election to include statutory delegates made up of Chairmen and Secretaries of the various Branches of the Association, past Presidents and General Secretaries, Some Senior Advocates of Nigeria, co-opted members of the National Executive Committee of the Association and elected/nominated delegates from the various branches of the Association. These delegates clustered in one State or the Federal Capital Territory where they “manually” vote for the candidate of their “choice”. The challenge with this system is that some of the candidates exploited the financial vulnerability of some of the delegates and paid for their hotel bills and other incidentals and succeeded in quarantining them

NBA President-Elect, A.B Mahmoud SAN

and securing their votes. The third issue is that the Nigerian Bar Association is now operating an “inclusive” Bar wherein the Presidency of the Bar is zoned and for this period, only candidates from the Northern Branches and who are from the North by birth and not by practice are eligible to contest the Presidency of the Association. This appears discriminatory but is still aimed at inclusivity. For me, the most noticeable challenge and issue during the election was the noticeable divide and wide gulf existing between the junior and senior members of the Bar. Most of the junior members of the Bar insisted that their association is not forward looking in creating job opportunities for them. Some of them believe that the association is not pulling its weight in harnessing the opportunities in emerging markets and information systems to improve their. Some of them genuinely felt alienated from the Bar and this no

doubt bothered the Presidential candidates. But the Nigerian Bar Association has been moving towards inclusivity in its programs and activities. The Association is fully aware that there are younger members of the Bar that are genuinely alienated from the activities of the Association. Some of the younger members of the Bar believe that the Association does not pay attention to their poverty and their vulnerability. This I believe partly informed giving them a voice and the franchise to participate in electing their President and other officers of the Association through a process of universal suffrage. The Association not only gave them the vote but also made it possible for them to vote in the comfort of their homes using their computers, their phones and other electronic gadgets. The introduction of universal suffrage and electronic voting by the Nigerian Bar Association is revolutionary. I dare say that the Nigerian

Bar Association and its elections will never again be the same. This is because, this is the first time in the history of the Association where almost all lawyers in the country did “night vigil” waiting for the results of the elections slated to be declared between 12.30 and 1.00am on the 1st day of August 2016. Again, for the first time, some lawyers realised that they were not ICT compliant. Some lawyers did not have email accounts. Some lawyers relied on their secretaries to verify and accredit them for the elections. Some of them forgot their passwords at the crucial moment of the election. Some of them tried to verify their details and gave up at the slightest glitch. Some of them made genuine efforts to vote and did not succeed. I am really of the view that the Nigerian Bar Association must sustain the regime of universal suffrage as it domiciles power and sovereignty with all the members of the Bar and gives them ownership of their association. I am also of the view that the Bar Association must sustain and improve on the electronic voting systems for future elections. The different branches of the Association should be encouraged to adopt electronic voting systems for their own elections. This will make it possible for the generality of the lawyers to master the use of the process and things will become easier for future elections. It is also important for the various branches of the Nigerian Bar Association to create a biometric register of their members and from there compile a register of eligible voters. We must never be afraid to try out new things in this information age. We must be seen as an association that is creative and innovative. It is in this context that I honestly urge all the candidates that contested the elections of the 30th and 31st July 2016 to rally round the “Brave New President” of the Association. The Association and our members are not on the same page with the Nigerian people and that gulf must be closed. We must build an association that caters for the welfare of its members and acts as a voice for the voiceless. This we can only do through a united front devoid of bickering and distractions. Festus Okoye is former Chairman NBA, Kaduna Branch and former National Publicity Secretary, NBA.

A BRAVE NEW WAY TO #ABRAVENEWBAR: HOW A.B. MAHMOUD EMERGED AS NBA PRESIDENT CONTINUED FROM PAGE 7 the Gadzama and Mahmoud campaigns were far apart. While the Gadzama campaign appeared strong in the old, rambunctious style of NBA politics, the Mahmoud campaign was more adapted to the changed messaging induced by new technology. Its messaging covered the major demographics and it had a targeted energy that was powered by the presence of youths who understood that technology and scale under universal suffrage had changed the game. A Brave New Bar? At the close of voting on 31 July, the tallies were immediately evident. However, at the request of the NBA, the Independent National Electoral Commission (INEC) had deputed officials to the NBA Situation Room, where they monitored the process of voting through the 48 hours that it lasted. The INEC officials also worked with NBA’s Electoral Commission, led by Ken Mozia, a Senior Advocate, to verify the results before announcement. Shortly before this, leading members of the J.K Gadzama Campaign had distributed posts on social media claiming to have

won and alleging that anything other than a declaration of their candidate as winner was evidence of manipulation. In the end, the results did not bear out their claims. Following the announcement of the result, the Gadzama Campaign team issued a statement in which they claimed to “reject the results of the elections and call for the immediate cancellation of the same.” In a distinction that reflects the state of digital literacy (or lack of it), the release by the Gadzama team also called for “fresh electronic (and not Internet) elections.” They have also threatened legal proceedings. Former Bar President, Olisa Agbakoba, SAN, promptly went on record to discredit this idea. In the interim, the process of transition to a new leadership at the Bar has begun. The 2016 Bar elections show that a different kind of NBA is possible. It has many positives. The voting platform was designed in and by Nigerians. The voting system guarantees improved revenues for the NBA as lawyers will now be able to link access to voting to the payment of their practising fees and membership dues. As the NBA beds into this new

revenue possibility, it will be able to protect and defend its independence and ward off politically exposed predators. There are also new opportunities here. Digital literacy at the Bar will improve, hopefully making Nigerian lawyers more competitive and accountable generally. Young lawyers will have a bigger voice in the affairs of the Bar because that is where the votes, energy and tech-savvy lies. It will also put the NBA on the path to a data-driven organisation and effective programmes and service delivery. All of this makes the promise of #ABraveNewBar somewhat prescient and timely. In A.B Mahmoud, the Bar also has a new leader whose temperament and intellect is well suited to the challenge. This said, it is essential to acknowledge the leadership of outgoing Bar President, Augustine Alegeh, SAN, whose leadership has been indispensable in the progress made by the Bar. When he assumed leadership in August 2014, Mr. Alegeh was not very well known in politics at the Nigerian Bar. Many saw this as a constraint on the realisation of his ambitious agenda. As he prepares to leave

office, it would be fair to say that, proving doubters wrong, Mr. Alegeh has re-shaped the Association’s physical and fiscal architecture as well as its governance. He would easily be remembered as one of the more consequential Presidents in the annals of the NBA. In his wake, it is no longer in doubt that with minimal effort, #ABraveNewBar is indeed possible. A product of Federal Government College Sokoto graduating class of 1975, A.B. Mahmoud, the President-elect of the Bar, has been a lawyer for 36 years. A former Attorney-General of Kano State, Mahmoud is married to Patricia Mahmoud, the senior-most judge on the High Court of Kano State. He is also currently Vice-Chair of the Council of the Nigerian Stock Exchange as well as the Pro-Chancellor and Chair of the Governing Council of the Kano State University of Science and Technology. To the in-coming President of the Bar, congratulations! Chidi A. Odinkalu is Interim Chair of the Section on Public Interest & Development Law (SPIDEL) of the Nigerian Bar Association. He writes in his personal capacity.


14/

09.08.2016

THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Certification of Computer Generated Evidence and other Related Matters

U

pon the amendment of the Nigerian Evidence Act in 2011, admissibility of computer generated evidence (which was a troublesome genre of evidence prior to the amendment) was given credence by Nigeria Courts. As laudable as that innovation is, it is not without its technical challenges when admissibility of such evidence is sought. Owing to the dearth of case law on this subject matter, primarily because of the novelty of this specie of evidence within the context of our jurisprudence, recourse is often had to other advanced jurisdictions for precedent. Section 84 (2) and (4) of the Evidence Act provides for the pre-condition for admissibility of a statement contained in a document produced by a computer. These provisions were modeled after Section 65B the Indian Evidence Act of 1872 which is substantially the same with Section 69 of the English Police and Criminal Evidence, Act 1984. Specifically, as it relates to this topic under review, Section 84(4) provides thus “ in a proceeding where it is desired to give a statement in evidence by virtue of this section, A CERTIFICATE(a) identifying the document containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in subsection (2) above relate, and purporting to be signed by a person occupying a responsible position in relation to the operation of the relevant device or the management of the relevant activities, as the case may be shall be evidence of the matter stated in the certificate: and for the purpose of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. The import of these provisions is that once a statement contained in a document is produced by a computer, it has to scale the hurdle and fulfill the conditions for admissibility prescribed not only in Section 84(2) which sets out the general conditions, but also 84(4) of the Evidence Act. In other words, by sub-section 4, an extra certificate to authenticate the veracity of the information as contained in the document produced by that computer and the state of the computer itself is required. The rationale is to give credibility to the process used in generating or manufacturing of such statements and/or such presumption of regularity. In DPP v MCKEOWN (1997) Lord Hoffman had this to say in that respect thus: “the purpose of Section 69 of the UK PACE (similar to Section 84) therefore is a relatively modest one. It does not require the prosecution to show that the statement is likely to be true. Whether it is likely to be true or not is a question of weight for the justices and jury. All that section 69 requires as a condition of the admissibility of computer-generated statement is positive evidence that the computer has processed, stored and reproduced whatever information it received. It is concerned with the way in which the computer has dealt with the information to generate the statement which is being tendered as evidence of a fact which it states” This reasoning is ascribed to the nefarious activities of hackers who have become notorious. These fears were expressed by Tobi JSC (of blessed memory) in ARAKA v EGBUE (2003) 7 SCNJ 114. In KUBOR v DICKSON (2013) 4 NWLR (pt 1345) 534. The Supreme Court held thus: “ a party that seeks to tender in evidence computer generated documents needs to do more than just tendering same from the bar.

Evidence relating to the use of the computer must be called to establish the conditions set out under Section 84(2) of the Evidence Act. 2011.” This requirement of certification did not however obviate other rules of evidence applicable to admissibility of documentary evidence such as pleadings, relevancy and admissibility in law pursuant to Section 102 of the Evidence Act. How can Certification be Done? It is worthy to reiterate that the main object of certification is to authenticate and establish the reliability of the computer that generated the evidence sought to be tendered in any proceeding. However, the gamut of Section 84 of the Evidence Act did not mention any specific form for certification of a computer-generated document. Unlike in the US where Federal Rules of Evidence makes elaborate provisions on how authentication should be done. It is the writer’s opinion that within the context of the extant law under review, there is no hard and fast rule on how certification should be done. The most appropriate method for authenticating electronic evidence will often depend upon the nature of the evidence and the circumstances of a particular case. I make this submission on a strong legal footing relying on the defunct House of Lords decision in Regina V Shepherd (1993) 1 ALL ER 225, 231 para A-C, “Documents produced by computers are an increasing common feature of all businesses and more people are becoming familiar with their uses and operation. Computers vary immensely in their complexity and in the operations they perform. The nature of the evidence to discharge the burden of showing that there has been no improper use of the computer and it was operating properly, will inevitably vary from case to case. I suspect that it will very rarely be necessary to call an expert and that in the vast majority of cases it will be possible to discharge the burden by calling a witness who is familiar with the operation of the computer in the sense of knowing what the computer is required to do and who can say that it is doing properly” It has been opined in several quarters that there is a difference between “a certificate” as prescribed by Section 84(4) and certification. While I concede to some extent that the literal interpretation of Section 84(4) of the Evidence Act is the production of “a certificate” which is an additional step required by the law to establish

that the computer used in producing the document is reliable and not by mere stamping a statement. It is the writer’s strong contention that does not extinguish the oral evidence of a witness who seeks to establish the foundation required under Section 82(2) of the Evidence Act, at best both sub-sections must be conjunctively satisfied. However, this seemingly interesting distinction drawn between “a certificate” and certification has been debunked of recent by the Supreme Court decision in DICKSON v SYLVA (2016) SC/518/2016 delivered on the 20th day of July, 2016 wherein My Lord Justice C.C Nweze delivering the lead judgment of the full court had this to say “in actual fact, Section 84(Supra) consecrates two methods of proof, either by oral evidence under 84(1) and (2) or a certificate under Section 84 (4). In either case, the conditions stipulated in Section 84(2) must be satisfied”. However, this is subject to the power of the Judge to require oral evidence in addition to the certificate”. See Lord Griffith in R v SHEPHERD (Supra). With the greatest respect to this afore-stated ratio, the writer will posit that in this era of frontloading of witness statements, where the oral testimony of a witness has been reduced in writing and no further oral testimony will be required (for example Paragraph 41(3) of the 1st schedule to the Electoral Act which forbids any further oral testimony other than adoption), it is more practical to have a witness statement laying the requisite foundation for the main testimony which he will adopt as the evidence-in-chief and a distinct certificate of compliance in accordance with Section 84(4) of the Evidence stating the requirements as enumerated in the subsections. Such a certificate which can be to the best of the deponent’s knowledge or belief. Demonstration of Computer Generated Evidence Several interpretations to include any process involving computers has been ascribed to this innovation, which is typical of lawyers as different reasoning will be advanced depending on the part of the divide you find yourself. Section 84 of the Evidence Act which borders simpliciter on admissibility of electronically generated evidence has been expanded to cover other gadgets used in the demonstration of the already admitted computer generated evidence. This controversial interpretation was

first pronounced (to the best of my information) in AKEREDOLU v MIMIKO (2013) LPELR- 20532 wherein the court rejected the demonstration of already admitted computer-generated evidence for failure of the appellant to plead the gadgets sought to be used. The lone issue for determination adopted by the court to wit: “Whether having regard to the pleadings of the parties, the tribunal was right in law in disallowing the petitioners to demonstrate the electronic voters registers for 2011 and 2012 which form major aspects of the appellants' case”. In affirming this, the court held thus: “ Going by the foregoing provision it is discernible that the appellants who were desirous of demonstrating electronically the content of Exhibits P50A and P50B failed to lay the necessary foundation regarding the condition of the electronic gadget or computer they were going to use ”. To the extent that those conditions as spelt out in section 84 supra were unfulfilled the demonstration ought not be allowed………” With respect to the Court of Appeal, Section 84 of the Evidence Act did not provide for laying any such foundation for demonstration using any gadget to aid the court’s evaluation of evidence already admitted. This erroneous interpretation was used by the Election petition tribunal in Bayelsa –State when a similar application for demonstration in open court was sought in SYLVA v DICKSON in EPT/BY/GOV/902/002/2016, the tribunal held thus “when a document is sought to be given in evidence, and also to be demonstrated in court the means of production of which document fall within the definition of computer in the evidence Act, then two different steps and stages are involved: (a) the one used to store the information and; (b) the one to be used to retrieve and if need be demonstrate or play them out- are involved. Both categories of computers must be certificated as required by Section 84…. Exhibit P42A covers only the computers used in production of Exhibit P42B- the DVD, but not the laptop computer and projector now sought to be used to retrieve and play the content” The learned Judges of the tribunal attempted to create a pyramid and or create a dichotomy of two processes not contemplated in the law, thereby creating an extraneous provision. The Supreme Court has described this erroneous interpretation as a “curious piece of fallacious reasoning”. The writer respectfully submits that those gadgets used for demonstrating the electronic evidence may as well be appliances of the court installed to aid the evaluation process. It is akin to seeking leave to use an already tendered and marked Exhibit from the exhibit custody to confront a witness in a quest to lead further evidence. In any case the additional gadgets for demonstration will not impair or alter the content of the already admitted piece of evidence sought to be demonstrated. The rationale for demonstrating documents in open court was enunciated by Bello JSC (as he then was, later CJN explained Onibudo & Ors v. Akibu & Ors (1982) All NLR 207 at 214, “It needs to be emphasised that the duty of a court is to decide between the parties on the basis of what has been demonstrated, tested, canvassed and argued in court. It is not the duty of a court to do cloistered justice by making an inquiry into the case outside even if such inquiry is limited to the examination of documents which were in evidence, when the documents had not been examined in court and their examination out of court disclosed matters that had not been brought out and exposed to test in court and were not such matters that, at least, must have been noticed in court….” Conclusion In this era where the courts have eschewed technicalities, in order to do substantial justice, such interpretations should be objective and not subjective. This is still a novel issue in our jurisprudence and will definitely receive some other perspectives, as lawyers will keep advancing the frontiers of the law from different perspectives.


09.08.2016

/15

PEARLS OF LAW SANDRA OKE

sandra.oke@norfolk-partners.com

The Rio 2016 Olympics and Intellectual Property Protection

T Background

he Olympics are here again after a four-year wait, bringing with it a good measure of excitement. Before the event, the media was inundated with a variety of reports creating more anticipation. Due to the excitement and euphoria surrounding the Olympics, businesses often seek to associate their brands with the Olympics through various categories of sponsorship. There are worldwide Olympic partners which include well-known companies such as Coca Cola, Atos, Bridgestone, McDonalds and Visa. Some of the Official sponsors include Bradesco, Bradesco Seguros, Correios, Net. Other businesses that cannot pay high sponsorship fees often take advantage of the unique marketing opportunity the Olympics presents through ambush marketing. Ambush Marketing There are two forms of ambush marketing namely: ambush marketing by association and ambush marketing by intrusion. Ambush marketing by association is characterised by companies leading the public to believe they are the official sponsors of the event by using the name, trademark or symbols of the event, for the Olympics that includes the Olympic circles, torch or the mascots, without paying the required sponsorship fees. Ambush marketing by intrusion uses a more subtle approach, as marketers try to gain exposure at the event with the aim of obtaining broadcast or media coverage. Sadly, ambush marketing has become a common feature at the Olympics. It is unethical and diminishes the revenue generated by commercial partnerships which accounts for more than 40% of the Olympic Games revenues. The first case of ambush marketing was observed at the 1984 Olympics. In that year, Fuji was the official sponsor of the event but Kodak ran a lot of advertising campaigns suggesting that Fuji and Kodak were official sponsors of the event. American Express also used ambush marketing techniques in 1992 when it ran advertisements with this message “You don’t need a visa to visit Spain”. A very clever approach was used by Subway for the Vancouver Winter Olympics in 2010, there was an advert campaign with Michael Phelps the most decorated Olympian of all time swimming across North America to “where the action is this winter”. McDonalds was reported to have paid close to $200 million for the eight-year sponsorship deal. A very interesting campaign was launched by Paddy Power at the London 2012 Olympics when it erected a bill board with the words "Official sponsor of the largest athletics event in London this year! There you go, we said it". They went on to disclose that the sponsorship was of an egg and spoon race to be held in the town of London in France. Although the London Organising Committee of the Olympic Games ordered the campaign be taken down for infringing strict rules on ambush marketing of the event by brands that were not official sponsors. Surprisingly, Paddy Power was allowed to continue

its campaign. Intellectual property Law Protection for the Olympics Olympic marks and symbols are protected by both local and international legislation. International legislation includes the Olympic Charter, the Nairobi Treaty, while local laws include the Olympic Act 2009, Brazilian Industrial Property Law (Law nº 9,279/96), Copyright law (Law nº 9,610/98), Consumer Defence Code (Law nº 8,078/90) and Sports Law (Law nº 9,615/98 ), also known as the Pelé Law, Articles 15 and 87, protect Olympic signs, and puts them under the exclusive control of the Brazilian Olympic Committee (COB). Rule 7 of the Olympics Charter provides that: “The IOC is the owner of all rights in and to the Olympic Games and Olympic properties described in this Rule, which rights have the potential to generate revenues for such purposes. It is in the best interests of the Olympic Movement and its constituents which benefit from such revenues that all such rights and Olympic properties be afforded the greatest possible protection by all concerned and that the use thereof be approved by the IOC.” Athletes participating in the Olympics are also prevented from being used by companies for marketing purposes. Rule 40 of the Olympic Charter prohibits athletes from engaging in advertising during the games and fifteen days before or after the games. The Nairobi Treaty also enjoins state parties to protect the Olympic symbol (five interlaced rings – against use for commercial purposes -in advertisements, on goods, as a mark, etc.- without the authorization of the International Olympic Committee) was ratified by Brazil by Decree Law 90,129/84. As soon as Brazil won the bid to host the Olympics, it enacted specific laws to protect the marks and symbols associated with the Olympics through the Olympic Act (Law 12,035/09 of October 1, 2009). Under Article 6, federal authorities are responsible for monitoring, investigating and suppressing any unlawful acts that

violate the rights in the Olympic symbols in connection with the Rio 2016 Games. The Act broadly defines the symbols as: • all graphically distinctive signs, flags, mottos, emblems and anthems used by the International Olympic Committee (IOC); • the names “Olympic Games,” “Paralympic Games,” “Rio 2016 Olympic Games,” “Rio 2016 Paralympic Games,” “XXXI Olympic Games,” “Rio 2016,” “Rio Olympics,” “Rio 2016 Olympics,” “Rio Paralympics,” “Rio 2016 Paralympics” and other abbreviations and variations, and also those equally relevant that may be created for the same purposes, in any language, including those in connection with websites; • the name, emblem, flag, anthem, motto and trademarks and other symbols of the Rio 2016 Organizing Committee; and • the mascots, trademarks, torches and other symbols in connection with the XXXI Olympic Games, Rio 2016 Olympic Games and Rio 2016 Paralympic Games. Furthermore, the Act expressly states that unless previously and expressly authorised by the Rio 2016 Games Organising Committee or the IOC, the use of any symbols in connection with the Rio 2016 Games, whether or not for commercial use, is forbidden. Article 8 specifically targets ambush marketing, by prohibiting campaigns carried out by non-sponsors which invoke an undue association of any products and services whatsoever, or even any company, transaction or event, with the Rio 2016 Games or Olympic Movement. The Host Country also released the Rio 2016 Brand Protection Guidelines which states the underlying principle behind the protection of the Olympic brand as follows: “The official partners that associate themselves with the Games, mainly due to their belief in the philosophy contained in the Olympic and Paralympic ideals, will add great value to the construction and strengthening of the brands, products and services. Accordingly, it is extremely important to ensure the partners the right to associate themselves with the Games and preserve

the emotional and commercial value of the brands.” According to the guidelines businesses are not allowed to use the 2016 Olympic symbols “in association with any kind of propaganda, whether partisan, religious, political and, especially, advertising with the purpose of promoting the sale of products and services.” It further provides that Olympic symbols cannot be used for promotions, competitions, merchandising, countdown clocks, websites, stores, tradenames and events. The restrictions against ambush marketing are not limited to traditional forms of marketing. Non-official sponsors of the game are not allowed to tweet about the event or risk legal action by the IOC. Words such as "Olympic," "Olympian" and "Go for the Gold," cannot be used by non-sponsors. Harmless terms such as "summer," "gold," "games," effort," "victory," "Rio" and "2016" are not permitted as well especially if they are used in connection with the games. Hashtags such as #Rio2016 or #TeamUSA" — any reference to Olympic results and all pictures taken at the Olympics are also banned. Not all forms of association with the Olympic are prohibited, Olympic symbols could be used for editorial and journalistic purposes so far as they are not being used for commercial purposes. However, if advertisements by non-Olympic sponsors are placed in the editorial sections according to the 2016 Brand protection guidelines special precaution should be taken, for example it should be moved away from Olympic brands and a note should be inserted stating that “The advertisers gathered here have no relation to the Rio 2016 Games and only sponsor this special section.” Conclusion It is a well-known fact that major sporting events such as the Olympics generate a lot of excitement and camaraderie. However businesses must be careful not to use symbols associated with the Olympics if they are not official sponsors of the event.


16/IMAGES

09.08.2016

The Federal Government and Global Steel Holdings Limited signed a re-negotiated concession agreement for the resuscitation of Ajaokuta Steel Company and the Nigerian Iron Ore Mining Company recently at the Presidential Villa, Abuja. Here are some of the personalities who attended the event. They included Prof. Yemi Osinbajo SAN, Vice President, Dr. Kayode Fayemi, Minister of Solid Minerals, Hon. Abubakar Bawa Bwari, Minister of State for Solid Minerals, Mr. Pramod Mittal, Chairman of Global Steel Holdings Limited and other top government officials, legal practitioners and key stakeholders in the Nigerian Mining Industry photos: Godwin Omoigui

L-R: Minister of State for Solid Minerals Development, Abubakar Bawa Bwari, Chairman, Global Steel Holdings Limited, Mr. Pramod Mittal, Minister of Solid Minerals Development, Dr. Kayode Fayemi and Vice President, Professor Yemi Osinbajo SAN

NBA President, Mr. Augustine Alegeh SAN and Sandra Kucinskaite both Counsel to Global Steel Holdings Limited

Chairman, Global Steel Company Limited, Mr. Pramod Mittal and Minister of Solid Minerals, Dr. Kayode Fayemi

Mrs. May Agbamuche-Mbu and former Attorney General of Ekiti State, Mr. Olawale Fapohunda

Director/Legal Services FMSMD, Mr. Ibrahim Haske Dikko (left) and Mr. Nath Obienu

Director, Global Steel Ltd, Mr. Divyesh Mittal (left) and Chairman, Mr. Pramod Mittal

Independent Mediator, Mr. Phillip Howell-Richardson and Senator Gbenga Aluko

Mr. Bernard Nnagha (left) and Mr. J. O Isah

Mrs. Yetunde Demuren and Mr. Abdullahi Also

Mr. Tunde Ogowewo

Mr. Yinka Oyebode


16

T H I S D AY • TUESDAY, AUGUST 9, 2016

POLITICS

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

EXECUTIVE BRIEFING

Edo Election as Test for Buhari The September 10 governorship election in Edo State is yet another test of President Muhammadu Buhari’s democratic credentials, writes Davidson Iriekpen

S

ensing that the All Progressives Congress (APC) could use its weight of incumbency at the federal and state levels to muzzle its members and governorship candidate, Osagie Ize-Iyamu, the Peoples Democratic Party (PDP) has asked President Muhammadu Buhari to ensure a level playing field in the forthcoming September 10 governorship election in Edo State. The party in a statement said since the stage is set for the people of the state to decide among the parties’ candidates, who is more prepared to deliver on good governance in the state, it is important that Buhari and the APC create a level-playing field the same way President Goodluck Jonathan did when Governor Adams Oshiomhole was seeking a second term in office and other governors from other political parties. Under the PDP administration of Jonathan, Governors Oshiomhole, Olusegun Mimiko of Ondo State, Willie Obiano of Anambra State and Rauf Aregbesola of Osun State won elections on the platforms of their political parties. In the case of Oshiomhole in 2012, he fought and prosecuted a hard campaign against the PDP candidate, General Charles Airhiavbere and won. This was basically because the Independent National Electoral Commission (INEC), the military and police which were the key agencies in the conduct of election, maintained fairness during the polls. In the PDP statement, the party described the campaigns of the APC candidate as a charade and full of old empty promises that have become the trademark of the APC at the federal level and in all the states controlled by the party. It urged the people of the state to protect their permanent voters’ cards (PVCs) and come out en-mass on Saturday, September 10 to vote for its candidate, Ize-Iyamu, who is prepared to rescue the state from the firm grip of a government of deceit and to provide the desired democracy dividends for the people. “Nigerians now know better and the people of Edo State have also tasted the difference between the government of the PDP and that of the APC and will decide on September 10, who will govern them. We have seen it before and we are seeing it again with the usual empty promises of the APC. They will promise everything to deceive the people and will go 360 degrees denouncing all their promises once they grab power.” The PDP reiterated the fact that they are on a rescue-mission in Edo State to redeem the people from the ‘go-and-die’ government of the APC that has no regard for the ordinary people except to impose heavy tax without tangible projects in the state. The party also expressed this feeling when the United States Consul-General in Nigeria, Mr. John Bray, paid Ize-Iyamu a visit at his residence in Benin City recently. While receiving the envoy, the governorship candidate appealed to the US and other European nations to show huge interest in the Edo governorship election in order to ensure that it is free and fair. “I want to appeal to you to collaborate with your colleagues in the European nations to monitor the coming election in Edo State and also put pressure on the security agencies and the Independent National Electoral Commission (INEC) to ensure that we have free, fair and acceptable election that will be devoid of violence. “By our nature, Edo people are not violent people. But we are aware that Oshiomhole is doing everything to compromise some senior INEC officials and security agencies in the state. And I know our people will resist any plan to rig the election, and it will not be good for our democratic process,” he stated Ize-Iyamu’s request was predicated on the allegation that Oshiomhole had recently held a two-hour secret meeting with the InspectorGeneral of Police in Abuja on how to ensure

Buhari...will the president stay neutral in Edo

that the police fully cooperate with members of the APC during the election. Also, as part of effort to reduce Ize-Iyamu in the equation, the governor had ordered a complete ban on airing his news, jingles on the state radio and television stations. He barred the PDP from using the Samuel Ogbemudia Stadium for its activities. These, observers feel are signs that the APC would not allow a level-playing field during the election. But since the APC and the PDP commenced

The party in a statement said since the stage is set for the people of the state to decide among the parties’ candidates, who is more prepared to deliver on good governance to the state, it was important that Buhari and the APC allow for a levelplaying ground the same way President Goodluck Jonathan did when Governor Adams Oshiomhole was seeking a second term in office and other governors from other political parties

their electioneering, it has been hot exchanges between Oshiomhole and Ize-Iyamu to get the attention of the electorate. So serious is the war of words that many observers are wondering if the governor is seeking a third term in office. Many of the observers are equally looking forward to when Oshiomhole would allow the APC governorship candidate, Godwin Obaseki, square up to his opponent, Ize-Iyamu. At many campaign rallies, the governor had threatened to report the PDP candidate to the Economic and Financial Crimes Commission (EFCC) for looting the state during his tenure as Chief of Staff to Governor Lucky Igbinedion and Secretary to the State Government under the former governor. At a campaign rally of the APC last week in Afuze, the headquarters of Owan East Local Government Area, Oshiomhole asked the people of the state not to allow Ize-Iyamu and his party loot and deplete the state’s treasury the way they did to the nation’s treasury, calling on them to reject the PDP and its candidate in the governorship election holding on September 10. He said the nation is presently in economic recession because the past PDP government looted the treasury dry. According to him, “The people who bled the treasury are now coming to tell you the victims, that rice is now expensive, naira has suffered devaluation. If one man took over N2 billion, in Edo alone, even when they confessed to EFCC to have taken over N5 billion, how much will be left for development. “If they took so much dollars meant for defence to protect Christians against attacks from Boko Haram, to protect mosques from Boko Haram attack, these people took the money in dollars, converted it to naira, depleted our dollar reserves, shared it into their pockets, their generals dug soak-away pits and put dollars inside. The whole dollars from the central bank was taken and from a reserve of over $50 billion, PDP bled the reserves and today it is down to about $20 billion. “When a man comes to your house, burgled your store where you kept your food and in the morning you find the store burgled, can you

immediately feed your children? What President Buhari is doing now, when he found that PDP broke into the treasury and emptied it, he has started rebuilding the door of the treasury to re-secure it, and the ones they have taken he is recovering them one after the other. The way PDP put fire on our economy, to rebuild it cannot be overnight. Today, my confidence about the future of our country is that Buhari is blocking all the leakages in our economy.” But Ize-Iyamu said the people of the state would compel the governor to hand over to him in November against his wish because they are desirous to change the ‘change’ that has brought misery, suffering, hike in fuel, food prices, obnoxious taxes and levies, and worst of all, deceitfulness them. In a different statement by his campaign organisation, the PDP candidate said the outgoing governor should hold his head in shame for squandering the state’s funds, which according to him, have now resulted in the state’s inability to pay local government workers’ salaries for 15 to 17 months, and other socio-economic crisis enveloping the state today. He asked the Oshiomhole-led APC government to explain to the people of the state how he squandered over N1.7 trillion of the Federal Allocations and Internal Generated Revenue (IGR) he has collected in the last seven and a half years as well as his scandalous wealth. “The good people of our state have resolved and will vote for Ize-Iyamu overwhelmingly on Saturday, September 10, 2016. And we pray to Almighty God to protect and preserve the out-going governor’s life so that he can witness the hand-over ceremony that will usher in IzeIyamu to Dennis Osadebe House in November this year.” Reacting to the allegations of corruption levelled against him by the governor on many occasions, Ize-Iyamu alleged Oshiomhole’s outbursts were always designed to divert the people’s attention, saying the Edo people are now used to his tactics and will surely punish the APC for it in the coming election. “It is a shame that Oshiomhole still talks about corruption, accusing innocent people of corruption, when his government stinks of corruption. From documented evidence that we have, Oshiomhole is the most deceptive person in the country today. He should tell the people of Edo how much he is paying as land tax for his house in Iyamo worth over N10billion and other properties he has acquired in the last seven and a half years in Dubai, Cape Town in South Africa, in San Francisco, United States of America, a high rise apartment in Atlanta both in America and London. “His estate in his village, Iyamo, which people commonly call Three–in-One that even shocked President Buhari to his marrow, when he visited the place during the governor’s wedding last year, is the size of a Texas Style Ranch with swimming pools, water fountains and a big occasion hall, Amphitheatre, indoor cinema hall, Golf arena to mention a few. This house was valued at N10 billion in 2015, and it consumes N500,000 electricity bill monthly. “Oshiomhole has mismanaged the huge financial resources of the state, which were entrusted in his care in the past seven and a half years, and he is now receiving the heat from the people. The energy he puts in defending himself shows he is already feeling the heat. He has failed; the people of Edo State now know him better. He is the least qualified person to talk about corruption in the country today because his actions and programmes in the past seven and a half years in Edo State epitomise corruption. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com


17

T H I S D AY • TUESDAY, AUUST 9, 2016

PERSPECTIVE

Abang’s Ruling on Abia, a Rape of the Rule of Law Justice Okon Abang’s ruling on the Abia State governorship is a coup against the Electoral Act and a rape of the rule of law, writes Ben Nwabueze

T

his is a short commentary designed to show that the order by Hon. Justice Okon Abang of the Federal High Court (FHC) Abuja directing the Independent National Electoral Commission (INEC) to issue a Certificate of Return, with immediate effect, to Dr. Uche Ogah is a coup against the Electoral Act 2010; the order does not aim at doing justice according to law, it is rather a rape of the rule of law. The legality or illegality of the order sacking Dr Okezie Ikpeazu as Governor of Abia State, declaring Dr Uche Ogah as winner of the April 2015 governorship election in the state, and directing that he be sworn in forthwith as Governor (examined in another write-up) is outside the purview of this write-up, whose concern is essentially with the illegality of the decision directing the issuance of a Certificate of Return to Dr. Ogah. Even as limited to the illegality of the order to INEC, the write-up must necessarily begin by noting section 133(1) & (2) of the Electoral Act 2010 (to be read together with section 138(1) of the same Act) which provides: “133 – (1) No election and return at an election under this Act shall be questioned in any manner other than by a petition complaining of an undue election or undue return (in this Act referred to as an ‘election petition’) presented to the competent tribunal or court in accordance with the provisions of the Constitution or of this Act, and in which the person elected or returned is joined as a party. “(2) In this part, ‘tribunal or court’ means – (a) in the case of Presidential or Governorship election, the Court of Appeal; and (b) in the case of any other elections under this Act, the election tribunal established under the Constitution or by this Act”… (emphasis supplied). Therefore, the question whether a person whose election is questioned was, at the time of the election, not qualified to contest the election (section 138(1), i.e. qualification or eligibility for an election, can only be raised by means of an election petition under section 133(1)) of

Hon Justice Okon Abang’s order directing INEC to issue a Certificate of Return with immediate effect to Dr. Uche Ogah is, not only a coup against the Electoral Act, it is also a brazen exhibition of judicial recklessness, of judicial activism run riot; for, it defies, in a reckless manner, the prohibition in section 141 of the Act that “an election tribunal or court shall not under any circumstances declare any person a winner at an election in which such a person has not fully participated in all stages of the said election

Abang...FHC outstepped its bounds

the Act, and the forum before which it can be raised is an election tribunal (or the Court of Appeal in the case of a presidential election) under 133(2). The issue of qualification or eligibility for an election does not in any way touch on the question whether “the term of office of any person under this Constitution has ceased”. It follows that the ordinary courts, including the FHC, have no jurisdiction over the question, which is an election matter. We are no longer in the days before the introduction of the new system for the adjudication of election matters by election tribunals specially created for the purpose. The days when election matters were adjudicated by the ordinary courts, whose jurisdiction was unlimited and embraced election matters came to an end in the period from 1989. The exclusiveness of the jurisdiction of election tribunals over election matters is the crucial aspect of the demarcation of jurisdiction between them and the ordinary courts. The exclusiveness of their jurisdiction is provided in section 285 of the Constitution (1999) which, in its subsection relevant to this case (i.e. subsection 2) provides: “There shall be established in each State of the Federation one or two election tribunals to be known as the Governorship and Legislative Houses Election Tribunals, which shall to the exclusion of any other court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor or as a member of any legislative house,” emphasis supplied. The word petition is underlined to emphasis that the question whether “any person has been validly elected to the office of Governor” can only be raised by means of a petition before an election tribunal. It cannot be raised by any other means or before any other forum. The validity of an election means the same thing, among the other things mentioned in section 138(1) of the Electoral Act 2010, as the issue of qualification or eligibility, which, being indisputably an election matter, excludes the jurisdiction of the ordinary courts. The Court of Appeal has rightly held in the Justice Nabaruma case, (2004) 13 NWLR (Pt 891) 599, that “where the Constitution gives jurisdiction to the election tribunal to the exclusion of all other courts or tribunals, the Federal High Court has no jurisdiction”, at page 623, per

Justice Fabiyi JCA, citing the decision to the same effect in Okpala v. Ezeani (1999) 4 NWLR (Part 598) 250 (Court of Appeal). What is said above is in the nature of preliminary observation, which is nevertheless germane to the issue for discussion. Coming now to the specific issue, with which this write-up is concerned, about the illegality of the order made by Justice Okon Abang, specifically directing INEC to issue a Certificate of Return to Dr. Uche Ogah, the jurisdiction of the FHC to make the order is clearly excluded by the Electoral Act 2010. The matter of a Certificate of Return in all its aspects – its issuance, the power to issue it, the body or authority to issue it, namely INEC, the procedure or process for issuing it – is regulated entirely by the Electoral Act 2010, and is patently an election matter which, as provided in the Act, can only be raised in, or by means of, an election petition before an election tribunal. As an integral part of the process of an election, the issuance of a Certificate of Return can arise only as part of the process of an election, which makes it an election matter over which an election tribunal has jurisdiction to the exclusion of the ordinary courts, including the Federal High Court (FHC). The matter of a Certificate of Return is specifically provided for by section 75(1) of the Act as follows: “(1) A sealed Certificate of Return at an election in a prescribed form shall be issued within 7 days to every candidate, who has won an election under this Act…provided that where the Court of Appeal or the Supreme Court being the final appellate court in any election petition as the case may be (not the FHC, be it noted) nullifies the Certificate of Return of any candidate, the Commission shall, within 48 hours after the receipt of the order of such Court, issue the successful candidate with a valid Certificate of Return” – emphasis supplied. The underlining is to emphasise that there must be a general election in pursuance of which a Certificate of Return is then issued to the “candidate who won it”. A Certificate issued otherwise than in accordance with the provision of section 75(1) of the Act is illegal. It is significant that section 75(1) of the Act gives to the Court of Appeal or the Supreme Court no power, even where it nullifies an election and the Certificate of Return, as the

final Appellate Court in any election petition, to make an order specifically directing INEC to issue a Certificate of Return to the person successful in such appeal. The issuance of a Certificate of Return in such a case is left in the discretion of INEC, which may refuse to issue it; the Court cannot order it to do so. In the event of such refusal, section 75(2) provides: “where the Commission refuses or neglects to issue a Certificate of Return, a certified true copy of the order of a court of competent jurisdiction shall, ipso facto, be sufficient for the purpose of swearing-in a candidate declared as the winner by that Court”. An order by the FHC, or even by the Court of Appeal or the Supreme Court as the final Appellate Court in an election petition, specifically directing INEC to issue a Certificate of Return to a person, especially a person who is not a “candidate declared as the winner” by the Court, like Dr Uche Ogah in the case before Justice Abang of the FHC Abuja, may fairly be described as a judicial coup against the Electoral Act, what he (the Hon Judge) did is not justice according to law, but a rape of the rule of law. In conclusion, the order specifically directing INEC to issue a Certificate of Return to Dr Uche Ogah is utterly null and void, even assuming the FHC to have jurisdiction to order Dr Okezie Ikpeazu to vacate office. It is necessary to emphasise what is already implied, namely that a Certificate of Return means a certification that a person, who must be a candidate or contestant at an election has been duly elected or returned to the elective office in question. This is brought out clearly by the provision in section 133(1) of the Act, noted above, to the effect that an election or return at an election under this Act cannot be “questioned otherwise than by a petition complaining of an undue election or undue return”, and even more clearly by section 156 which defines “Return” as meaning “the declaration by a Returning Officer of a candidate in an election under this Act as being the winner of that election.” There can be no valid Certificate of Return without such a declaration by a Returning Officer under section 69 of the Act. Conscious of the fact that it has no power to order INEC to issue a Certificate of Return to Amaechi, the Supreme Court in Amaechi & Anor V Independent National Electoral Commission (INEC) & Ors (2007) 18 NWLR (Pt 1065) 105 stopped short of making such an order, merely ordering that he “be sworn in forthwith”. It is not known whether INEC actually issued a Certificate of Return to Amaechi, but if it did, it must have done so, not because it was ordered to do so by the Court, which has no power to do so, but by the exercise of its discretion, based on its own interpretation of its duty in the light of the implication of the order nullifying Omehia’s election and declaring Amaechi the winner. Hon Justice Okon Abang’s order directing INEC to issue a Certificate of Return with immediate effect to Dr Uche Ogah is, not only a coup against the Electoral Act, it is also a brazen exhibition of judicial recklessness, of judicial activism run riot; for, it defies, in a reckless manner, the prohibition in section 141 of the Act that “an election tribunal or court shall not under any circumstances declare any person a winner at an election in which such a person has not fully participated in all stages of the said election.” Dr Uche Ogah falls squarely within this prohibition, since he was not a candidate or contestant at the April 2015 governorship election in Abia State, and no votes were cast for him, not to talk of being declared the winner of that election by the Returning Officer under section 69 of the Act. -Nwabueze, a Constitutional lawyer, wrote from Lagos NOTE: Interested readers should continue in the online edition on www.thisdaylive.com


18

TUESDAY, AUGUST 9, 2016 • T H I S D AY

FEATURES

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

African Women Breaking Barriers In order for African countries to achieve gender parity and end all forms of discrimination against women before 2030, there is need for governments on the continent to fully implement the 35 per cent affirmation programme, writes Ugo Aliogo

L-R: Banda, Obasanjo and Chief Executive Officer, Murtala Muhammed Foundation, Mrs. Aisha Muhammed-Oyebode. at the Women's Power Lunch in Lagos…recently

I

n January 18, 2006, Ellen Johson Sirleaf won the presidential election to emerge as Liberia’s first female President. The victory was greeted with great joy and cheers across Africa especially among the female folks. It was the opening of

During my tenure as the President of Malawi, I appointed women into deserving key positions in pursuance of the affirmative action. I promoted about 100 women into key positions. Affirmative action involves deliberate policies that seek to promote education for the girlchild, the formulation of legal instruments to remove unfair barriers to women advancement and opportunities

a new chapter in the women’s struggle for 35 per cent affirmative action. As the victory of Sirleaf reverberated and was being savoured in different quarters across the continent, Malawi opened a new narrative in its political history, with the election of the country’s first female President, Dr. Joyce Banda, on April 7, 2012. Banda became the second democratically elected female president in Africa. Women rights activists were optimistic that the 35 per cent affirmative action was gaining momentum and breaking new grounds. The victories also re-energised the women’s rights struggles and put governments of nations in the continent on their toes regarding the place of women in the governance process. In some countries, women began occupying top positions in public office. They became an integral part in the policy formulation processes, thus changing their social status. In other countries, the indices were not pleasant, women are not enjoying equal representations like their male counterparts. Today, the competition is very fierce and the level playing field is very challenging. Since 2000, the United Nations Development Population (UNDP) and the global community have been working effectively towards empowering women and ending various forms of discriminations against them. The goal number five of the Sustainable Development Goals (SDGs) aims at achieving gender parity. Experts are of the view that if it is achieved, this will create an even balance and a multiplier effect. The National Policy of Women that was adopted in 2000 reserved 30 per cent for women under the affirmative action guidelines. In 2011, during the administration of former President Goodluck Jonathan, 33 per cent of women occupied cabinet positions. Although, there were calls from some quarters for Jonathan to increase the number to 35 per cent as it is the case with other Africa countries. Under

the current administration of President Muhammadu Buhari, there are 14 seats for women in the House of Representatives out of 360 and eight out of 109 in the Senate. These figures are just 5.6 and 6.5 percents respectively. According to a media report, it was noted that the proportion of seats held by women in National Parliaments by percentage showed that out of 80 seats in Rwanda’s Lower House, 51 are occupied by women which represents 63.8 per cent, while the Upper House has 10 seats for women out of 26, and this puts the figure at 38.5 per cent. In Senegal, 64 women make up 42.7 per cent of the total 150 seats in the Lower House; and South Africa’ s Lower House has 166 women out of 396 seats and 19 out of 54 in the Upper House. These figures represent 41.9 and 35.2 per cents respectively. Namibia has 43 women in its Lower House of 104 seats while 6 of the 26 seats in the Upper House are occupied by them; this represents 41.3 and 23.1 per cents respectively. In Ethiopia, 212 women are at the same level with their male counterparts in the Lower House as their seat represent 38.3 per cent of the total 546 seats while they sit on 22 out of the 135 seats in the Upper House, again this translates to 16.3 per cent. Also in Burundi, 44 out of the in 121 seats in the Lower House are occupied by women, this is 36.4 per cent and they have 18 out of the 43 seats in the Upper House which brings the percentage to 41.9. In Zimbabwe, it has 85 seats for women out of the 270 in the Lower House, while the Upper House is made up of 38 women of its 80 seats. The figure here is 31.5 and 47.5 per cent respectively. Cameroon has 56 women out of 180 in its Lower House while they have 20 out of 100 of the seats in the Upper House, a representation of 31.1 and 20 per cent. Kenya has 69 women of the 350 seats in the Lower House and 18

out of 68 seats in the Upper House. This is 19.7 and 26.5 per cents. At the 2016 Women’s Power Launch conference in Lagos with the theme, ‘Women in Solidarity: A New Paradigm Shift for Inclusion’ organised by the Murtala Muhammed Foundation (MMF), African leaders were urged to ensure that the inclusive and affirmative programme of action for women is fully realised in the political and governance process. Speaking at the conference, the former Malawi President Dr. Joyce Banda, explained that women leadership must remain the focal point of debate in national policy issues amongst government of nations, urging women to be committed to the safeguarding and preservation of women’s rights in Africa. She challenged the women to work together with men in order to achieve resounding victories in the political space, stressing that the men are part of the challenges and solution to whatever successes they aspire for, “it is time we bring them to the table and engage,” Banda said. Banda stated that fora of this nature create the enabling environment for women to network and proffer solutions on how the issue of women can become a priority issue among national and regional governments in the continent, stressing that women need to stand together in order to promote stronger power of solidarity and synergy. “The preparatory point to drive women’s agenda whether in the areas of promoting social and economic rights, among other issues is to promote women leaders. It is time for women to sit at the policy table; decisions about women should not be discussed without the inputs of women. The biggest challenge before women now is how to promote and support women leaders. The first one is the implementation of affirmative action; this entails the implementation of deliberate policies aimed at promoting and appointing qualified women


19

• T H I S D AY TUESDAY, AUGUST 9, 2016

FEATURES into key positions. “During my tenure as the President of Malawi, I appointed women into deserving key positions in pursuance of the affirmative action. I promoted about 100 women into key positions. Affirmative action involves deliberate policies that seek to promote education for the girl-child, the formulation of legal instruments to remove unfair barriers to women advancement and opportunities. “The African Union (AU) Protocol provides for the broad protection of women’s right including gender equality and justice. The adoption of the protocol on July 11, 2003 gave us a comprehensive framework for the protection, preservation and respect of women’s rights in Africa. It is pleasing to note that by 2013, it has been ratified by 36 member states of the AU and signed by 48, thus making it one of the highest ratified instruments in the AU. If women stand together, there is stronger power of solidarity,” she added. She expressed dismay that women in politics are being abused and have come under severe attacks in the media, which L-R: Muhammed-Oyebode, Banda and Obasanjo, at the Women's Power Lunch in Lagos…recently have caused many of them to stay away from mainstream politics; “this has affected the representation of women in politics, as there are few women in the policy table. However, it is pleasing to know that initiatives to change the statuesque are in motion.” On his part, former President Olusegun Obasanjo advised women who are interested in the governance process of the nation, to prepare mentally and physically, stressing that political leadership in Africa is challenging and filled with name calling and scandalising. He added: “What I believe is important is your conscience, because it will help you to defend yourself before God and man. Name calling is an activity which is inseparable from politics. Even in the United States, which is the bastion of democracy, name calling and scandalising exists, the current pre-election campaigns between Hilary Clinton and Donald Trump is a good example.” The Women Power Launch is an integral part of the women in development programme. The goal of the initiative is to create an ambiance to stimulate quality engagement, rich discussions and networking opportunities amongst women in Nigeria and in other African countries. In her remark, the Chief Executive Officer Banda (1st left) and Muhammed-Oyebode (2nd right), others at the Women's Power Lunch in Lagos…recently

I believe that when women work together, we can generate more than enough force to shatter the barriers that still unfortunately hold us back in many parts of the world. These barriers take various forms. There are barriers rooted in ill-conceived policies and retrogressive traditions that restrict female access to qualitative education. There is the glass barrier that keeps eminently qualified women out of the highest levels of public service and corporate governance even when their talents and competence have been proven repeatedly

Some participants at the Women's Power Lunch in Lagos

of the foundation, Mrs. Aisha MuhammadOyebode, stated that the mission of the foundation is to empower women by giving them the tools with which to surmount the obstacles in their path to self-actualisation, through promoting the education of the girl-child and enabling female professionals break new grounds in their chosen careers. She remarked that though politics and governance appear to be the final frontier in terms of female achievement; but women have already broken so many barriers and debunked many mythical formulations about their alleged inferiority, adding that Nigerian women are already leading the drive for

economic growth and progress. Oyebode further stated that building inclusive societies which create spaces for women to take their place as productive actors in their national economies and politics is absolutely essential to promoting sustainable development outcomes. She added: “Interestingly, we are in a significant historical moment that highlights the zenith of female possibilities. In the United Kingdom, Theresa May has just become Prime Minister. The United States is hopefully on the verge of electing its first female president, Hillary Rodham Clinton. These landmarks will resonate powerfully with a generation that

is too young to have known India Gandhi, Margaret Thatcher and Golda Meir. “I believe that when women work together, we can generate more than enough force to shatter the barriers that still unfortunately hold us back in many parts of the world. These barriers take various forms. There are barriers rooted in ill-conceived policies and retrogressive traditions that restrict female access to qualitative education. There is the glass barrier that keeps eminently qualified women out of the highest levels of public service and corporate governance even when their talents and competence have been proven repeatedly.”


20

IMAGES

L-R: Channel Sales Manager, Afromedia Plc, Mr. Wole Adesina; Coordinating Director, Osun State Ministry of Information, Mrs. Femi Esho; Associate Director, Afromedia Plc, Mr. Femi Olaiya; Permanent Secretary, Osun State Ministry of Information, Mrs. Olajumoke Bello; Director of Finance and Admin, Mrs. Biodun Oni and the Director of Field, Research and Documentation, Mrs. Biola Kolawole, during a courtesy visit by Afromedia team to Osun State Ministry of Information, in

T H I S D AY • TUESDAY, AUGUST 9, 2016

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

L-R Ogun State Commissioner for Commerce and Industry, Otunba Bimbo Ashiru; Managing Director, CocaCola Nigeria, Mr. Adeola Adetunji; Ogun State Governor, Senator Ibikunle Amosun and Director, Public Affairs & Communications, Mr Clem Ugorji during a courtesy visit by Cocacola team to the Governor in Abeokuta...recently

L-R; Artist, Mong Kalu; General Manager, Mass Market, Airtel, Oladapo Jolaosho; Actress, Ayo Mogaji; Head of Public Relations, Airtel, Adefemi Adeniran and Actor, Kunle Bamtefa at the Airtel Smart Connect 2.0 Media Launch in Lagos on Wednesday, 3/8/2016 ABIODUN AJALA

L-R: Supply Chain Director, Cephas Afebuameh; Site Director, Arthur Mamvura; Prime Minister’s Trade Envoy to Nigeria, Hon. John Howell; Managing Director/CEO, Guinness Nigeria, Mr. Peter Ndegwa, Acting Deputy British High Commissioner, Bashir Ahmed; and Corporate Relations Director, Mr. Sesan Sobowale during the envoy’s visit to Guinness Nigeria Plc’s Ogba Brewery,

(L- R): President Rotary Club of Ikoyi, Barr. Oladele Ojogbede, Guest Speaker, Barr. Femi Falana (SAN) and Mrs. Morenike Ojogbede, at the induction of Ojogbede as President of the Club in Lagos....recently

Lagos State Governor, Mr. Akinwunmi Ambode (right) and the new Permanent Secretary, Office of the Deputy Governor, Mrs. Yetunde Odejayi, during her swearing in ceremony at the Lagos House, Alausa Ikeja.....recently KOLA OLASUPO

L-R: Chairman, Federal Government College, Kaduna, 86 sets, United Kingdom Chapter, Wale Oyenuga; Executive Secretary, Lagos State Security Trust Fund (LSSTF), Dr. Abdurrazaq Balogun and Managing Director, Milano Bispoke Limited, Seun Sokefun, during the 30th Anniversary Re-union dinner by 86 sets of federal government college, Kaduna, at Devere Venues Resort, Hertfordshire, United

L-R: Media Manager, Coca-Cola Nigeria, Mr. Dozie Okafor; Ace Musician, Mr. Timi Dakolo; Regional Director, M-net West Africa, Mrs. Wangi Mba-Uzoukwu and the winner of Season One, the Voice Nigeria, Miss. Agharese Emokpae, during a press conference and presentation of car key to the winner of the Voice, by African Magic, in Lagos.....recently KOLA OLASUPO


21

T H I S D AY • TUESDAY, AUGUST 9, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S

A S

3-MONTH 6-MONTH

19.1728% 21.6787%

20.50% 17.6724%

A T

NITTY 1-MONTH 2-MONTH 3-MONTH

Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321

A U G U S T 13.24% 15.3016% 16.4276%

6-MONTH 9-MONTH 12-MONTH

5 , 19.5136% 20.8107% 24.6703%

2 0 1 6

EXCHANGE RATE N318.91/1 USDOLLAR* *AS AT LAST FRIDAY

Quick Takes Eni, Exxon Seal Deal on Mozambique Gas

Italian oil firm Eni has wrapped up long-running talks to sell a multi-billion dollar stake in its planned Mozambique liquefied natural gas (LNG) development to Exxon Mobil, two sources with knowledge of the matter said. “The deal is done but won’t be announced for several months at Exxon’s request,” one of the sources said. Eni declined to comment, while a spokesman for Exxon said, “We do not comment on market rumours or speculation”. The offshore gas reserves already discovered by Eni in Area 4 are large enough to need a giant land-based LNG export plant whose proximity to Asian and Middle Eastern growth markets makes it potentially a highly-lucrative project. But talks to bring in a technically-savvy partner with deep pockets like Exxon have dragged on due to differences over valuations in the light of falling oil and gas prices. In 2013 Eni sold 20 percent of its Area 4 licence to China’s CNPC for $4.2 billion but since then oil and gas prices have come down by more than half. However, last year Mozambique awarded Exxon three offshore exploration licence blocks of its own which sit to the south of Eni’s discoveries, giving a new dimension to development prospects.

Nestoil Gets ISO 9001:2008 Certification

FOR OIL EXPLORATION

L-R: President, Society of Petroleum Engineers for 2016, Dr. Nathan Meeham; SPE Africa Region Director, Mr. Yemi Akinlawon; a former DMD, Texaco, Dr. Olumide Phillips; GM, Technical, Exxon-Mobil, Mr. Cletus Egbuzie and Chairman, Society of Petroleum Engineers Nigeria Council, Mr. George Kalu, during the opening ceremony of 2016 Nigeria Annual lnternational Conference & Exhibition of Society of Petroleum Engineers in Lagos …recently ABIODUN AJALA

Kerosene Supply: 78 Marketers May Demand Refund of Payments from NNPC Ejiofor Alike Marketers of petroleum products who paid the Nigerian National Petroleum Corporation (NNPC) for supply of kerosene but could not get the product may seek for the refund of the payments, THISDAY has gathered. THISDAY’s investigation revealed that about 78 marketers and depot owners paid the Pipeline and Products Marketing Company (PPMC), a subsidiary of the NNPC for supply of kerosene and petrol from imported vessels. Apart from the marketers and depot owners who paid

ENERGY for direct supply from the PPMC vessels, it was also gathered that over 2,000 bulk buyers of the product have also paid for supply from the depots that have throughput arrangement with the PPMC. According to some of the marketers who spoke to THISDAY at the weekend, some of these payments were made since 2015 but the marketers are yet to receive supply. “We have two categories of people whose money has been trapped since last year. One group is the depot owners

and other marketers who paid to load direct from the PPMC vessels. I paid over N900 million and PPMC has not refunded the money and has not supplied the product. The second category of the people buy in bulk from the depots that have throughput arrangement with the PPMC. Over 2,000 people paid,” one of the marketers explained on condition of anonymity. Another marketer who spoke on the issue told THISDAY that about N35 billion was paid by the marketers for the supply of kerosene alone, while some people also paid for the supply of petrol.

“We had to depend on the NNPC for kerosene and to some extent, petrol because of the challenges of getting foreign exchange. The minister of petroleum tried his best to make dollar available through the international oil companies (IOCs) but the IOCs are no longer giving us at the official price. If you buy dollar above N285, you will not have any margin. That is why the companies relied on the PPMC. About N35 billion was paid by the marketers for kerosene but nobody has been refunded. Continued on page 24

NNPC, Spain’s REPSOL to Negotiate Refining Deal Chineme Okafor in Abuja The Nigeria National Petroleum Corporation (NNPC) and the Spanish national oil company, REPSOL have indicated their willingness to enter into a petroleum refining deal. The NNPC through its Group General Manager Public Affairs, Mallam Garuba Deen Muhammed stated recently that a trade delegation from Spain had visited the corporation where discussions were held. Muhammed explained in a statement that the Spaniards at the meeting expressed their readiness to strengthen bilateral trade relationship in

ENERGY every spectrum of oil and gas with Nigeria. They were led to the corporation by the Spanish Ambassador to Nigeria, Mr. Alfonso Barnuevo, and received by the Group Managing Director of NNPC, Dr. Maikanti Baru. Baru, according to the statement noted that NNPC as an integrated oil and gas firm was currently undergoing transformation which includes increasing its refining capacity. He said the corporation would work closely with REPSOL to improve the technical capacities of Nigeria’s refineries. The country currently has four refineries in Kaduna;

Warri and Port Harcourt, all of which have largely operated below their capacities. Baru however said: “As you know, we have challenges with our refineries and with REPSOL refining about 900,000 barrels of crude oil per day, we can collaborate on that, going forward.” He further stated: “While we are fixing our refineries, we also have the opportunity to bring in more petroleum products into the country to meet our domestic needs.” He explained that NNPC will partner with REPSOL in other area like Liquefied Natural Gas (LNG) and cooking gas. Baru noted that NNPC also

wants to boost safer energy utilisation in Nigeria with the promotion of extensive use of Liquefied Petroleum Gas (LPG). According to him, the NNPC was also working on the Trans Sahara gas pipeline project which is a planned natural gas pipeline from Nigeria to Algeria, to supply European consumers, and would rely on the technical support of Spanish companies to address this and the country’s challenges of gas supply. Barnuevo, according to the statement noted that Nigeria and Spain have an established cordial relationship dating back to over three decades. He Continued on page 24

Nestoil Limited has received the International Standard Organisation (ISO) 9001:2008 certification for Quality Management System (QMS) from DQS Holding, one of the world’s leading certification bodies. According to a statement by Nestoil, this certification, which came after a detailed evaluation of the Nestoil’s operational processes and standards, is a valid testament to the company’s capacity to deliver quality services that conform to customers’ needs and applicable statutory and regulatory requirements. The statement added that with this certification, Nestoil Limited has again affirmed its positioning as Nigeria’s foremost Engineering, Procurement, Construction and Commissioning (EPCC) service company. The company’s Group Chief Operating Officer (GCOO), Dr. Chukwueloka Umeh described the company’s certification by DQS Holding as “an encouraging achievement that will help Nestoil and its sister companies - B&Q Dredging Limited and IMPaC Engineering Ltd, that also attained this feat remain true to professionalism and operational integrity which are the ideals of the Obijackson Group.” The company further stated that as the indigenous leader in pipeline construction, the certification serves as a tacit endorsement of indigenous expertise which has been supporting the operations of International Oil Companies (IOCs) operating in Nigeria since the activation of the Local Content Act.

Cummins Hosts Stakeholders

As part of its initiative to build and sustain stakeholders’ confidence in its products and services, Cummins Power Generation, a global power leader hosted key stakeholders from Nigeria to a 4-day visit to its Manston factory in Kent, United Kingdom. The visiting Nigerian delegation was mainly made up of select stakeholders from financial institutions, FMCG’s, engineering, manufacturing, construction and logistic sectors. They were all afforded a first-hand experience of the dynamic technical workings and operations of Cummins Power Generation factories. Speaking on the stakeholder engagement, Mr. James Amenah, Sales Manager, Cummins West Africa Limited conveyed that the visit was an avenue to highlight the deep commitment of the Cummins brand to global best practices while creating value for stakeholders.

“Some of us no longer check the crude oil price; it has become irrelevant; oil price is only relevant when you produce” CEO of Seplat Petroleum Development Company Plc, Mr. Austin Avuru


22

T H I S D AY • TUESDAY, AUGUST 9, 2016

BUSINESSWORLD KEROSENE SUPPLY: 78 MARKETERS MAY DEMAND REFUND OF PAYMENTS FROM NNPC

Now, our banks have swooped on us,” he said. THISDAY also gathered that the next kerosene consignment to be imported from PPMC was yet to arrive Lagos, a week after the vessel was supposed to have arrived. The 10,000 metric tonnecapacity vessel will be shared by Honeywell, Aiteo and NIPCO Plc. It was further learnt that over 2,000 people paid to buy the product in bulk while the vessel will contain only about 200 trucks. While the next consignment is being awaited, the PPMC has since moved up the official price to N135 from N73 per litre. However, the public who are the end users would not be losing much as the product had always sold above the N73 official price because of racketeering by officials of PPMC and the marketers. In the massive scam, officials of PPMC allocated the product to marketers at ex-depot price of N73 per litre, while the marketers sold to the public at over N180 per litre. But some independent marketers, who could not get allocation from the PPMC had alleged that some officials of PPMC collected bribe of N1 million on every truck of kerosene allocated to the marketers at N73 per litre. NNPC, SPAIN’S REPSOL TO NEGOTIATE REFINING DEAL

stated that Spain is Nigeria’s second best client in the area of oil and gas, and that the country currently buys about €4.6 billion worth of oil and gas from Nigeria. He explained that in the first quarter of 2015, the percentage of Spain’s total export from Nigeria was put at nine per cent, adding, “Therefore, NNPC and REPSOL will benefit tremendously from sustaining this collaboration.” “This visit is to further strengthen these good ties between our nations and in particular, between NNPC and REPSOL,” Barvueno stated.

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

Fashola: FG Will Not Force Discos to Patronise Local Manufacturers of Meters Ejiofor Alike The Minister of Power, Works and Housing, Mr. Babatunde Fashola at the weekend gave a clear indication that the federal government would not compel the electricity distribution companies to patronise local manufacturers of prepaid meters. Speaking in Lagos during a courtesy visit to a meter manufacturing plant, Mojec International, Fashola insisted that commercial transactions cannot be done by compulsion but by persuasion, reasoning and dynamics of the economy. The minister was however optimistic that the local manufacturers would be patronised by the Discos, stressing that it is high time indigenous stakeholders in the energy sectors were embraced. Fashola added that with Mojec’s capacity to produce one million meters per year, the metering gap in the power sector would be bridged. ‘’Look at the number of telephones that we have in Nigeria, most of them were produced in China. Imagine if we have the plants for their production here. With what we have seen in the factory, this may not happen in the power sector. I think that commercial things should be done by persuasion, reason and the dynamics of the economy,” Fashola said. Explaining the reason why the Distribution Companies and the meter manufacturers should embrace persuasion and dynamic of the economy, Fashola said the strategy would make the power sector more competitive in terms of pricing

and also competitive in terms of quality for the local market. According to him, when the market is competitive in terms of pricing and quality, it will make more business sense to produce and patronise meters locally. He expressed delight that there are Nigerian companies that can meet the metering demand in the country but wondered why there is still a huge meter gap in the power

sector. Speaking on the challenges of local meter manufacturers, the Managing Director of Mojec International, Chantelle Abdul said lack of finance to operate their factories and their inability to provide some kind of vendor financing to off-takers were the major challenges “One of our critical issues at the moment is lack of access to foreign exchange. A lot of our manufacturing inputs rely

on goods abroad. As I mentioned during the minister visit is that my goal as a manufacturer is to produce much of my manufacturing input locally here in Nigeria so that we go as far as producing our chips and the PCB which is the brain of the meter and all other component that is required. There is nothing that stops us from producing the battery that we need, the capacitors

that we need. It is sad to say that we don’t have factories that produced those things here in Nigeria,” Abdul explained. She called for the support of the federal government both at Central Bank of Nigeria in the area of providing foreign exchange for the manufacturers. “We cannot afford to be borrowing at double digit rate, it will automatically increase the price of the meter,” she added.

BRAINSTORMING ON THE ECONOMY

L-R: Ist Deputy National President, Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), Mrs. Alaba Lawson; National President, Chief Bassey Edem; 2nd Deputy National President, Hajia Sarafu Aliyu; and Deputy President ExOfficio, Mrs. Nike Akande, at the association’s media briefing on review of the State of the nation economic issues in Lagos … recently ETOP UKUTT

Reps, NNPC, DPR Begin Verification of SEC: Only 8,000 Nigerians Patronised E-Dividend Oil Blocks’ Owners Chineme Okafor in Abuja The House of Representatives and the Department of Petroleum Resources (DPR) have begun verification of authentic holders of oil blocks licenses in Nigeria, chairman of an adhoc committee set up for that purpose, Hon. Gideon Gwani has disclosed. Gwani said recently in Abuja that the Speaker of the House of Representatives, Hon. Yakubu Dogara had set up an ad-hoc committee to investigate all the holders of Oil Mining Leases (OML) and Oil Prospecting Licenses (OPL) in the country with a view to making appropriate recommendations to the federal government as revenue accruing from oil sales dwindles. Acording to him, the committee was undertaking the verification with the DPR, and the Nigerian National Petroleum Corporation (NNPC). He said as part of the exercise, the committee recently visited oil firms such as Belemaoil which owns an offshore license - OML 55, in Rivers State, and where he expressed his delight that an indigenous company has invested massively in oil production in the country.

A statement from Belemaoil which signed by its media advisor, Victor Ivoke quoted Gwani to have said when the committee visited the company that they were investigating the situation of oil companies operating in the Niger Delta area as well as ascertain the number of OPL and OML issued in the country. He noted that part of their mandate was to meet all the holders of such licenses to see if they are in operation or abandoned. “Our committee’s job is also to make sure that those holding these mining rights have gone through due process. Those who did not go through due process we shall recommend that they relinquish such rights because they are doing business illegally. “We have just started the investigation and now at the verification stage and we want to see if the foreign companies doing business in Nigeria are registered with the Corporate Affairs Commission. “At the end of this investigation, we will analyse all the information collated about every company and make appropriate recommendation to the House of Representatives.

We are doing this investigation in concert with the Department of Petroleum Resources (DPR) which is the regulatory body and the Nigerian National Petroleum Corporation (NNPC),” Gwani said. He stated on the status of Belemaoil, that they were making use of it and can be seen from evidences from DPR affirming that their approval on OML 55 operatorship was genuine. “We hope that many more companies can borrow a leaf from Belemaoil and do what Belemaoil has done particularly for their host community where they have employed so many youths in the area,” he noted. Commenting on reported call that more oil blocs should be allocated to the indigenes of Niger Delta, Gwani said such call was justified, adding that it was one of the reasons for the committee’s investigation. He reportedly said: “That is why we are carrying out this investigation. We believe that when some of these oil blocks that were illegally acquired are relinquished, it will create an opportunity for some members of the host communities to participate in the acquisition process.

Platform

Dele Ogbodo in Abuja The Director General of the Security and Exchange Commission (SEC), Mr. Munir Gwarzo, has said that only 8000 Nigerians have registered in the e-dividend platform since the campaign was launched last year. The DG of the capital market regulator, made the disclosure over the weekend in a radio programme monitored in Abuja. He expressed his disappointment over the low patronage by investors to key into the platform. He said: “They should keep faith as they should come back to the market and more importantly, they should key into the e-dividend platform. “The level of patronage in the e-dividend is very low, as at the last count, only 8000 Nigerians have registered for the e-dividend.” While admitting that investors are shying away from investing in the capital market perhaps because of the economic downturn, he urged them not to lose hope and faith as the market will certainly bounce back into profitability. He said: “My advice is to say, yes, Nigerians have lost

money, houses and cars due to investment in the capital market. “We shouldn’t lose hope, SEC is there, they may not see the result today. I can assure investors that in the next few years, they will see the result of their investment in the market.” On the low level of patronage of the e-dividend platform, he said: “My expectation as at last year was that we should have recorded almost one million Nigerians. “The initiative that we are pursuing now is for the investors, and if you look at the unclaimed dividend that we have today in the country, it has risen to almost N80 billion.” he said. Asked on why the figure for unclaimed dividend is on the high side, he said, this came about because investors think the dividends usually comes in small bits and therefore they tend to push it aside. He stressed further: “It is this small dividends that has accumulated to that N80billion and secondly investors buy shares with different names which in itself is an offence, which at the end of the day becomes difficult to claim.”


23

T H I S D AY • TUESDAY, AUGUST 9, 2016

BUSINESSWORLD

ENERGY

Curbing Monopoly in Cooking Gas Market Ejiofor Alike reports that the perennial hike in the price of cooking gas by some of the off-takers of the product when their major supplier, Nigeria LNG Limited, has not increased the price is a threat to efforts to deepen the local consumption and ensure a safer and cleaner environment

B

efore former President Olusegun Obasanjo directed the Nigeria LNG Limited to intervene in the supply of Liquefied Petroleum Gas (LPG), better known as cooking gas to the domestic market, the product was on the verge of disappearing from the Nigerian market due to the collapse of the refineries. The refineries were the major suppliers before militancy in the Niger Delta disrupted crude supply to the refineries coupled with the collapse of the plants over inadequate Turn Around Maintenance (TAM), which made them non-functional. With the country’s dwindling refining capacity, the marketers of petroleum products concentrated in the importation of petrol, diesel and kerosene, while the supply of LPG was neglected due to the high cost and low penetration in the domestic market. Apart from the low penetration, which discouraged importers, the absence of reception facilities such as jetties for imported LPG cargoes also discouraged potential importers. Before NAVGAS built a private jetty for imported LPG vessels in Apapa, there was only one jetty owned by the Pipeline and Products Marketing Company (PPMC), a subsidiary of the Nigerian National Petroleum Corporation (NNPC) for the reception of imported LPG cargoes in Lagos. The inadequate supply had led to the high cost of the product with 12.5 kg cylinder selling for N8,000, thus frustrating efforts to encourage more Nigerians to use LPG as a safer and cleaner alternative to kerosene, firewood and coal. Supply stability With the intervention of the Nigeria LNG Limited in the supply of LPG to the domestic market, the product became readily available in the market with the price of 20metric tonnes LPG stabilising below N3.2million before the Nigerian Maritime Administration and Safety Agency (NIMASA)’s blockade against the NLNG vessels over non-payment of purported levies. As a local product, the price of LPG is supposed to have crashed below the current levels but the price is always tied to the price at the international market. Though the marketers pay NLNG in Naira, the price is denominated in dollar and thus, affected by exchange rate fluctuations. In an interview with THISDAY, the National President of the Nigerian Association of Liquefied Petroleum Marketers (NALPGAM), Mr. Basil Ogbuanu had called for the domestication of the price. “We want a domestic price because this is a Nigerian product. It is produced in Nigeria. In Dubai, the price of 12.5kg cylinder is equivalent of N150 because they produce it. But in Nigeria, it is N3,000. The 20 metric tonnes that is selling at N3.3million today was just N70,000 as at 1994, when we were buying from the refineries. In 1998, it was N150, 000 but in 2004/2005, it went up to N1.2million. It was in late 2007 that it increased to over 2 million. Let us have domestic pricing. Let us have Nigerian price as in Dubai,” he had explained. Nigeria’s population of 160 million is supposed to be consuming over one million metric tonnes of Liquefied Petroleum Gas (LPG) yearly but the country’s domestic consumption is less than 200,000mt, apparently due to lack of awareness. For instance, Algeria with a population of about 20 million consumes five times Nigeria’s yearly domestic consumption. However, there has been a steady increase in the yearly consumption since the past three years, according to statistics by NALPGAM. About five years ago, the country was consuming less than 70,000metric tonnes yearly but by 2011 the figure grew to almost 100,000metric tonnes and above 200,000mt by 2015. When former President Obasanjo directed the NLNG to set aside a certain volume of its output for the domestic market, the company

Cooking Gas vessel initially made available 150,000 metric tonnes for the domestic market. But after domestic consumption exceeded 150, 000 mt in 2013, the NLNG increased supply to 250,000 metric tonnes yearly. Threat of monopoly Despite the relative stability in supply, the LPG market has faced a continuous threat of monopoly due to the logistic challenges, which some of the offtakers appointed by the NLNG Limited have capitalised on to hike price and frustrate efforts to deepen consumption. Some of the offtakers include: Hyson, a subsidiary of NNPC; Greenfield Integrated Services; Chimmox Gas; Linetrade; Harik; Bhakor Nigeria Limited; Ultimate Gas Limited; Gasland Nigeria Limited; Algasco (NAVGAS); Gas Teminaling; NIPCO PLc; Forte Oil; Techno Oil; Second Coming Nigeria Limited; PPMC; Banner Energy; and Oando. In spite of the number of offtakers, only one PPMC jetty is dedicated for the reception of imported cargoes and NLNG vessels that bring the product to Lagos. The second jetty is a private jetty built by NAVGAS in Apapa and this gives the company the strategic advantage of importing LPG instead of always relying on NLNG for supply. Unfortunately, the PPMC jetty dedicated for LPG is also used for the discharge of other petroleum products. THISDAY gathered that on several occasions, NLNG vessel was diverted to NAVGAS as the PPMC jetty was occupied by another cargo that brought in petrol. It was gathered that each time NLNG vessel is diverted to NAVGAS terminal, the company discharges most of the product into its facility and hike the price. It was even alleged that the company connives with officials of PPMC to ensure that the PPMC jetty is always occupied so as to give the company the sole advantage of receiving NLNG vessel and creating monopoly in the market. Investigation also revealed that even after NLNG has discharged another vessel at the PPMC jetty after the price hike, the other offtakers that receive the product will retain the high price for quite sometimes. For instance, recently the marketers raised the alarm over the artificial hike in the price of the product from N2.4 million per 20 metric tonnes to N3.5 million within five days. Executive Secretary of NALPGAM, Mr.

Bassey Essien had said in Lagos that with the artificial hike in the price of 20 Metric tonne cylinder, the price of 12.5kg cylinder had also gone up from N2,700 between N3,500 and N4,000 within one week. Essien called on the federal government to intervene and stop the hike, adding that unlike the prices of other petroleum products, which are paid in dollars, the price of LPG is not paid in dollar, hence there was no reason for the price hike. According to him, the Nigeria LNG Limited, which supply LPG to the domestic market, collects Naira from the marketers. He further argued that the current scarcity of foreign exchange in the country has no effect on LPG because the product is produced locally and not imported. He accused some officials of the Pipelines and PPMC and NAVGAS of conniving to hike the price of LPG supplied by NLNG. According to Essien, the PPMC officials had diverted the NLNG’s LPG vessel to NAVGAS terminal instead of allowing it to discharge at PPMC jetty for all the marketers to receive supply. “Gas is supposed to be readily available in all the major terminals in Lagos but today, only one company has gas because some people have hijacked the NLNG domestic supply scheme. On Thursday last week, they increased the price from N2.4 million per 20 MT to N2.6 million. On Friday, it was increased to N3 million and on Monday, it was increased to N3.5 million and if nothing is done, they will increase it to N4 million. The company did the same thing last year to exploit Nigerians when it was the only company that had LPG but when other companies received product, it quickly crashed the price to N1.9 million,” he had explained. He accused NAVGAS of exploiting Nigerians with the connivance of PPMC and called on the federal government to intervene to stop the hardship being experienced by LPG users. Essien argued that the artificial hike could discourage people from using LPG, thus hampering federal government’s efforts to ensure cleaner environment. But when contacted, the Managing Director of NAVGAS, Mr. Ian Brown had told THISDAY that he had earlier explained the cause of the hike to the marketers in a meeting. According to him, the hike was due to the current situation in the country, stressing that the market size of LPG in Nigeria is 300,000MT,

while NLNG supply less than 200,000MT. THISDAY gathered that NLNG prices LPG in dollar and allow the marketers to pay the Naira equivalent. So, any rise in the cost of dollar potentially increases the price of LPG. But Essien insisted that NAVGAS wanted to hide under deregulation to create artificial scarcity and hike price to shortchange Nigerians. The marketers noted that since NLNG that provided the gas did not increase the price and since the gas price was not paid in dollar, NAVGAS had no reason to increase the price. Also when contacted on the allegation that the PPMC deliberately schemed out other companies to favour NAVGAS, the Manager in charge of Marine Transport Department (MTD), Offshore Programme and Operations at PPMC, Mrs. Onabu had told THISDAY that the Major Oil Marketers Association of Nigeria (MOMAN) was in charge of scheduling vessels that berth at PPMC jetty and not her office. Ogbuanu however told THISDAY at the weekend that NAVGAS has successfully bridged the supply gap by also importing LPG. “NLNG makes available 250,000 Metric tonnes yearly to the domestic market but the country consumes more than that. If not because of NAVGAS, the country would have been experiencing shortage of supply but NAVGAS has bridged this gap by also importing instead of relying on NLNG. As I am talking to you now, NAVGAS is discharging 9,000 metric tonnes,” Ogbuanu explained. The federal government should as a matter of urgency address the challenge of logistics facing the LPG market so as to curb the monopoly in the business. Apart from safety concern, most households in Nigeria are discouraged from using LPG because of the high start-up cost of cylinders and other accessories. So, creating monopoly in the market just to hike the cost of the product will further worsen consumer apathy and weaken efforts by the federal government to ensure green and safer environment. For President Muhammadu Buhari’s administration to achieve its target of reducing Nigeria’s greenhouse gas (GHG) emission by 20 per cent by 2020, his administration should quickly address the logistics challenges that fuel monopoly in the LPG business, so that more Nigerians will switch over from the use of dirty fuels such as kerosene, firewood and coal to the use of cooking gas.


24

T H I S D AY • TUESDAY, AUGUST 9, 2016

BUSINESSWORLD

ENERGY

Embracing Associated Risks in the Burgeoning Solar PV Market

Beyond the federal government’s expressed emotions, Nigeria’s recent approval of an entry feed-in tariff for solar power supply does not foreclose the fact that there are associated risks in the solar photovoltaics technology. Chineme Okafor however examines the country’s readiness for this technology

Solar Panels The Nigerian Bulk Electricity Trading Company Plc (NBET) recently approved an entry price of 11.5 cents (currently about N30) per kilowatt hour (kWh) as the entry price for 14 pioneer solar power stations to be built in the country. The 14 solar plants will collectively generate 1,125 megawatts (MW) of electricity which will be distributed to the grid through a step down transmission network, enabling them to minimise levels of transmission losses. They will be built in 11 states mostly in the north. In signing the Power Purchase Agreements (PPAs) with the promoters of the projects, the NBET said all of them had agreed with the entry price, that is, after they ran their numbers and found it comfortable enough to take the decision to sign the PPAs. NBET, which is often referred to as the Bulk Trader due to its role as the government’s sole purchaser of on-grid electricity from generators to guarantee investments, disclosed that before it signed the PPAs with the investors, the entry price was negotiated down from 23 cents per kWh in 2015 to the current level which all of them accepted. An approximately $1.75 billion is expected to be spent in construction of the plants by the investor, and the timeline for the plants to come on stream would be within 18 months from when promoters mobilise to their sites. However, from discussions at the ceremony in Abuja, the Bulk Trader, and indeed the Minister of Power, Works and Housing, Mr. Babatunde Fashola indicated that the entry price was just the right and only incentives needed by promoters to turn their PPAs into actual power. They however did not state in clear terms that even with the structured PPAs, there are associated risks in solar power which would need systemic solutions outside of the PPAs. In particular, the minister stated the government would never consider any form of subsidy on consumption of solar power generated from these solar farms, but would support the promoters all the way to turn in their investments. This means that the Bulk Trader which guarantees complete payments to the promoters would have be upbeat on this, notwithstanding current shortfalls in funds remittance to operators in the power sector.

While the minister’s declared the government will support the promoters in other ways but finance, he also showed its emotions and frustrations with the activities of militants in the Niger Delta who have consistently cut supply of gas to thermal plants in the south and then deny the country of electricity supplies. He said it was an opportunity for the country to diversify its electricity mix and guarantee energy security for Nigeria, adding that it will be impossible for any group or region to hold the country to ransom by controlling any particular source of fuel for electricity. But industry experts who privately analysed the new development to THISDAY, said that if the numbers are right, investments will come into Nigeria’s solar power sector, and not necessarily by emotions. These experts noted that investments do not always follow emotions but numbers, adding that in view of the relative odds against solar PV technology in Nigeria, the government must do more than just signing off PPAs with the promoters. No doubt, a well-structured PPAs could support the promoters with the availability of private capital to finance their solar projects, but it does not exclude the government from accepting that in reality, not all data points in the PPAs are created equal from a project risk perspective even when the goal of the PPAs is to establish price points, terms and conditions and bring all parties together. As much as the PPAs are critical to mitigating project development risks in that they represent a guaranteed stream of money from the customers into the hands of the owners, and then to the investors, their applications especially in Nigeria have always not been as smooth as cast in papers. Perhaps, the contemporary experience of stakeholders in Nigeria’s power sector will better explain this, and the need for the government to embrace the risks associated with solar power. Huge potentials in solar Based on a recent review by global business advisor, McKinsey and Company, in less than a decade, the solar-photovoltaic (PV) sector has transformed from a cottage industry centered

in Germany to an over $100billion business with global reach. Amongst the factors contributing to the growth of PV were government subsidies; significant capacity additions from existing and new entrants; and continual innovation. These factors have pushed PV prices to dramatically fall, and global installed capacities grow in leaps. The McKinsey review added that notwithstanding the possibilities that government subsidies on PV technology are expected to dry up, its prices slide are also propelled by increasing manufacturing capacity and underlying costs drops. The price fall; capacity addition; and improved government policies have however motivated more players to begin to make entry into territories with rich PV density. It has also ensured that the competitive PV market which is gradually evolving in Nigeria can become a boom if its potentials and risks are placed side-by-side for efficient management. Associated risks As itemised by experts, stakeholders including the government must recognise there are real risks which could last the entre lifespan of the solar plants and which must be constantly addressed to secure stable power supplies from them. According to them, it is not going to be a tea party despite its potentials. Environmentally, there are risks of environmental damage attached to solar station and which must be addressed; financial risks which include insufficient access to investment and operating capital; market risks which involve cost increases for key input factors such as labour, units and or decreases in rates of electricity generated; operational risks from unscheduled plant closure arising from lack of resources, equipment damages or component failures; and then technological risks. There are also political and regulatory risks associated with solar power, and they may come in the form of changes in policy which may affect project’s profitability; there are equally the risks associated with sabotage, terrorism and theft. All of these risks stand to define Nigeria’s readiness for the solar-photovoltaic (PV) market.

Pressing risks Though Fashola stated that Nigeria has taken an irreversible step forward to play well in the PV marketplace by supporting promoters with the right actions, he equally disclosed that a sustainable policy which would see renewable energy contribution to Nigeria’s energy mix scaled up to 30 per cent in 2030 has been developed, he however did not disclose at least at the ceremony how certain risks that could be outside of the promoters’ reach would be addressed by the government. Experts in their listings, identified risks associated with grid connection are quite crucial, both in terms of continuity and convenience of energy delivery to promoters. According to them, a reliable and proactive relationship with the country’s transmission system operator will help in great measures to reduce the level of energy losses that could be recorded on transmission from the solar farms, especially when unexpected events or emergencies occur. With the operational reliability of the Transmission Company of Nigeria (TCN) currently in doubt, promoters and the government would have to devise a measures as well as clear contingency plans and restart procedures to minimising plant downtime. Failures caused by either faults on the transmission line to the interconnection switchyard or major interruptions downstream in the utility area would have to be identified and communicated in manners that guarantee minimal losses to the projects. Another crucial risk which the experts identified was proactive security to avoid damages and possibly plant downtime from theft and vandalism. They noted that a good percentage of the monetary impacts of all possible damages to the solar farms are related to vandalism and insecurity. They also explained that a down to business stakeholder management, putting into consideration the local communities and keeping them informed on the projects and its operation at all stages would help build and sustain a positive relationship that will minimise operational losses.


25

T H I S D AY • TUESDAY, AUGUST 9, 2016

BUSINESSWORLD

ENERGY

NEITI Proposes New Clause in PIB to Protect Whistle Blowers Chineme Okafor in Abuja The Nigeria Extractive Industries Transparency Initiative (NEITI) has recommended the inclusion of new accountability clauses to the new Petroleum Industry Bill (PIB) before it is passed into law. It said the new clauses will seek to protect officials in extractive and mining sectors who willingly expose corrupt activities in their companies of operation, and also mandate companies on timely and regular reporting of their operations for its statutory auditing tasks. NEITI’s Executive Secretary, Waziri Adio listed these clauses in a paper he recently presented at a stakeholders’ dialogue on the PIB in Abuja. He said one of the new clauses which bothered on institutional disclosure would mandate covered entities to regular reporting of their operations to NEITI. He said: “The current NEITI audit reports rely on annual data collection exercise undertaken by the independent auditors to generate information about transaction in the industry for the preceding year. Apart from the delay with industry-wide physical data collection, the system creates a serious lag in dissemination, limits engagement and weakens

accountability.” Adio therefore called for a provision in the PIB to compel companies and government agencies to make information and data available real-time in accessible formats to it. Another clause Adio also stated the need for the PIB to provide for relevant government agencies and organisations in the extractive industry to comply with relevant sections of the NEITI Act. He equally called for the removal of impediments currently being faced by the civil society for effective engagements with the extractive industry. He said there was the need for the PIB to provide the right incentives and protection for industry personnel to expose wrongdoing in the sector in the interest of the public. Adio further stated: “We recognise that information not specifically listed for the purpose of NEITI audits, or which may not be contained in companies periodic reports may however be sought by civil society actors for the overall purpose of transparency and accountability in the oil and gas sector, I therefore recommend that the requirement for disclosure should address ambiguities by any other law that exempts or purports to exempt the national oil company from compliance with the Freedom

Operators Seek Accountable Leadership in Nigerian Oil and Gas Sector Ejiofor Alike Oil and gas industry stakeholders, who gathered in Lagos at the 2016 Nigeria Annual International Conference and Exhibition (NAICE 2016) of the Society of Petroleum Engineers (SPE), which ended at the weekend, have sued for accountable leadership in Nigeria’s oil and gas sector to address the issue of lack of ethics and transparency in the sector. The operators noted that lack of ethics and transparency due to absence of accountable leadership has chased away investors, pointing out that accountable leadership is needed to drive these issues so as to encourage investment in the industry. Speaking while moderating a session on: “Ethics and Transparency for Block Concession and Divestments in the Nigeria Oil and Gas Industry,” the Managing Director and Chief Executive Officer of Seplat Petroleum Development Company Plc, Mr. Austin Avuru noted that since divestment involves transfer of propriety rights where values are transferred, ethics and transparency are key in divestments of oil blocks. “We need a strong leadership to address the issues of ethics and transparency in the sector because the lack of it has chased away investors,” Avuru said. “Elsewhere in other countries, midcap companies snap up assets divested by the international oil companies (IOCs). But in Nigeria, we quickly created midcap companies

to snap up these assets as indigenous companies. So, we are lucky,” he added. Explaining the reason for the divestments of assets by the IOCs, a former Managing Director of Shell Petroleum Development Company (SPDC) and Chairman of Shell Companies in Nigeria, Mr. Mutiu Sunmonu said the IOCs divested in line with their own strategic objectives. Sunmonu, who did not link the spate of divestments to security challenges in the Niger Delta, said it was purely a business decision in line with each company’s strategic objectives. Also speaking, a former Company Secretary of the Nigerian National Petroleum Corporation (NNPC), Chief Sena Anthony stated that for a regime of transparency to be enthroned in the sector, there must be a legislation that would provide clarity on all key issues, including the divestment of oil blocks. According to her, only effective legislation such as the Petroleum Industry Bill (PIB) would address the issue of ethics and transparency. Anthony noted that the lack of clarity of terms in the industry has also chased away actual and potential investors, who could not operate in an uncertain environment. Chairman and Managing Director of Chevron Nigeria Limited, Mr. Clay Neff said transparency needed the collaboration of all stakeholders.

of Information Act. “The cardinal requirements of accountability is that the one holding to account must be independent of the one being held to account. This is why the EITI standard requires that

implementing countries must disclose the relationship that exists between state-owned extractive companies and the government. “To fully implement the EITI requirements, it is recom-

mended that the PIB should ensure sufficient delineation of structure; authority; and responsibilities of the national oil company; the regulator and the ministry of petroleum resources.’’

Adio also identified mandatory contract disclosure of companies operating in the oil and gas sector as another important feature that the PIB should not ignore in line with the global trends.

BROADBAND SERVICE AWARD

L-R: Chief Corporate Services Officer, Smile Nigeria, Tobe Okigbo; Minister of Communications, Adebayo Shittu, presenting ‘The Most Innovative Broadband Service Provider Of The Year’ award to the Managing Director, Smile Nigeria, Godfrey Efeurhobo, at the 2016 Titans of Tech Award held in Lagos...recently

Ekiti Partners Benin Disco on Steady Supply The Ekiti State Commissioner for Public Utilities and Infrastructure, Mr. Deji Adesina has assured Benin Electricity Distribution Plc (BEDC) of the state government’s commitment to partner it to achieve its corporate objectives, even as he canvassed prompt payment of electricity bills by citizens of the state. He gave this assurance during a Town Hall meeting held at Olojido Palace, Ido-Ekiti at the weekend. Adesina, according to a statement from BEDC, said the plea for electricity payment on regular basis was informed by the fact that responsibility for the collection of revenue shared by the entire power sector value chain rested on BEDC hence only prompt payment of bills can facilitate the realisation of such objectives. He noted that the idea of prompt payment of electricity would enable BEDC serve the people of Ekiti State better since it was only one of the company’s four state of operation. Adesina also requested that BEDC should outsource the procurement of prepaid meters to licensed contractors since according to him, it is the only way to ascertain the customers’ actual consumption. Speaking at the occasion, Chief state Head for Ondo/Ekiti, Mr. Ernest Edgar said BEDC is entitled to only 9 per cent of whatever power is generated in the country and this will be shared among the four states under the company’s coverage. He stated the need for prompt payment by the customer was the only antidote for more power to the customer. The BEDC boss, further explained the nature of distri-

bution of electricity which he said is naked and this can only explain why most people steal illegal connection or hanging of wire at night. He district accountant explained to the audience different payment channels available to the customers which according to him include Point of Sales (POS), commercial banks, Automated Teller Machines (ATMs) or online payments. He advised customers not to give cash out but rather use any of these means made available by BEDC. In another development, as the country explores the diversification of the economy as a means of ensuring national survival following the continued drop in the prices of crude oil, the Chief State Head, Ondo/Ekiti, Benin Electricity Distribution Plc (BEDC) Mr. Ernest Edgar has said that electricity is a crucial enabler for sustainable development and growing prosperity in the area of agriculture. BEDC, he further noted was an enabler and willing to partner with government, citizens and potential investors on economic re-generation. Edgar who made the assertion further said that there was hardly any branch of agriculture which electricity should not be employed, made the remarks in a paper titled “Electricity as an Agricultural Enabler in Ekiti State which he presented at the Ekiti State Agricultural Summit held at the Adetiloye Hall, Trade Fair Complex, Iyin Road in Ado Ekiti. He highlighted the various uses of electricity in agriculture which includes fertilizer production, Irrigation, storage and agro-allied Industries. According to him, the various roles the BEDC will play in ag-

ricultural Industrialisation of the state will include construction of dedicated feeders embedded generation, advisory services on locations where constant power is assured. He said that BEDC was ready and willing to partner with Ekiti

State to re-generate her economy through Agriculture and enjoined Ekiti State Government to partner with BEDC on how to strategically locate, an agro allied Industries where quality and constant power supply can be guaranteed.

Ikeja Electric Introduces Debt Discounts on Unpaid Bills Ejiofor Alike In a bid to reduce the financial burden suffered by customers who do not have prepaid meters, Ikeja Electric Plc has introduced a debt discount initiative to encourage this category of customers to pay all outstanding bills. The initiative provides various percentage discount options to enable customers pay off their outstanding bills and meet their financial obligations to the company. According to the company, the discount option, which was designed specifically for unmetered non-maximum demand (NMD) customers, was put in place to provide an avenue to support customers, especially those who are financially constrained by the present economic realities. Explaining the concept behind this initiative, the company’s Head Corporate Communications, Felix Ofulue said in a statement yesterday that the company decided to introduce this scheme as a form of financial support to its customers who are willing to pay all outstanding bills. “By providing this discount to them, we also share part

of the cost of the consumed energy,” Ofulue said. According to the company, the three tier scheme provides a discount ranging between 10 per cent; 15 per cent and 20 per cent, depending on the amount owed by the customer. According to the statement, customers are however required to apply to the company, stating if they wish to participate in the outright or installment debt discount exercise. “So far the response has been good and a further testimony to the fact that many of our customers are responsible citizens who given the right circumstances will rather pay than owe”, Ofulue said. The company’s efforts at easing transaction and payment options for customers was recently recognized at the 2016 Efficiency Awards, organised by the Nigeria Interbank Settlement Scheme (NIBSS Plc) where Ikeja Electric bagged the prestigious Cashless Driver Merchant Award, in recognition of her outstanding performance in driving the CBN cashless initiative by recording the highest Point of Sale (POS) transaction count on the National Central Switch (NCS) for the year 2015.


26

T H I S D AY • TUESDAY, AUGUST 9, 2016

BUSINESSWORLD

INDUSTRY

Myths in Nigeria’s Tomato Industry Crusoe Osagie discusses some fables that have pervaded the nation’s tomato industry recently and the measures which Conserveria Africana is taking to boost local tomato production A lot of hoax and myths have trailed tomato in the past six months or so. In the end, most of it turned out to be mere baseless conspiracy theories, completely devoid of verifiable fact. One of these myths was the allegation sometime in April that Dangote had mopped up all the fresh tomatoes from the farms and markets to feed his recently commissioned tomato processing factory. The propagators of the absolutely false claim had blamed Dangote for the astronomical hike in the price of the widely consumed vegetable at the time. Until the federal government and scientists from research institutes within and outside Nigeria raised the alarm over the spread of a pest that attacks tomato, known as Tuta absoluta, the blame was wrongly and unfairly placed on Dangote. Again, another tomato propaganda is gaining prominence. Some individuals are calling for a ban on the importation of triple concentrate and processed tomato paste, claiming that they have the capacity to produce enough for local consumption within the country. Unfortunately, they make these claims without any empirical data to back the position. When cement operators called on the federal government to ban the importation of cement, the reasons for the call were clear; vast limestone deposit, one of the best quality in the world; vast gas and coal deposits, for powering the cement plants; as well as highly trained manpower from both within and outside Nigeria to run new plants. These are the sorts of preconditions necessary before the call for prohibition of any particular highly consumed product. However, in the case of processed tomato, at the moment, Nigeria is far from developing the conditions necessary for a ban to be placed on the importation of the essential product. The first reason why Nigeria will be unable to prohibit tomato paste importation without a severe backlash is the current uncompetitiveness of the nation’s tomato industry with those of other nations. In Nigeria, the yield per unit space of land cultivated is by far lower than what is obtainable in other nations such as the United States, Italy and China. According to the Food and Agriculture Organisation (FAO) statistics, while in Nigeria, a hectare of land which is 1, 000 square kilometres, will yield 5 to 7 tonnes of fresh tomato, in the US, Italy and China, you get between 50 to 80 tonnes per hectare. Apart from the issue of volume of output, there is also the problem of the quality of output. All the varieties of tomatoes planted in Nigeria basically have water content of over 80 per cent, but the varieties planted in the other countries (US, China) contains less than 40 per cent of water. Therefore, if the total output of fresh tomato in Nigeria, which is about 1.5 million tonnes per annum is taken by processing factories, leaving nothing to be consumed fresh, the nation will still not produce sufficient tomato paste to serve the market because with the variety of tomato widely planted in Nigeria, you will have to process four trailers load of fresh tomato to obtain one pickup van of tomato paste. Market watchers have therefore urged the federal government to investigate claims from various quarters of ability to meet the total local market need for tomato paste made by individuals who claim to have large farms in Jigawa while their factories are located in Lagos. “Anyone in the tomato processing industry knows that once you plan to locate a tomato processing factory outside 10km radius of your source of fresh tomato, you cannot attract funding from multilateral finance institutions, let alone when a factory is located about 3-days journey away from the source of fresh tomato. “Once the tomato bulbs come off the stalk of the plant, it must get into the processing machine within 24 hours, otherwise the quality of the tomato paste to be produced will be poor,” an industry expert who does not want his name printed noted. CAL’s Backward Integration Plan An operator in the industry, Conserveria Africana Limited (CAL), with popular brands such as

Fresh tomatoes Gino and Promo, has however highlighted its plan to migrate from its present business model of manufacturing tomato paste from triple concentrate which is imported from the United States, to a fully integrated tomato processing plant. CAL said it has a fully researched work plan to produce the right quality and quantity of fresh tomato for onward processing into tomato paste, to meet Nigeria’s need for the product. The Chairman, CAL, Mr. Francis Ogboro, stated that the company has spent quite a fortune in the initiative, maintaining that backward integration is the way to go for Nigeria to boost the production of tomato and in the long run, support local production. The chairman during a guided facility tour of the company’s state-of-the-art factory, said: “There is huge money being spent on importation of tomato from outside the country and it is on this premise that we are championing the backward integration programme for tomato paste production. “If there is any local manufacturer where we can source our local raw materials, we have no business going outside the country to source for raw material, but unfortunately today, not one factory in Nigeria can produce triple concentrate. We realise that we can actually feed the whole West African countries from Nigeria. This resulted in our quest to look at backward integration. We have spent a fortune in this project and we have gone a long way.” In his words, “The yield per hectare for producing tomatoes in Nigeria is about 5 to 6 metric tonnes per hectare whereas other tomato producing countries produces about 50 to 60 metric tonnes per hectare. This is one issue we have in Nigeria and we see that we can overcome this challenge. To improve the yield per hectare will take a longer time which would also require an agricultural reform. Increasing the nation’s yield per hectare from 6 metric tonnes per hectare to about 60 metric tonnes cannot happen within two years, but would require a continuous process. Other factors affecting tomato production in the country includes the lack of vast land holding of farmers and this has made it difficult to do an automated and controlled farming. Controlled farming techniques could be into seeds, types of fertilizers, farming practices.” Also speaking at the event, the General Manager of the company, Mr. Zaki Anwar,

added that as part of its plans to backward integrate, the company hired an agronomist to visit tomato growing States in the country in order to get the right yield, stressing that it jointly employed a group of scientists that have developed a particular seedling required to boost the required type of yield for tomato paste production scheduled to arrive the shores of the country in August. “We also have a pilot programme in Katsinna and have zeroed in all the farmers into a cooperative to provide seedling. We are the first company to think of backward integration. We are planning to convert everything we import to locally sourced. Our backward integration policy is very active and we have spoken to our stakeholders, but one major factor hindering the initiative is the lack of clarity in the policies of the federal government,” he said. The Chairman stated that the company was established 12 years ago and pioneered the manufacturing of locally reprocessed tomato paste in flexible packages in Nigeria investing excess of N5 billion in the Nigerian economy, adding that the company is the licensed producer of popular ‘GINO’ and ‘POMO’ branded tomato pastes in Nigeria with presence in 24 countries in west and central Africa including Nigeria, Ghana, Benin, Togo, Angola, Cameroon, DRC Congo and many others. He noted that all GINO products maintain the same product quality standard and production practices across the countries it operates complying with international standards and best manufacturing practices, while also emphasising that the company’s tomato brands are the purest forms of tomatoes in sub-Sahara Africa produced without adding any additives or colour with the triple concentrate tomato paste raw material imported mainly from the United States, China and other European countries including Italy, Spain. “All our machines and respective spares are manufactured and procured from only Europe (precisely Italy) with highest quality standard possible among industry. Our management and staff are highly qualified, experienced and well trained both locally and internationally with the additional benefits of exposure to professional career training exchange programs between our staff members in various countries of our presence so as to compare notes on product quality standards, knowledge, skills, processes and procedures. Apart from being ISO and NAFDAC certified, our products are

of top quality standards and offer extra food value to our esteem customers retaining the freshness of the fresh tomato and additionally provide the needed extra thickness in stews and soups,” he said. He drew the attention of the Joint Committee to the Central Bank of Nigeria (CBN) circulars of June 23, 2015 and June 30, 2015 which invalidated the allocation of foreign exchange for the importation of 41 items including triple concentrate tomato paste (HS Code - 2002, 9011.00) which is the major raw material for the tomato paste. According to him, “Although Conserveria is not against this policy which is geared towards encouraging local production but we are concerned about the timing and the abrupt nature of the decision which seems not to have fully considered the actual situation on ground specifically as it relates to facts and figures on tomato production, processing and packaging in Nigeria. We are at loss on the why CBN suddenly came up with a policy of these monumental adverse effects on the tomato real sector of the economy without reasonable notice period or initial interaction with the major players in the sector. There is currently inadequate primary processing capacity to meet the country’s requirements of triple concentrate tomato paste for industrial use.” He appealed to the federal government to temporary delist triple concentrate tomato paste (HS Code - 2002, 9011.00) from the list of 41 items considered till Nigeria bridges the wide gap between local tomato production and the level of consumption which is anticipated to be achieved in the next two years. However, the leading multinational manufacturer and undisputed market leader of tomato paste in Nigeria, called on the federal government to save the tomato industry from total collapse through factory shut downs, saying this situation is capable of having adverse effects on the economy. The company made this call when the Co-Chairman and members of the House of Representatives Joint Committee on Healthcare Services/Drugs and Narcotics visited the company’s state-of-the-art manufacturing plant in Lagos, stating that the joint Committee’s visit to the company was part of their oversight functions specifically in continuation of their investigation of the alleged importation of fake, substandard and cancer-causing tomato pastes into Nigeria.


27

T H I S D AY • TUESDAY, AUGUST 9, 2016

BUSINESSWORLD

INDUSTRY

FG to Establish Skill Acquisition Centres for Agric Devt Crusoe Osagie Worried by the high level of unemployment rate which experts claim has hit about 30 per cent, the Federal Ministry of Agriculture and Rural Development (FMARD) has an-

nounced plans to establish skill acquisition centres to engage youths with agricultural skills to earn a living and address future food shortages in the country. The minister noted that with an anticipated increase

in Nigeria’s population, which he put at 500 million by the year 2050, there is need for government to engage the nation’s teeming unemployed youths in agriculture by setting up skill acquisition centres to reduce the unemployment level in Nigeria.

The minister of Agriculture and Rural Development, Chief Audu Ogbeh disclosed this during a meeting with the management of Triton Aqua Africa Limited in Abuja He noted that the federal government had already acquired 100

hectares of land at Gaobe, in Kuje Area Council of the Federal Capital Territory (FCT) for the establishment of the skill acquisition centres According to the minister, “The young people are not happy with us, we need to

find jobs for them, the Africa economy is not doing very well, oil and gas will not employ a million workers at the best of time and we are heading for 500million people in 34 years, these young people want to work.

Roche, Old Mutual Partner on Insurance Product for Terminal Illnesses In a bid to increase awareness and enrollment of individuals on life and health insurance, Old Mutual Nigeria and Roche Products Limited have signed a memorandum of understanding for the creation of a Terminal Illness Insurance product that will provide insurance cover on various terminal and life threatening diseases such as heart attack, stroke, cancer, major organ transplant, kidney failure and comas. Non-communicable diseases (NCDs) cause almost two-thirds of all deaths in resource limited countries, approximately 23 million each year, which is higher than the total number of HIV deaths worldwide each year. In Nigeria, NCDs have a rapidly increasing rate of incidence and mortality and cancer is the leading cause of death from these diseases. Lack of funding was identified as a major contributor to the high mortality rate, as patients are unable to pay for adequate care, often resulting in financial catastrophe for many middle income families. Current health

insurance/ HMO packages in Nigeria today do not cover the comprehensive treatment of these diseases, forcing patients to pay out of pocket. Indeed in Nigeria and the world over, management of these diseases cannot be funded out of pocket because of high costs. As the government seeks to find solutions to these challenges, the citizens can secure insurance products like this to protect their families. Speaking at the MOU signing ceremony, the Managing Director of Old Mutual Nigeria Life Assurance Company Limited, Mr. Keith Alford said: “This product aligns with Old Mutual Nigeria’s focus as a responsible business that provides tailored and meaningful support by addressing the issues that are relevant to the sustainability and strengthening of the communities in which we operate, thereby contributing to their positive future. We are therefore happy to partner with Roche Products Limited to do great things”. He stated that ‘’being re-

sponsible to our community is just one of the five pillars that form the foundation of Old Mutual’s business, other pillars include being responsible to our customers, our employees, our environment and our investment.’’ Alford on his part stated that the issue of low awareness will also be addressed with this product, adding “unfortunately, many Nigerians do not consider insurance as a necessity and

our aim with this product is to help them see the long term value in being protected by insurance. This will also be a tool for us to educate Nigerians on the importance of insurance with the aim of increasing the uptake of life insurance policies.” Elaborating further on the benefits of the terminal illness insurance product covering diseases like Breast Cancer

and others targeted in this product, Country Manager for Roche Nigeria, Herman Addae said: “Ground-breaking advances in medical science are only meaningful if they reach patients. With access to healthcare, the Nigerians will have the ability to build the future they want for themselves and their families. At Roche, we are committed to collaborating with relevant

stakeholders to help patients in Nigeria access innovative, lifesaving treatments through agreements such as this. As more patients start getting access to the required care, our expectation is that the mortality rate will eventually decrease.” With the MOU in place, both parties will proceed with development of the product, with the aim of launching to the public in 2017.

Glo Retains Leadership Position in New Data Subscribers In yet another confirmation of its leadership status in the data segment of the telecoms industry, the data grandmasters, Globacom, has once again beaten other operators to the top position in the area of acquisition of new internet subscribers in the month of June, 2016. This came to light in the latest figures released by the industry regulator for the month of June, in which the company has a total of 26,628,065 internet subscribers up from 26,355,391 in May.

According to the figures, Globacom has added a total of 272,674 new subscribers during the month to its data subscription. The figure represents a significant increment from the total number of subscribers gained between April and May. Globacom recored 49,124 new subscribers in April. Globacom was followed by Airtel, which recorded a total of 17,325,423 subscribers in June, up from 17,280,089 in May, which means Airtel added 45,334 new internet subscribers.

On its part, Etisalat had a total of 15,253,513 internet subscribers at the end of June, down from the 15,508,024 internet subscribers the operator had in May, thereby losing a total of 254,511 internet subscribers in one month. MTN Nigeria also lost a total of 134,609 within the month under review, recording a total of 32,974,177, down from the 33,108,786 internet subscribers that the operator had in May. With the industry total gain standing at 318, 008 new inter-

Executive Master Class on Beyond SurvivalDeveloping Winning Strategies in Turbulent Times, Public and Private Sector Perspectives

net subscribers, out of which Globacom alone had 272,674, the operator gained about 86 percent of the total internet subscriber acquisitions in the industry in the month of June. The sustained growth Globacom made in new internet subscribers acquisition is attributable to the innovative products and services the company has introduced in recent times. One of such is Jollific8 which gives subscribers eight times the value of their recharge.

patrners

illustrative faculty

Host: British Deputy High Commissioner Ahmed Bashir MBE Professor Rodria Laline

Chair of Interbond Capital & Visiting Professor Harvard, INSEAD and IESE

Rt. Hon Mark Simmonds

Deputy Chair Commonwealth Investment Council, Privy to the Queen of UK, Chair of Invest Africa, Former Minister for Africa and Foreign Commonwealth Office, UK

Themes to be covered;

1. Developing Wining Strategies: Agility, Expanding Value Chains And Efficiency- In Turbulent Times

2. Strategic Leadership For Superior Performance In Turbulent Times 3. Strategic Approaches To Navigating Headwinds In Challenging Times 4. Developing Innovation In The Board Room And Excelling In The Value Adding Process Venue: British Deputy High Commissioner’s Residence The British Residence 3 Oyinkan Abayomi Drive Ikoyi, Lagos Cost: £500 (payment could be made in Naira) Date: 11th August 2016 Time: 9.00am-4.00pm

RVSP: www.texem.co.uk or contact Dr Alim Abubakre t: +44 7983 128 450 | e: alim@texem.co.uk


28

T H I S D AY • TUESDAY, AUGUST 9, 2016

PROPERTY & ENVIRONMENT CMB-Virtikal Promises High Quality Manufacturing in Housing Projects High-grade technology makes it possible for discerning home builders to embark on housing projects, rather than on mere construction. CMB-Virtikal, a wholly Nigerian company, is now in possession of such expertise, reports Bennett Oghifo

C

MB-Virtikal, a Nigerian company, with Polish partners, is the next big thing in Nigeria’s construction industry that will set the stage for large-scale manufacturing of homes to fit all segments of the society. Prices will not be a problem with economics of scale. Besides, the technology to be employed is top-rate, the Polish partners have promised, explaining that they had done it elsewhere, most recently in Sweden. According to the Chief Executive Officer of Vertikal Sp. z o.o. Poland, Blazej Binienda, “We have been invited for the design and construction of facilities in Sweden. Above all, we are very pleased with the cooperation with CMB Nigeria.” Binienda, who addressed a media briefing, hosted at the Ikoyi, Lagos office of CMB through Skype, recently, said they were very keen to create a strong, modern company, providing high quality performance, and acting in accordance with Nigerian, European and international quality standards. He said due to the large distances between projects in different parts of the country, they would rely on the use of the latest communication technologies. “We would like to introduce an effective system of organisation in construction, quality management, meet stringent safety conditions and ensure environmental friendliness. Our goal is to create buildings that will be distinguished by attention to quality and durability, so as to get the best product on the market in its price range. “We believe that the Board of CMB has made a great choice in joining forces with a company from Poland. I have already mentioned that we have the highest skills and quality in Europe, but due to the fact that we are a dynamically developing country, our costs are much lower than in Western Europe, so we can offer very competitive services.” Long-term cooperation... He said, “We’re looking for long term cooperation on the Nigerian market and plan to expand to all of West Africa in the perspective of many years of development. We know that we can only obtain the highest quality through our employees. We want to carry out technical training, especially in specialized construction techniques for local staff, with whom we aim to share our experience.” He thanked the Management Board of CMB for their openness to cooperation and development, adding that he would like to see them work together not only in West Africa, but also start working with the Nigerian company in Europe. Binienda said his company has been present on the construction market since 1982. “We have been active in the design and construction of buildings and infrastructure both in Poland as well as abroad.” He said over the last thirty years, Poland have seen tremendous changes, both in its political make up and in its development. “Due to the fact that we are a dynamically developing country, in the context of the EU, we are aggressively expanding our infrastructure. “For example, in the last 10 years we have constructed approx. 3,000 km of new motorways and expressways, and tens of thousands of kilometers of roads have been upgraded. “We have built modern stadiums - especially for the European football championships in 2012. We have also built more than a million apartments and houses.” Polish citizens, he said were also active in building abroad, adding that they have built quiet a number of roads and industrial facilities in Arab countries. “Poles work on construction sites all over Western Europe, particularly in the UK and Germany where we have attained the opinion of being the best builders, thanks to the

Mbagwu

quality of our work, our diligence, efficiency and ability to execute on schedule.” Blazej Binienda said Vertikal has been involved in EU investments in Poland, as well as commercial ventures with great success. “We provide for both public procurement in terms of roads and infrastructure, and private commercial and industrial construction. “Both the technical skills of our company and quality of our work have been well appreciated abroad.” CMB’s choice... He said, “We visited Nigeria and we know that CMB is a very strong and dynamic developer implementing a number of large investments in many places of the country. We also noticed that the company CMB is very focused on the development and implementation of the best facilities for its customers. “We know that Nigeria is a big country, the largest economy in Africa, with huge development potential, with great needs in the construction of housing and infrastructure. It also has a lot of people involved, who want to change and develop their country.” CMB’s position... There is need for c collaboration between local and foreign companies for better performance and for capacity building, said Managing Director of CMB Building Maintenance & Investment Co., Mr. Kelechukwu Mbagwu, saying the days of one-stop-shop housing development companies were over. On the ranking of CMB-Virtikal in the nation’s construction industry, he said, Pure development will always have placed us within the first three top companies but with increased capacity in construction, our aim is to be number one. Give us a few years of this collaboration, a few years of proving to the Europeans that there is a lot of business, a lot of potential and there is a lot of good to come out of the partnership in

Binienda

Nigeria; I think we will be number one with the kind of resources that the Polish company has assured us that they have and proven to have is deployed in the country. I don’t think there is an organisation here that can currently match us. What we want to make sure we do is to encourage them to concentrate resources here and then you’ll see an explosion like never before. “In the next five year, I see us much bigger than Julius Berger. I see us as the biggest in the country and I see us starting to expanding our business and, our tentacles going into other African countries.” He said they will engage in road cconstruction because “That’s one of the key things we want to do. Virtikal is truly very strong in that area in Poland.” He said CMB used to build and sell off-plan but that it would not do so again. The onestop-shop has served its purpose. “It has been wonderful for us; it has brought us this far; we have delivered a lot but when we view the global problem and especially what has been highlighted in the past two years of economic stagnation, we realised that these baby steps are not going to get us anywhere. If we want to be able to change anything then we need the kind of capacity that, right now, we just don’t have and that is why we are importing it; you need to develop it yourself or bring it from outside. We realised that developing it ourselves is going to be very tedious and the model that gave birth to CMB growth is getting to be outdated by a proliferation of ‘cowboys’ who have come into the industry. But, we have looked at everything and have seen that it is not quite achieving its purpose.” He explained that if there was economic downturn like was being experienced in the last two years it could actually go crashing. “We are talking to what the minister wants, which is infrastructural development which will in fact create the enabling environment that we

are talking about. An then mass production at speed that is not yet possible wit us.” The new company, he said would have various departments, stating that CMB-Virtikal would takeover construction operations from CMB. “CMB-Virtikal will be like our contractors and, of course, they will still get their own jobs. An Oyster Management Company is coming to be; it’s an independent company with it’s managing director, to handle the entire maintenance portfolio. “So, we won’t be playing that role either; the security arm is Steel Guardian. The parent company, CMB will be able to concentrate on getting the jobs and ensure continued progression.” On the issue of maintenance fees that is always a problem in most estates, Mbagwu said they manage it with a lot of difficulty. “One of the things that we have found, unfortunately we didn’t know this before we went in, is that there is usually a determined group of people who do not want to pay for anything. If you want to charge N10 as service charge, they’ll still complain not only about the charge but also about your services. This why we are creating a separate entity and management to handle it.” Mbagwu said he always tries to be the best at what he does. “If we run CMB as a construction company, can we be the best management company in the business- no, because our concentration will never be total but we have capable hands, dedicated professionals, who will take the ball and run, and I believe that those issue could be handled.” He said he naively believed at the beginning that if people see something good, then they will tap in; the majority will tap in but there’s a determined minority that won’t and will do everything to practically frustrate you. I do not subscribe to conflict between you and your client because it doesn’t help business, but I do subscribe to professionalism and highly focused individuals trying to do what they know best; that’s why we are doing this collaboration.


29

T H I S D AY • TUESDAY, AUGUST 9, 2016

PROPERTY & ENVIRONMENT

Lifestyle Property Development, Launches RIVIERA Waterfront Residence in Accra Fadekemi Ajakaiye 3INVEST a real estate investment company, in collaboration with Lifestyle Property Development (LPD), Ghana is proud to introduce to Nigeria the Riviera Residence waterfront apartments in East Legon, Accra. Riviera residence is a unique mixed-use development encompassing an all-inclusive city living lifestyle, offering living, play and leisure experience overlooking a magnificent man-made lake. Riviera Residence development has become the most sought after waterfront address in Accra with 78 apartments consisting of studios, 1 Bedroom, 2 bedroom and 3 Bedroom units as well as Penthouses, with lakeside views seen through the high ceiling to floor windows and splendid balconies. The Riviera Residence lies within the thriving suburb of East Legon, which is fast becoming the jewel of Accra, and is close enough to the Katoka International Airport. Speaking at the recent launch of the project in Accra, The CEO of 3Invest, Ruth Obih stated that Riviera Residence would make a good real estate investment because of the location and competitive price.

We are offering a once in a lifetime real estate opportunity that we believe will be transformational,” says Ernest Hanson, Director at LPD. “We are creating a new housing solution targeting a higher proportion of international investors. No other development in Accra can offer you waterfront city living at prices that we believe are extremely competitive.” The developer believes this landmark development caters more to the budget of aspiring homeowners and savvy investors. According to the property website, Lamudi, East Legon is an area in high demand - 21 percent of online searches for the property are for East Legon. The Riviera Residence lies within the thriving suburb of East Legon, which is fast becoming the jewel of Accra, and is close enough to the Katoka International Airport, most desired for tranquil living away from the congestion of inner city dwelling. Riviera Residence lakeside apartments offer unbeatable value for money and is well located for work, living and relaxation in close proximity to A&C mall, a University, banks, and schools. In terms of facilities, this 5-storey development boasts of ample

covered parking space, 4-storey high infinity swimming pool, backup water reservoir, fitness centre, a fully secured children’s play area and a multi-purpose clubhouse, which can be booked for private resident functions. Due for completion, last

quarter of 2016, the Riviera Residence is designed and managed by Lifestyle Property Development (LPD) a real Estate company, with proven experience in property development and management with outstanding residential projects

to their credit such as Beaufort Ridge. They are also responsible for the fit-out of offices in One Airport Square. 3Invest has been appointed as the exclusive partners to market Riviera Residence in Nigeria to promote the development

to savvy investors and homebuyers looking to own foreign properties, in the country. The value of this property allows for investor yield of 10% to 20% at current market rates and guarantees strong rental demand.

L-R: Managing Partner, Leaps and Bounds Partners Limited, Mr. Olumide Oyetoyinbo; Dr. (Mrs.) Nadu Denloye; Chairman, Leaps and Bounds Partners Limited, Mr. Tayo Adewunmi; Mr. Olufisayo Okunsanya, all guest speakers at an Enterprise Clinic event promoting SME in Nigeria... recently

Bankole:SmartCityProjectWouldAttractMoreInvestmentOpportunities to Lagos State KAB Construction Company is one of the constructions companies working in the Smart City Project, which was recently flagged off by the Lagos State Governor, Akinwunmi Ambode. The Chief Executive Officer of the Company, Engr. Kehinde Bankole, speaks with Ugo Aliogo about the role the company is playing to ensure the project becomes a success. What is KAB Construction all about? KAB Construction as the name implies is actually a construction company which means Kehinde, Alex, Bankole Company. It is into real estate, road construction, designing and building houses, developing small scale houses for individuals and sales of landed property across the country. What are the projects that you have done so far? The name behind KAB construction is old when it comes to construction. We have a smaller company which gave birth to KAB construction which is Dexco Construction. Dexco construction has been involved in the construction of so many gardens in Lagos such as Lekki Gardens, Still Gardens, Opic Estate in Ogun state, and Osun state. In Lagos state, the Iyana-Ipaja Ayobo road was constructed by KAB Construction. Presently, we are into clearing of some acres of land in Lekki-Ibeju area and we are also working on a very massive estate owned by one of the industrialists from Osogbo, Osun state. Are the acres of land you are clearing in Ibeju-Lekki owned

by you? The plots of land is for sale. It is a project that will be developed into an estate in months to come, but we have just started with the clearing. The name of the estate will be called KAB luxurious estate. Due to the development drive Lagos State Government is bringing to that area, we decided to concentrate on that area. We are already setting up some plots of land. What are the development efforts that make the place very attractive to you? When you look at the administration of Governor. Akinwunmi Ambode, you will notice that he is very much interested in the development of the state. He recently flagged off Smart City in Ibeju-Lekki. There are also free trade zone, the Dangote refinery, the airport coming up and other new projects also coming there. The road is being constructed by the state government. Therefore it is important for investors to come and invest. What motivated you to tow this line of building and construction business? My background plays a key role. I’m an architect and a civil engineer; I am not in the wrong place. It is what I enjoy doing

Bankole

and find pleasure in. Though I started my career as a banker, but I was not fulfilled as a banker, so I resigned to take up construction. It has been very wonderful. I love designs and constructions. What is your assessment of the construction industry in Nigeria? Well, the construction industry in Nigeria is still growing. Most people are still going into construction business. We have quite a bulk of budget going into infrastructure, but we are hopeful that they are developed as expected. There is

still much room for development in the construction company in Nigeria. There are some many things to be done, the government needs to come to the aid of contractors and developers. There is a very urgent need to give our state a facelift. Lagos state is still behind when comes to infrastructure. We are hoping to get there. What are the challenges the sector faces and where do want government to assist? As a construction company and an engineer, we are faced with a lot of challenges. It is quite unfortunate that the government

of the day prefers to give their jobs to foreign engineers with little or no industrial reputation in their country, instead of patronising the indigenous contractors. You cannot develop an indigenous contractor if you don’t give them a chance. It is an area government needs to look into. It is high time government expressed confidence in the indigenous contractors and engineers because they can perform better than the foreign-based engineer. Most of the foreign-based engineers makes use of our expertise. In real estate, we are faced with lots of challenges such as Land acquisitions. Government needs to come to the aid of developers. Government should create an enabling environment that can help in the areas of acquiring lands and give it to willing developers who are ready to develop in order to give the city a face lift. The cost of acquiring land is high. This is why you see lands are scattered and it is not been developed. In the Ibeju-Lekki property, what type of development are you looking at? We have a very beautiful masterpiece for that project which is going to be great.

We are also putting up a five star hotel in that area just to accommodate the people coming into the area. The estate will be guided by well-placed Closed Circuit Television (CCTV) camera for security purpose. It is going to be tarred, paved and interlocked. The land will be sold as service plot while the next phase will be developed into a fully detached duplet, semi-detached duplet and a block of luxurious flats. We have well over 600 plots cleared. We have thousands of plots, and clearing is still ongoing. What are the aspirations of KAB Construction Company? I see KAB Construction Company dislodging all the companies in Africa the next five years. The company will become one of the leading companies by the grace of God in the next five years. How is foreign exchange policy of government affecting your business? It is not just our business. Every sector is affected, most of the equipment we use have to be bought from abroad. It is affecting us in no small means but we will survive. Government can do better, they should try and do what is right


30

T H I S D AY • TUESDAY, AUGUST 9, 2016

PROPERTY NEWS

Nigeria had a Sluggish Economic Growth of 2.8% Since end of 2015, Says Report Bennett Oghifo Nigeria has had a sluggish economic growth of 2.8% since the end of 2015, according to the 2016 African Economic Outlook (AEO). The African Economic Outlook is produced annually by the African Development Bank (AfDB), the OECD Development Centre and the United Nations Development Programme (UNDP). The 2016 African Economic Outlook (AEO) was launched by the Nigeria Country Office of the African Development Bank at an outreach event held last week at the Ahmadu Bello University in Zaria. The Nigerian economy has been adversely affected by external shocks, in particular a fall in the global price of crude oil, said the report authors, Robert Asogwa, Barbara Barungi, Ojijo Odhiambo, and Alemu Zerihun. The report says, “Growth slowed sharply from 6.2% in 2014 to an estimated 3.0% in 2015. Inflation increased from 7.8% to an estimated 9.0%. The sluggish growth is mainly

attributed to a slowdown in economic activity which has been adversely impacted by the inadequate supply of foreign exchange and aggravated by the foreign exchange restrictions targeted at a list of 41 imports, some of which are inputs for manufacturing and agro-industry.” This, the report says, has resulted in cuts in production and shedding of labour in some sectors. “However, with the increasing policy concern over the decline in growth, the central bank has moved to reduce the cost of borrowing for government and the private sector to stimulate the economy.” The authors said the 2016 outlook is for slow economic recovery as some of the reforms begin to take effect and measures to boost the economy, such as increased spending on infrastructure, are implemented. “Some specific reforms pursued by the new administration to lay a foundation for renewed growth are commendable. The key reforms include the rationalisation of the public

sector in order to cut the cost of governance; enforcement of the single treasury account to block financial leakages; renewed efforts at enforcement of tax compliance; preparation for zero-budgeting starting in 2016; and increasing the ratio of capital to recurrent expenditure to 30:70.” Security, the report notes, remained a major challenge, in the northeast in particular. “While the military has stepped up the fight against the Boko Haram insurgency the humanitarian situation has continued to deteriorate. The number of internally displaced persons is estimated at over 2 million, located mainly in the cities where conditions are safer. Both the government and development partners continue to explore additional ways of

improving the situation.” The publication covers all 54 African nations, with individual country notes and corresponding statistical annexes. Nigeria’s case formed the basis for exchange of views on the AEO, as well as deliberations on prospects for the Nigerian economy. At the time of the report launch, Barungi reported that the economy had contracted further by 0.36% in the first quarter of 2016, while inflation continued to rise, standing at 16.5%. Policy reforms by the new administration are highlighted, and they include strong fiscal policy, improvements in public sector transparency and accountability, as well as adoption of a more flexible exchange rate. The theme of the 2016 AEO is

Sustainable Cities and Structural Transformation. The report looks closely at Africa’s distinctive pathways towards urbanisation, and how this is increasingly shifting economic resources to more productive activities. Nigeria has been rapidly urbanising, with fast-growing cities such as Lagos and Kano facing increasing unemployment and income inequality due to poor urban planning and weak links between structural transformation and urbanization, say the report. “Urbanisation is a megatrend that is transforming African societies profoundly. However, this is not accompanied by structural transformation, and therefore industrialisation remains rather slow. Two-thirds of the investments in urban infrastructure

until 2050 are yet to be made,” the report adds. If harnessed by adequate urban planning policies, urbanisation can help advance economic development through higher agricultural productivity, industrialisation, services and foreign direct investment in urban corridors, the authors said. “Sustainable cities can only be driven by structural transformation if there is an integrated approach to urban planning. It is expected that the Federal Ministry of Power, Works and Housing will review the urban development policy and work with other line ministries to improve service delivery and chart a way forward for tapping into the opportunities provided by the growth of cities in Nigeria.

`Infrastructure is a strategy not an Economic Stimulant` Bennett Oghifo Infrastructure should not be viewed as a stimulant of the economy but as a strategy for development, Lagos State Commissioner Ministry of Works & Infrastructure Engr. Ganiyu A. Johnson has said. “We need to stop thinking about infrastructure as an economic stimulant and start thinking about it as a strategy,” Johnson said at the 2016 extra-ordinary general meeting of the Association for Consulting Engineering in Nigeria, held recently in Lagos. He quoted Roger McNamee, “Economic stimulants Produce Bridge to nowhere. Strategic Investment in infrastructure produce a foundation for long - term growth. The theme `Guiding Firms on Consultants Selection and Contracts,` of the event, he said was being used to showcase the inherent capacity existing in the consulting engineering sector of the economy and to further enable the building of synergies between stakeholders, adding that this was a very laudable venture. He said the current global trend in engineering necessitates the exposure of all in the engineering family to state-of-the-art technologies deployed globally to execute infrastructure projects in power, infrastructure, telecommunications, energy and hydrocarbon etc with a resultant cost savings, durability, minimal hazard, quality and timely delivery of such projects. He said under the present administration in Lagos State there was still a lot of attention and importance given to the development and facilitation of world class infrastructure to support the State’s growing population and serve as the critical development driver of the State’s vision of being Africa’s Model Mega City,

global economic and financial hub. “Lagos State is and will continue to be a land of opportunities and as such it is our responsibility to provide an enabling environment for individuals and corporate entities to realise their goals and objectives. “Infrastructure provision we know requires the commitment of enormous resources in terms of money, time and manpower to provide effective and sustainable services. Successive governments in the State have over time committed and will continue to commit huge resources to provide these infrastructures evident all over the State. In this age and time where resources are getting scarce and there are contending demands on government funding, it thus behoves on the practitioners in the sector to explore opportunities for the sustainable provision of such durable and effective service. The government, he said was committed to opening the economy and to improve on the rate at which it served the people of Lagos State. The Lagos State Government, he said embarked on some iconic projects while several key others have been identified to be implemented through Public-PrivatePartnership. “It is the belief that there is a need to allow private sector investors with requisite experience showcase their inherent potential in their sector of comparative advantage while the state government will provide the necessary enabling environment. “The positive synergy embedded in PPP will properly dimension and align the risk inherent in the project and allocate such risk to the best partner for mitigation. This procedure enables sustainable service delivery, and value for money on such projects is justifiable.

L-R: Managing Director, Association of Consulting Engineering of Nigeria (ACEN), Abolaji Ogunsanya; ACEN immediate past president, Temilola Kehinde; Director, Project Monitoring, Ministry of Works, Lagos State, Lekan Shodeinde,

Help Fix Our Roads, Lagos Nigeria Joins over 74 Others Communities Beg LASG for Real Estate, Investment Expo in Germany Residents of Igbo-Efon, Ogombo, Okun-Ajah, OkunAlfa, Lafiaji, Mopol and Mopol-Iwaju communities of Eti-Osa Local Government Area of Lagos, have called on the state government to construct access roads and repair the un-motorable ones. This call was in Lagos yesterday by the Akogun of Awori Land and the Managing Director of Atican Beach Resort, Prince Atiku Abogun. He called on the federal, and Lagos State governments to come to the aid of the affected communities by constructing the proposed service road that would open up the coastal towns in order for residents to be able to connect with civilization. Abogun lamented that “the governments have refused to do anything. They are only interested in forcefully taking over our ancestral land and share it among themselves. We need good roads for the communities to be opened up. As a people, we have done everything for them to come to our aid.” The prince of Igbo-Efon bemoaned the neglect the communities are suffering,

while noting that, “The current crop of leadership does not believe that human beings are living in these areas. They have been working on the Lekki-Epe Expressway expansion for more than ten years now, but it took the administration of Alhaji Lateef Jakande just a little over four years to construct the same road in the early 80s.” He explained that “right from the Abraham Adesanya Estate to the sea is always flooded whenever there is a slight shower not to talk of when it rain heavily. The rains have continued to wreak havoc in the Ajah area of the state, making any form of movement difficult.” The Akogun of Awori land suggested that the state government should channel the flood water to the nearby sea. He said: “With all the down pour in Lagos, let’s the government channel some of the flood to the Lagoon and sea. This will help mitigate the hardship that had crippled business activities. Our roads have become River Niger to the extent that flood is now living with us in our homes.

Nigerians will join over 18,985 visitors, including decision makers, to the 19th International fair on Real Estate and investment scheduled to hold from October 4-6, 2016 in Munich, Germany. Niche PR & Events, a Lagosbased public relations company is working closely with MESSE MÜNCHEN INTERNATIONAL and Trade and Fairs Consulting, Germany to recruit participation from Nigeria. Niche PR will recruit participants from Nigeria, handle all logistics required to ensure that Nigeria is well represented at Expo Real 2016. To attract needed B2B to the Nigerian participants, Niche PR has invited key industry players to sponsor the Nigerian exhibition booth under the African pavilion. The essence of having a booth dedicated to Nigeria is that 75% of visitors are decision makers and will visit the booth to discuss and conclude businesses. In addition there will be forums with 80 conferences, panel discussions and symposia with 400 recognised experts discussing bank financing and refinancing among other topics. Expo Real is the largest

business to business expo for property and investment in Europe since 1998. The focus this year will be on commercial property: office, retail, hotel, logistics, health, infrastructure and residential property for institutional investors. Profile of attendees include real estate developers, architectural and planning firms, lawyers, investment companies, asset managers, real estate financiers, universities and colleges, banks, fund companies, tax advisors, mortgage finance institutions and property consultants. According to Niche PR, invitations have been extended to stakeholders in private and public institutions that are related to real estate and financing to take up a stand at the African pavilion to facilitate one-on-one business networking meetings between international financiers looking to doing business in Africa and the Nigerian delegation. For exhibition of products and services, there will be 1,707 exhibiting companies. A projected number of over 37,853 participants comprising 18,985 visitors and 18,872 exhibitor’s representatives will be in attendance.


31

T H I S D AY TUESDAY AUGUST 9, 2016

Advertorial

OGONI CONSCIENCE & DEVELOPMENT NETWORK N0. 32 Wiiyakara, opposite School To Land, Bori, Rivers state

OPEN LETTER TO PRESIDENT MUHAMMADU BUHARI Sir,

OGONI’S REJECT THE CONSTITUTION OF THE BOARD AND ADVISORY COUNCIL ON UNEP REPORT IMPLEMENTATION, DEMANDS A DISSOLUTION AND RECONSTITUTION OF SAME TO SAVE IT FROM EXTERNAL ETHNIC HIJACK (WALE EDUN, PERSONAL ASSISTANT TO SENATOR BOLA TINUBU FROM WEST AND AMINA MOHAMMED FROM THE NORTH).

STOP OGONI CLEAN UP FROM ETHNIC HIJACK AND STRANGERS. We the leaders and members of the aforementioned organization wish to commend the president of the Federal Republic of Nigeria. President Mohammandu Buhari for taking a bold step for the implementation of the UNEP report in Ogoniland, this goes a long way to prove that Mr. President is a man of his words. To keep the power dry on why we write this letter, in the words of Late Ken Saro Wiwa, in one of his books titled, “A song in a time of war” I quote “cursed be the hands that contrives the law, that the land of my fathers, the blood of my people belongs to all, but; what belongs to all does not belong to me”. In the light of the above quotation Sir, this organization is raising a red flag against the appointment of one Mr. Wale Edun from the west, who is a Personal Assistant to Senator Bola Tinubu as chairman of the Board of Trustee and Amina Mohammed from the north as chairman Governing Council; as it is not acceptable to the Ogoni people with the following reasons: 1. This is an Ogoni matter in its entirety and cannot be handled by strangers, who know nothing about the Ogoni struggle and have played no role in the emancipation of the Ogoni ethnic nationality. 2. The Niger Delta region does not only boast of beautiful sea shell from our sea shore, the Niger Delta region is rich enough with professionals that can handle these positions of both chairman of the board and the Governing Council of the UNEP report Implementation in Ogoni land. 3. The Ogoni people will not hesitate to go in protest should the federal government under the leadership of President Muhammadu Buhari fail to review its position on this matter. May we state for the umpteenth time that this development is not only a betrayal and most humiliating one but an indication that these whole arrangement is nothing but politically motivated to the detriment of the deprived and suffering members of Ogoniland because of cheap politics. 6. That it will be in the overall best interest of the of both the Federal Government to take necessary steps and DISSOLVE THE TWO units of Board and Governing Council chairmen WHO ARE NEITHER OGONIS NOR NIGER DELTA, so as to salvage the situation that is capable of heating up Ogoni land and the rest of the Niger Delta the moment Ogonis get to understand the full picture of this political gang up. 5. Finally, we are calling on the entire Niger Delta region and the International community to come to our rescue as we do not understand the plans of the federal government by these appointments which is nothing short of a hijack by Senator Bola Ahmed Tinubu through Wale Edun and Amina Mohammed along with their allies in our midst. The question then again is: If they claim there are no qualified hands in Ogoniland to man these sensitive positions, are they also telling us that the Niger Delta region as a whole does not also have credible persons to man these positions? Why strangers? Lets not forget that our fathers faught, suffered and died for this course, or are these appointments another trap set for the Ogoni people for them to get a ground for an excuse if they fail? Mr. President kindly review this appointments as the Ogoni conscience and development network will strongly say no to these appointment. MR. LEDUM GBARANEE

COMR. GIFTSON BATAM.

Chairman

Secretary

For and on behalf of the organization.


32

TUESDAY AUGUST 9, 2016 T H I S D AY


33

T H I S D AY TUESDAY AUGUST 9, 2016

LUXURY CONDOS AND TOWN HOUSES IN

IKOYI, LAGOS

DELIVERED LAGOS RESIDENCES INCLUDE: - Adejoke Court, Parkview Ikoyi - Emmanuel’s Court 1, Parkview Ikoyi - Grace’s Court, Parkview Ikoyi

- Solomon’s Court, Onikoyi Layout, Banana-Island, Ikoyi - Victor’s Court, Parkview Ikoyi

CALL FOR MORE INFORMATION

08023007777

07030002255

*Amounts Displayed are 1st Installment Payments


34

TUESDAY AUGUST 9, 2016 T H I S D AY

www.dangotecement.com

@DangoteCement


T H I S D AY TUESDAY AUGUST 9, 2016

35


36

TUESDAY AUGUST 9, 2016 T H I S D AY


37

T H I S D AY TUESDAY AUGUST 9, 2016

SMIS CBN Special Intervention of 05/08/2016

BANK NAME: FIRST BANK OF NIGERIA LIMITED

RETURNS ON SOURCE OF FUNDS SOLD TO CUSTOMERS FOR THE WEEK ENDED FRIDAY 05/08/2016 S/N

SOURCE

DATE OF PURCHASE

EXCHANGE RATE

AMOUNT

1

AUTONOMOUS

1-Aug-16

316.00

2

AUTONOMOUS

1-Aug-16

316.00

1,000,000.00 21,248.31

3

AUTONOMOUS

1-Aug-16

316.00

125,804.03

4

AUTONOMOUS

1-Aug-16

316.00

10,227.50

5

MONEY TRANSFER

1-Aug-16

316.15

28,574.22

6

MONEY TRANSFER

1-Aug-16

316.15

422.00

7

NAIRA VISA CARD CREDIT

1-Aug-16

311.00

7,555.38

8

NAIRA VISA CARD CREDIT

1-Aug-16

311.00

5,460.78

9

CBN (FX FUTURES)

1-Aug-16

244.00

20,135,218.00

10

AUTONOMOUS

1-Aug-16

311.00

444,828.00

11

AUTONOMOUS

1-Aug-16

316.00

121,331.81

12

AUTONOMOUS

1-Aug-16

280.50

64,413.50

13

INTERBANK

1-Aug-16

315.50

2,000,000.00

14

AUTONOMOUS

1-Aug-16

280.50

44,080.00

15

CBN (FX FUTURES)

2-Aug-16

310.00

1,750,000.00

16

CBN (FX FUTURES)

2-Aug-16

310.00

1,232,880.00

17

CBN (FX FUTURES)

2-Aug-16

280.00

1,340,092.00

18

CBN (FX FUTURES)

2-Aug-16

244.00

500,000.00

19

INTERBANK

2-Aug-16

311.00

500,000.00

20

AUTONOMOUS

2-Aug-16

316.00

5,854.44

21

AUTONOMOUS

2-Aug-16

337.00

3,000,000.00

22

AUTONOMOUS

2-Aug-16

280.50

120,117.04

23

AUTONOMOUS

2-Aug-16

315.00

4,279.02

24

AUTONOMOUS

2-Aug-16

315.00

113.63

25

CBN

2-Aug-16

312.00

5,000,000.00

26

AUTONOMOUS

2-Aug-16

280.50

14,353.64

27

AUTONOMOUS

3-Aug-16

316.00

11,847.17

28

MONEY TRANSFER

3-Aug-16

320.05

56,863.02

29

MONEY TRANSFER

3-Aug-16

320.50

42,800.57

30

MONEY TRANSFER

3-Aug-16

320.05

754.92

31

MONEY TRANSFER

3-Aug-16

320.50

492.91

32

AUTONOMOUS

3-Aug-16

316.50

152,030.00

33

AUTONOMOUS

3-Aug-16

200.00

200.00

34

AUTONOMOUS

3-Aug-16

280.50

200,000.00 100,000.00

35

AUTONOMOUS

3-Aug-16

280.50

36

AUTONOMOUS

3-Aug-16

280.50

2,064.00

37

INTERBANK

3-Aug-16

310.00

1,000,000.00 500,000.00

38

INTERBANK

3-Aug-16

310.00

39

AUTONOMOUS

4-Aug-16

316.00

28,055.09

40

AUTONOMOUS

4-Aug-16

343.50

2,000,000.00

41

CBN (FX FUTURES)

4-Aug-16

285.00

896,731.07

42

AUTONOMOUS

4-Aug-16

280.50

100,000.00

43

AUTONOMOUS

4-Aug-16

280.50

120,067.72


38

T H I S D AY •TUESDAY, AUGUST 9, 2016

BUSINESS/MONEYGUIDE

IFAD: Agriculture, Key to Future Prosperity Investing in agriculture and farming technologies will help to change the perception that young people have of farming, making it an appealing career choice that also contributes to the long-term development of rural communities. The President of the International Fund for Agricultural Development (IFAD), Kanayo F. Nwanze, said this when he visited Senegalese leaders recently. With more than half of Senegal’s population under the age of 20, creating employment opportunities for youth needs to be high on the nation’s agenda; Nwanze was quoted to have said in a report. “We need to give young

people a good reason to stay in rural areas,” Nwanze said. “Young people are Senegal’s greatest resource and are the key to the country’s prosperity. We need to channel our investments so that rural areas become vibrant, economic centres that offer attractive employment opportunities.” Nwanze said prior to his visit. While agriculture remains the main source of employment and income for about 70 per cent of the population, most of Senegal lies within the drought-prone Sahel region, with dwindling natural resources. Nwanze said that given these natural and climate-related challenges, it is worth not-

ing that the government has boosted its rice production by investing in simple technologies that farmers can use to manage water resources and improve seed varieties. “IFAD will continue supporting the government strategy for long-term agricultural investments that benefit rural women and men, including young people. This will lead to greater productivity and higher incomes which, in turn, will ensure future food security for the entire country.” IFAD invests in rural people, empowering them to reduce poverty, increase food security, improve nutrition and strengthen resilience.

AdVoice Audio Advertising Channel to Tap into $100bn Market Nume Ekeghe AdVoice is on the eve of launching Nigeria’s most effective audio advertising channel. AdVoice provides brands innovative ways to target audiences in real-time by leveraging untapped mobile channels in a similar fashion to digital advertising. At the same time, it offers Mobile Network Operators (MNO’s) inclusion into a $100 billion mobile ad industry. Revenues from the rapidly growing Mobile Advertising industry seem exclusively reserved for over-the-top-content (OTT) Publishers, leaving Mobile Network Operators (MNOs) the role of that of a carrier only.

A statement from AdVoice explained that it offers MNOs inclusion into a $100 billion mobile ad industry by becoming member of world’s first and largest MNO Ad Network. “AdVoice’s Demand Side Platform (DSP) is positioned as a complementary and alternative offering to OTT advertising. In doing so, MNOs could be monetising data, assets, channels and inventories that are truly theirs. “One such channel is the unutilised ring back tone. By serving Audio Ads to calling parties, MNOs tap into a global market that generates a potential 12 billion ad impressions daily. This is three times the number of internet searches. “By replacing the ring back

tone with highly targeted advertising messages, AdVoice unlocks 10-15 seconds of consumers’ undivided attention from a pool of over 140 million active mobile phone users in Nigeria. Subscribers will be rewarded for exposing callers to relevant ads and offers,” it statement added. The Chief Executive officer, Advoice, Mr. Dennis Oudejans said serving ads over the ring back tone has a wider reach than any other medium. According to him, the advertiser’s benefits include measurability, zero wastage, advanced targeting, captive audiences and lead generating capabilities as callers can express product interest by pressing a key.

Wema Bank Concludes Facebook Game Show Nume Ekeghe Wema Bank Plc said it successfully concluded its ground breaking ‘945 Game Show’ hosted live on Facebook. In the course of the game, every night at 9.45pm for 24 days, three winners emerged, winning cash prizes of N90,000, N40,000 and N50,000 in line with Wema Bank’s new USSD banking code *945#. “If I expected a bank to host a game show I wouldn’t think of Facebook. If I thought about Facebook, I wouldn’t think of Wema Bank. But Wema Bank has shown that with age comes wisdom,” a statement from the

bank quoted a Lagos-based Digital Marketing professional, AdekunleAdeniyi to have said. “Wema Bank has set the bar higher in terms of how banks market their products and reward customers who adopt new services.” Executive Director at Wema Bank Plc, Folake Sanu, who co-hosted the last episode of the game show said the game show was a wonderful platform to reward and encourage Wema Bank customers to use the bank’s new USSD banking code *945#. “Since its launch on July 7, *945# has made banking easier for Nigerians, a lot of whom

have adopted the service. The bank which has plans to open new branches across the country following a national banking license obtained last year, has been able to deploy its USSD banking platform to parts of Nigeria it is yet to reach. “With about 80 per cent of the Nigerian population owning a mobile phone, the new USSD banking platform has widened the reach of Wema Bank as confirmed by the 945 Game Show where winners emerged from all regions of the country. Over the past one month, tens of thousands of new accounts have been opened using *945#.

UBA HoldsValedictory Ceremony for Oduoza,Two EDs The United Bank for Africa (UBA) Plc has sent forth its former Group Managing Director, Mr. Phillips Oduoza and two retired Executive Directors- Mr. Femi Olayoku and Ms. Obi Ibekwe in a ceremony. The event, which held in the presence of stakeholders including customers, shareholders, Board of Directors, staff and associates, took place in Lagos recently. It had in attendance, top dignitaries from Nigeria and Africa, including the Emir of

Kano, His Royal Highness, Muhammadu Sanusi Lamido II, captains of industries like the MTN Chairman, Mr. Pascal Dozie as well as political leaders such as Governors Nasir El Rufai of Kaduna State; Okezie Ikpeazu of Abia State; Simon Lalong of Plateau State. Former governors were not left out of the roll call. Former Governor of Cross Rivers, Donald Duke, Senate Minority Leader and former Akwa Ibom State governor, GodswillAkpabio and former governors of Ogun

State, Chief Olusegun Osoba and Otunba Gbenga Daniels were in attendance. Regulators such as Mr. Abdul- Nashiru Issahaku, the Governor of the Central Bank of Ghana and Ibrahim Mahama, the brother of the President Mahama of Ghana also graced the occasion. Chairman UBA, Tony Elumelu, in his remarks at the occasion, paid tribute to Oduoza, describing him as “very cerebral, very diligent, loyal and astute.”

Rice farm

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

MARCH 2016 Broad Money (M2)

20,470,436.00

-- Narrow Money (M1)

9,040,817.68

---- Currency Outside Banks

1,441,365.03

---- Demand Deposits

7,599,452.65

-- Quasi Money

11,429,618.32

Net Foreign Assets (NFA)

5,551,714.27

Net Domestic Assets(NDA)

14,918,721.73 22,664,815.74

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

3,782,578.01

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

4,991,246.39

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

-1,208,668.38

---- Credit to Private Sector (CPS)

18,882,237.7

--Other Assets Net

-7,746,094.02

Reserve Money (Base Money)

5,758,634.07

--Currency in Circulation

1,811,090.48

--Banks Reserves

3,383,756.72 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

20

120.47

120.47

Stanbic IBTC Ethical

1

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

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 5, AUGUST 2016 The price of OPEC basket of fourteen crudes stood at $40.08 a barrel on Friday, compared with $39.60 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


39

T H I S D AY • TUESDAY AUGUST 9, 2016

Nigeria’s top 50 stocks based on market fundamentals

8-Aug-16

5-Aug-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

Table 1 Market Statistics Mkt Indicators

Open 5-Aug-16

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

27,425.86 9.42

27,394.98 9.41

-0.11 -0.11

113.55 8.84

113.01 8.80

-0.48 -0.48

01 Dangote Cement Plc

180.00

180.00

0.00%

3,067,291,332,900.00

9.56

19.14

5.76

4.44%

4.51

02 Nigerian Breweries Plc

130.00

133.03

-2.28%

1,030,783,115,440.00

4.50

30.03

3.57

2.71%

6.48

03 Guaranty Trust Bank Plc

23.95

23.11

3.63%

704,876,742,414.80

3.38

7.07

2.36

7.66%

1.57

820.00

820.00

0.00%

649,978,126,640.00

19.41

42.25

3.92

3.54%

18.48

05 Zenith Bank Plc

16.01

16.03

-0.12%

502,657,865,513.86

3.33

4.91

1.23

11.23%

0.81

06 Lafarge Africa Plc

51.50

51.15

0.68%

234,577,443,215.00

-6.71

-7.69

1.06

5.87%

1.66

166.82

166.82

0.00%

217,279,897,602.46

4.22

39.53

1.47

2.07%

5.07

11.54

11.82

-2.37%

211,753,821,021.10

0.23

53.54

0.42

5.25%

0.36

4.55

4.51

0.89%

165,071,844,765.10

1.65

2.80

0.53

13.30%

0.47

10 Presco Plc

38.85

38.85

0.00%

154,253,033,198.25

0.86

44.96

2.18

3.35%

3.59

11 Guinness Nig Plc

95.00

95.00

0.00%

143,059,377,860.00

3.70

25.69

1.27

0.00%

3.22

250.00

242.60

3.05%

138,327,578,250.00 -14.43

-17.70

1.51

6.56%

0.36

Table 4 Top 5 Losers Stock

04 Nestle Nigeria Plc

07 Forte Oil Plc. 08 Ecobank Transnational Incorporated 09 United Bank for Africa Plc

12 Seplat Petroleum Dev. Co. Ltd 13 Stanbic IBTC Holdings Plc

13.30

13.90

-4.32%

133,000,000,000.00

2.04

6.78

1.17

0.72%

1.24

14 Unilever Nigeria Plc

35.00

35.00

0.00%

132,415,368,750.00

0.46

75.69

2.17

0.14%

14.87

15 Access Bank Plc

5.60

5.48

2.19%

128,144,345,884.80

2.48

2.26

0.48

10.04%

0.41

16 FBN Holdings Plc

3.29

3.30

-0.30%

118,095,513,285.68

0.30

10.92

0.24

4.55%

0.19

17 Dangote Sugar Refinery Plc

6.98

6.65

4.96%

83,760,000,000.00

1.05

6.33

0.66

7.52%

1.34

18 Total Nigeria Plc

229.95

242.02

-4.99%

78,073,046,418.15

31.13

7.15

0.31

5.78%

3.89

19 7-Up Bottling Comp. Plc

119.50

120.20

-0.58%

76,550,548,378.50

11.12

11.36

1.04

1.83%

3.21

5.70

5.88

-3.06%

68,597,327,695.80

-3.46

-1.60

0.36

12.76%

0.51

178.60

178.60

0.00%

64,402,313,793.20

17.69

9.62

0.74

4.03%

3.75

22 Julius Berger Nig. Plc

48.39

48.39

0.00%

63,874,800,000.00

0.24

199.88

0.62

3.10%

2.85

23 International Breweries Plc

19.00

19.00

0.00%

62,590,736,320.00

0.17

105.36

2.43

1.32%

5.07

24 Flour Mills Nig. Plc

20.00

21.98

-9.01%

52,484,743,740.00

6.81

2.94

0.14

9.10%

0.58

1.24

1.24

0.00%

48,014,036,807.00

-0.37

-3.22

1.03

0.00%

0.63

20.00

20.00

0.00%

38,417,287,740.00

2.44

8.20

0.53

5.00%

0.52

1.28

1.28

0.00%

36,851,735,201.28

0.31

4.15

0.35

7.03%

0.44

28 Okomu Oil Palm Plc

35.00

35.00

0.00%

33,386,850,000.00

4.60

7.62

2.72

0.29%

2.15

29 Diamond Bank Plc

1.37

1.37

0.00%

31,729,732,886.16

0.11

13.68

0.17

0.00%

0.14

30 Fidelity Bank Plc

1.05

1.05

0.00%

30,423,536,874.15

0.39

2.77

0.22

15.24%

0.17

31 Wema Bank Plc

0.70

0.70

0.00%

27,641,861,249.10

0.06

11.93

0.61

0.00%

0.57

32 FCMB Group Plc

1.34

1.27

5.51%

26,535,632,410.36

0.61

2.09

0.16

7.87%

0.14

33 Cadbury Nigeria Plc

13.90

13.90

0.00%

26,107,008,356.00

3.21

4.33

0.78

9.35%

2.52

34 Cap Plc

37.00

37.00

0.00%

25,900,000,000.00

2.49

14.89

3.67

3.11%

17.04

35 Custodian And Allied Insurance Plc

3.80

3.99

-4.76%

22,351,083,941.00

0.76

5.25

0.70

3.51%

0.84

36 Glaxo Smithkline Consumer Nig. Plc

18.50

18.50

0.00%

22,123,715,028.00

-2.54

-7.28

0.76

1.62%

2.42

37 Mansard Insurance Plc

2.10

2.09

0.48%

22,050,000,000.00

0.27

7.55

1.12

2.39%

1.04

38 National Salt Co. Nig. Plc

8.06

8.06

0.00%

21,354,473,326.68

0.89

9.03

1.17

6.82%

3.09

39 PZ Cussons Nigeria Plc

19.55

19.55

0.00%

19,550,000,000.00

4.14

4.72

1.47

0.51%

0.59

40 Honeywell Flour Mill Plc

1.52

1.59

-4.40%

12,053,900,440.16

-0.40

-3.76

0.25

10.06%

0.77

41 Unity Bank Plc

0.99

0.99

0.00%

11,572,444,562.58

0.54

1.82

0.18

0.00%

0.13

42 Continental Reinsurance Plc

1.02

1.00

2.00%

10,580,199,198.24

0.33

2.95

0.49

12.00%

0.54

43 Skye Bank Plc

0.68

0.70

-2.86%

9,438,604,958.80

-2.93

-0.24

0.06

42.86%

0.09

44 Cement Co. Of North.Nig. Plc

6.60

6.65

-0.75%

8,294,073,255.60

0.96

6.61

0.61

1.50%

0.82

45 Wapic Insurance Plc

0.50

0.50

0.00%

6,691,369,124.00

0.11

5.16

0.94

6.00%

0.43

46 Nigerian Aviation Handling Company Plc

4.00

4.00

0.00%

6,496,875,000.00

0.15

25.94

0.81

5.00%

1.05

47 UACN Property Development Co. Limited

3.72

3.72

0.00%

6,393,749,981.40

-0.05

-68.09

1.81

18.82%

0.18

48 Resort Savings & Loans Plc

0.50

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

49 AIICO Insurance Plc

0.71

0.68

4.41%

4,920,445,180.80

0.28

2.42

0.14

7.35%

0.49

50 Fidson Healthcare Plc

1.95

1.95

0.00%

2,925,000,000.00

0.31

6.36

0.43

2.56%

0.46

20 Oando Plc 21 Mobil Oil Nig Plc

25 Transnational Corporation Of Nigeria Plc 26 U A C N Plc 27 Sterling Bank Plc

TOTAL

8,799,367,404,810.01

TOTAL MARKET CAP

9,408,790,941,936.79

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

93.52%

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

Close 8-Aug-16

Change %

Table 3 Top 5 Gainers Stock

Open 5-Aug-16

FCMB Group Plc Dangote Sugar Refinery Plc AIICO Insurance Plc Guaranty Trust Bank Plc Seplat Petroleum Dev. Co. Ltd

1.27 6.65 0.68 23.11 242.60

Open 5-Aug-16

Flour Mills Nig. Plc Total Nigeria Plc Custodian And Allied Insurance Plc Honeywell Flour Mill Plc Stanbic IBTC Holdings Plc

Close Change 8-Aug-16 % 1.34 6.98 0.71 23.95 250.00

5.51 4.96 4.41 3.63 3.05

Close Change 8-Aug-16 %

21.98 242.02 3.99

20.00 229.95 3.80

-9.01 -4.99 -4.76

1.59 13.90

1.52 13.30

-4.40 -4.32

Market begins week on a bearish note as Index drops 0.11% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, August 8, 2016 closed on a negative note due to intense sell presuure. This was further highlighted by negative performances from the NSE sub-sectors: Oil & Gas and Consumer Goods (Save Banking and Insurance). Trading activities decreased in volume as 118.37 million shares worth N1.27 billion in 2,899 deals exchanged hands today. This is a decrease from the 120.84 million shares worth N1.27 billion in 3,307 deals exchanged on Friday. Topping in volume terms was Access Bank Plc, Fidelity Bank Plc and FBNH Plc while 7UP Bottling Company Plc and Zenith Bank Plc ended trading as the most active stocks in value terms. The All Share Index (NSEASI) closed negative with a 0.11% (-30.88) decrease to close at 27,394.98 from 27,425.86 the previous trading day. Market Capitalization depreciated in tandem to N9.41 trillion from N9.42 trillion of prior trading day. Similarly, the Thisday BGL 50 Index also followed suit with a decrease of 0.48% to close at 113.01 from 113.55 recorded at the end of the previous trading day, while its market capitalization stood at N8.80 trillion from N8.84 trillion of the previous trading day. A total number of 15 stocks gained on the bourse today while 18 stocks declined, 59 leaving stocks unchanged. FCMB Group Plc emerged the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 5.51% to close at N1.34 per share. It was followed by Dangote Sugar Refinery Plc with a gain of 4.96% to close at N6.98 per share. Others on the gainers list include: AIICO Insurance Plc, Guaranty Trust Bank Plc and Seplat Petroleum Dev. Co. Ltd while on the decliners’ list; Flour Mills Nig. Plc led with a loss of 9.01% to close at N20.00 per share. It was followed by Total Nigeria Plc with a loss of 4.99% to close at N229.95 per share. Others on the losers list include: Custodian And Allied Insurance Plc, Honeywell Flour Mill Plc and Stanbic IBTC Holdings Plc. REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com


T H I S D AY •TUESDAY, AUGUST 9, 2016

40

MARKET NEWS

FMDQ Lists N16.79bn UPDC Plc Commercial Paper

Goddy Egene

The FMDQ OTC Securities Exchange yesterday admitted the UACN Property Development Company (UPDC) N16.799 billion commercial paper (CP) on its platform. This followed the successfully meeting of the FMDQ OTC listing requirements by UPDC. This CP represents series 1 under the UPDC’s N24

billion CP Issuance Programme. In his remark, Managing Director/CEO, FMDQ, Mr. Bola Onadele.Koko, congratulated UPDC Plc, saying that the quotation of this real sector CP, was evidence of the positive progression in the Nigerian CP market, serving to instill confidence in the possibilities of the Nigerian financial market. He stated that FMDQ, as the market organiser, desirous

of building a sustainable CP market in the Nigerian financial market space, promotes credibility for quoted CPs, through a highly efficient registration process and the provision of invaluable information, instituting financial market infrastructures, in line with global standards, to drive, among others, transparency, governance, market oversight, integrity and

market liquidity with a view to protecting stakeholder interests. In his address MD, UPDC, Mr. Hakeem Ogunniran, acknowledged that the CP issuance had afforded the company a better opportunity to successfully diversify its short-term funding sources at a 25 per cent reduced cost, thereby enhancing their value-creating capability for

UPDC’s various stakeholders. Also speaking, Mr. Kayode Akinkugbe of FBN Capital Limited, noted, “the remarkable success of the UPDC CP issuance is an affirmation of the growth of the CP market in recent years. We are indeed pleased to have partnered with UPDC in establishing its inaugural CP Programme and achieving the significant oversubscription

recorded at its debut launch. The success of the deal was influenced by the innovative credit enhancement features developed by FBN Capital Limited and Coronation Merchant Bank Limited. Speaking in the same vein, Mr. Abubakar Jimoh of Coronation Merchant Bank said the bank is happy to be part of this landmark and novel transaction.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E


41

T H I S D AY TUESDAY AUGUST 9, 2016

RETURNS ON UTILIZATION OF FUNDS SOLD TO CUSTOMERS FOR THE WEEK ENDED

RETURNS ON SOURCES OF FUNDS SOLD TO CUSTOMERS FOR THE WEEK ENDED

BANK: STANDARD CHARTERED BANK NIGERIA LIMITED DATE OF RETURNS: FRIDAY AUGUST 5, 2016

BANK: STANDARD CHARTERED BANK NIGERIA LIMITED DATE OF RETURNS: FRIDAY AUGUST 5, 2016

S/NO CUSTOMER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101

GUINNESS NIGERIA PLC AFRICAN CONSUMER CARE LIMITED C H I LIMITED ADEYEMI OSINDERO A P FOODS LIMITED AFRICAN CONSUMER CARE LIMITED DIRISU V ONIMOWO HILARY ONYENKWERE NWOSU AIRTEL NETWORKS LIMITED C H I LIMITED CONSERVERIA AFRICANA LIMITED GRAHAM CAMPBELL DEEPAK BHARDWAJ PRAKASH BALASUBRAMANIAN PRAKASH BALASUBRAMANIAN ZARTECH STAFF PHR SAGAR OVERSEAS CENTRAL BANK OF NIGERIA CENTRAL BANK OF NIGERIA CENTRAL BANK OF NIGERIA DE UNITED FOODS INDUSTRIES LIMITED OLUWOLE OLANIPEKUN ABDULLAHI I MAIKANO EGBEBALO UWUIGBE ERESE FELIX U UCHEHARA FEMI OWOLABI FEMI OWOLABI FEMI OWOLABI MERCY OLANIKE ILORI TETRA PAK WEST AFRICA LTD TETRA PAK WEST AFRICA LTD VISA LIONSEAL INDUSTRIES LIMITED CROSS ENERGY DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC UNILEVER NIGERIA PLC UNILEVER NIGERIA PLC A P FOODS LIMITED UNILEVER NIGERIA PLC UNILEVER NIGERIA PLC UNILEVER NIGERIA PLC TETRA PAK WEST AFRICA LTD OILBATH NIG LTD UNILEVER NIGERIA PLC AFRICAN WIRE ALLIED INDUSTRIES TETRA PAK WEST AFRICA LTD UNION BANK OF NIGERIA PLC, LAGOS UNITED BANK FOR AFRICA FIRST CITY MONUMENT BANK LIMITED STERLING BANK PLC BUA SUGAR REFINERY LIMITED OLUYEMISI TAYO BUA SUGAR REFINERY LIMITED REAL INFRASTRUCTURE NIGERIA LIMITED UNILEVER NIGERIA PLC UNILEVER NIGERIA PLC UNILEVER NIGERIA PLC ZARTECH STAFF PHR PENTAGON PLASTICS UNILEVER NIGERIA PLC A P FOODS LIMITED BUA SUGAR REFINERY LIMITED DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC DANGOTE SUGAR REFINERY PLC BUA SUGAR REFINERY LIMITED BUA SUGAR REFINERY LIMITED BUA SUGAR REFINERY LIMITED BUA SUGAR REFINERY LIMITED BUA SUGAR REFINERY LIMITED BUA SUGAR REFINERY LIMITED UNILEVER NIGERIA PLC OM SIMONS OLUYEMISI TAYO KRONES LCS CENTER WEST AFRICA PETROSKILLS GLOBAL PETROSKILLS GLOBAL UNILEVER NIGERIA PLC PROMASIDOR NIGERIA LIMITED TETRA PAK WEST AFRICA LTD TETRA PAK WEST AFRICA LTD TETRA PAK WEST AFRICA LTD TETRA PAK WEST AFRICA LTD ME CURE HEALTHCARE LTD WHITECHAPEL INTEGRATED UNILEVER NIGERIA PLC PETROSKILLS GLOBAL PENTAGON PLASTICS JOBIKAN NIG LTD BUA SUGAR REFINERY LIMITED EUROPLUS NIG LTD EUROPLUS NIG LTD EUROPLUS NIG LTD TATA AFRICA SERVICES NIGERIA

ITEM OF IMPORT

ADVERTISEMENT CALCIUM CARBONATE PPTD CONCENTRATE STRAWBERRY FRUIT CREDIT CARD DEMINERALISED WHEY POWDER HEAT SHRINK TUNNEL LIVING EXPENSES LIVING EXPENSES LOAN REPAYMENT MUFFIN PREMIX PEPPE ONION OLEORESIN PEPPE PERSONAL HOME REMITTANCE PERSONAL HOME REMITTANCE PERSONAL HOME REMITTANCE PERSONAL HOME REMITTANCE PERSONAL HOME REMITTANCE PHARMACEUTICAL RAW MATERIAL RETURN OF UNUTILISED RETURN OF UNUTILISED RETURN OF UNUTILISED RUSSSIAN MILLING WHEAT SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SLIDE PLATE TERMINAL RELAY VISA CARD SETTLEMENT AGRICULTURAL HERBICIDE GLYPHOSATE APPLE DESKTOP COMPUTERS BRAZILIAN CANE RAW SUGAR BRAZILIAN CANE RAW SUGAR BRAZILIAN CANE RAW SUGAR BRAZILIAN CANE RAW SUGAR BRAZILIAN CANE RAW SUGAR BRAZILIAN CANE RAW SUGAR CARAMEL 641 POWDER DEHYDRATED ONION POWDER DEMINERALISED WHEY POWDER DOUCIL ZEOLITE SODIUM ALUMINOSILICA DOUCIL ZEOLITE SODIUM ALUMINOSILICA DOUCIL ZEOLITE SODIUM ALUMINOSILICA FILTER CATRIDGE GASOIL HEATSEAL PAPER HOT ROLLED STEEL HYDRAULIC H1 INTERBANK SALES INTERBANK SALES INTERBANK SALES INTERBANK SALES INTEREST ON LOAN REPAYMENT LIVING EXPENSES LOAN REPAYMENT MACHINERY FOR ROLLING MILL MERIZET MERIZET MERIZET 100 PERSONAL HOME REMITTANCE POLYPROPYLENE COPOLYMER PRIFEX 123 HYDROGENATED INGREDIENTS PRINTED FLEXIBLE PACKAGING MATERIAL RAW SUGAR RAW SUGAR RAW SUGAR RAW SUGAR RAW SUGAR RAW SUGAR RAW SUGAR IN BULK RAW SUGAR IN BULK RAW SUGAR IN BULK RAW SUGAR IN BULK RAW SUGAR IN BULK RAW SUGAR IN BULK RM MONOSODIUM GLUTAMATE ROVIMIX B1 SCHOOL FEES SET OF RETROFITTING PARTS SINGLE NOZZLES FUEL DISPENSER SINGLE NOZZLES FUEL DISPENSER SODIUM CARBOXYMETHYL CELLULOSE SPRAY DRIED COFFEE TEMPERATURE SENSOR TETRA PAK PACKAGING MATERIALS TETRA PAK PACKAGING MATERIALS TETRA PAK PACKAGING MATERIALS TRIHYDRATE COMPACTED VALVE FOR PNEUMATIC TRANSMISSION WHITE ONION POWDER SINGLE NOZZLES FUEL DISPENSER POLYPROPYLENE COPOLYMER JM-350 POLYPROPYLENE RESIN GRADE RAW SUGAR IN BULK CORN GRITS GRADE:101 CORN GRITS GRADE:101 CORN GRITS GRADE:101 5 UNITS OF TATA SUPER ACE, ENGINE 1396CC, NOS OF CYL 4 NOS WHEEL BASE 2380 GVW(KGS) 2240 102 UNILEVER NIGERIA PLC MIXTURES OF ODORIFEROUS SUBSTANCES 103 PLATINUM INVESTMENT CENTER PIVOT IRRIGATION EQUIPMENT 104 PLATINUM INVESTMENT CENTER PIVOT IRRIGATION EQUIPMENT 105 CHENGJIE LUO & HUIFEN HUANG CREDIT CARD 106 STANDARD CHARTERED BANK MAURITIUS DIVIDEND REMITTANCE 107 STANDARD CHARTERED BANK MAURITIUS DIVIDEND REMITTANCE 108 OILBATH NIG LTD GASOIL 109 ALBARKA NATURAL MINERAL WATER LINEAR LOW DENSITY POLYETHLENE 110 ALBARKA NATURAL MINERAL WATER LINER LOW DENSITY POLYETHYLENE 111 ALBARKA NATURAL MINERAL WATER LOW DENSITY POLYETHYLENE 112 ANULI MADIF & SONS ENTERPRISES MOTORCYCLE SPARE PARTS 113 OFIL STAFF PHR PERSONAL HOME REMITTANCE 114 ZARTECH STAFF PHR PERSONAL HOME REMITTANCE 115 PHILLIPS PHARMACEUTICALS PHARMACEUTICAL PRODUCTS 116 TRIDENT MARKETING LIMITED SAMSUNG BRAND TELEVISION 117 ADEOLA JOHNSON SCHOOL FEES 118 ADEYINKA ADETUNJI SCHOOL FEES 119 TUA LTD SCHOOL FEES 120 UMAR-BABA MARIAM NA-ALLAH SCHOOL FEES 121 KRONES LCS CENTER WEST AFRICA SPARE PARTS USED IN BREWERY INDUSTR 122 KRONES LCS CENTER WEST AFRICA SPARE PARTS USED IN BREWERY INDUSTR 123 VISA VISA CARD SETTLEMENT 124 VISA VISA CARD SETTLEMENT 125 VISA VISA CARD SETTLEMENT 126 VISA VISA CARD SETTLEMENT 127 NWAOKORIE RESOURCES NIGERIA BARS OF ALUMINUM NOT ALLOYED 128 TRIDENT MARKETING LIMITED SAMSUNG BRAND TELEVISION (CKD) 129 OM SIMONS CAROPHYLL 130 OM SIMONS CAROPHYLL YELLOW 131 WOSBAB ENERGY SOLUTION GAS OIL 132 NYCIL LIMITED HYDROXYL PROPYL METHYL 133 YHIZA PORNOBI PENA PERSONAL HOME REMITTANCE 134 ISAAC ADEYEMI SCHOOL FEES 135 ISAAC ADEYEMI SCHOOL FEES 136 WESTERN METAL PRODUCTS COMPANY STEEL COIL 137 TETRA PAK WEST AFRICA LTD ADHESIVE TUBE 100G 138 UNILEVER NIGERIA PLC BEEF BOILED FATTY 139 UNILEVER NIGERIA PLC CARAMEL 641 POWDER 140 ME CURE HEALTHCARE LTD COLD FORM BLISTER FILM 141 AQ MANTBFXDTPNG - @@@MF20160019438 COPOLYMER FLOSPERSE 142 AQ MANTBFXDTPNG - @@@MF20160019438 COPOLYMER FLOSPERSE 143 UNILEVER NIGERIA PLC COPOLYMER FLOSPERSE 144 UNILEVER NIGERIA PLC COPOLYMER FLOSPERSE 145 UNILEVER NIGERIA PLC COPOLYMER FLOSPERSE 146 UNILEVER NIGERIA PLC DEHYDRATED GARLIC POWDER 147 UNILEVER NIGERIA PLC DEHYDRATED GARLIC POWDER 148 CORMART NIGERIA LIMITED DI BUTYL PHTHALATE 149 ME CURE HEALTHCARE LTD DI CALCIUM PHOSPHATE DIHYDRATE 150 ME CURE HEALTHCARE LTD DIBASIC CALCIUM PHOSPHATE DIHYDRATE 151 ME CURE HEALTHCARE LTD DIBASIC CALCIUM PHOSPHATE DIHYDRATE 152 ME CURE HEALTHCARE LTD DIBASIC CALCIUM PHOSPHATE DIHYDRATE 153 UNILEVER NIGERIA PLC DISODIUM 5 RIBONUCLEOTIDE 154 UNILEVER NIGERIA PLC DISODIUM 5 RIBONUCLEOTIDE 155 UNILEVER NIGERIA PLC DISODIUM 5-RIBONUCLEOTIDE 156 UNILEVER NIGERIA PLC DISODIUM 5-RIBONUCLEOTIDE 157 UNILEVER NIGERIA PLC DOUBLE KNORR CUBES BEEF 158 ME CURE HEALTHCARE LTD DRY VA ACETATE 159 ME CURE HEALTHCARE LTD EMPTY HARD GELATIN CAPSULES SHELLS 160 UNILEVER NIGERIA PLC ESD10225 ACTIVESILK ESSENTIAL 161 TETRA PAK WEST AFRICA LTD GREASE 162 UNILEVER NIGERIA PLC KENYA BLACK TEA 163 UNILEVER NIGERIA PLC KENYA BLACK TEA 164 UNILEVER NIGERIA PLC KENYA BLACK TEA 165 UNILEVER NIGERIA PLC KENYA BLACK TEA 166 UNILEVER NIGERIA PLC KENYAN BLACK TEA 167 UNILEVER NIGERIA PLC KENYAN BLACK TEA 168 UNILEVER NIGERIA PLC KENYAN BLACK TEA 169 UNILEVER NIGERIA PLC KENYAN BLACK TEA 170 UNILEVER NIGERIA PLC KENYAN BLACK TEA 171 UNILEVER NIGERIA PLC KENYAN BLACK TEA 172 UNILEVER NIGERIA PLC MONOSODIUM GLUTAMATE 173 UNILEVER NIGERIA PLC MONOSODIUM GLUTAMATE 174 UNILEVER NIGERIA PLC MONOSODIUM GLUTAMATE 175 UNILEVER NIGERIA PLC NONWOVEN INTERLINING MATERIAL 176 NATURAL PRIME RESOURCES NIGERIA ODORIFEROUS SUBSTANCE 177 PROMASIDOR NIGERIA LIMITED PIROSIL PS-300 178 ME CURE HEALTHCARE LTD PVC FILMS 179 UNILEVER NIGERIA PLC RAW MATERIALS FOR SOAP 180 ME CURE HEALTHCARE LTD RECOVERED PAPER SHEETS 181 UNILEVER NIGERIA PLC RM MONOSODIUM GLUTAMATE 182 UNILEVER NIGERIA PLC RM MONOSODIUM GLUTAMATE 183 UNILEVER NIGERIA PLC RM MONOSODIUM GLUTAMATE 184 UNILEVER NIGERIA PLC S D LIME POWDER 185 SAMKING CHEMICALS NIGERIA LIMITED SCAANTISOL 186 UNILEVER NIGERIA PLC SD LIME POWDER 187 UNILEVER NIGERIA PLC SODIUM FLUORIDE 188 TATA AFRICA SERVICES NIGERIA TATA ACE HT LHD DSLB 189 UNILEVER NIGERIA PLC T-BLEND SAVINASE EVITY, STAINZYME 190 UNILEVER NIGERIA PLC TINOPAL 191 UNILEVER NIGERIA PLC VIETNAM WHITE PEPPER GROUND 192 VISA VISA CARD SETTLEMENT 193 VISA VISA CARD SETTLEMENT 194 UNILEVER NIGERIA PLC VISUAL COLOR AND APPEARANCE FLAVOR 195 UNILEVER NIGERIA PLC WHITE ONION POWDER 196 UNILEVER NIGERIA PLC WHITE ONION POWDER 197 UNILEVER NIGERIA PLC ZEODENT (R) 120 SILICA

DATE OF FUND PURCHASE

EXCHANGE RATE

AMOUNT

1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 1-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16 2-Aug-16

319.13 319.33 366.00 423.00 319.13 319.33 432.80 256.74 319.13 366.00 319.33 362.00 432.80 432.80 432.80 319.33 365.50 279.00 279.00 279.00 319.13 434.10 432.80 432.80 432.80 432.80 432.80 432.80 432.80 319.30 319.13 320.00 329.33 395.95 280.50 280.50 280.50 280.50 280.50 280.50 316.00 316.00 334.00 360.50 360.50 360.50 320.50 345.00 360.50 329.33 320.50 344.00 315.50 344.00 344.00 280.50 316.00 280.50 377.00 316.00 316.00 316.00 329.33 383.00 360.50 334.00 280.50 280.50 280.50 280.50 280.50 280.50 280.50 280.50 280.50 280.50 280.50 280.50 316.00 383.00 316.00 395.95 53.09 53.09 316.00 320.50 334.00 380.00 380.00 380.00 329.33 53.09 316.00 53.09 383.00 369.00 280.50 329.33 329.33 329.33 320.50

USD 40000 USD 8530 EUR 37186.08 GBP 4288.3 USD 21196.85 USD 19900 GBP 5000 CAD 4030 USD 50000 EUR 47889.69 USD 29243.78 EUR 9000 GBP 5900 GBP 7695 GBP 3775 USD 10000 EUR 81060 USD 8324.83 USD 898.85 USD 656.1 USD 40000 GBP 7000 GBP 6000 GBP 3888 GBP 7000 GBP 6000 GBP 6000 GBP 7000 GBP 3500 USD 5276.12 USD 476.59 USD 7668.92 USD 129024 EUR 52077.59 USD 5901600 USD 5901600 USD 6242184 USD 3154490 USD 8060000 USD 7800000 USD 41412 USD 160790.38 USD 10186.3 EUR 42680 EUR 42680 EUR 42680 USD 5718.94 USD 87581.56 EUR 49809.86 USD 514000 USD 2892.96 USD 2000000 USD 290000 USD 1000000 USD 500000 USD 1547950.94 USD 6250 USD 20489863.11 EUR 75530 USD 179883 USD 179883 USD 179883 USD 20000 EUR 143820 EUR 73273.2 USD 189813.7 USD 1610000 USD 5679900 USD 7053760 USD 6612900 USD 7287900 USD 7287900 USD 3999800 USD 3999800 USD 3000200 USD 84000 USD 499800 USD 499800 USD 160054.02 EUR 166980 USD 27944.1 EUR 116135.28 CNY 865616.96 CNY 1434234.46 USD 10380 USD 122040 USD 25700.53 EUR 236947.22 EUR 132681.33 EUR 93242.86 USD 112500 CNY 1196866 USD 144360 CNY 1298425.44 EUR 141780 EUR 75684 USD 108640 USD 6380 USD 6380 USD 6380 USD 10635.31

2-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 3-Aug-16 4-Aug-16 4-Aug-16 4-Aug-16 4-Aug-16 4-Aug-16 4-Aug-16 4-Aug-16 4-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16 5-Aug-16

316.00 53.20 53.20 471.00 316.50 316.50 346.00 345.00 345.00 345.00 346.00 317.08 317.08 345.00 316.00 394.30 468.40 346.00 468.40 394.30 394.30 315.50 317.00 317.00 317.00 346.00 316.00 356.50 356.50 312.12 312.61 316.00 411.40 411.40 312.61 312.98 358.00 313.00 348.00 355.00 313.00 358.00 358.00 358.00 313.00 313.00 312.90 348.00 348.00 348.00 348.00 313.00 313.00 313.00 313.00 358.00 348.00 348.00 313.00 312.98 313.00 313.00 313.00 313.00 313.00 313.00 313.00 313.00 313.00 313.00 313.00 313.00 313.00 313.00 312.90 312.98 348.00 313.00 348.00 313.00 313.00 313.00 313.00 355.00 313.00 358.00 312.98 313.00 313.00 313.00 315.50 320.50 313.00 313.00 313.00 313.00

USD 78510.32 CNY 595984 CNY 595984 GBP 45000 USD 4688.73 USD 426.25 USD 167000 USD 70380 USD 120800 USD 26920 USD 64900 USD 40000 USD 60972 USD 52741.15 USD 234627.1 EUR 42800 GBP 14950 USD 24520 GBP 9500 EUR 22928.3 EUR 117372.36 USD 30911.27 USD 52139.03 USD 35262.11 USD 40363.14 USD 33950 USD 365372.9 EUR 5400 EUR 27000 USD 54880 USD 24000 USD 10000 GBP 6500 GBP 6500 USD 37000 USD 10708.19 EUR 155565 USD 41293 USD 11290.28 EUR 17646.51 USD 33553.81 EUR 8852.47 EUR 12600 EUR 12600 USD 34550 USD 34550 USD 21906.4 USD 15450 USD 13645.24 USD 15679.05 USD 16117.21 USD 71223.6 USD 71223.6 USD 71223.6 USD 71223.6 EUR 106930.44 USD 8340 USD 65429 USD 3589.06 USD 2999.83 USD 431533.87 USD 462862.05 USD 153679.91 USD 170777.96 USD 228329.2 USD 434731.38 USD 106352 USD 271335.52 USD 706566 USD 761008.6 USD 178651.62 USD 177030 USD 177030 USD 34550 USD 56116 USD 18921 USD 31226.31 USD 59201 USD 24002.92 USD 160054.02 USD 160054.02 USD 160054.02 USD 54700 EUR 44000 USD 54700 EUR 25080 USD 46800 USD 97192 USD 108650 USD 112560 USD 20102.86 USD 31407.62 USD 31080.77 USD 65699.68 USD 146111.6 USD 77850

S/NO

SOURCE

DATE OF FUND PURCHASE

EXCHANGE RATE

1

AUTONOMOUS

1-Aug-16

313.97

4,326.02

2

AUTONOMOUS

1-Aug-16

313.97

50,000.00

3

AUTONOMOUS

1-Aug-16

319.00

10,215.00

4

AUTONOMOUS

1-Aug-16

319.50

66,500.00

5

AUTONOMOUS

1-Aug-16

320.00

140,000.00

6

AUTONOMOUS

2-Aug-16

313.97

300,000.00

7

CBN INTERVENTION

2-Aug-16

280.00

106,822,088.05

8

AUTONOMOUS

2-Aug-16

315.00

53,268.20

9

AUTONOMOUS

2-Aug-16

315.00

1,424,047.24

10

AUTONOMOUS

2-Aug-16

315.00

290,000.00

11

AUTONOMOUS

2-Aug-16

319.50

200,000.00

12

AUTONOMOUS

2-Aug-16

333.00

2,000,000.00

13

AUTONOMOUS

2-Aug-16

335.00

4,000,000.00

14

AUTONOMOUS

2-Aug-16

312.69

14,957.00

15

AUTONOMOUS

3-Aug-16

314.96

20,000.00

16

AUTONOMOUS

3-Aug-16

310.00

500,000.00

17

AUTONOMOUS

3-Aug-16

315.00

29,310.04

18

AUTONOMOUS

3-Aug-16

315.00

8,000.00

19

AUTONOMOUS

3-Aug-16

315.00

600,000.00

20

AUTONOMOUS

3-Aug-16

318.00

10,000.00

21

AUTONOMOUS

3-Aug-16

318.00

34,980.00

22

AUTONOMOUS

3-Aug-16

315.49

36,665.00

23

AUTONOMOUS

4-Aug-16

309.98

16,130.00

24

AUTONOMOUS

4-Aug-16

309.98

12,958.84

25

AUTONOMOUS

4-Aug-16

312.00

75,735.51

26

AUTONOMOUS

4-Aug-16

312.00

40,000.00

27

AUTONOMOUS

5-Aug-16

313.97

1,274.00

28

AUTONOMOUS

5-Aug-16

311.04

11,487.76

29

AUTONOMOUS

5-Aug-16

311.04

8.86

30

AUTONOMOUS

5-Aug-16

311.04

221.98

31

AUTONOMOUS

5-Aug-16

311.04

364.87

32

AUTONOMOUS

5-Aug-16

311.04

115,100.00

33

AUTONOMOUS

5-Aug-16

311.04

6,000.00

34

AUTONOMOUS

5-Aug-16

312.63

10,342.00

35

AUTONOMOUS

5-Aug-16

309.00

22,282.28

36

AUTONOMOUS

5-Aug-16

312.00

139,658.59

37

AUTONOMOUS

5-Aug-16

312.00

35,291.03

38

AUTONOMOUS

5-Aug-16

312.00

6,351,193.81

TOTAL AMOUNT AVERAGE AMOUNT

AMOUNT (USD)

123,452,406.08 3,248,757.53


42

TUESDAY AUGUST 9, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Japan’s Emperor Address Suggests Abdications Japanese Emperor Akihito, 82, in a rare video address to the public yesterday, said he worried that age may make it difficult for him to fully carry out his duties, remarks widely seen as suggesting he wants to abdicate. Public broadcaster NHK reported last month that Akihito, who has had heart surgery and been treated for prostate cancer, wanted to step down in a few years - which would be unprecedented in modern Japan. Once considered divine, the emperor is defined in the constitution as a symbol of the state and the unity of the people. He has no political power. Akihito stopped short of saying outright that he wanted to abdicate, which could be interpreted as interfering in politics. “When I consider that my fitness level is gradually declining, I am worried that it may become difficult for me to carry out my duties as the symbol of the state with my whole being, as I have done until now,” he said. Akihito took the throne after the death in 1989 of his father, Hirohito, in whose name Japan fought World War Two. He has sought to soothe the wounds of the war in Asia during trips overseas and tried to bring the monarchy closer to the people.

Akihito feels strongly that an emperor’s full performance of his duties is integral to his constitutional role, experts say. Opinion polls show the vast majority of ordinary Japanese sympathize with the emperor’s desire to retire, but such a step would need changes to the law. Akihito has been cutting back on official duties, with his heir, 56-year-old Crown Prince Naruhito, taking his place. There were limits to how far that could go, he said on Monday. The emperor also seemed to cast doubt on whether it was appropriate to use an existing system that would allow Naruhito to take over as regent if his father were incapacitated. “Even in such cases (of a regency), however, it does not change the fact that the emperor continues to be emperor until the end of his life, even though he is unable to fully carry out his duties as the emperor,” Akihito said. Prime Minister Shinzo Abe told reporters that, in view of the emperor’s age and the burden of his official duties, it was necessary to consider what steps could be taken. The idea of abdication has sparked opposition from Abe’s conservative base, which worries debate of the imperial family’s future could widen to the topic of letting women inherit

and pass on the throne, anathema to traditionalists. Naruhito’s only child is a daughter. Only males can inherit the Chrysanthemum Throne, which after Naruhito would pass to his brother, Prince Akishino and then to nine-year-old nephew Hisahito. Other conservatives worry devoting political energy to discussing abdication could sidetrack Abe’s push to revise the U.S.-drafted pacifist constitution, which many conservatives see as a symbol of Japan’s humiliating defeat in World War Two. With Akihito apparently rejecting a regency, the only options would appear to be revising the Imperial Household Law or enacting a special law allowing him to abdicate, said Naotaka Kimizuka, an expert in monarchies at Kanto Gakuin University. “They will either revise the law without touching on (female) succession, or pass a special law,” he said, adding steps could be taken next year. “It felt as if the emperor were saying ‘Please hurry’.” It was the second time Akihito had addressed the public in a video message. The first was after a massive earthquake, deadly tsunami and nuclear crisis hit northeast Japan in March 2011.

Death Toll in Angola’s Oil-rich Cabinda Rises to 40 Ten Angolan soldiers were killed and nine wounded in fighting with rebels in the country’s oil-producing Cabinda enclave, bringing the death toll since a flare-up in the conflict to nearly 40, the separatist guerrilla group said yesterday. The high command of the Front for the Liberation of the Enclave of Cabinda (FLEC), which wants independence for a territory that accounts for half of Angola’s oil output, has toughened its stance since the death of its 88-year-old

founder Nzita Tiago earlier this year in exile in France. In its statement on Monday, FLEC warned the government of China to repatriate all its citizens in the oil-producing area as their presence “constitutes a provocation”. Chinese companies have invested heavily in Africa in recent years, keen to secure much-needed resources for China’s economic development. However, this has sometimes provoked hostility from local miners

toward Chinese managers based in Africa. The latest clashes broke out on Friday and Saturday in the area between Dinge and Massabi, FLEC said. This follows attacks in early August when two rebels and 17 soldiers were killed. Comments from authorities in Africa’s biggest oil producer were not immediately available. On Aug. 1 the government did not respond to a FLEC claim that soldiers had been killed.

Suicide Bomber Kills 63 at Pakistan Hospital A suicide bomber in Pakistan killed at least 63 people and wounded dozens more in an attack on mourners gathered at a hospital in Quetta, according to officials in the violence-plagued southwestern province of Baluchistan. The bomber struck as more than 100 mourners, mostly lawyers and journalists, crowded into the emergency department to accompany the body of a prominent lawyer who had been shot and killed in the city earlier in the day, Faridullah, a journalist who was among the wounded, told Reuters. Abdul Rehman Miankhel, a senior official at the government-run Civil Hospital, where the explosion occurred, told reporters that at least 63 people had been killed, with more than 50 wounded, as the casualty toll spiked from initial estimates. “There are many wounded, so the death toll could rise,” said Rehmat Saleh Baloch, the provincial health minister. Television footage showed scenes of chaos, with panicked people fleeing through debris as smoke filled the hospital corridors. The motive behind the attack

was unclear and no group had yet claimed responsibility, but several lawyers have been targeted during a recent spate of killings in Quetta. The latest victim, Bilal Anwar Kasi, was shot and killed while on his way to the city’s main court complex, senior police official Nadeem Shah told Reuters. He was the president of Baluchistan Bar Association.

The subsequent suicide attack appeared to target his mourners, Anwar ul Haq Kakar, a spokesman for the Baluchistan government, said. “It seems it was a pre-planned attack,” he said. Police cordoned off the hospital following the blast. Aside from a long-running separatist insurgency, and sectarian tensions, Baluchistan also suffers from rising crime.

American, Australian Kidnapped in Afghan Capital Afghan authorities are searching for an Australian and an American who were kidnapped by gunmen in the capital, Kabul, officials said yesterday. The pair, believed to be affiliated with a Kabul university, was taken by four or five gunmen from a nearby road late on Sunday, said an official with the Ministry of Interior who spoke on condition of anonymity. It was not immediately clear who was responsible for the abduction. The Australian Embassy in Kabul confirmed one of its citizens had apparently been abducted but said

it would not comment further due to privacy and safety considerations. “We continue to advise Australians not to travel to Afghanistan because of the extremely dangerous security situation, including the serious threat of kidnapping,” Australia’s Department of Foreign Affairs and Trade said in a statement. The U.S. State Department said in a statement it was aware of reports an American had been kidnapped but had no other information to offer.


TUESDAY AUGUST 9, 2016 • T H I S D AY

43

NEWSEXTRA

BUA Sugar Workers Protest Unfair Labour Practices, Demand Pay for Hazards Eromosele Abiodun and Peter Uzoho Workers at the BUA Sugar Refinery yesterday protested against what they described as injustices and unfair labour practices in the organisation, demanding the immediate payment of their hazard allowances which the management had refused to pay since 2008. In a peaceful protest staged in Lagos, the workers who marched round the company’s premises, holding placards with varying inscriptions, expressed their displeasure with the company’s insensitivity to their plights. According to them, there is “no proper salary structure; no payment of shift allowance; no hazard allowance; no condition of service; no standard training for

staff; no promotion of staff since the beginning of the refinery till date; and no regular meeting between the staff and the management.” Speaking on behalf the protesting staff, an engineer with the company, Momoh Kareem, said they had tabled their grievances to the company’s management many times but all to no avail, saying that the management was not representing them well. “We’ve tabled our problems to them time without number but no good response from them. There is what is called ‘hazard allowance.’ We want our hazard allowance paid immediately before we can go back to work. We demanded that they should pay N30,000 instead of the normal N60,000 that workers all over are paid for it, but they said they will pay us N12,000 with

effect from August, 2016. But we disagreed with them on that. So we are demanding that they must pay that N30,000 as hazard allowance which must be paid in arrears beginning from 2008 till date and failure to do this, none of us will resume work, ”Kareem said.

“People have been falling sick here; some of us have become impotent because of the heat and vibration of the machines; some are now deaf, and so many have died. One of us by name Seik died about three years back but nothing has been done about him and the

family he left behind. They kept on posting the wife; come today come tomorrow; a widow for that matter. The one month annual leave that we have been observing has been reduced; they now count Saturdays and Sundays as part

of the 31 days in our leave. That is why we decided to rise against injustice meted out to us. Those people at the head office enjoy full AC; they come to work anytime they like and close earlier than us and their salaries are ten times our own, ”he added.

Jonathan Urges Zambian Parties to Accept Results, Refrain from Violence Former President Goodluck Jonathan has urged political parties taking part in the August 11 general election in Zambia to refrain from violence and accept the outcome of the polls. The former president who stated this yesterday at his press conference in Lusaka as Head of the African Union Election Observation Mission to Zambia, also appealed to political party leaders to endeavour to place the country’s interest over their political ambitions. Advising those that might lose the elections to be magnanimous and accept the results as the will of the people, Jonathan further said: “Politicians going in for elective positions should be open-minded about the outcome because they can either win or lose. Politicians who want to play meaningful roles in governance should realise that it is not about them. Those who care only about themselves should quit politics and begin to manage personal businesses. “Our states are not private enterprises. You cannot be interested in governance without sufficient interest in the affairs of the people. So the interest of the country should come first as politicians tick their priority boxes. “This also requires politicians to accept the outcome of genuine elections because of the interest of the people. You cannot instigate violence and mayhem on the one hand and pretend that you are fighting for the people on the other. It does not make any sense to

get involved in bloodshed, destroy properties, frustrate businesses and collapse the economy in order to win elections. Our advice is to put public interest above other expectations by accepting the results of elections.” The former president also noted that Zambia has had relatively smooth power transitions since gaining Independence from Britain in 1964, adding that the pre-election environment was conducive for a free and fair election. “I believe that Zambia has served as the leading light and shown good examples over the issue of elections. I am convinced that the people of this country will maintain this exemplary peace during next Thursday’s general elections.” Organisations such as the European Union, African Union and regional bodies have also deployed their contingents to monitor the election. Although there are many parties that registered candidates for the polls, Zambia’s 2016 election is widely seen as a two horse-race. Governing party, Patriotic Front’s candidate Edgar Lungu who won last year’s election was campaigning on a promise of stability and continuity. His main challenger of the United Party for National Development, Hakainde Hichilema promised to fix a “broken” economy. Electoral violence heightened during campaigns in which millions of Zambians were expected to cast the vote.

System Glitch Forces Delta to Cancel over 300 Flights Chinedu Eze Delta Air Lines has cancelled approximately 300 flights and paralysed its operations due to a power outage which impacted on its systems worldwide. Statement from the airline said Delta operated 800 of its nearly 6,000 scheduled flights. While systems are improving and flights are resuming, delays and cancellations continued The airline urged customers heading to the airport to expect

delays and cancellations, adding that enquiries were high and wait times were long. “Our customer service agents are doing everything they can to assist. There may also be some lag time in the display of accurate flight status at delta.com, the Fly Delta App and from Delta representatives on the phone and in airports. “We apologise to customers who are affected by this issue, and our teams are working to resolve the problem as quickly as possible,” the airline also said.

MECCA HERE THEY COME

L-R: Zamfara State Governor, Alhaji Abdulaziz; his Sokoto State counterpart, Aminu Waziri Tambuwal; and Sultan of Sokoto, Alhaji Muhammad Sa’ad AbubakarIII,atthecommencementceremonyof theairliftingofHajjpilgrimsinSokoto...yesterday

Flood: NIMET Issues Red Alert on Akwa Ibom, Bauchi, Benue, Others

Shiites Trekking to Abuja May Pose Security Risk, Group Warns

Dele Ogbodo in Abuja

Says sect’s culture of blockades should not be allowed in FCT

The Nigeria Meteorological Agency (NIMET) yesterday issued red alert on Akwa Ibom, Bauchi, Benue, Bornu, Cross River, Delta, Kaduna, Kwara, Nasarawa, Yobe and Zamfara States on flooding in the month of August. The agency advised relevant government agencies to perfect and activate their emergency evacuation plans as soon as possible. In a statement made available to journalists in Abuja yesterday, the agency said the soil moisture in these states has reached saturation level because of the cumulative high rainfall intensity in the last two months. “Soil moisture has either reached saturation, or near saturation levels, due to cumulative high intensity rainfall in some parts of the country in June and July. “NIMET in exercise of its mandate to monitor the weather and climate of the country at all times and working in collaboration with the Nigerian Hydrological Services Agency (NIHSA), has

been monitoring rainfall events across the country,” the statement noted. The agency said after a thorough analyses of rainfall data from its observatories nationwide for June and July, it became necessary to issue the alert to the public, especially those in the affected areas. It said: “This means that floods should be expected in these areas because the soil is no longer able to absorb more rainwater in the coming weeks which coincide with the peak of the rainy season,” it stated. NIMET recalled that its 2016 Seasonal Rainfall Prediction (SRP) stated that while many parts of the country would experience lower than-normal total rainfall due to the effect of El Nino, flooding could still be experienced in such areas; particularly those that are naturally prone to flooding. The statement added that NIMET would continue to monitor the rainfall pattern and the weather conditions across the country, stating that it would issue updates from time to time.

Buhari Hails Tinubu on Son’s Wedding President Muhammadu Buhari has congratulated the son of the national leader of the All Progressives Congress (APC), Senator Bola Tinubu, Seyi, on his wedding to Layal recently. Buhari used the opportunity to commend Tinubu for helping to shape Nigeria’s political history with his exploits since the enthronement of democracy in 1999.

The president in a letter to Seyi, described Tinubu to Seyi thus, ‘’Your father is among the most famous Nigerians who helped to shape modern Nigeria. You should cherish and help to keep his legacy alive. Congratulations. “To Seyi and Layal, from the bottom of my heart I wish you very happy marriage and a long life together.”

Adedayo Akinwale in Abuja The Coalition Against Terrorism and Extremism (CATE) has frowned at the protest walk embarked upon by the Shiite sect from their base in Zaria, Kaduna State to Abuja as they continue to press for the release of their leader, El-Zak Zakky, warning that it may pose security threat. The Coordinator of the group, Mr. Gabriel Onoja, stated this while addressing journalists in Abuja where he called on the federal government to immediately bring an end to the exercise. He noted that the sect should not be allowed to export their culture of blockade of vital roads to the nation’s capital, Abuja. According to him, “With the existential threats facing the country at every turn, the message must be sent out clearly that no religious leader or adherent is above the law. Anyone that tries to further compromise our collective security should be made to answer for their actions.” Onoja stressed that the federal government owes a duty to protect other Nigerians from the extremism being promoted by the sect. He stated: “We urge religious, traditional and political leaders in the North to call this horde to order. Northern elites have a lot of work to do; those northern youths who attend only Islamic centres to the exclusion of contemporary education must be better managed henceforth as dubious scholars often find them willing recruits for extreme doctrines.

“As part of a longer term solution, the government must begin to prioritise mental health as the sanity of the youths engaging in this exercise must be questioned for courting more troubles on behalf of a man whose act of treasonable felony led to the loss of many souls,” Onoha added. The coordinator stressed that the earlier face-offs by the sect with military and security operatives were not unconnected with their penchant for obstructing public roads and depriving other Nigerians of the right of way. Onoja said: “They are able to do this by resorting to violence and considering the extreme nature of the demand they are making it is not impossible to rule out the potential for them to turn violent. “In the light of the above, CATE strongly condemns the trek by IMN members toAbuja and advised them to call it off while seeking alternate avenues that are less provocative for whatever they think their grievances are. “Pressing ahead with the trek would confirm reports that it is another attempt to breach the peace while at the same time recruiting and mobilising youths form rival terror group to Boko Haram is threatening to breach the peace by taking on the Niger Delta Avengers (NDA). “In the meantime, we are calling on the security agencies to address the threat posed by the IMN trek because of the danger it poses to national security and religious tolerance.”


44

TUESDAY AUGUST 9, 2016 • T H I S D AY

NEWSEXTRA

Dokpesi, Kuku, Akpoblokemi Deny Sponsoring N’Delta Avengers Gboyega Akinsanmi and Sunday Okobi The former Chairman of Daar Communications, Chief Raymond Dokpesi, ex-Special Adviser to President Goodluck Jonathan on Niger Delta, Mr. Kingsley Kuku and former Director-General of Nigeria Maritime Administration Agency (NIMASA), Dr. Patrick Akpoblokemi, yesterday denied

sponsoring the activities of the Niger Delta Avengers (NDA). The trio of Dokpesi, Kuku and Akpoblokemi, also, condemned the attempt by one Cynthia Whyte of the Reformed Niger Delta Avengers (RNDA) to link them with the renewed militancy in the region, noting that the allegation by a faceless group was baseless, false and malicious. They debunked the allegation

Groups Berates Kogi Govt for Hosting CJN’s Sports Competition A civil rights group, Democratic Watch, has described as unacceptable the decision of Kogi State government to host this year’s edition of the Chief Justice of Nigeria (CJN) Sports Competition in the state at a time when an appeal against the state governor is pending before the Supreme Court. In a statement signed by its Executive Director, Mohammed Hussein, the group said it noted with concern the publicity currently given the sports competition by the Yahaya Bello administration at a time when all hands were on deck for the outcome of decision of the Supreme Court on the vexed Kogi State governorship debacle. “We note with concern the decision of Kogi State government to host this year’s Chief Justice of Nigeria Sports Competition in Lokoja from August 29 to September 11, 2016. Given the prevailing situation in the state right now especially with several litigants challenging the election of Alhaji Yahaya Bello as governor, we feel it would be morally indefensible for the state government to lobby

to host the competition even when reports say Delta State had already secured the hosting rights.” “We hereby call on the National Sports Association for Judiciary (NASAJ) to as a matter of urgency shelve the idea of hosting the games in Kogi as the timing is morally very inauspicious for such an important event.” Hussein described the Chief Justice of Nigeria as a” rare jurist of impeccable integrity who would not even approve such a gamut at a critical time like this in Kogi State.” The group emphasised that it initially dismissed the issue as a mere rumour “until we started seeing billboards and banners all over the state promoting the games billed to start August 28, 2016. We emphatically say No to such a development and would go to any length to defend our position.” Some political parties in the state are challenging the election of the governor at the tribunals and the case is presently before the Supreme Court.

Professor Johnbull Hits ‘Black Fuel Marketers’ in Episode Four The kernel of the fourth episode of the high flying TV drama series, Professor Johnbull, which will run tonight on national television, is on the shenanigans and brazen bravados displayed by illegal fuel attendants during any of the incessant fuel crises the nation has had to endure. The remarkably entertaining TV drama series, powered by telecoms giant, Globacom, will be aired tonight on NTA Network, NTA International on DStv, channel 251 and NTA on Startimes as it focuses on the love-hate relationship between the generality of the public and fuel attendants the people regard as economic saboteurs and black fuel marketers, but might have to patronise in the heat of a severe fuel shortage. Millions of TV viewers across the country who have come to see the comedy series as a mustwatch will see in the episode, tagged Foreign Petrol, how a few individuals, consumed by their avarice, attempted to capitalise on the severe economic situation in the country, accentuated by fuel scarcity, to enrich themselves to the detriment of the generality of the people. The economic challenge affects everybody, including the shylock hotelier, Etuk, acted by Ime Bishop, who in his desperation, sits in front of his hotel to make a “public

service announcement” hoping that by continuously ringing a bell, he can draw customers to the hotel. Flash (Stephen Odimgba), who in a bid to get-rich-quickly, becomes an emergency “back marker”. He is scolded by Churchill, the moralistic son of Professor Johnbull. Soon, the long arms of the law catches Flash. Who squealed on Flash? What role did Churchill play in all these? What is car pooling and why is Professor Johnbull recommending it to his “proximate people?” Viewers will find the answers to all these and more in the episode. Viewers will also be amused to find out that Professor Johnbull’s bombastic expressions is rubbing off on some of his proximate neighbours like Mai Doya (Funky Mallam). Globacom, in a statement issued in Lagos on Monday, said that viewers “will see Professor Johnbull, acted by Kanayo O. Kanayo, in his best element as he elucidates on the dangers of “Black Marketing” and proffers pragmatic solutions.” The statement added: “the 4th episode of Professor Johnbull tagged Foreign Petrol is as entertaining as it is educative.” The repeat broadcast of the episode will be shown on Friday at 8.30pm on NTA Network, pan Nigeria, NTA International on DSTV and on StarTimes.

in separate statements yesterday in which they expressed commitment to the indivisibility and unity of Nigeria even though they had political differences with the All Progressives Congress (APC) and the federal government especially on it is policies. In a statement by the DirectorGeneral of Raymond Dokpesi Campaign Organisation, Alhaji Shehu Gabam, Dokpesi said the allegation was “a blatant concoction of falsehood obviously laced with the political intention of rubbishing his campaign with PDP delegates throughout the country in our bid to contest the national chairmanship of the PDP.” The statement noted that Dokpesi “is a highly celebrated

personality and people who know him will attest to the fact that he is not only a peace loving citizen but one who is passionate about the unity, indivisibility and oneness of our nation. “Regardless of the partisan political process in the country, now clearly infested with all manner of treachery, bitterness and unwholesome acts by opposing political actors, he has always and will always be an advocate of winning all political contests fair and square.” In a statement he personally issued from Alabama, the United States, Kuku strongly condemned the attempt to link him with the NDA, which he described as a nascent militant group. The former special adviser explained that he “is not a sponsor

of the militant group as claimed by a faceless group,” noting that the allegation was designed to discredit and rubbish him. He said: “This is yet another attempt to discredit my hardearned reputation and defame my person after the earlier plot to rope me with terrorism by another fictitious Kano-based group, National Security Watchdog. If that attempt failed, this too has surely fallen flat. “Since the 90s, I have dedicated a greater part of my life to the service of our dear country. I have been privileged to serve Nigeria and my people in different capacities and have discharged my duties and responsibilities with utmost patriotism and the fear of God.”

Also in another statement, Akpoblokemi dismissed the report linking him and others as sponsors of the NDA, describing the report as false and malicious. The former NIMASA boss denied having any link or ties with any political, advocacy or militant group anywhere in the world, adding that he “is committed to Nigeria’s interest. “The group is reported to have named me as one of the sponsors of the NDA. I want to say that this claim is false, malicious, defamatory and lacking any iota of credibility. May I remind Nigerians and the international community that I am currently facing six cases in various courts bordering on my stewardship in the Nigerian maritime agency.”

CELEBRATING EXCELLENCE

L-R: Templars 2016 Class of Partners; Mr. Zelda Akindele; Ijeoma Uju; Igonikon Whyte; Chike Obianwu; and Managing Partner, Mr. Oghogho Akpata, during a reception held in their honour in Lagos...recently

Na’Abba: Budget Padding Impossible Without Connivance of Executive A former Speaker of the House of Representatives, Ghali Na’Abba, has called for proper investigation of the role played by officials in the executive arm in the current budget padding controversy. Na’Abba made the call while answering questions from journalists at a workshop organised by Kaduna Refining and Petrochemical Company (KRPC) in Kano. He said it was impossible for the budget to be padded without the connivance of government officials. “This stealing of funds cannot be possible without active connivance with some members of the executive arm,” he said. On calls for the Speaker of the House of Representatives, Yakubu Dogara, to resign, Na’Abba said the call was “unwarranted” as there was no formal indictment of the speaker. “According to my understanding, where the issue being referred to as padding comes into play, is a situation where some members go behind and add items of expenditure to what has already been agreed upon. “For either stealing the funds

or doing whatever they feel like doing with it. “So far, accusations are being traded among members of the House, but no investigation has been conducted. “On the call for the resignation of the Speaker, the question is, what has the Speaker done to warrant his resignation?” He called for full investigation to ascertain the level of involvement of members of the House mentioned in the allegation before calling on anyone to resign. “I expect that for 16 years of return to democracy, Nigerians would have understood the responsibilities of the National Assembly. “For some weeks now, there has been controversy over what is called padding. “As far as I am concerned, the National Assembly has the responsibility to pass the budget, approve it and allow the executive arm to execute it,” he said. On whether padding constituted an offence, Na’Abba said: “It all depends on what angle you look at it, I just told you that the responsibility of appropriation belongs to the National Assembly.

“If padding is seen as an offence, then it is when some members of the National Assembly decide to add items of expenditure through the back door after the bill has been passed by the two legislative arms. “It therefore behoves on Nigerians to decide who represents

them in the National Assembly.’’` The News Agency of Nigeria (NAN) reported that 30 journalists from the Kaduna Council of the Nigeria Union of Journalists (NUJ) attended the three-day workshop, designed to sharpen their skills in reporting the oil and gas sector.

I Don’t Operate Any Social Media Account, Jimoh Ibrahim Warns Public Businessman, Jimoh Ibrahim, yesterday warned members of the public to beware of certain characters who parade themselves in his name on the social media platform, particularly on twitter. He said he does not currently operate any social media account and therefore, cautioned the public against the alleged impersonation with the intent to defraud unsuspecting Nigerians. He said: “For the records, I do not run any social media account at the moment. This account in question were neither opened by me nor did I authorise anyone or group of persons to do so.” Ibrahim, in a statement

made available to THISDAY, described the actions of those behind the false social media accounts as criminal. He said: “This is impersonation and criminal in law. The law enforcement agencies will be asked to investigate this criminal act, apprehend the perpetrators and possibly prosecute.” In the notice to the public, the businesses mogul added: “It has been brought to my knowledge that some certain characters parades themselves in my name on social media (Twitter) as Barr. Jimoh Ibrahim @JimohIbrahimOFR...This is to notify the general public.”


TUESDAY AUGUST 9, 2016 • T H I S D AY

45

CRIME&PUNISHMENT Police: Armed Robbers, Not Assassins Killed Oyo Lawmaker Ademola Babalola in Ibadan The Oyo State police command yesterday paraded four suspects arrested in connection with the killing of a serving member of the state house of assembly, Gideon Aremu. Aremu, a Labour Party lawmaker in the house, represented Oorelope constituency and was the Chairman, House Committee on Information, Public Relations and Security. The four suspects were Ayobami Adedeji, 23, principal suspect; as well as three alleged criminal receivers, Adeniran Oladapo, 31, who bought; Kareem Isiaka, 43; and Sodiq Adedeji, 20; confessed that the gang actually guned down Aremu, who represented Oorelope state constituency, to death without knowing his identity. While Oladapo and Sodiq allegedly bought the Samsung Duo phone the suspects stole fromAremu, Isiaka was the one that purportedly removed the security on the phone. The police have, however, declared

wanted three other fleeing suspects Abbey, Kola Mission, and Yusuf Ikire, who took part in the operation the fateful day Aremu was murdered. According to the suspects, they just wanted to rob him and go away, but somebody flashed light at them, which revealed their faces, adding that they killed Aremu on the suspicion that he could recognise them. The suspects were paraded by the former commissioner of police in the state, Mr. Leye Oyebade, few hours before the new CP, Mr. Samuel Adegbuyi, took over the control of the command from him. Oyebade has been transferred to Abia State. Oyebade explained that one of the suspects, Adeniran Oladapo, was arrested in July with Aremu’s phone, adding that his confessional statement led to the arrest of three other suspects. “Adedeji confessed to belong to the four-man gang that actually robbed and killed the deceased in front of his house on the fateful

day. According to him, they had no knowledge of the status of the victim. “As robbers, their intention was to rob him of valuable property in his possession. He disclosed that the vitim was killed because they thought he could identify them due to a torch flashed on them during the operation. The suspect also confessed that he was given N40,000 as his own share of the money stolen from the deceased. The arrest of the suspects and the subsequent confession laid insinuations that the killing was politically motivated to rest.” The principal suspect, Ayobami Adedeji, told newsmen that he was one of the four-member gang that attacked, murdered and stole the phone and money of Aremu on Friday July 1, 2016. He gave the names of other three members as Abbey, Kola and Yusuf. He explained that members of the gang usually met at Awo Joint at Beere in Ibadan, where they indulge in smoking of Indiam hemp, adding that the initial plan

of the gang was to rob from house to house. The gang, he said, usually strategised at the joint. “But we saw the car and we wanted to rob the occupants. But the role I played was to hold the phone and the money stolen from the victim. But I don’t know why Abbey shot him. We sold the phone we stole from the victim. “I was an ex-convict and I served my jail term at Agodi Prisons in Ibadan. I spent one year in the prison before I was granted amnesty by the Chief Judge of Oyo State last year. “I met Yusuf Ikire at the Awo Joint, Beere. The joint is close to Ogunmola House. We would buy Indian hemp from one Dele Awo at the joint and we would smoke it. “On the fateful day, we took off from Awo Joint at Beere for Adegbayi, after smoking Indian hemp. Abbey, who lives at Adegbayi, was the one who gave us the information to rob in his area.” The police have, however, declared Beere as a flashpoint.

In Brief Four Burnt to Death in Jos

It was all anguish in Jos yesterday morning as four members of same family, father and three children, were all consumed in a fire outbreak at Jenta Adamu area of the city, leaving their charred remains burnt beyond recognition. The victims, Anthony Kwanmi, a retired police officer and one-time aide- de camp to former governor of the state, Mr. Fidelis Tapgun, and his three children, met their death in the most cruel manner at about 3a.m. yesterday when power surge allegedly exploded into the unquenchable inferno. Eyewitnesses said the four were held captive due to the fortified security barricade in the house, preventing neighbours from gaining entry to render help. His wife and a daughter,escaped narrowly, but not without severe burn and are now receiving treatment at the Bingham University Teaching Hospital (BhUTH), Jos. The eyewitnesses narrated that the wall of the house had to be broken by neighbours who struggled to rescue the wife and a daughter. Public Relations Officer (PRO) of the state police command, Mr. Tyopev Terna, confirmed the tragedy, adding that a division of the state police force got a call at about 3a.m yesterday and his men were mobilised to the scene to join efforts with fire fighters in putting out the fire. He confirmed that the retired police officer and three children died, while the wife and a daughter survived but are in the hospital.

EFCC Offers Bail to Blogger, Abusidique

The Economic and Financial Crimes Commission (EFCC) yesterday arrested Mr. Abubakar Sidiq Usman, a blogger, for offences bordering on cyber stalking. The suspect who is the publisher of Abusidiqu.com was picked up at his Kubwa, Abuja home in the early hours of yesterday by operatives of the EFCC and is currently being questioned over the alleged offence which contravenes sections of the Cyber Crime Act. The suspect, according to the Head of Media and Publicity, Wilson Uwujaren, had already been offered administrative bail and would be released to his elected sureties.

Trailer Crushes Female Student in Niger

IRONY OF HARDNESS

Suspected killers of a member representing Orelope Constituency in the Oyo State House of Assembly, Sadiq Adedeji; Kareem Isiak; Adeniran Oladapo; and Ayobami Adedeji being paraded at the state police command in Eleyele, Ibadan....yesterday Felix Ademola

Navy Arrests, Prosecutes Suspected Maritime Criminals Chiemelie Ezeobi In line with its zero tolerance to maritime illegalities, the Chief of Training and Operations (CTOP) of the Nigerian Navy, Rear Admiral Adeniyi Osinowo, yesterday, said the navy has of recent, successfully made several arrests, detained the suspects and are presently prosecuting them. Osinowo made this disclosure at the inauguration of 23 officers of the rank of captains and commanders for the maiden four-week Command Level Officers’ course held at Nigerian Navy Ship (NNS) Quorra, Apapa, Lagos. Headlined by the Flag Officer Commanding, Naval Training Command (NAVTRAC), Rear Admiral Ifeola Mohammed and the Commandant, NNS Quorra, Commodore Isaac Francis, the course was initiated to standardise the selection process of captains and commanders for command

responsibilities afloat and ashore. Osinowo in his speech, also said the navy has successfully profiled some persons and their ships, who specialise in instigating hoax kidnap attempts, thereby creating false panic about the safety of the maritime domain. Citing the particular instance of a ship’s captain who was purportedly abducted last month, he said the navy had instigated an investigation that later revealed that the kidnap attempt was a hoax. He said investigations had revealed that the said captain had done the same thing two years ago, adding that they profiled some other ships who were fond of towing that line too and have fielded their names to the appropriate authorities. Speaking on the need to partner other agencies in fighting maritime illegalities, Osinowo said: “We have seen the need to develop a joint synergy and approach towards managing the arrests, detention

and prosecution of those found on board these vessels involved in maritime criminalities within our maritime space. “Under the extant regulations and acts that established many of the security agencies- Nigerian Navy, NIMASA, National Drug and Law Enforcement Agencies (NDLEA), Economic and Financial Crimes Commission (EFCC), and Customs, we have seen the need to come together to develop a common framework. “We are talking to each other and we have started seeing the efficient and timely prosecution of arrested vessels as well as the managing of the post prosecution judgement, forfeitures and seizure.” In his speech, the FOC NAVTRAC, Rear Admiral Mohammed, said the navy needs a well-trained naval personnel with the confidence and attributes to defend the territorial integrity of the country.

He said: “The purpose of the training basically is to develop the requisite leadership attribute for the commanders at the various strata so that they are able to deliver to the people of Nigeria the service that we need. “The course is expected to establish the conglomerate thought process, concept of ownership, service orientation with classroom based scenarios for home grown solutions to the NN problems.” Mohammed also said that under his watch, absenteeism (awol) would not be tolerated, adding that naval personnel must have the inherent attitude that will ensure they defend the nation’s territorial integrity. Present at the inauguration were the Flag Officer Commanding, Western Naval Command, Rear Admiral Fergusson Bobai and the Commander NNS BEECROFT, Commodore Abraham Adaji, among other senior officers.

A 200 level female student of the Niger State College of Education was yesterday crushed to death by a fuel tanker. Another student who was carrying the female student on his motorcycle was seriously injured and has been hospitalised at the IBB specialist hospital in the state capital. Eyewitnesses told THISDAY that it was suspected that the female student who was in the department of languages was pregnant at the time she met her untimely death. According to the eyewitnesses, the trailer which experienced a failed break system at the city gate some 500 meters from the school, rammed into the motorcycle on which the deceased was being ferried. The driver of the trailer could not control the vehicle until about a kilometre from the scene of the accident where the tanker was forced to stop. The trailer driver was subsequently arrested and taken away by the police. The incident caused a riotous situation as students of the college took to the road in protest of the death of the female student. They blocked both sides of the road and stopped motorists from moving either into or out of Minna. The appeal to the students by the Provost of the College Professor Abdurashid Umar Farouq fell on deaf ears. Until the time of filing this report the protests by the students continued . Niger state acting Governor Alhaji Mohammed Ahmed Ketso had also visited the school to pacify the angered students. Police Public Relations Officer DSP Bala Elikana confirmed the incident and said investigation into the incident had commenced.

NDLEA Arrests 74 Drug Suspects

The National Drug Law Enforcement Agency (NDLEA) Kwara State command, yesterday hinted that it had arrested a total of 74 suspects with 391.26 kilogramme of hard drugs between January and July 2016. The state commander of the NDLEA, Mr. Apeh Reuben, dropped the hint to journalists in Ilorin while parading five suspected drug users that had been terrorising the residents of the state. In the past few months. According to him,”62 of the suspects were males, while 12 were females.” The NDLEA boss, who said that 14 people had been convicted by the state high court, Ilorin on offences involving possession and smoking of hard drugs, added that their sentences ranged from 12 months to eight years imprisonment. He also said five suspected drug users were arrested in an uncompleted building around Baboko area of Ilorin metropolis on August 4, 2016, “with functionally sophisticated locally made pistols ready for operation. “The drug situation in the state has turned to different dimension because they are very expensive. The addicts no longer afford the drug at their reach as usual. Therefore, they engage in pilfering and armed robbery in order to meet up with the cost of maintaining their habit. “This of course reveals that all drug users or consumers are potential armed robbers. Their inability to afford the cost of drug could make them armed robbers,” he said. While lamenting over high rate of hard drug users in the state, Reuben said most of the arrested persons were smokers between ages of 19 and 50 years, adding that many of them were counselled and 30 among them were rehabilitated and released to their family. The NDLEA boss, who called for a stronger collaboration of government, private organisations, non-governmental organisations (NGOs) and the agency, said that none of the eight commands of the agency in the state had operational vehicle. He also charged parents to be more responsible over the upbringing of their children, adding that they should know the company their children keep.


46

T H I S D AY •TUESDAY AUGUST 9, 2016

TUESDAYSPORTS

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

Dalung Apologises to Dream Team VI over Atlanta Scandal Says: I am sure we all have learnt our lessons and will take the lessons to heart going forward

Duro Ikhazuagbe After almost making Nigeria’s Dream Team VI miss their first Group B game against Japan in the ongoing 2016 Olympic Games, Sports Minister, Solomon Dalung, yesterday tendered unreserved apology to the team for the embarrassment they went through trying to get to Brazil from Atlanta, USA. Coach Samson Siasia and his wards were stranded for three days in the American city after their pre-tournament training due to the inability of the Federal Ministry of Youth and Sports headed by Dalung, to remit money for the flight of the Dream Team VI to Manaus, venue of their group stage games. The Nigerian Under-23 team eventually made it to the Brazilian city, barely five hours to the kick off time of their clash with Japan which they won 5-4. But on Sunday night, Dalung, a conspicuous presence in the stands as the 1996 champions pipped Europe’s best team Sweden 1-0 to reach the tournament quarter-finals with a game to spare, tendered his apology in the dressing room after the game at the Arena Amazonia. After hugging and exchanging pleasantries with players and officials, Dalung said: “I want to apologise for all the circumstances that led to your late arrival here. I apologise because I am the head and as such I must take responsibility for anything that happens under my watch. “I’m happy you all have put

the unfortunate incident behind you and have shown that you are true heroes by making the country proud with your qualification for the quarter finals. This qualification is unique as you guys are the first team to do so in the football event,” gushed Dalung as he savoured Nigeria’s qualification to the quarter finals. Speaking further, the minister said: “I want to assure you that we appreciate your efforts, and I want to say that it’s when a man faces challenges that his true ability is tested. I am sure we all have learnt our lessons and will take the lessons to heart going forward.” Dalung then assured the players and officials that all bonuses and allowances due to them will be paid, as he recalled that the team faced similar challenges on the way to winning the Africa Under-23 Cup of Nations in Senegal last year, which

Dream Team’s John Mikel Obi (centre) in contention for ball control with Robin Quaison (left) of Sweden during their Men’s Olympic Football first round Group B match in Manaus, Brazil on Sunday night PHOTO FIFA qualified Nigeria for the Olympics. Responding, Team Captain, John Mikel Obi, assured

Siasia: We Are Taking it One Game at a Time Dream Team VI Coach, Samson Siasia, has assured Nigerians that his team will continue to take it one game at a time in the ongoing Men’s Olympic Football Tournament of Rio 2016. Answering questions at the post-match press conference after the 1-0 victory over Sweden, Siasia said for now his attention is on the team’s last group game against Colombia and as such he is not bothered about avoiding host nation Brazil in the quarter-final stage. “I think for me and the boys all we are doing now is taking it a game at a time, we are not bothered about the team we will be playing in the quarter finals, let’s play Colombia first and from there we will think of our opponents at that stage. “The issue of the team I will

prefer to play in the quarter final stage doesn’t arise now; what is uppermost in my mind is getting my boys focused for every game.” Speaking on his defence-line that has been termed as being the weak link in the team, Siasia said: “As you all can see, today my defence line didn’t concede any goal. Yes, with my technical crew, we worked very hard to correct all the lapses we noticed in our first game (against Japan) and I am happy my boys stood their ground and kept a clean sheet today. All I can say for now is that it’s work in progress.” On his part, Captain of the team, John Mikel Obi, expressed delight that they have been able to improve on their performance from the first game, all thanks to the hard work of the technical crew.

GROUP B TEAMS Nigeria Colombia Japan Sweden

P 2 2 2 2

W 2 0 0 0

D 0 2 1 1

L 0 0 1 1

GF GA 6 4 4 4 6 7 2 3

GD 2 0 -1 -1

Pts 6 2 1 1

Dalung that the team will not lose focus as their target is to win the gold medal for Nigeria.

The sports minister was in company with Nigeria’s Ambassador Extraordinary and Plenipotentiary to Brazil,

Adamu Emozozo and the Permanent Secretary in the Ministry of Youths and Sports, Mr. Chinyeaka Ohaa.

Glo Salutes Dominant Under-23, Praises Eaglets Nigeria’s Under-23 national team, ‘Dream Team VI,’ has been commended for qualifying for the quarter finals of Men’s Football Tournament in the on-going 2016 Olympics in Rio de Janeiro, Brazil. Africa’s biggest corporate supporter of football, Globacom, in a press statement in Lagos yesterday commended the fighting spirit and doggedness of the players which saw them defeat Japan 5-4 and also pick maximum points with a 1-0 victory over Sweden in

the first and second matches of Group B . “The Dream Team has, so far, been outstanding in the tournament. We urge them to sustain the momentum during the last Group B match against Colombia on Wednesday so as to top the group and remain in the commanding position,” Globacom said. The company praised the team for making Nigeria and Africa proud and said it looks forward to seeing them progress to the final and ultimately winning the

gold medal. This will make them equal the record of the first Dream Team which won the football gold at the 1996 Olympic Games in Atlanta, USA. The Globacom also praised the Under-17 national team, Golden Eaglets, on their victory over Junior Menas of Niger Republic. Eaglets defeated Niger by a lone goal in Abuja on Saturday in the final qualifying match for African U-17 Championship. The two teams will meet in the second leg encounter in Niamey in

a fortnight. Globacom urge the technical crew of the team to remain focused as they intensify efforts to qualify for the next championship, adding that “The team should work assiduously toward victory in Niger,” “We appreciate the support given to both teams by Nigerians and the Nigeria Football Federation in particular. We enjoin all to continue to support the teams until the ultimate victory is achieved,” Globacom concluded.

NOC Orders Payment of Full Allowances to Team Nigeria Buoyed by the impressive performances of Team Nigeria athletes at the ongoing Rio Olympics, President of the Nigeria Olympic Committee (NOC), Habu Gumel, has ordered the payment of allowances and bonuses to the athletes. “We want these athletes to concentrate and not allow anything distract them,’’ Gumel said yesterday when

he called at the Games Village. All their monies should be paid to them in full. We don’t want any distraction. It is their money and it has been released by the Federal Government,’’ he said. The announcement of the full payment is expected to calm frayed nerves and dismiss rumours that the athletes were only going to receive part payments.

“It is their money and it has been released. We want total concentration of the athletes in their quest for medals for Nigeria,’’ Gumel said yesterday at the Games Village in Rio. The IOC member said that officials of Team Nigeria were working together to ensure that the athletes come out with decent performances in their various disciplines.

NOC President, Habu Gumel


47

T H I S D AY • TUESDAY AUGUST 9, 2016

TUESDAYSPORTS

Aruna Quadri Qualifies for Olympic Q’final, Sets African Record Duro Ikhazuagbe Nigeria’s Aruna Quadri last night became the first African table tennis player to ever qualify for the quarter final of the men’s singles event of the Olympic Games with a 4-2 defeat of Germany’s Timo Boll. Quadri is to take on world champion and number one seed of Rio2016, Ma Long of China in the quarter final at 8pm tonight. In a thrilling Fourth Round match up against the influential German, the 2014 ITTF Star Player left no one in doubt of his readiness to progress into the next round when he took the first three sets 12-10, 12-10 and 11-5 to lead 3-0. But Boll fought back to pick the next two sets 11-3 and 11-5 to put major scores at 3-2. However Quadri dug deep into his bag of tricks to pick the sixth set 11-9 to end the fought round clash 4-2 and book his ticket into the quarter final. Before Monday’s win, Quadri had tied with legendary Segun Toriola as the first Nigerian nay African to make into the fourth round of the Olympic men’s singles. Toriola achieved that feat at the 2008 Beijing Olympic Games in China After an awesome display on Sunday in which Quadri caused a major upset in Round 3;

Countries Scramble for Toriola The rapturous applause that attended his exit from the table tennis event of the Rio Olympics could have been mistaken for a victorious ovation. Nigeria’s legendary table tennis icon, Segun Toriola, exited the Rio Games but held his head high the way only legends do. His conqueror in the men’s singles event of table tennis, Japan’s Niwa Koki, joined in acknowledging the star who raised his hands to return the sporadic applause. Not long after his defeat, Toriola who made history by joining the elite stars’ club of players to have attended seven Olympics turned out to be the beautiful bride who is sought after by many countries to sign as their coach. “Countries are queuing to see who will out-bid each other to land Toriola as coach’’, a very dependable source revealed yesterday. Interestingly, too, Nigeria is also desirous of landing the history maker as their coach. President of Nigeria Table Tennis Federation (NTTF), Wahid Enitan Oshodi said they’ve always been interested and would want to concretise the deal noting however that Toriola was still much

Aruna Quadri returning a serve during yesterday’s fourth round game against Germany’s Timo Boll beating Chinese Taipei’s was generally believed that the fourth round was not Chuang Chih-Yuan 4-0, it he has reached his end as meant for boys but men.

fit to continue with his club functions. “He’ll be an asset and has always been to our younger athletes. We’ll see how to make it even if it means living abroad and coaching from there as it were.

MEDAL TABLE COUNTRIES G S B 4 2 4 China Australia 4 0 3 USA 3 6 4 Italy 3 4 2 Japan 3 0 7 Russia 2 4 3 Korea Rep 2 2 1 Thailand 2 1 1 Hungary 2 0 0 G’ Britain 1 1 2 Brazil 1 1 0 Sweden 1 1 0 C’ Taipei 1 0 2 Belgium 1 0 1 Argentina 1 0 0 Croatia 1 0 0 Kosovo 1 0 0 Netherlands 1 0 0 Vietnam 1 0 0 N’Zealand 0 2 0 Canada 0 1 2 Kazakhstan 0 1 1 Ukraine 0 1 1 Azerbaijan 0 1 0 Denmark 0 1 0 France 0 1 0 Indonesia 0 1 0 (As at midnight August 8)

Basketball: Argentina Shoots Down D’Tigers Perennial medal contenders Argentina early hours of yesterday eased past Nigeria’s D’Tigers 94-66 in each team’s Rio Olympic opening match as Facundo Campazza scored 19 points on 5-of-8 shooting from three-point territory.

Manu Ginobili of the NBA’s San Antonio Spurs added 12 points and the Brooklyn Nets’ Luis Scola 18 as the more experienced Argentines proved too much for the sloppy African qualifiers. Argentina is the only

country since 1988 to have won an Olympic basketball gold medal other than the USA. They won in Athens in 2004 on the strength of their “golden generation” of core players including Ginobili, Scola and Andres Nocioni.

But with Ginobili now 39 and the other two 36 years old, time is running out for that decorated cadre to take home another medal. Cheered on by a boisterous turnout of fans from their nearby homeland, which borders on Brazil,

Argentina jumped out to an 11-0 lead. They never looked back, using tough defence and superior ball movement to set up eight first-half three-pointers and take a 50-31 halftime lead. More of the same

followed in the second half, with the Argentines cruising to the final buzzer. They finished with 15 threepointers. Nigeria was led by Ikechukwu Diogu’s 15 points and 13 rebounds, and 14 points from Ebi Ere.

Nigerian Sports Award Transfer: Pogba in Manchester for Hails U-23 Team, Quadri United Medical

Unmissable Incentives Limited – organisers of the Nigerian Sports Award have hailed the heroics of the U-23 Eagles as they progressed to the quarterfinals at the Men’s Olympic Football Tournament Rio 2016 after a 1-0 victory over Sweden in Group B thanks to a header by Sadiq Umar at the Amazonia Arena in Manaus. In congratulating the U-23 Eagles Team and Nigeria for the recent achievement in the Rio Olympics, the Executive Director of Unmissable Incentives, Mr. Kayode Idowu, hailed the teams’ remarkable performances in its first two opening games which has now solidified its place in the next round and also further identified the Dream Team as one of the favourites for the competition. He noted that this achievement would further brighten the hope which sport

loving Nigerians have placed in them and the entire athletic team representing Nigeria, as they all strive for gold in the 2016 Rio Olympic games. Furthermore, Idowu also seized the moment to congratulate Nigerian Table Tennis Star Player and twotime winner of the Prestigious Nigerian Sports Award, Aruna Quadri on his recent 4-1 victory against Slovakia’s Yang Wang in the table tennis event held on Sunday. Idowu afterward used the medium to restate the commencement of nominations for the 2016 edition of the Nigerian Sports Award. “The Rio Olympics competition has also provided another platform through which Nigerians can evaluate the performances of all the participants and nominate them for the upcoming Nigerian Sports Award

France midfielder Paul Pogba arrived in Manchester yesterday to complete his recordbreaking transfer to Manchester United from Juventus, British media reported. Sky Sports News said the 23-year-old had flown to Manchester from Nice in a private jet and would undergo a medical at United’s Aon Training Complex. Manchester Airport posted a picture on Twitter of a plane sitting on the runway, accompanied by the caption: “An important passenger has just touched down at the airport. Can anyone guess who it might be?” Reports suggest United have agreed to pay

Juventus a world-record fee of 89 million pounds ($116.4 million, 105 million euros) to sign Pogba, not including agents’ fees. United and Juventus confirmed on Sunday that Pogba, who has been on holiday since Euro 2016, has been granted permission to undergo a medical by the Turin club. He is expected to be officially confirmed as a United player today or Wednesday. Pogba left United in 2012 after making just seven appearances, but returns as one of the world’s most famous players after winning four consecutive Serie A titles in Italy. He will eclipse Gareth Bale as the world’s most expensive player. The

Welsh forward cost Real Madrid around 85 million pounds when he joined from Tottenham Hotspur in 2013. United manager Jose Mourinho hailed Pogba’s arrival following his team’s 2-1 win over Leicester City in Sunday’s Community Shield at Wembley. “I don’t think Real Madrid were upset when they broke the record with Gareth Bale, with Cristiano (Ronaldo),” Mourinho said. “When other people break records, I don’t think it’s a reason to be sad. I think it’s a reason to be proud with the dimension of a club that can do that and can attract players of this dimension.” Pogba will become United’s fourth close-season

signing after Ivorian centreback Eric Bailly, Armenian playmaker Henrikh Mkhitaryan and Swedish striker Zlatan Ibrahimovic.

Paul Pogba in Manchester for United medical


TR

Tuesday August 9, 2016

UT H

& RE A S O

N

Price: N250

MISSILE Dogara to SERAP

“Budget padding is not an offence. What is padding? I studied law and I have been in the Legislature and all this period I have never heard of the word padding being an offence under any law... Why should I be worried. As far I am concerned, I am not worried over anything” – The Speaker of the House of Representatives, Hon. Yakubu Dogara, dismissing claims by the Socio-Economic Rights and Accountability Project (SERAP) that the budget padding is a crime.

BENMURRAYBRUCE Time to Revisit Redenomination MAKING COMMON SENSE

ben.murraybruce@thisdaylive.com

N

igeria is officially in a recession but that is not even the troubling thing. The more troubling thing is that our naira is very unstable especially after it was allowed

to float. It may take some time for the naira to stabilize or it may never stabilize. But one thing is clear, while the naira is going up and down it will affect businesses. Businessmen will have difficulty planning because you need stability to plan. Foreign Direct Investors will be wary of Nigeria because they need certainty before they can invest. Already several international financial institutions including WorldRemit have suspended money transfers to and from Nigeria. The truth is that if we keep on doing the same thing, we will keep on having the same results. That is just plain commonsense. We need to do something radical to change our situation for the better. I recommend going back to the idea of re-denomination of the naira that was floated by the former Central Bank of Nigeria governor, Professor Charles Soludo about eight years ago. That idea was a brilliant one which had worked in Ghana and helped stabilise their currency and boost their economy. Many Nigerians remember the Ghanaian cedi from the eighties as a very weak currency compared to the Naira. Many of us who are old enough used to laugh at that currency. However, after Ghana re-denominated the cedi in 2007, the currency bounced back and became stronger vis-a-vis other major world currencies. In the 80s, one Naira could get you over 40 cedis, but as of today, one cedi would get you 80 Naira. The table has been reversed! The cedi is now stronger than the Naira and Ghanaians are having the last laugh. One dollar would get you 4 cedis today whereas one dollar could get you almost 400 Naira. But the main difference is in the stability. The value of the cedi remains strong and stable while the Naira is weak and unstable. Ghana was not the first country to re-denominate its currency. Turkey redenominated its currency in 2005 and it was a success in fighting inflation. In fact, before their re-denomination exercise, Turkey suffered from hyper-inflation, but after the Turkish Lira was re-denominated and six zeroes were removed from the currency, their inflation reduced to single digit rates. China has also re-denominated and their currency now competes with the dollar as a world currency. Professor Soludo planned the same thing for Nigeria. The naira re-denomination he planned for would have taken two zeros from the Naira meaning that N10 would automatically become 10 kobo while N100 would become N1 and N1,000 would become N10. The expected result of the re-denomination was that it would neutralize inflation because more currency would be in coins and just the psychological effect of that alone would drive down prices. Also, one of the major reasons why a currency has or does not have value is the

CBN Governor, Godwin Emefiele

cost of printing it. With the re-denomination, the cost of printing the Naira would have gone down as less high quantity of high denominations of the currency would be printed and be in circulation. Also, re-denominations immediately drives down the costs of handling cash and book keeping as well as other accounting costs. The international consulting firm, PriceWaterhouseCoopers noted that the redenomination of the Ghanaian cedi reduced the cost of doing business in Ghana by, and I quote, ‘reducing the time taken to input financial data and time spent by management in reviewing the same’. Nigeria has a great economic challenge today. Inflation is now in double digits whereas it was in single digits last year. The purchasing power of the naira is losing value everyday. The naira is exchanging for the dollar at double the cost it did last year. Banks are firing their staff. Businesses are closing down. If we continue to do the same thing, we will continue to have the same results. It is time to try new ideas. Over 50 nations have re-denominated their currency. There is enough evidence of the success of this exercise. We do not have to reinvent the wheel. Let us learn from others and save our economy. Was it not Einstein who said that doing the same things and expecting different results amounts to insanity? We can keep switching from the Dutch Auction System to the Modified Dutch Auction System to stopping the sale of foreign exchange to Bureau de Change and reversing that policy, but where would that leave us? Where has that left us? And some of the policies we are putting out there just look to me like panic measures which cannot get us the results we are seeking. Let us do the prudent thing and redenominate and then going forward there should be a convergence of the official interbank rates and the black market rates. Once we have a redenomination in place, the next thing we will need is for the Central Bank of Nigeria to be truly independent. No more should anybody or institution,

no matter how powerful, have a say or any influence on how the CBN directs the monetary policy of the nation. The CBN governor must be allowed to take decisions without looking over his shoulders. If he is always being second guessed by the executive or by influential captains of industry, he will lose his gumption and his command presence. This is what happened to Professor Charles Soludo after then President Umaru Yar’Adua intervened to halt his naira redenomination project on the flimsy excuse that Soludo did not consult with him. Ideally, the CBN governor should consult with the CBN board and the Monetary Policy Committee and once decisions are taken at those meetings, the President should be informed first as a matter of courtesy and not for the purpose of seeking approval from him. Ideally, it is the Senate that should oversight the CBN and that is why we get regular briefings from both the CBN and the Minister of Finance. In America, their version of our Central Bank (known as the Federal Reserve), like

many other central banks, is an independent government agency that is only accountable to the public through the United States Congress. Neither the US Federal Reserve nor its chairperson are answerable to the American president. The result of this is that the monetary policy of America is completely divorced from politics. It does not matter whether there is an election or not, if the US Federal Reserve needs to take a decisive action, it takes it. This same practice is in operation in almost all nations that have a stable economy. The only nations I can think of where the President interferes with the autonomy of the central bank are Venezuela and Zimbabwe, and looking at the state of their currency, I am not sure that is the route Nigeria wants to take. My name is Ben Murray-Bruce and I just want to make Commonsense! •Murray-Bruce is the founder of the Silverbird Entertainment Group and the Senator Representing Bayelsa East in the Senate.

LAWMAKER ADMITS CULPABILITY… HONOURABLE, YOU’RE A PROMINENT, LONG-SERVING MEMBER OF THE HOUSE! ..13 YEARS! I’M SURPRISED YOU HAVEN’T SAID ANYTHING ABOUT THE ONGOING BUDGET PADDING SCANDAL…!

THE HONEST TRUTH IS, I’M AMONG THE BENEFICIARIES OF THE PADDING AND I HAVE BEEN TO THE EFCC TO VOLUNTEER WHAT I KNOW!

I SALUTE YOUR HONESTY, SIR! AND WHILE YOU’RE IN THAT MODE, CAN YOU TELL ME HOW MUCH YOU COLLECTED?

ISN’T IT OBSCENE FOR ONE MAN TO HAVE POCKETED THE AMOUNT OF MONEY THAT COULD HAVE CHANGED THE LIVES OF HUNDREDS OF NIGERIANS…?

IT IS EXACTLY N712,539,486 IN 12 YEARS! I KEEP RECORDS!

I AGREE! I’M SURE THE MONEY CHANGED THE LIVES OF HUNDREDS OF NIGERIANS FROM ALL WALKS OF LIFE I DISTRIBUTED IT TO! THEY WILL SOON BE INVITED BY THE EFCC TO RETURN THE MONEY! YOUR NAME IS NO.114 ON THE LIST! YOUR EDITOR’S IS NO.185!

THAT’LL BE THE DAY!

09-08-16

Printed and Published in Lagos by THISDAY Newspapers Limited. Lagos: 35 Creek Road, Apapa, Lagos. Abuja: Plot 1, Sector Centre B, Jabi Business District, Solomon Lar Way, Jabi North East, Abuja . All Correspondence to POBox 54749, Ikoyi, Lagos. EMAIL: editor@thisdaylive.com, info@thisdaylive.com. TELEPHONE Lagos: 0802 2924721-2, 08022924485. Abuja: Tel: 08155555292, 08155555929 24/7 ADVERTISING HOT LINES: 0811 181 3086, 0811 181 3087, 0811 181 3088, 0811 181 3089, 0811 181 3090. ENQUIRIES & BOOKING: adsbooking@thisdaylive.com


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.