Tuesday 20th September 2016 by THISDAY Newspapers Ltd

FG to Raise $2bn from Concession of Lagos-Kano/Port Harcourt- Maiduguri Rail Adeosun Seeks Interest Rate Reduction to Boost Growth Iyobosa Uwugiaren, James EmejoinAbujaandObinnaChima in Lagos with agency report The federal government plans to raise $2 billion

through the concession of the existing Lagos-Kano/ Port-Harcourt-Maiduguri rail line, the Minister of Budget and National Planning, Senator Udoma Udo Udoma, has said.

He spoke in Abuja just as the Minister of Finance, Mrs Kemi Adeosun, called for the lowering of interest rate to boost economic growth. Udoma, who also explained

that the federal government had released N400 billion out of the budgeted N1.8 trillion capital vote for the year, said discussions were on with General Electric (GE)

to take over the rail line as part of the efforts to multiply revenue sources to fund the budget. "We are working on all fronts at the same time. One is

to get oil production back - it is very important. Two, is the asset sales, concession and all that. We are discussing Continued on page 6

APC Appeal Committee Recommends Cancelation of Ondo Governorship Primary… Page 38 Tuesday 20 September, 2016 Vol 21. No 7817. Price: N250

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TODAY'S WEATHER

ABUJA 16°C-33°C

MAIDUGURI 15°C-35°C

UT H

& RE A S O

ENUGU 22°C-34°C

KANO 11°C-33°C

LAGOS 23C-31°C

PORT HARCOURT 20°C-30°C

Saraki: Senate’s Mandate this Session is Economy, Economy, Economy Says we must get the nation out of recession in the shortest possible time To invite experts, economic management team Omololu Ogunmade in Abuja As the Senate resumes from its eight-week vacation today, the upper legislative chamber has resolved to devote today and tomorrow for intensive consideration

of the current economic recession with a view to identifying sustainable solutions capable of assisting the executive to resolve the crisis. Continued on page 8

NJC Investigates Judges Delivering Conflicting Judgments Tobi Soniyi in Abuja The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has said that the National Judicial Council (NJC) is investigating judges delivering conflicting judgments on same issues. The CJN, who was delivering his address at

the special session of the Supreme Court to mark the commencement of the 2016/2017 legal year and swearing-in of new Senior Advocates of Nigeria (SANs), said the council had received petitions against some judges who delivered Continued on page 6

OUT OF THE BOX PDP Reconciliation Inevitable, THINKING L – R: Minister of Information and Culture, Alhaji Lai Mohammed; Executive Chairman/CEO, BUA Group, Alhaji Abdulsamad Rabiu; and Vice-President Yemi Osinbajo during the Presidential Business Forum with key industry Says Makarfi… Page 10 stakeholders at the Presidential Villa, Abuja… yesterday

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PAGE SIX FG TO RAISE $2BN FROM CONCESSION OF LAGOS-KANO/PORT HARCOURT- MAIDUGURI RAIL with General Electric, and I will give that as a practical example,” Udoma said in a document released to THISDAY yesterday, adding that the firm had already committed to bring in $2 billion into the concession arrangement. He said that the concessionaire would take over the rail lines, revamp them and build coaches in the country, explaining that the process of getting the thing through would however take some time. "We have to wait for the various government agencies because there are certain procedures we have to go through. This is why we met and said, is there a way we can fast track some of these things? Because we need the money today, not in three or four months’ time,’’ Udoma explained. The minister said the recurrent budget, as contained in the 2016 Appropriation Act, had been "virtually fully’’ implemented. "As far as the recurrent is concerned, the 2016 budget has been virtually fully implemented. The emoluments have been paid in full. We’ve released all the money. At the federal level, all salaries have been released. We have met that in full,’’ Udoma stated. He added: “We have also met all debt service in full. With regards to overheads, we have not met that in full but we are almost there. The problem has been capital. In the capital budget, we planned to spend about N1.8 trillion, but we’ve only spent about N400 billion. “So, we have not been able to meet up with the level of capital releases. The reason for that is that if you look at the first six months of the year, the revenue performance was N1 trillion less than we projected.’’ The minister added that given that rate, it meant that at the end of the year, there would be N2 trillion less revenue than the country expected, saying there is no economy and person that could manage that without being where the country is today. On how soon Nigerians are likely to see some activities against the background that many analysts at the Economic (Ministerial) Retreat said recently that the federal government should pump a lot of money into the economy and see some busy activities happening, Udoma said the federal government completely agreed with that, stating that the Economic Management Team had been meeting for the last months over the fiscal stimulus to see how it could raise additional revenues. He added: "We need to raise additional revenues. To release more money, you need to get the money first. So, we have a fiscal stimulus plan, which we have been developing over the last months. We intend to do a number of things. We are looking at assets sales, concession, and getting advance payments from licensing rounds and all that.

"We are targeting to raise between $10 billion to $15 billion and we have started that process. Why are we looking for dollars? It is because what we need to charge this economy is actually foreign currency. It is foreign currency shortage that is really responsible for where we are today. So, we have to look for foreign currency. We have a plan already. "We have prepared a bill because we want to fast track some of these processes in order to be able to get the money from concession and all that. There are two sources of getting these additional funds. One is getting more crude oil production. At that time, we still thought we will be able get more oil production and get back to 2.2mbpd.’’ The minister further stated that the federal government was also looking at a strategy to contain the militant activities, adding that the government didn’t expect it to be as prolonged as it has been. He said that the federal government, with the help of all stakeholders in the region, is still working to reduce the militant activity through dialogue and other strategy. "If we can reduce them, we can take oil production immediately to 2.2mbpd. If we do that, we will be able to pump this additional money into the economy,’’ he stated. On whether Nigeria is still producing around 1.1m barrel per day, the minister said it is now moving up because Qua Iboe Terminal had started operating. Udoma also made some clarifications on the monies recovered and lodged in the Treasury Single Account (TSA) and looted funds recovered by the Economic and Financial Crimes Commission (EFCC). "On the TSA, what we talk about is a flow. It is not that the TSA has recovered a surplus. The TSA is a mechanism for making sure that all payments go through a central point so they can be tracked, but those funds belong to various agencies and they end up being paid into the national treasury,’’ he stated. "So, the issue of maybe N3 trillion lying idle in TSA is not correct. The money that has been flowing through, the cumulative amount is what is being spoken about. That money is not lying there idle for us to take. This has been clarified so many times. The Minister of Finance has said so on several occasions and I can’t understand why the issue isn’t still clear,’’ he said. On the funds recovered by the EFCC, he said that until the legal processes were completed, the federal government could not spend them.

Adeosun seeks interest rate reduction Meanwhile, as the Central Bank of Nigeria's (CBN) monetary policy committee (MPC) members are set to announce the outcome of

their two-day meeting today, the Minister of Finance, Adeosun, has expressed her preference for a reduction of the benchmark Monetary Policy Rate (MPR). The minister, who said this while speaking on CNBC Africa, argued that the focus of policy makers in the country at this time should be on stimulating growth. The Nigerian economy is in recession. The NBS recently revealed that the country’s gross domestic product (GDP) contracted by 2.06 per cent in the second quarter of 2016, compared to the negative growth of 0.36 per cent recorded in the first quarter of 2016. "I would rather seek growth, we can manage inflation - let's stimulate the economy, we need lower interest rates," she said. The finance minister wants the central bank to lower interest rates so that the government could borrow domestically to boost the economy, which is stuck in recession, without increasing its debt-servicing costs. Adeosun said she was working with the Debt Management Office (DMO), Nigeria Sovereign Investment Authority (NSIA) and the pension industry to issue an infrastructure bond to raise money for road and housing projects, although she did not elaborate. She said she wanted the central bank to reconsider its July interest rate hike, which it implemented to help support the naira and attract foreign investment inflows. "We need lower interest rates because when we are borrowing and interest rates go up, it increases our cost of debt service and it reduces the amount of money that is available to spend on capital projects," she told CNBC Africa. "The attempt was to manage inflation and the trade off for the economy right now is what a bigger problem is: Is it growth or inflation? For me it is growth. I would rather seek growth. We can manage inflation. I think for us at the moment in the Nigerian economy, growth is the most important thing," she said. Adeosun said the government was working with the parliament to cut procurement timelines to get contractors back to work and inject money into the economy. Nigeria has said before that it plans to set up a $25 billion infrastructure fund to invest in the transport and energy sectors. She said some adjustment was needed to narrow the spread between the official and black market currency rates, which is running at 25 per cent after the central bank floated the naira. "We still need to make some necessary adjustment to ensure that the spread is narrowed so that we have true price discovery," she said. At the last MPC meeting held in July, the Monetary Policy Rate (MPR) was raised to 14 per cent from 12 per cent, and the Cash Reserve

Ratio (CRR) and Liquidity Ratio (LR) were both retained at 22.50 per cent and 30 per cent respectively. The spot rate of the naira appreciated marginally to N307.25 to the dollar on the interbank forex market yesterday, up from the N308.69 to the dollar it closed last Friday. But on the parallel market, the naira remained unchanged at N425 to the dollar yesterday.

NBS Updates Capital Import Figures Nigeria's total value of capital imported into the country was estimated at $1.04 billion in the second quarter of the year (Q2 2016), representing an increase of 46.58 per cent compared to $710 million in the previous quarter, according to updated figures by the National Bureau of Statistics (NBS), which were released yesterday. However, the new figures represented a decline of 60.91 per cent relative to the corresponding quarter of 2015, and contrasted with the preliminary estimate which was based on the first two months of the quarter, which indicated a quarter-on-quarter decrease of 8.98 per cent. The release by the NBS came just as the Minister of Finance, Mrs Kemi Adeosun, called for reduction in interest rate to boost growth. The updated version supersedes the preliminary report published in which capital importation for June 2016 was only an estimation as figures were not readily available then. Nevertheless, the NBS said it deemed it necessary to provide an update having laid hands on the real figures for June, which appeared to reset the calculations that earlier put total capital importation at about $647.1 million for Q2. The NBS said a sharp increase in June outweighed the low values recorded in April and May as the level of capital imported in June was the highest monthly value in 2016. It added that the value of capital importation rose to $610.77 million in June, more than the previous three months combined due to a surge in loans, and helped by a significant change in exchange rate policy as the Central Bank of Nigeria (CBN) opted to move to a more flexible regime. Specifically, the NBS said analysis showed that "the sharp rise in June in particular and Q2 2016 over Q1 2016 in general was due to a 115.12% quarter-on-quarter and 239.48% year-on-year rise in loans predominantly to the oil and gas (862.02% quarter-on-quarter rise and 4,023.25% rise year on year) and telecoms sectors (783.25% quarter on quarter and 14.22% rise year on year)". In May, the value of capital imported was the lowest since August 2009, it added. According to the statistical agency, quarter on quarter, the foreign direct investment (FDI), portfolio investment and other investments all recorded increases, with

other investments recording an increase of 96.09 per cent and accounting for $520.57 million, or 49.95 per cent of the total share of capital imported relative to the previous quarter. Portfolio investment, which was the second largest component recorded an increase of 24.45 per cent and accounted for 337.31 million, or 32.37 per cent of total capital imported. Furthermore, portfolio investment was dominated by equity, which accounted for 82.95 per cent, a slightly lower share than a year previously when the share was 84.56 per cent but higher than in the previous quarter when it accounted for 74.41 per cent. On the other hand, FDI recorded an increase of 5.64 per cent in the period under review and accounted for a total of $184.29 million, representing 17.68 per cent of the total figure. Equity accounted for the vast majority of FDI, leaving only $0.08 million as capital imported in the form of other capital. Providing a sectoral breakdown of capital imported in Q2, the NBS stated that the value of share capital imported into the country was $347.99 million, a significant increase relative to the first quarter of 42.89 per cent. Year on year, while share capital declined by 72.83 per cent. It said: "Despite the large quarterly increase, the proportion of total imported capital that shares accounted for in the second quarter was 33.39%, slightly lower than the proportion of 34.25% recorded in the first quarter. It is also less than half the proportion it accounted for in the same quarter of 2015, which is 70.41%. Nevertheless, share capital still accounts for a larger proportion of total imported capital than any individual sector.

"For the first time on record, the sector to import the largest amount of capital was Oil and Gas, which accounted for $200.39 million, or 19.23% of the total. In all previous quarters, the sector to import the most capital had been either Banking, Financing, Production or Telecommunications. The Oil and Gas sector is characterised by occasional high levels of capital importation, interspersed with periods in which very little capital is imported. This sector imported $20.83 million in the previous quarter, and only $4.86 million a year previously." Continuing, it said: "The sector to import the second largest amount of capital was Servicing, which imported capital worth $119.75 million in the second quarter, or 11.49% of the total. This represents a large increase relative to both the same quarter the previous year when capital worth $12.83 million was imported, and the previous quarter in which the value was $55.05 million. "There were five sectors to record no capital importation in the second quarter of 2016 (Marketing, Hotels, Tanning, Transport and Weaving), one more than in the previous quarter. In addition, half of the 20 sectors recorded either a decline in the amount of capital imported relative to the previous quarter, or no change. "The largest fall was in the Electrical sector, which recorded $57.31 million less. By contrast, Oil and Gas recorded the largest increase, and imported $179.56 million more than in the previous quarter, but Telecommunications also recorded a notable increase of $105.27 million, from $13.44 million in the first quarter, to $118.71 million in the second quarter of 2016."

NJC INVESTIGATES JUDGES DELIVERING CONFLICTING JUDGMENTS conflicting judgments and that it was investigating the petitions. As part of the investigation, THISDAY learnt that the NJC had already written to the Independent National Electoral Commission (INEC), asking the commission to forward to the council conflicting judgments delivered by judges against the commission. INEC had at various fora complained that its work was being hampered by conflicting judgments. The commission cited an instance where a court ordered the commission to exclude the Peoples Democratic Party (PDP) only for another court with concurrent jurisdiction to order that the party be included. The CJN said that at the end of the investigation, appropriate actions would be taken against any judge found culpable. There have been a couple of conflicting judgments in recent times, both at the

level of the Court of Appeal and the Federal High Court. The most recent in the various judgments is the PDP suits on its National Convention, emanating from both Abuja and Port Harcourt divisions of the Federal High Court. Continued on page 8

TOP GAINERS NGN NGN % CONOIL 3.26 35.10 10.2 TOTAL 12.50 262.50 5.0 MRSOIL 1.83 38.48 4.9 TRANSCORP 0.05 1.09 4.8 SKYEBANK 0.03 0.66 4.7 TOP LOSERS NGN NGN % SEVEN-UP 7.30 139.15 4.9 FIDSON 0.08 1.53 4.9 PZ CUSSONS 0.93 18.07 4.8 AVONCROWN 0.06 1.32 4.3 AFRIPRUD 0.12 2.70 4.2 HPE Nestle Nig Plc ₦825.00 Volume: 328.203 million shares Value: N2.894 billion Deals: 3,215 As at yesterday 19/09/16 See details on Page 36

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Women Affairs Minister Collapses in Adamawa Revived with a bottle of Coke

Daji Sani in Yola The Minister of Women Affairs, Hajiya Aisha Alhassan, collapsed yesterday at the Internally Displaced Persons' (IDPs) camp in Fufore Local Government Area of Adamawa State while addressing vulnerable IDP women inside a store in the camp. Alhassan, who was in crutches when she arrived the camp, and after addressing the IDPs, entered the store to discuss with some of the said vulnerable women sequel to an allegation by some foreign non-governmental organisations (NGOs) on violation of some girls and women at the IDPs' camps in the North-east.

While discussing with the women, she collapsed, but was quickly assisted to a chair and given a bottle of Coke to drink, which revived her. According to some of her aides, she had been diagnosed with low sugar, a problem that creates serious weakness of the body. But despite her state of health, she managed to explain to journalists at the camp that her fact-finding mission to Yobe, Borno and Adamawa States tend to confirm the foreign NGOs' allegation. The minister had earlier said that she was at the camp to give a message from President Muhammadu Buhari to the displaced

persons, who wanted them to cheer up despite the hardship because everything was being done to ensure that they go back to their homes. She told the IDPs that the president was touched by their suffering and that was why he sent her to come and donate relief materials and felicitate with them. Alhassan also paid a courtesy visit to the Governor of Adamawa State, Alhaji Muhammadu Bindow, and told him that her visit to the IDPs was to investigate allegations of violation of girls and women and the compound issues of orphans and the vulnerable. She used the occasion to remind the governor of calls

by various women groups on the need to return the women development centre, which was given to the Court of Appeal for its use. The state Commissioner for Information, Mr. Ahmad Sajoh, in his remarks, told the minister and her staff that the governor celebrated the last Ed-el-Kabir with the IDPs at the Malkohi camp. According to Sajoh, the governor and his cabinet, including some All Progressives Congress (APC) stalwarts ate and danced with the displaced persons. In his brief remarks, Bindow stressed the need for peaceful co-existence, adding: “Without peace, no one would readily do anything.”

Alhassan The Deputy Governor, Mr. Martins Babale, in a vote of thanks, observed that keeping the IDPs was still a problem because of the state of the

economy. According to him, the state was still expecting about 56,000 displaced persons from Cameroun.

verdicts that were totally in conflict with one another. He called on the CJN and the NJC to step in immediately to control the damage already done in order to save the justice system from further ridicule. The Nigeria Bar Association (NBA) President, Mr. Abubakar Mahmud (SAN), in his address reiterated the need for the bar to guard the reputation of the judiciary jealously. "On our part, we shall continue to be strong advocates of the greater independence of the judiciary. But that means we will fight even those within who seek to undermine its reputation," he said. Speaking on the state of the nation, Mahmud admitted that the country was facing daunting challenges. He said: "Getting out of our present situation

demands concerted efforts of all citizens and all institutions. The expectation of the legal profession is enormous. We must demonstrate patriotism and leadership as well as knowledge and skills. We must work to enhance confidence in the legal system, promote the rule of law, guarantee protection of citizens as well as promote the sanctity of contractual obligations thereby improving the business environment." Speaking on behalf of the new SANs, the Director General of the Nigerian Law School, Mr. Olanrewaju Onadeko, who is the most senior, called for an effective pupillage system for new entrants into the legal profession, adding that such would avail them of a period of hands-on apprenticeship in law establishments, for a total comprehension of law practice.

members have been told to go to their caucuses to mobilise themselves. It's not the time to talk of APC or PDP," he said. Also speaking on the matter, Chairman, Senate Committee on Rules and Business, Senator Baba Garbai, said in the next two months, Senate's activities would be dominated by the economic recession, adding that some of the discussions would be open to the general public while some would not. He said: "We have also seen that people are actually going through a lot of hardship because of the various problems we are undergoing as a result of the economic recession in the country. The discussions, particularly within the next two months, in the Senate will

be dominated by issues relating to the economy, especially how to rescue the economy out of the recession we are currently facing.” According to him: "Tomorrow (today), we will actually have discussions bothering on recession. Some will be open to everybody in the plenary, and we will also have a close door session where we will hold discussions with some resource persons in relation to the recession. “We have several items on our order paper for tomorrow (today) but the discussion on the recession will dominate the session. And most parts of the entire legislative session will be geared towards deliberations on how to bail out the economy from the current recession."

NJC INVESTIGATES JUDGES DELIVERING CONFLICTING JUDGMENTS Mohammed further expressed dismay over the growing trend of the disregard for laid down precedents in decisions from various levels of courts, especially at the appellate court. He stated that every court in Nigeria is bound by the decisions of the Supreme Court and should not graft a different outcome from those expressly laid down by the Supreme Court. "Several conflicting decisions were recklessly dished out by the Court of Appeal last year in appeals arising from various decisions of the Election Petitions Tribunals, given on election petitions filed by parties who lost in the general election conducted in April 2015. Such decisions were made as a result of flagrant refusal of the panels of the Court of Appeal involved, to be bound not only by its own decisions but also by

the decision of this court," he said. On the delay in the justice system, the CJN heaped part of the blame on lawyers who exploit loopholes in the law to pervert the cause of justice. "While we all rush to rehash the age-old rhetoric that justice delayed is justice denied, the actions of our key stakeholders, particularly members of the bar have often proven to be far from words,” he said. According to him, "Sadly, certain members of the Bar are conspicuous in utilising unethical, frivolous applications and appeals, multiplicity of actions in courts of co-ordinate jurisdiction and other act of calumny to frustrate the speedy dispensation of justice. The Supreme Court takes a dim view of such delays and we will constantly introduce measures to reduce delay in the administration of justice

as the past year's statistics will doubtless testify." The CJN also warned lawyers to cease writing petitions against judicial officers directly to President Muhammadu Buhari and directed judges to deal with any lawyer that maligned them. He advised lawyers to address their petition to the NJC and promised that the council would act on it without delay. Mohammed, who is proceeding on retirement in November 2016, charged the new SANs to imbibe the highest tenets of integrity and humility befitting their status. In his speech, the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), expressed concern over conflicting judgments from various courts in the land. Malami, who was represented by the Solicitor

General of the Federation, Mr. Taiwo Abidogun, called on the leadership of the judiciary to move fast in order to prevent the continuation of such occurrence. He also charged the Legal Practitioners Privileges Committee to come up with a policy that would further ensure that those who were admitted into the inner bar were qualified both in practice and character. He charged the new SANs to remain shining lights in the practice of law. Speaking on behalf of the body of Senior Advocate of Nigeria, Chief Onomigbo Okpoko noted that the judiciary in the nation had in recent time witnessed the show of shame brought about by courts of co-ordinate jurisdiction assuming jurisdiction to hear the same dispute, between the same parties and delivering

SARAKI: SENATE'S MANDATE THIS SESSION IS ECONOMY, ECONOMY, ECONOMY THISDAY learnt on Monday that after the Senate President, Dr. Bukola Saraki, delivers his welcome address, which would be predicated mainly on the recession and the role expected to be played by the Senate in the recovery process, the Senate would dissolve into a closed-door session where senators would be addressed by an expert on the state of the recession and the way out. The outcome of the expert's briefing, it was further learnt, would set the tone for debate on the recession by senators. Saraki had told journalists at his Ilorin, Kwara State home, during the Eid-elKabir celebrations, that the Senate upon resumption would devote more time to efforts to help the executive

pull the economy out of recession. He was said to have reiterated this resolve at the meeting of principal officers of the Senate, telling them that everything must be done to quickly revamp the economy and give Nigerians a new lease of life. THISDAY also learnt that the volume of the presentation to the Senate by the expert would further determine the body of suggestions that the chamber would present to the executive as its contribution towards the efforts to resolve the crisis. In preparation for the moves, the principal officers of the Senate held an exhaustive meeting yesterday afternoon on how they would set the agenda for their colleagues

on efforts to bring the nation out of the economic doldrums. After yesterday's meeting of the principal officers, each of the two caucus in the chamber, also met later in the night with a view to ensuring that the recession is addressed from a patriotic point of view. It was also learnt that the Senate president would lead the All Progressives Congress (APC) caucus meeting while the Deputy Senate President, Senator Ike Ekweremadu, would lead the PDP caucus into its own meeting. However, the agenda for the caucuses' meetings were predicated on the decision reached by the principal officers of the Senate on which both presiding officers sought to prevail on their colleagues not to

use the economic crisis as an avenue for name calling or play blame game but rather to be handled by senators as statesmen until there is solution to the crisis. A source who did not want to be named disclosed that the caucus meetings served as the fora to mobilise members and simultaneously enlist their adequate support for the recovery moves without bickering. "The caucus will prepare the minds of members ahead of the plenary for a solution to the crisis. It is time to move Nigeria forward as a team. So, tomorrow, all that will be discussed will be Nigeria's problem and the Senate must unite to proffer solution to Nigerian problem. That is why

T H I S D AY TUESDAY SEPTEMBER 20, 2016

C E L E B R A T I N G

EXCELLENCE The Directors, Board of Governors and entire Day Waterman College Staff would like our parents and well-wishers to join us in congratulating our fifth

TOP 25 STUDENTS S/N CAND. NO.

RESULT ANALYSIS

set of Year 11 students (2015/16 academic session)

0020

9A* 1A

on achieving outstanding results in their 2016 IGCSE

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9A* 1A

examinations.

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8A* 2A

They have done every one proud by achieving:

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8A* 1A 1B

28.9 % A*; 54.6% A*– A; 80.7% A* – B; 94.2% A* – C.

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8A* 1A 1C

0012

7A* 2A 1B

0034

7A* 2A 1B

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7A* 2A 1C

0010

7A* 2A

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7A* 1A 2B

0052

7A* 1A 1B

0027

6A* 3A

0063

6A* 3A 1B

0059

6A* 3A 1C

0037

6A* 2B 1C

0003

5A* 4A 1B

0042

5A* 4A

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5A* 3A

and forms can be obtained from our Lagos Office and school

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premises.

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5A* 3A 1B

For further enquiries, please:

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5A* 3A 1B

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5A* 3A 1B

0019

5A* 2A 2B

0043

5A* 3B 1C

0009

4A* 5A 1C

OPEN DAY 2016 10.00am on Saturday, 8 October 2016

You are warmly invited to our Open Day so you can see what makes Day Waterman College such a special place.

ENTRANCE EXAM 10.00am on Saturday, 12 November 2016

Application forms for entry into Years 7 to 9 for 2017/2018 Academic Year are on sale at our Lagos Office and school premises. Applications for Indigent scholarship placements are also open

e-mail – admissions@dwc.org.ng; call – 0805 869 8071, 0815 729 2912, 0805 869 8081; or visit our website – www.dwc.org.ng. Day Waterman College: Asu Village Road, Off Sagamu-Abeokuta Expressway, Ogun State Day Waterman College Lagos Liaison Office: 18B Thompson Avenue, Ikoyi, Lagos State

TUESDAY SEPTEMBER 20, 2016 • T H I S D AY

NEWS

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

Crude Oil Prices Rise 2% as Venezuela Rekindles Hopes of Output Freeze Militants breach another trunkline in Delta

Ejiofor Alike in Lagos and Sylvester Idowu in Warri withi agency reports Crude oil prices rose by two per cent yesterday after Venezuela reportedly hinted that the Organisation of Petroleum Exporting Countries (OPEC) and other major oil producers could agree to output cuts and as clashes in Libya

disrupted the country’s attempts to boost crude exports. While global benchmark, Brent crude futures were up 2.1 per cent, at $46.75 a barrel, the United States West Texas Intermediate (WTI) crude futures rose by 2.2 percent, to $44 per barrel. Reuters reported that Brent had hit a two-week low last week and WTI fell to a five-week low on

PDP Reconciliation Inevitable, Says Makarfi Onyebuchi Ezigbo in Abuja The Chairman of the National Caretaker Committee of the Peoples Democratic Party (PDP), Senator Ahmed Makarfi, has said peaceful reconciliation is the best way to end the current crisis rocking the party. He described the current crisis in the party as a baptism, of fire noting that he has no doubt that the opposition party will come out stronger. Makarfi ‘s position came on the heels of the insistence by factional National Chairman, Senator Ali Modu Sheriff that he only accept a peace deal that is in line with the PDP Constitution. Speaking at a press briefing on Abuja yesterday, the PDP leader said the party is committed to reconciliation if all the interest groups in the party. Makarfi said even if the party is victorious in court, there would still be need for reconciliation, stating that the party is making serious efforts to resolve the crisis in the party. However, he said such reconciliation must be based on rational demands. The PDP Caretaker Committee Chairman said the committee is not about themselves and , therefore it will do anything the generality of PDP members want. “Not only shall we rise and run. We shall rise and fly. We are doing everything possible. Even if you are victorious in court, you still need to come home and do reconciliation. So. It is better if we

can achieve that before instead of leaving it to litigation to settle down. “We are not representing ourselves. Whatever the party wants, we will do. We don’t have personal interest in this matter. We listen to the opinions of the overwhelming members of the PDP. “Reconciliation is something you talk less about. Because certain action being taken if you talk about, it you will indirectly be undermining the process. We are open to the reconciliation. There must be flexibility when you are talking of reconciliation. And of course the overwhelming views of majority of the members, even who ever you may classify as minority cannot also not also be ignored, you must make concession here and the thee and “I believe that the party is ready to do that. But that will be the basis of rational and reasonable demands. So that we can all work as one family,” he said. Similarly, the secretary of caretaker committee, Senator Ben NdiObi said the committee is committed to restoring the party to its past glory. “We deeply committed in making sure that the PDP comes back to its old self. That is what the chairman has been busy doing in the last three four weeks, meeting various leaders across the country in search for peace. He noted that the country needs to be rescued and needs the active involvement of a strong and united PDP.

Osinbajo Says Blowing of Pipelines Contributed to Recession

Tobi Soniyi in Abuja

Vice President, Yemi Osinbajo (SAN), yesterday said destruction of oil and gas pipelines by the Niger Delta militants contributed to the present economic situation in the country. Osinbajo spoke at the Quarterly Business Forum between private sector investors and the presidency, held at the State House Conference Centre in Abuja. The vice president said the country was losing a lot of revenue due to pipeline vandalism. According to him, the federal government was making all efforts to ensure that the economy was back on track. He expressed regret that Nigerians had been criticising the government instead of engaging in

critical analysis of what led to the present recession in the country. Osinbajo explained that instead of the production of 2.2 million barrels of crude oil per day, less than 1.1 million barrels could be produced because of the activities of the militants. He said the situation had affected the expected revenue accruing to the government from sale of crude oil. Also at the forum, Minister of Budget and National Planning, Senator Udo Udoma, said food inflation rose to 15.8 per cent while core inflation was 16.9 per cent in July. He stated that with the fall in crude oil prices from over $110 per barrel in 2014 to less than $30 per barrel in the 1st quarter of 2016, the market expectations were that prices would remain unstable

concerns about oversupply with more deliveries from Libya and Nigeria. Clashes in Libya on Sunday, however, halted the loading of the first oil cargo from the port of Ras Lanuf as the state-run National Oil Corporation prepared to restart exports from the ports blockaded for several years. Oil prices also rose after Venezuelan President Nicolas Maduro said on Sunday that OPEC and other major oil producers were close to reaching a deal on price stability that could be announced later this month. OPEC and non-OPEC members are to meet on the sidelines of an industry conference in Algeria next week for talks on the potentially freezing oil production. OPEC members may call an extraordinary meeting to discuss oil prices if they reach consensus, OPEC Secretary-General Mohammed Barkindo said on Sunday. OPEC’s all-important policy

meeting is due in November. Analysts had persistently discounted the possibility that OPEC members such as Saudi Arabia, Iran, Nigeria and Libya would agree to production curbs as they ramped up output to protect market share. But with the Algiers talks approaching, some opinions were shifting. During a visit to Algiers at the weekend, Barkindo had stated that OPEC members might call an extraordinary meeting to discuss oil prices if they reach consensus at an informal gathering in Algiers this month, Barkindo said he was optimistic about the meeting in Algeria on Sept. 26-28 but added that the group is not seeking a definite price range for oil but stability for the market. He had previously hinted that discussions in Algiers would be consultations and no major decisions would be made during talks with OPEC and non-OPEC producers.

“The informal gathering was proposed as a move to having an extraordinary meeting with the aim of taking decisions to stabilise the market,” Barkindo said. Algeria’s Energy Minister Noureddine Bouterfa last week said there was a consensus among OPEC and non-OPEC members about the need to stabilise the oil market, and has been pushing for a price around $50 to $60 a barrel. “Algeria has a proposal for participants in the Algiers meeting. Consultations with our partners show there is a consensus around the need to stabilise the market. That is already a positive,” Bouterfa said. Russia, Iran and other major oil producers are due to take part in the Algiers meeting. Meanwhile, militant group, Niger Delta Greenland Justice Mandate (NDGJM) on Sunday night claimed it has breached the Afiesere-Ekiugbo delivery line in Ughelli, Delta State operated by NPDC-Shoreline. It claimed that its Opudo Strike

Force attacked the pipeline on Sunday at about 11.30 p.m, maintaining that the group’s Operation Crocodile Tears was not slowing down. According to a statement signed by its Spokesperson, Aldo Agbalaja, the militant group said “the song will continue to play” and achieved its target until the Federal Government takes the proper steps. “The Opudo strike force, at about 11:30 pm on Sunday, September 18, 2016, struck the Afiesere - Ekiugbo delivery line in Ughelli, operated by NPDC/Shoreline. “The Operation Crocodile Tears is not slowing down, but determined to achieve target. Until the federal government takes the proper steps, this song will continue to play”, it said. THISDAY checks within the security circles confirmed that the trunkline was indeed breached and

Cont’d on page 38

GLOBAL AMBASSADORS

L-R: Founder & Executive Chairman of Ali Baba Group, Jack Ma; former British Prime Minister and UN Special Envoy for Global Education, Gordon Brown; President, Dangote Group, Aliko Dangote; and Group Chief Strategy Officer, Dr. Abdu Mukthar, at the launch of the United Nations Education Commission ‘s ‘The Learning Generation’ presented to the UN Secretary General, Ban Kim Moon, at the UN Headquarters in New York...yesterday

Boko Haram Ambushes Military Escort, Kills Five Civilians in Borno Three soldiers injured Killings in Chibok not inside a church Senator Iroegbu in Abuja Boko Haram terrorists yesterday afternoon ambushed a military escort in Borno State, killing five civilians and injuring three soldiers in the attack. The Director of Army Public Relations (DAPR), Col. Sani Usman, said suspected elements of the remnants of the terrorists who were foraging for food, ambushed troops of Operation Lafi Dole escorting commercial vehicles from Damboa to Maiduguri at Sanda general area of the state. “Unfortunately, five civilians lost their lives in the attack and another died on the way to the hospital. Three soldiers also sustained

injuries,” Usman stated. He said the wounded have been evacuated to Maiduguri. Consequently, he said another robust patrol team has been dispatched to reinforce the troops, clear the general area and pursue the terrorists. Usman stressed that the unfortunate incident has brought to the fore the need for more vigilance and cooperation among all. He said: “We would like to assure the public that we would not allow this isolated incident to thwart the peace and security commuters enjoy along the route and all other opened routes in the North-east. “Troops are on the heels of the

attackers and would not relent till they are apprehended or killed. Additional security measures have also been placed to avert reoccurrence. “In addition, the Theatre Command, Operation Lafiya Dole, wishes to clarify that alleged suspected Boko Haram terrorists attack at Chibok is not correct,” Usman said. He explained: “what happened was that two persons were murdered at Kwamjilari village, (which is over 30 kilometres from Chibok, and very close to Sambisa forest), by suspected remnants of Boko Haram terrorists looking for food.” The army spokesman reiterated

that the victims weren’t killed outside or near a church as being bandied around. He stated that “the people from the said village are all in Internally Displaced Persons (IDPs) camp in Chibok.” Usman said those who went back to the village without the authorisation were moved back to Chibok two weeks ago, adding that “those killed went back on their own contrary to security advice.” Nevertheless, he assured the public that a patrol team was sent from Chibok to the village this morning. He also noted that adequate measures would be taken to ensure no one go back to the village for now.

T H I S D AY TUESDAY SEPTEMBER 20, 2016

TUESDAY SEPTEMBER 20, 2016 • T H I S D AY

NEWS

Buhari Assures Investors of Safety Says Nigeria facing challenges, pledges to get economy running

Tobi Soniyi and Dele Ogbodo in Abuja President Muhammadu Buhari has assured existing and potential

investors in Nigeria of adequate protection of their lives, investments and property. Speaking at a bilateral meeting yesterday with President Jacob Zuma

Edo Guber: Candidates of Action Alliance, ACD Endorse Ize-Iyamu Adibe EmenyonuinBeninCity Candidates of the Action Alliance (AA) and Advanced Congress of Democrats (ACD) in the September 28 Edo State governorship election, Ishaka Paul Ofomile and Andrew Igwemoh, respectively, have announced their withdrawal from the election and have adopted the candidate of the Peoples Democratic Party (PDP), Pastor Osagie Ize-Iyamu. Earlier, the candidates of the KOWA Party, Thompson Osadolor, and the People for Democratic Change (PDC), BishopAkharame, had stepped down for Ize-Iyamu, bringing the number of candidates who have withdrew their gubernatorial ambitions for Ize-Iyamu to four. Ofomile and Igwemoh, who made the declaration yesterday during a PDP rally held in Okpella, Etsako East Local Government Area of the state, said their decision to endorse the PDP candidate was an easy one, pointing out that Ize-Iyamu was fully prepared for the office he is seeking and will offer the best hope for the state. The ACD candidate, who is

from the same Iyamho community with the state Governor, Adams Oshiomhole, pointed out that it would have been easy for him to align with the governor and the All Progressives Congress (APC) candidate, Godwin Obaseki, but the issue of who governs the state was not a “brotherly affair.” He said Oshiomhole only developed a section of Iyamho community, regretting that the governor has succeeded in building a university in Iyamho that is not affordable for the people of the community. According to him, “We have collapsed our structure and are now working for a team that can take the state to Eldorado. They (APC) promised to create 200,000 jobs when they have not even created 1,000 jobs.” In his remarksPastor Ize-Iyamu regretted that Oshiomhole abandoned Okpella despite the overwhelming support given to him, adding that the governor ruled as if Okpella was not part of Etsako and did not harness the huge mineral deposits it possesses.

of South Africa in New York, on the sidelines of the 71st Session of the United Nations General Assembly, Buhari said the security situation in Nigeria had become very much better and conducive. Buhari also said advances being made against Boko Haram insurgents went beyond degradation through just force of arms. He said: “The de-radicalisation process is also going on, and we are achieving some measure of success. Even suicide bombing is becoming rare, as the local people are themselves rejecting indoctrination by the insurgents.” Buhari said Nigeria was working hard to diversify the economy and expressed willingness to collaborate with South African businessmen especially in the areas of mining and agriculture, for the mutual benefit of the two countries. In his remarks, Zuma recollected his visit to Nigeria earlier this year which he described as “very successful.” He added that he was interested in the promotion of economic and trade partnerships between the two countries. At another bilateral meeting with President Macky Sall of Senegal, both Buhari and the Senegalese President expressed their happiness at the good cropping season being experienced in their countries. The two presidents also reviewed the situation in Guinea Bissau and concluded that political leaders in the country should make sacrifices to

guarantee peace and development of the country. Meanwhile, Buhari yesterday admitted that the Nigerian project is presently facing challenges on every facet of the society. While pledging to get the economy out of the woods, he said the solutions to the challenges must be fast tracked to get the economy up and running again. To set Nigeria on the path of greatness and prosperity, Buhari, stated that complete elimination of all forms of corrupt practices must be in the front burner, adding that this must be in the collective consciousness of every Nigerian. The president, who was represented by the Head of Service of the Federation (HoSF), Mrs. Winifred Oyo-Ita, made the disclosure at the 2016 Nigerian Institute of Management (NIM) annual conference in Abuja. According to him, the theme, Building a New Nigeria: strategic options and policy, chosen by the institute is apt and relevant towards charting a new course and national reorientation because of the present state of affairs in the country. He admitted that the theme is in tandem with the policy and working agenda of the present administration. He said: “You will agree with me that great a nation is the reward of great leadership built on good governance. This is our motivation and value proposition.

“My administration will, therefore, continue to fight corruption and associated social vices at all levels until they are exterminated from our body polity. “By choosing this theme as the focus of this year’s Conference, the Institute has further demonstrated in thought and deed that it is committed to supporting government in achieving its drive to reposition and turn around the nation’s economy.” On the need for Nigerians to imbibe the institute’s code of conduct, he said: “I therefore, call on the Institute to ensure that its code of conduct becomes a culture for all Nigerians through their interaction and collaboration with the National Orientation Agency (NOA) and other relevant agencies that will support this cause. “If all Nigerians align themselves with the Institute’s code conduct, Nigeria shall become an enviable nation.” The president, said government has not relented in its resolve to ensure that it delivers the dividends of democracy to Nigerians through good governance, especially in the areas of providing security, fighting corruption, employment generation and diversification of the economy. He, however commended the contributions and support of the NIM towards national development and the professionalism it has demonstrated in the areas of public policy advocacy and other

programmes on topical issues affecting Nigeria. “I further challenge the Institute to improve its visibility at public sessions of the National Assembly when Bills are being considered so as to make more robustprofessional management input that will be most relevant in the public domain. “To set this country on the path of greatness and prosperity, complete elimination of all forms of corrupt practices must be in the front burner and our collective consciousness always.” he said. In his remark, the president of NIM, Prof. Munzali Jibril, blamed past leaders for the mismanagement of the nation’s resources, adding, that this has accounted for the low development indices over the years. While, blaming the present challenges of the economy on over dependence on oil, he said Nigeria has only succeeded in building strong individuals and weak institutions. He said: “As the world’s seventh largest producer of oil, the nation had earned stupendous income (trillions of dollars) from the resource and, therefore, has no business being poor and underdeveloped.” While advocating for the diversification of the economy, he called on members of the institute to do away with avarice, self aggrandisement, contract splitting and over invoicing, greed and other vices that are common place in the work place.

T H I S D AY TUESDAY SEPTEMBER 20, 2016

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T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

COMMENT

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

KOGI GOVERNORSHIP: THE SEARCH FOR JUSTICE

Lukmam Nurudeen contends the Supreme Court judgment will be a test case for the judiciary

ne evening about two weeks ago, a friend was part of a group that went to visit Alh. Yahaya Bello in his High Ground official residence. While waiting for the Kogi State Governor, he noticed a flurry of activities that culminated in some five brand new state- of- the- art Sport Utility Vehicles (SUVs) taking their departure for Abuja under heavy security cover. The vehicles were said to be part of a comprehensive package meant to guarantee Bello’s four-year tenure as Kogi’s Governor. When the governor eventually joined his visitors in a moment of ecstasy he jocularly asked them if they “have come to congratulate me on my Supreme Court victory?” He then went on to boast that nothing would remove him as Governor of Kogi State until he has served out his first and second terms in office. About the time Bello was making his unguided jibes, Duro Meseko, spokesperson of the Audu/Faleke Political Organisation issued a statement. He said the group has uncovered moves by Governor Bello and some of his senior officials to convince the leadership of the Department of State Services (DSS) to write a security report advising the Chief Justice of Nigeria (CJN) on the implications of Bello’s removal from office. “According to reports, the DSS is to state in their report that there would be anarchy in the state should the governor be removed from office.” Noting that there is no smoke without fire, Meseko allayed the fears and assured that Bello’s removal would not pose security threats in the land. Bello is fighting the battle of his life. He has also been deploying both conventional and unconventional weapons to ensure victory in the series of legal mines against his governorship. So far his tactics have been rewarding. The Kogi Governorship Election Petitions Tribunal unanimously threw out all the six petitions that challenged his return as governor of the state. Against popular expectation Justice Halima Mohammed, the tribunal chairman, threw out all the petitions for either lack of merit or no locus standi. Some of the petitioners proceeded to the Appeal Court. Again Bello’s election was upheld, but this time not without a dissent. In the case brought by candidate of the Peoples Democratic Party and immediate past Governor, Capt. Idris Wada, one of the five -member Appeal panel, Justice Obande Ogbuinya in a minority judgment held that Bello’s election was unconstitutional as he did not participate in all stages of the electoral process. He therefore annulled the poll and ordered INEC to conduct fresh election within 90 days. Dissatisfied with the judgment on one hand and buoyed by the minority ruling on the other, James Faleke, running mate to late. Abubakar Audu, the All Progressives Congress (APC) candidate who died during the Nov. 21, 2015 governorship election and Capt. Wada approached the apex court to test decisions of the lower courts. The case before the Supreme Court in a way has diverted attention from Bello’s rather unimpressive handling of the affairs of Kogi State. Aside rising crime waves in the state, an unending staff screening exercise has deprived most civil servants of eight months’ salary arrears and left accounts of the 21 local governments in the state firmly pocketed in Bello’s babanringa. Kogi State found itself in the current election/ legal conundrum when Prince Audu who was clearly coasting to victory, suddenly died before the election was concluded. As at the time he died, the APC candidate had polled about 240,000 votes while Wada, his closest rival

BELLO IS FIGHTING THE BATTLE OF HIS LIFE. HE HAS ALSO BEEN DEPLOYING BOTH CONVENTIONAL AND UNCONVENTIONAL WEAPONS TO ENSURE VICTORY IN THE SERIES OF LEGAL MINES AGAINST HIS GOVERNORSHIP

in the November 21 election scored 199,000 votes. However, some 49,000 votes were still outstanding. This is more than the 41,000 votes margin of victory. The Electoral Act which moderates the conduct of elections into public offices in Nigeria makes it mandatory for the yet to participate registered voters not to be disenfranchised. The Returning Officer consequently invoked the statutory provision and declared the election inconclusive. A new date for the supplementary poll was yet to be announced when news of Audu’s death broke. The dust generated by the unfortunate demise of the colourful politician was yet to settle when Abubakar Malami, Nigeria’s restive and clearly partisan Attorney General and Justice Minister, issued an unsolicited public advice to INEC to allow the APC change its candidate. Promptly, the party came in to claim all the votes leaving none for Audu’s rattled political patrimony. From a shaky start, the party went to its archive and awarded the disputed votes to Alh. Yahaya Bello, an enterprising young politician who came second in the primary that produced the fallen Audu. In the supplementary poll that held Saturday, December 5, 2015, Bello shored up the APC victory to 247,000 with his paltry 6,000 supplementary votes. The late Audu’s political family grumbled and protested. Wada and other candidates in the general election also cried blue murder, all to no avail. In the end, on January 27, Bello became the first man in Nigeria, nay humanity to win public office on the strength of a make- up election. The Supreme Court judgment will therefore be a test case for the judiciary and is bound to have far reaching implications for the growth of the country’s jurisprudence. Faleke is arguing that before his principal’s death, the election had been won and lost. Relying on past judicial pronouncements that votes cast in an election belong to the candidates sponsored by political parties, he contends that since he was on a joint ticket with Audu, the votes were for both of them. He said INEC conducted the supplementary election in error and is requesting the courts to declare him the heir of the votes and winner of the election. The PDP candidate on the other hand is also asking the court to declare him as winner of the election since he is the candidate with the highest votes alive. He argued that since Audu died in the middle of a general election and not during primary, the period allowed by law for the substitution of a candidate had elapsed. He argued further that Bello who was used to replace Audu could not inherit the votes of a dead person. He alleged that Bello was not even qualified to contest the election because he was not a registered voter in Kogi State and he went into the supplementary election without a running mate. Finally, he brought a forensic report and expert to show that the election was rigged in favour of the APC. At what stage does a joint ticket become activated? Can a candidate without a running mate be validly elected as governor? Can somebody not qualified to vote legally ask for the votes of others? Can votes of a corpse be transferred to the living or they die with him? Between a party and a candidate, who owns the votes cast in an election? What is the lifespan of the result of a primary election? Can materials presented and accepted as exhibit be said to have been dumped on a court? These and several other questions are expected to be perused and answered by the Eagle-eyed Supreme Court justices. Nurudeen is a Gombe State based public affairs commentator.

BUHARI IS NOT THE PLAGIARIST

The blame for the offence should be placed on the individual directly involved, argues Ikeogu Oke

uring the tenure of one of our past presidents, I was given a publication to distil some of its content for use in another publication. The publication, a “Mid-term Report” of the president’s administration, featured inputs from various ministries, departments and agencies. It was meant to project the goals and achievements of the government of the day. And, not surprisingly, its foreword was signed by the then incumbent president, an indication that his government endorsed it at the highest level. Unfortunately, the caption of that foreword signed by that president, thereby adopting it as his own, was spelt “forward.” Now, the WordWeb dictionary, defines “foreword” (a noun) as “a short introductory essay preceding the text of a book.” It also renders the meaning of “forward” (which can be a noun, a verb or an adjective) as “at, near or directed toward the front,” among other definitions. In fact, both words are homonyms and their meanings are totally unrelated. But I could not bring myself to think that the president in question did not know the difference between “foreword” and “forward” as the caption suggested, being aware of how the error could result from putting one’s faith in aides one believes to be competent who turn out to be the opposite. A competent proof-reader should have spotted the error before the publication was passed for the signature of the president in question or went to press. And one would not blame him for not playing the role of proof-reader for those behind the publication, in addition to that of a president

overseeing many serious matters of state, which is what it would amount to if one were to insist that he should have spotted the error himself. In fact, a president should have such aides, and such faith in their capabilities and integrity, that he should be able to adopt or sign off on any document they present to him without undue anxiety about any untoward consequences. Yet I found it inexcusable that a president who approved an annual education budget running into billions could be exposed to such risk of being deemed ignorant of the difference between both everyday words, whereas the thousands of citizens who benefit from that budget should be more than enough resource he can draw on and avoid such embarrassment. But I was not surprised that he could not, knowing the types of incompetents that surround our men of power, who they choose as aides often based on primordial considerations rather than merit. Such are the pitfalls of our nation having degenerated into a shrine for the worship of mediocrity, where glorified square pegs strive to fit into round holes in most public offices. And as we can see with the case I have cited, involving the former president, and the more recent charge of the plagiarism of President Barack Obama’s speech levelled against President Muhammadu Buhari, the victims of such institutionalisation of mediocrity can also be presidents, and their reputation can be threatened as a result, which necessitates their taking the lead in reversing the negative trend. But suffice it to say that President Buhari is not the plagiarist. He would have been if he personally wrote the speech. And it is noteworthy that his

media team has issued a statement identifying the culprit with a promise of appropriate sanctions, and by implication acknowledged the moral breach with regret. In fact, the origin of this plagiarism being wrongly attributed to President Buhari by some commentators may not be different from that of a similar charge levelled against the former Governor of the Central Bank of Nigeria (CBN), now Emir of Kano, Sanusi Lamido Sanusi. One Victor E. Dike, a Nigerian university don based in the United States, once sued Sanusi for allegedly plagiarising his work. But as Farooq Kperogi noted in his column entitled “Issues in Sanusi Lamido Sanusi’s plagiarism allegation,” published in Daily Trust of June 16, 2012, Sanusi “wasn’t personally responsible for the plagiarism” because “the speech was written for” him “by some intellectually slothful CBN employee.” Kperogi’s explanation reinforced that of the CBN’s Director of Corporate Communications, Ugochukwu A. Okoroafor, that “Mallam Sanusi Lamido Sanusi did not write the said paper” and that it was “prepared by professional researchers in the relevant departments of the Bank.” The point, which applies to both cases involving President Buhari and Sanusi, is that one cannot plagiarise another’s work by proxy. Also, that the blame for the offence should be placed on the individual directly involved. However, there are various lessons President Buhari can learn from this experience to deepen the wisdom he needs to run the country effectively. One is that the wrongs ascribed to people in power are not always committed by them, though they may be required to take responsibility or be

impacted by the consequences as in his plagiarism case. I hope realising this makes him more empathetic towards those who have travelled the difficult path of leadership before him. It also shows the quality of some of the people President Buhari may have chosen as aides, that one of them could believe they can steal from a speech delivered by someone as prominent as President Obama and not get caught in the age of the internet. I hesitate to call such theft foolish, as well as the hope of escaping detection, because anyone knowledgeable about the use of words and ideas, as a presidential speechwriter should be, should know that plagiarism never goes undetected. Incidentally, I believe that whoever pads a speech with someone else’s ideas, believing that they will benefit from the fraud and that it will go undetected, as every plagiarists does, will similarly pad anything else, including a budget with false projected expenditures, and payrolls with names of ghost workers, if possible. So Mr. President may have to consider that the demons of immorality he is trying to exorcise nationwide, for which he recently launched his “Change Begins with Me” campaign with a plagiarised speech – an irony, to say the least – may be thriving much closer to him than he can imagine. Does anyone wonder why any speechwriter would choose to turn the Nigerian president into an oratorical surrogate of his American counterpart? Of course the lack of self-confidence in those who run the affairs of our country, which often reflects as a country lacking confidence in itself, is partly to blame. Oke wrote from Abuja

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

EDITORIAL SERVING TERMS WITHOUT TRIAL There is urgent need to overhaul the criminal justice system

he recent disclosure that almost 90 per cent of inmates in Nigerian prisons are on the Awaiting Trial (AT) list should be of serious concern to stakeholders in our criminal justice system. Statistics released by the Centre for Crisis Communication (CCC) revealed a breakdown of the percentage of awaiting trial inmates to that of total number of inmates in eight prisons as follows: Ikoyi, 88 per cent; Katsina, 93 per cent; Kano Central, 59 per cent; Umuahia, 96 per cent; Owerri, 93 per cent; Port Harcourt, 89 per cent and Enugu, 85 per cent. This development, according to CCC Executive Secretary, Air Commodore Yusuf Anas (rtd), was indicative of a systemic failure in our criminal justice administration. Arguing that the unwieldy number of inmates in most of the prisons may be responsible for the recurring jailbreaks in Nigeria, the CCC suggested some practical ways to reduce the number of awaiting trial inmates. Such measures include an overhauling of our criminal justice THE HUGE GULF BETWEEN system as well as THE NUMBER OF “adequate funding of CONVICTED PERSONS the Nigerian Prisons AND THOSE AWAITING Service to enable it TRIAL CLEARLY SHOWS fortify the prisons THAT THE MACHINERY OF with trained personnel and modern JUSTICE DISPENSATION IN NIGERIA HAS ALMOST facilities that will aid security and surveilGROUND TO A HALT lance in our prisons”. While we commend the CCC and call on the authorities to look into their one-year report which deals with several issues of human dignity in Nigeria, what is particularly disturbing about the awaiting trial inmates is that many of them may have spent the equivalent years or even longer time than the period for which they would have been jailed if their cases had been promptly disposed of. But beyond that, the huge gulf between the number of convicted

Letters to the Editor

persons and those awaiting trial clearly shows that the machinery of justice dispensation in Nigeria has almost ground to a halt. Clearly, having these individuals languish in prison without any attempt at hearing their cases is a clear violation of their fundamental rights. While we do not advocate a wholesale release of these detainees, it does not make any sense keeping people behind bars for years in excess of the length of the prison terms they probably would have served had they been tried and convicted. And we are not even talking here of those who may be innocent of the alleged crimes for which they were arrested and put behind bars without trial. Therefore, there is an urgent need for both the federal and state judiciaries to recruit law officers to prosecute these cases.

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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

owever, there is a need to look more critically at what may be at the heart of the problem. One area of delay in justice dispensation in our country which usually leads to prisons congestion is the office of the Director of Public Prosecution. It has been established that some DPPs often take long time to assess cases referred to them, and in some instances case files could be misplaced. A former Chief Justice of Nigeria, Justice Dahiru Musdapher, once spoke strongly against these practices which he explained have contributed to the slow dispensation of justice in the country. He said it was inhuman to lock up suspects in prison custody without putting them on trial. We agreed with Justice Musdapher then and even more so now as we believe that the agony of suspects is needlessly prolonged by not bringing up charges before them in courts so that if convicted they could be jailed accordingly, and if found innocent, they would be released to go home and rebuild their lives. We do not believe that the end of justice is served by keeping accused persons under indefinite incarceration. We therefore call on the relevant authorities across the nation to review the cases of the awaiting trial inmates in our prisons.

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.

CASSAVA AND THE NIGERIAN ECONOMY

hat the Nigerian economy is currently in a mess is an understatement. The drastic drop in revenue accruable to the country through oil is almost crippling the economy. Being a mono economy, with crude oil accounting for about 95 of Nigeria’s foreign exchange receipts, Nigeria is understandably one of the hardest hit nations in the present slump in global oil price. The current national economic predicament is a direct result of the failure of the federal government to diversify the country’s economy. Succeeding administrations in the country had for long been paying lip services to the development of the non-oil sector. For instance, various administrations in the country have come out with different policies and programmes aimed at transforming the agriculture sector but the results have not always been anything worthwhile. The much celebrated ‘Operation Feed the Nation’ and ‘Green Revolution’ of the Obasanjo-led military government and the civilian administration of Sheu Shagari respectively did little to ensure food security for the country. But then, all hope is not lost as salvation beckons on the Nigerian economy. Ironically, the help could be from an unusual source. Take the back seat, crude oil! Enter Cassava, the magical crop! Cassava is one of the most drought-tolerant crops in the world. It can be successfully grown on marginal soils, and gives reasonable yields where many other crops do not grow well. Cassava is well adapted within latitudes 30° north and south of the equator, at elevations between sea level and 2000 metres above sea level, in equatorial temperatures, with rainfalls of 50 millimetres

to five metres annually, and to poor soils with a pH ranging from acidic to alkaline. These conditions are common in most parts of Africa and South America. Sadly, this all important crop has been neglected for long as its potential has not been fully maximised, especially in African countries. However, that is beginning to change as this long neglected but economically viable crop is presently experiencing a positive change of fortune. This, of course, is a welcome development since the crop feeds half-a-billion people in Africa every day, and is also grown by millions of subsistence farmers in the continent. In 2012, a major event that boosted the market value of the crop occurred when research revealed that cassava could be one of the most climate-resilient crops for smallholder farmers in sub-Saharan Africa. Equally, the International Fund for Agricultural Development (IFAD) recently revealed that cassava would become a miracle crop in Nigeria, if its potential was maximised. IFAD President, Dr Kanayo Nwanze, once disclosed that the crop would go a long way in serving both the poor and the rich in the future. However, for us in Nigeria to maximise the potential of cassava, there is a serious need to encourage the full participation of agro- allied industries. This is where agri-business high-level conference comes into fore. We need to bring on board seminars and workshops to be handled by experts in the field with a view to enlightening investors on the diverse economic potential of the crop. Recent development in the evolvement of the crop has shown that cassava is not only a food crop for ‘garri’ as the flour can also

be made into bread, muffin, range of cookies and pastries. It can also be used for animal feed, particularly ruminants like goats. Cassava produces sorbitol which is a highly sought-after component for the industry. It can also be used in the production of industrial starch. This is where the motivation comes in for agriculture based industries as the possibilities for returns on investment are simply limitless.It is quite evident from recent discoveries that cassava is a multiple-use crop. Similarly, it has been revealed that cassava flour will serve as a substitute to many food produce as well as cut down the country’s import bill. And this is where our agroindustry must be part and parcel of this process. The private sector needs to contribute to the process of developing the crop as it has a tremendous potential to contribute to the use of cassava as the potential miracle crop for the agricultural sector of Nigeria. However, in order to facilitate the active involvement of the private sector in maximising the crop’s potential, all tiers of governments need to create a conducive environment for both local farmers and potential entrepreneurs. A private sector investor desires to make profit just as the poor local farmer. If the local farmers are to be encouraged to produce more, we must encourage the private sector to be able to buy their produce. So, there is need to put in place concrete policies that will stimulate private sector investment in cassava related issues. Government must also put infrastructure in place, especially roads to rural areas where most of the farming takes place to cut cost and increase profit in marketing. Tayo Ogunbiyi, Ministry of Information and Strategy, Alausa, Lagos

20.09.2016

WEEKLY PULL-OUT

‘BUHARI NEEDS A S STRO NG ECONOMIC STRONG TEAM, NOT EMERGENCY POWERS’

Mrs. Chinelo Bob-Osamor

2/DASHBOARD

20.09.2016

Where it Involves an Issue of Law, Prior Leave to Raise Fresh Issues on Appeal Need Not be Sought PAGE 3

Arbitration: A Potent Platform for Dispute Resolution PAGE 4

Former ICPC Chairman, Oldest Female Judge, Others Bag Nigerian Legal Awards 2016 PAGE 4

‘A Lawyer Driven By Passion Can Do Exploits’ PAGE 5

25 Years After - Chief Samuel Olasupo Morohundiya Lives On PAGE 5

QUOTABLES 'The current federal appropriation system has bred laziness across many states of the federation. Nigerians must be brave in addressing the grievances and injustices committed on all sides that have pervaded the Nigerian society.’ – Former Chief Justice of Nigeria, Hon. Justice Dahiru Musdapher

Abia Governorship Tussle, Waiting on Supreme Court to Decide PAGE 6

Justice Abang’s Ruling on Abia: A Rape of Rule of Law? PAGE 7

COLUMNISTS 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.

ADERINSOLA FAGBURE Aderinsola is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five. She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. She is a member of the Nigerian Bar Association. Her column, “In black and white” discusses the need for innovation in the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.

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

LAW REPORT/3

Where it Involves an Issue of Law, Prior Leave to Raise Fresh Issues on Appeal Need Not be Sought

t is settled law that it is not necessary to seek leave of the appellate court to raise a fresh point on appeal where same involves a substantial issue of law. In the instant appeal, the Court of Appeal held that the issue of competence to sign a court process is a fundamental legal issue and as such, failure by the Respondent to seek prior leave to raise this issue will not prevent the Court from entertaining same, as it is a substantial legal question.

FACTS The Appellants applied for and to the Respondent for a share trading facility (“the facility”) in the sum of N500,000,000.00 to enable them purchase and trade in the shares of Blue Chip Companies. Following the application, the Respondent offered the 1st Appellant the requested facility. The Appellants failed to repay the outstanding amount upon the maturity of the facility. The Respondent therefore caused its Solicitor to write to the Appellants demanding payment of the outstanding sum which as at 13 May 2010 had accrued to N713, 385, 387 .65. The Appellants through their solicitor responded denying the facility and alleging that same was solely managed by the Respondent and Union Capital and as such owed no liability to the Respondent. Meanwhile, due to the sudden and sharp depreciation in value of the shares purchased with the facility as a result of the capital market crash, the Respondent sold the shares purchased, which formed part of the security for the facility granted, and realised the sum of N125, 210, 005 .00. This sum was deducted from the sum claimed by the Respondent leaving a balance of N676, 407, 968 .12 outstanding as at 31 August 2010. By an Originating Summons the Respondent as Claimant in the High Court of Lagos State (the “Trial Court”) instituted an action against the Appellant as Defendant. The Appellants in opposition filed a Notice of Preliminary Objection challenging the mode of commencement of the action averring that the facts were highly contested. In its ruling delivered on 22 March 2011, the Trial Court ordered that pleadings be filed by parties. The Respondent subsequently filed its Statement of Claim and other frontloaded processes, along with a Motion for summary judgment. The Appellant on its part filed a Statement of Defence and Counter-Claim and also filed a Counter-Affidavit and Written Address in opposition to the Respondent’s Motion for Summary Judgment. The Trial Court entered judgment in favour of the Respondent in the sum of N676,407,968.12 being the total outstanding sum due to the Claimant as at 31 August 2010 until final liquidation. Dissatisfied with the Judgment the appellants appealed against it at the Court of Appeal, Lagos Judicial Division. In their brief the Appellants formulated a sole issue for determination of the appeal: (i) Whether the trial court prejudged the case of the Appellants by entering a summary judgment in favour of the Respondent without hearing and determining the issues raised on the merits. The Respondent filed it’s Brief of argument and a Notice of Preliminary Objection (“PO”). In it’s PO, the Respondent raised the following issue for determination: (i) Whether the Appellants’ Statement of Defence and Counter-Claim and their Written Address in support of their Counter-Affidavit in opposition to the Respondent’s Motion for Summary Judgment (“the processes”) were incurably defective, incompetent and liable to be struck out, having not been signed by a Legal Practitioner in accordance with the provisions of the Legal Practitioners Act 1962. With respect to the PO, the Respondent submitted that a simple inspection of the signature appended to the said processes would determine that the name and designation of the person who appended the signature to the processes is not stated anywhere in the processes. He further submitted that this contradicted the laid down principle as relates to the signing of court processes, enunciated in the celebrated cases of OKAFOR v NWEKE (2007) 10NWLR (pt.1043) 521 and SLB CONSORTIUM LTD v NNPC (2011) 9NWLR (pt.1252) 317. Thereafter he submitted that this issue was fundamental to the determination of the appeal as it went to the root competency of the processes, thus a jurisdictional issue, which could be raised at any time, even at the Supreme Court for the first time. He relied on: ADESOLA v ABIOYE (1999) 14NWLR (pt.637) 28 @ 52, B-C; BRONIK MOTORS LTD & ANOR v WEMA BANK LTD. (1983) 1SCNLR 296. The Respondent submitted that if the processes were struck out, it would follow that there was no valid and reasonable defence before the Trial Court, capable of entitling the Appellants leave to defend the action in the first place and therefore the appeal against the error of the Trial Court in discountenancing their defence would become nothing more than an academic exercise. He relied on: ABE v SKYE BANK (2015) 4NWLR (pt. 1450) and P.M.B v NDIC (2011) 12NWLR (pt. 1261) 253. The Appellants in response submitted that the objection was a misconception of the law and submitted that the only process a Court was entitled to look at in order to determine questions challenging its jurisdiction or otherwise was the originating process or claim and not the Statement of Defence and/or Counter-Claim. He relied on: ADEYEMI v OPEYORI (1976) 9-10 S.C 18 @ 31 and THE GOVERNOR OF CROSS RIVER STATE & ANOR v NTA & ORS (2013) LPELR- 19987 (CA). He submitted that the Respondent had failed to canvass this issue at the trial court and based on this it was a fresh issue that

In the Court of Appeal Lagos Judicial Division Holden at Lagos On Friday the 12th Day of july, 2016 Before Their Lordships Chinwe Eugenia Iyizoba Samuel Chukwudumebi Oseji Jamilu Yammama Tukur Justices, Court of Appeal CA/L/08/2012 Between 1. Allcomp Computers Limited 2. Engr. Emeka Ezenwann .... Appellants And Union Bank Of Nigeria Plc

....Respondent

(Judgment Delivered by Chinwe Eugenia Iyizoba, JCA) required leave of court before proceeding. He submitted further that failure to seek leave of Court before raising the issue rendered the Respondent’s objection incompetent and liable to be struck out. He relied on: ADAKE v AKUN (2003) 7S.C. 26 at 30; FAWEHINMI CONST CO. LTD v O.A.U (1998) 5 S.C 43 at 57. The Appellants contended that the cases cited by the Respondent were incompetent because by the provisions of the Legal Practitioners Act and the relevant rules of Court, a court process must be signed by an identifiable legal practitioner- not by a law firm. He submitted that unlike in all those cases cited by the Respondent, the author of the signatures in issue in this case could be identified. He thereafter invited the Court to look through and beyond the shades of technicality projected by the Respondent in his objection and they will find that the Statement of Defence and Counter-Claim sought to be impugned in the appeal were signed by an identifiable legal practitioner as contemplated by law. He also emphasised that the object of a court of law is to seek and attain justice of every case before it. He relied on: INEC v OSHIOMOLE (200) 4NWLR (pt.1132) 607 On the appeal, the Appellant submitted that the appeal raised the substantial issue of lack of fair hearing and ought to be allowed for four simple reasons: (a) The determination of the Respondent’s claim by way of a summary judgment effectively foreclosed the determination on the merits of the Appellants’ counter-claim which was intrinsically based on the same facts as the whole basis of the Respondent’s allegation of indebtedness by the Appellants; (b) A Counter-Claim is considered as a separated claim from the plaintiff’s claim, the peculiar facts and circumstances of instant case enjoined that the issues raised in the Counter-Claim are not overreached and or prematurely determined without hearing on the merits.; (c) The determination of Respondent’s Motion on Notice for summary judgment without hearing and determination of the issues raised on the merits in effect foreclosed any further determination of the Appellants Counter-Claim.; (d) By the approach adopted by it, the learned trial court rendered nugatory its earlier determination that the parties file pleadings in this suit and thereby denied the Appellants their right to fair hearing. He thereafter contended that: (a) It is trite that the object of Order 11 of the Civil Procedure Rules of Lagos State 2012 is to accord the Claimant the opportunity of obtaining a summary judgment without the need for a full-fledged trial of the case on the merits. However, that where the Defendant establishes a defence that would necessitate trial, the Court would order full trial; (b) The Trial Court had previously determined that the issues raised by the Appellants in answer to the Motion on Notice for summary judgment were substantial and necessitated the filing of pleadings by the parties, but the Trial Court without determining the issues raised in the pleadings filed by order of court proceeded to determine the case in favour of Respondent thereby altering the effect of its own ruling; and (c) In showing cause why a defendant should be allowed to defend the action, a complete defence need not have been shown. That one needs only to show that there was a triable issue or that for some other reason, there ought to be a trial, which the Trial Court had found existed in this case. He relied on: UNIVERSITY OF BENIN v KRAUS THOMPSON ORGANISATION (2007) AFWLR (pt.362), 1910 and MACAULAY v NAL MERCHANT BANK LTD (1990) 4 NWLR (pt.144) p.283

@ 322. In response, the Respondent argued that: (a) The determination of its claim without the Appellants’ Counter-Claim did not breach their right to fair hearing because the issues involved in the Respondent’s claim at the Trial court and ‘those of the Appellants’ Counter-Claim were quite different and independent of each other. Its claim was for an outstanding debt, while the Appellant’s Counter-Claim was for an alleged refund of the sum of N65,000,000.00 which the Appellant’s claim they were threatened and coerced into paying to the Respondent; (b) The purpose of the summary judgment was to prevent sham defenses from defeating the right of parties by delaying and at the same time, causing great loss to the Plaintiff who was endeavoring to enforce his rights. Cases relied on: MACAULAY v NAL MERCHANT BANK LIMITED (1990) 4NWLR (pt.144) 283; (c) The defence to be put up by the Defendant to a summary judgment application should be one that addresses the specific claims of the Claimant and not one of a general denial of the claim. Respondent stated that its claim was clear and straight forward, that upon maturity of the facility, the Appellant failed to repay the sum outstanding even after the personal guarantee of the 2nd Appellant was called in by the Respondent; and (d) This cannot be a valid defence to the action, when there was no evidence anywhere that the Respondent managed the facility and the management of the facility by Union Capital was pursuant to the agreement between the parties. That the terms were accepted unconditionally by the Appellants and that the shift of liability for their contract to Union Capital was quite unconscionable and portrays them as persons, who having taken benefit of a contract now sought to run away from its liabilities. Cases relied on: Dr. K.O. SOSAN v. HFP ENGINEERING NIG. LTD (2004) 3NWLR (pt.861) 546; EMMANUEL O. ADEDEJI v NATIONAL BANK OF NIG. LTD & ANOR (1989) 1NWLr (pt.96) 212 @ 226 & 227. COURT’S RATIONALE AND JUDGMENT On the PO, the Court observed that: a. It was not in dispute that the processes filed in opposition to the Respondent’s motion for summary judgment without the name and designation of the person who appended the signature to the processes clearly offended the well-established principle as relates to signing of court processes; b. The Respondent ought to have raised this issue at the Trial Court as it didn’t go to the competence of the action and so would not affect the jurisdiction of Trial Court; and c. The said processes filed in opposition to the Respondent’s motion for summary judgment form the foundation of this appeal, the objection raised goes to the root of the appeal and jurisdiction of the Court to determine same. In view of this, the Court held that failure of the Respondent to seek prior leave to raise this issue would not prevent it from entertaining the same, as it was a substantial legal question. The Court traced the author of the signatures in issue to Callistus Kayode Alabi, a legal practitioner in the firm representing the Appellants in the case as one and the same legal practitioner that appended his signature in both the Statement of Defence, counter-claim and the counter-affidavit to the Respondent’s motion for summary judgment. In view of these facts and in the interest of justice, it held that since the object of a Court of Law was to adjudicate the dispute between parties before it with the aim of doing substantial justice and not merely hinging on technicality, the said processes were indeed signed by an identifiable legal practitioner. The Court therefore overruled the Respondent’s objection and held that the appeal before it was competent. With respect to the appeal, the Court examined the defence raised by the Appellants in the case with a view to finding out whether it indeed constituted a triable issue with reference to the contract between the parties. The Court stated that in light of the transaction dynamics set out in the terms of the offer letter agreed between parties, the Respondent was not responsible for the management of the account but that of Union Capital Marketers Ltd which the Appellant agreed to appoint to do so. Based on this, the Court held that the Appellants needed to plead facts which demonstrated that the Respondent usurped the responsibility of the said Union Capital Marketers Ltd and that in absence of such fact the Appellants had failed to raise any triable issue against the Respondent. The Court consequently, held that the Trial Court was right in holding that the issue did not constitute a good defence on the merits answering the claim of the Respondent for the loan admittedly granted to the Appellants. The Court further held that the Appellants who admitted taking the share trading loan from the Respondent could not deny being indebted to the Respondent without showing in its pleadings how the loan was repaid or indeed valid grounds against the Respondent on which they contend that they are not liable to repay the loan. The Court dismissed the appeal and affirmed the judgment of the Trial Court. REPRESENTATION For the Appellants – Chidinma Okoronwo (Miss) For the Respondent - O. Sofola SAN with O. Ogunnaike Esq Reported by Adenike Adedolapo Afun, Aluko & Oyebode, Lagos.

4/NEWS

20.09.2016

L-R: Mrs. Iyabode Oshodi, Lagos State Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem and Justice Lateef Lawal-Akapo of the Lagos State High Court at the NBA Conference held in Port Harcourt, recently

L-R: Director, Lagos Court of Arbitration (LCA), Mrs. Oyinkansola Badejo-Okusanya, Vice President, LCA, Professor Fabian Ajogwu SAN, Director, LCA, Mrs. May Agbamuche-Mbu, President, LCA, Mr. Yemi Candide-Johnson SAN, Director, LCA, Mrs. Funke Adekoya SAN and former President, LCA, Mr. Olasupo Shasore SAN at the Annual General Meeting, lecture/exhibition of LCA in Lagos, recently Photos: ETOP UKUTT

Former ICPC Chairman, Oldest Female Judge, Arbitration: A Others Bag Nigerian Legal Awards 2016 Potent Platform for Akinwale Akintunde Retired Justice of the Supreme Court of Nigeria and former Chairman of the Independent Corrupt Practices and other related Offences Commission (ICPC), Hon. Justice Emmanuel Ayoola CON and Second Female Judge in Nigeria and the oldest living Female Judge in Nigeria, Honourable Justice Dulcie Ethel Adunola Oguntoye OFR, a British woman who relinquished her British Citizenship in order to serve Nigeria meritoriously are among the honourees for this year’s Nigerian Legal Awards. This was disclosed last Thursday by Mr. Lere Fashola, CEO of Legal Blitz Limited, Publisher of ESQ Legal Practice Magazine, and convener of the award at a press briefing to herald the forth coming event. Fashola stressed the significance of the event which is slated for October 7, 2016 at the Grandball Room, Civic Centre, Lago, in the life of the country, the legal profession and businesses. According to him, other reputable Nigerians who have made cutting-edge contribution to the legal profession and the country at large to be honoured include, Chief Mrs Hairat Balogun, the oldest and first female Attorney General of Lagos, a Bar woman per excellence and former General Secretary of the Nigerian Bar Association whose record of service to the NBA remains ever green,

Mr Razaq Yemi Adeola, the Managing Director and Chief Executive Officer of Sterling Bank Plc., one of the leading commercial banks in Nigeria, which has been championing employee satisfaction through reforms in working conditions of employees and also the One Bank Customer practice thereby making the Bank’s Customer King, Mr. Augustine Alegeh SAN, immediate past President of the Nigerian Bar Association, who led innovative reforms in the Nigerian Bar Association and is today celebrated by many progressive lawyers in Nigeria. Others are Chief Adebayo Ojo SAN, former Attorney General of the Federation and Minister of Justice who has made outstanding contributions to the development of Arbitration and Alternative Dispute Resolution in Africa, Mr. Audu Maikori, President, Chocolate City, a foremost youth advocate, lawyer and Entertainment Investor who has made considerable contributions to the development of the Entertainment law practice in Nigeria. Channels Television, a Television station that has been committed to the promotion of the legal profession through the weekly bulleting known as The Law Weekly a programme which showcases legal development in Nigeria. “This year’s award also recognises the invaluable contributions of the THISDAY

News paper to the development of the Legal Profession in Nigeria through the weekly pool-out known as THISDAY LAWYER and the Business Day Newspaper through the Business Law Weekly publication. As a consortium, we are happy to recognize and be recognized with excellence. “This is our own way of giving back to the society: knowing those who have sweated it out to uphold the legal institution in our country. We understand that generally, people conceive legal practitioners only as those who are in private practice. But there are many lawyers in industries: entertainment, corporates, media, publishing, art, etc and our effort is to recognize these people”, Fashola stated. Fashola said the event is simply a bridge between economy and law, adding that since its maiden edition, the NLA has expanded in focus, scope and fanfare, with the introduction of the ‘40 Under 40 category, the Awards has opened a novel chapter in the life of the country, especially by organizing a unique platform committed to celebrating impactful and value-added young lawyers who are cutting their teeth in the profession. “Beyond the fun that comes with the event, this year’s award has been taken a step further by organising a platform for discussion. Consequently, a value-added and solution-proffering panel

discussion has been organised to bring together professionals, experts and economic regulators to brainstorm on charting a new course for the economic recovery of Nigeria. “The discussion, which will have in attendance, captains of industry and leading legal icons will focus on the theme: “Restructuring vs Rebuilding: Bringing Life Back to the Nigerian Economy.” This theme will explore the economic imperatives to restructuring of Nigeria beyond the political rhetoric”, he said. According to Fashola, every positive minded Nigerian understands the most urgent and pressing challenges of the country but it is irksome to find that once people attain the position of leadership in the country, they always seek to avoid the needful. Yet no nation has ever survived its own self-inflicted crisis. “Nigeria is blessed with all that many nations spend billions of dollars to seek yet over 60 years after independence, the country has not being able to step beyond some of the most mundane challenges. What does the future hold for the Nigerian child? Nigeria beyond Oil? What are those legal and regulatory challenges hindering investments and how do we overcome those challenges that are setting us against ourselves?”, Fashola

Dispute Resolution Peter Uzoho The President of the Lagos State Court of Arbitration, Mr. Yemi Candide-Johnson, has advocated the use of arbitration platforms for efficient dispute resolution in Nigeria’s business environment. Johnson noted that arbitration was the primary means by which traditional institutions in Nigeria settleddisputes, adding that “the structure of litigation which has become highly complicated, highly formalised and very distinct from the people only begun with the colonisation of Nigeria by the British. These are the courts of the king of England. So we have a distinctive understanding of arbitration”. He said “So what we’re doing is reawakening that in the context of how arbitration is now operated at the international level. It’s a more sophisticated system. There are many more rules to guarantee independence, impartiality and effectiveness, and all those rules are required so that we can have the opportunity for the king’s court to enforce these decisions. So basically what

we’re teaching people is how to operate within a traditional system with modern means. We’re activating a long fallow respect and affection for the informal dispute resolution”. Candide-Johnson who was speaking at the annual general meeting of the Lagos State Court of Arbitration, held weekend in Lagos, noted that members had approved the works of the board for the year ending. “It means they liked the way we’re operating. We will continue to acquire money for the mandate for us to vigorously pursue the mission of promoting arbitration and alternative dispute resolution as a governance mechanism within Nigeria, because if disputes in business are not resolved peacefully, efficiently and promptly, then there is going to be damage to the business environment in Nigeria. People are not going to do business in Nigeria if they’re not sure that when the dispute arises it cannot be quickly solved the way they can have confident”, Candide-Johnson added.

Lawyer Faults FG’s Failure to Reconstitute Tax Appeal Tribunal, Says $5bn Trapped Akinwale Akintunde

A Lagos-based lawyer and taxation expert, Mr. Donald Egho, has faulted Government’s failure to reconstitute Tax Appeal Tribunal (TAT), saying this failure has resulted in huge amount trapping at the panel. Speaking in Lagos, Egho said over $5 billion taxes due to the federation are currently lying fallow, in the various divisions of the tribunal. According to him, the funds are disputed taxes, currently subject to litigation and pending before TAT. "The continued failure of the

Federal Government to urgently reconstitute the various panels of TAT means those taxes due to the Federal Government will remain suspended for as long as there are no panels to adjudicate on the disputes; thereby robbing both the states and the Federal Government of urgently needed revenue. "As long as taxes are disputed, they remain in a state of abeyance, pending the determination, one way or the other by the tribunal, "he said. Egho cited the case of FEDERAL BOARD OF INLAND REVENUE v CADBURY, a

matter which arose from the operations of the Value Added Tax law, which was still pending before the Supreme Court; nearly fifteen years after the tax dispute arose, with the taxes remaining unpaid. He noted that the habit of using litigation to frustrate the collection of taxes, was further emboldened with the apparent negligence of the government to urgently reconstitute the panels of TAT. "Unless the government takes the business of taxation and its operations seriously, all the talk of diversifying the national economy

from its sole dependence on revenue from the sale of crude oil, will remain a dream," the legal practitioner said. He also flayed some state boards of internal revenue for imposing arbitrary and illegal taxes and levies on the public, knowing fully well, that tax payers currently had no avenue to take their frustrations to. Egho said this could lead to a breakdown of law and order if these antics are not checked by the government. It will be recalled that the various panels of TAT recently wound up their operations in

the month of May 2016, having completed their constitutionally mandated tenure of six years. The TAT was established further to Section 59 (1) of the Federal Inland Revenue Service (Establishment) Act 2007. The tribunal is empowered to settle disputes arising from the operations of the Act and others as spelt out in the fifth schedule to the FIRS Establishment Act. Specifically, and in accordance with Section 59 (2) of the FIRS Act, the TAT has jurisdiction to entertain disputes arising from the Companies Income Tax Act; Petroleum Profit Tax Act,

Personal Income Tax Act, Capital Gains Tax Act, Value Added Tax Act; Stamp Duties Act; Taxes and Levies (Approved list for collection) Act; as well as other laws, regulations, proclamations, government notices or rules related to these Acts. Appeals lie from the decisions of the TAT to the Federal High Court (FHC). The TAT is meant to ensure fairness and transparency of the tax system, minimise the delays and bottlenecks in adjudication of tax matters in the traditional court system and generally improve taxpayer's confidence in the tax system in Nigeria.

20.09.2016

TRIBUTE/5

25 Years After - Chief Samuel Olasupo Morohundiya Lives On Richard Oma Ahonaruogho

n Tuesday 13th September, 2016 (while remembering the tenth anniversary of the demise of my younger brother, Michael Ekpeme Ahonaruogho 8th October, 1962 – 13th September, 2006), I decided once again to write a tribute in memory of my dearly beloved late Principal, Chief Samuel Olasupo Morohundiya (4th October, 1924 – 17th September, 1991), whose twenty fifth year remembrance is only four days away. In my quest on what to write on, I decided to do a search on the web and I came across an article from the website of ‘The Nation’ newspaper authored by Sola Adeyemo, captioned “Eso deplores Obasanjo/Atiku rift” which was published on 22nd October, 2006, almost ten years ago; – it reads Former Supreme Court Justice, Kayode Eso, has deplored the face-off between President Olusegun Obasanjo and Vice President Atiku Abubakar, saying, "I never knew that Nigeria was so wealthy until the two of them started to sing." Eso, however, commended Obasanjo for the establishment of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) which he described as "the greatest things to have happened to us in the last 46 years." "Whatever anybody says about Obasanjo and his government, none can take away from him the credit of the establishment of the two anti-corruption agencies. They are necessary in our society because the greatest monster we have in our society is corruption." Eso spoke in Ibadan, Oyo State, during the Olasupo Morohundiya Memorial Symposium 2006 held at the Faculty of Law, University of Ibadan. The annual symposium organised by the law faculty of the institution and tagged: "Law and the promotion of societal values," was held under the chairmanship of Justice Emmanuel Olayinka Ayoola, the Chairman of ICPC. Eso while commending ICPC and EFCC for revolutionising and re-orienting Nigerians against corrupt practices, lamented the face-off between Obasanjo and Atiku, saying. "This was how the late Chief Samuel Akintola and Chief Obafemi Awolowo started during

their time." He urged Nigerians to allow the duo to continue exposing each other "because through it, we shall know what to do soon." Expressing displeasure that vices have become a way of life with most Nigerians, Eso said that, "It is only in this country that a governor who stole N11 billion would be asked to be taken to court when in actual fact it is known he has immunity from criminal prosecution. It is in Nigeria that the Head of the Police stole N18 billion and was jailed for only six months only for him to come back to the society”. Corroborating the need for Nigerians to turn their country around, Ayoola emphasised the need for integrity and transparency in public affairs, noting that corruption is a dangerous path which everybody must shun. He urged people to enlist in the Anti-Corruption Volunteer Corps aimed at chasing away corrupt people wherever they may be, "be it in the village, in the city, in the church, mosque, government circles. We are going to make life difficult for them. We should be ready to celebrate selflessness, love of others, honesty, integrity, and this is why we are celebrating the late Morohundiya for the legacy he left behind. There is an urgent need for value shift. "Widespread lack of integrity in our nation today can easily be attributed to decay in societal values whereby there is enthronement of wealth above honour and power above virtue." Among dignitaries at the event were relations of the late Morohundiya, Mr. Richard Ahonaruogho, the International Bar Association (IBA) representative in Nigeria, Professor Femi Bamiro, Vice-Chancellor, UI, Professor Yinka Omoregbe, Dean, Law Faculty, Justice Afolabi Adeniran, Oyo State Acting Chief Judge and Mr. Olurotimi Akeredolu (SAN). Records available shows that Chief Bola Ige, SAN and later his amiable wife, the Honourable Justice Atinuke Ige, (nee Oloko) Justice of the Court of Appeal worked with Chief Morohundiya at Ibadan in the Law Offices of Durosaro and Morohundiya. Some other Lawyers who passed through Chief Morohundiya’s Chambers in Lagos include Honourable Justice Olulade Oladapo Obadina, Justice of the Court of Appeal; Honourable Justice Oye Iyande, a Judge of the Osun State Judiciary; Honourable Justice Niyi Adebajo (rtd.), a Judge of the Lagos State Judiciary; Mr. J. O. Omole (former Chief Registrar of the High Court of Justice of Lagos State), Chief Adewale Gbeleyi, Chief Olu Akintunde, Chief Abimbola Awosika, Mr. Sola

O. Olatunbosun, Chief Akinlabi Kuponiyi (former Speaker of the House of Assembly of Osun State), Chief Michael Olunwa, Mr. S. A. Afolabi, Mrs. Joke Opeyokun (nee Adekoya), Mr. Andrew Bamidele Chukwuemeka (ABC) Ogbogbo, Mrs. Bisi Awonuga, Ms. Eniola Olatunji Makanjuola (also known as Mrs. Tunji Oluwa), Mr. Akin Olatunji, Mrs. Christine Awoloto (nee Aina), Yemisi Wilton-Waddel, Mrs. Ayodele Ayobolu (nee Oduyemi), Mr. Olakunle Morohundiya, Mr. Akin Edward Falade, Chief Richard Oma Ahonaruogho and Mr. Victor Aigbogun. To live in the hearts of those who love you, is to live forever. Even though some of the Lawyers who passed through the law stable of Chief Samuel Olasupo Morohundiya have since passed-on, those of us living continue to cherish their fond memories. For example writing in the Saturday Magazine of ‘The Guardian’ of 9th May, 2015, in an article titled, “Adieu, Eniola Makanjuola”, Anthony Akinola and Kayode Oladipupo in the first four paragraphs had this to say – “THE death of Ms. Eniola (Olatunji) Makanjuola (also known as Mrs. Tunji Oluwa), a Barrister at Law has been announced. The sad event occurred on Sunday April 26, 2015. She was born to the late Engr. A. Ayodele Makanjuola and Mrs. Christiana Adetoun Makanjuola on May 17, 1962. Ms. Makanjuola is a product of St. Theresa’s College, Oke Ado, Ibadan. She graduated from the University of Ife (now Obafemi Awolowo University), Ile Ife, with a Bachelor of Laws degree (LLB) in 1981. She was called to the Nigerian Bar in 1982 having been certified as a Barrister at Law (BL). As a youth corps member, she served in Lagos State and lectured at the Nigerian Police College, Ikeja. Makanjuola worked in various capacities over the years. She cut her teeth in private practice, served in chambers both in Lagos and Ibadan. She also held her own briefs. She served at Chief S. O. Moroundiya’s Chambers, Ikeja and worked alongside Justice Niyi Adebajo”. One can therefore imagine the several persons whose biographies would be incomplete without the name of Chief Samuel Olasupo Morohundiya. Recently, while on holidays in the United Kingdom, Victor Aigbogun paid me a visit and narrated how upon getting married in Nigeria, his wife wanted him to move over to the United Kingdom. Having a successful law practice in Nigeria he was reluctant to take the plunge. He was not willing to subject himself to doing menial jobs in the

The Late Chief Samuel Olasupo Morohundiya

United Kingdom. He sat and passed the qualifying examination which enabled him practice in the United Kingdom and then it was time to go job hunting. He applied to a law firm and submitted his curriculum vitae wherein he made reference to having worked with Chief Samuel Olasupo Morohundiya whilst in Nigeria. He was invited by Mr. Roderick Palling Bouldi who happened to have known Chief Morohundiya several years ago in London. That was all Victor Aigbogun needed to be employed in the United Kingdom – the name of Chief Samuel Olasupo Morohundiya. So as we remember Chief Samuel Olasupo Morohundiya of Gray’s Inn on the twenty fifth anniversary of his transition, let us be assured that good people do not die. They rest from the earthly labours in the Lord. I join your wife and pillar of support, Chief (Deaconess) Mrs. Christiana Ayodele Morohundiya; your children, grandchildren and great grandchildren; the Morohundiya dynasty at home and in diaspora; the Nigerian Bar Association (NBA); the First Baptist Church Ikeja; the First Baptist Church, Idikan, Ibadan; the Nigerian Baptist Convention; The Boys Scout Movement of Nigeria, the Nigerian Red Cross; the Morohundiya Foundation for Legal Development of the Faculty of Law of the University of Ibadan in remembering a good man – Chief Samuel Olasupo Morohundiya. Sleep on my beloved boss and mentor, Chief Samuel Olasupo Morohundiya - Member Distinguished Body of Benchers, Maiyegun of Ikeja, Bamofin of Ibadanland, Bada Olubadan of Ibadanland, First Chairman and Patron of the Nigerian Bar Association (NBA) Ikeja Branch and many others too numerous to mention.

Legal Personality of the Week Chukwuemeka Eze

‘A Lawyer Driven By Passion Can Do Exploits’ My name is Chukwuemeka Eze. I am a native of Mgbom Okposi in Ohaozara L.G.A. of Ebonyi State. I was called to the Bar in March 1995. I obtained my LL.B. from the University of Nigeria, Nsukka and my LL.M. from the University of Lagos. I have a PGD in Mass Communication as well as a professional certificate in taxation from the Chartered Institute of Taxation of Nigeria (CITN). I am a private legal practitioner with my law firm located in Ikeja, Lagos. I am into media practice too. I publish the Media Law Reports and I am the Editor of Joint Tax Board Newsletter. I am the Secretary of NBA Lawyers in the Media; the Chairman of Association of Ebonyi Lawyers in Lagos; the Legal Adviser of Association of African Tax Institutes (AATI), and that of the West African Union of Tax Institutes (WAUTI). Have you had any challenges in your career as a lawyer and if so what were the challenges? I have had many challenges as a legal practitioner but I will mention just two. One occurred during one of my appearances at the Court of Appeal, Ibadan Division about 14 years ago. I filed an application with TRINITY prayers for leave to appeal a judgment obtained by a bank against my client six years earlier. I sweated profusely to convince the learned justices on the reasons for delay for 6 years before deciding to appeal the judgment. I felt like a man pinned to the wall as I could not withstand the barrage of questions. When I noticed that my effort was not yielding the desired result, I withdrew the application. In a particular appeal at the Supreme Court, where I appeared as a junior to Dele Adesina, SAN, I had the challenge of making an input on whether to convince the Supreme Court to accept the Terms of Settlement of the parties as judgment

Chukwuemeka Eze

of the Supreme Court or otherwise, and the consequence of the eventual decision on the Memorandum of Understanding executed by the Appellant and the Respondent. What was your worst day as a lawyer? My worst day as a lawyer was when I could not withstand the barrage of questions of the learned justices of the Court of Appeal at Ibadan about 14 years ago and I withdrew my application without knowing, at that moment, how to communicate my failure to my client. What was your most memorable experience?

My most memorable experience occurred at the Jos Division of the Plateau State High Court about 16 years ago. My client, a Jos-based company, had been sued by a lawyer, who was also based in Jos, for the recovery of his professional fee for services he rendered to the company. My client claimed that the fee was exploitative and refused to pay. The lawyer made a demand for the fee as required under the Legal Practitioners Act. The new Managing Director of the company had just been recruited from Lagos and he was afraid that briefing another lawyer in Jos might be a mistake hence he invited me to come from Lagos to do the case. After studying the originating processes, I discovered with a shout of “eureka!” that the plaintiff instituted the action after 29 days (instead of the 30 days required under the Legal Practitioners Act) of service of the demand letter. I filed a notice of preliminary objection and that sounded the death-knell on the suit just after two court sittings. The plaintiff was dazed and the story went out among our learned colleagues that a “certain lawyer” came from Lagos to win the case. I felt elated like a boxer who gave his opponent a technical knock-out in the second round of a boxing bout/match. Who has been the most influential person in your career? Among the dead, the Late Gani Fawehinmi and Late Justice Oputa were the most influential persons in my career. As for the living, Wole Olanipekun SAN and Dele Adesina SAN have influenced me in their dexterity and consistency in full-time legal practice.

Why did you become a lawyer? I became a lawyer in order to acquire the knowledge, skill and boldness to speak for myself and for those who are weak to speak for themselves. What would your advice be to anyone wanting a career in law? My advice is that the person should ascertain whether he/she has passion for the profession. There are embarrassing moments in the profession, especially in a situation where many people assume that a lawyer knows everything. It is passion that will drive a lawyer to learn more and be in a vantage position to use the knowledge to do exploits in the society, whether he/she is in practice or not. If you had not become a lawyer, what would you have chosen? I would have been a full-time journalist or Mathematics lecturer. I obtained a National Certificate of Education (NCE) in Mathematics & Chemistry from the Federal College of Education, Abeokuta with a Distinction Grade in 1989. My lecturers then advised that I should proceed to the University of Ibadan for a 2-year degree program for a Bachelor in Education and progress to do M.Ed. and Ph.D. If I had heeded that piece of advice, I might have become a lecturing professor by today. Besides that, I have profound passion for journalism hence I could have found myself in either of these two professions if I had not become a lawyer. Where do you see yourself in ten years? I see myself becoming an eminent lawyer, a reputable author and publisher; and an intellectual resource person in law and taxation practice in Nigeria and Africa.

20.09.2016

Abia Governorship Tussle, Waiting on Supreme Court to Decide Tobi Soniyi in Abuja

ith the beginning of a new legal year this week, all is now set for the Supreme Court to resolve finally the logjam in Abia created by the judgment of Justice Okon Abang of the Federal High Court but made worse by the decision of the Independent National Electoral Commission to hurriedly issue a certificate of return to Dr. Samson Ogah while appeal by the incumbent governor, Dr. Okezie Ikpeazu was pending. With both sides now having a judgment each in their favour. Only the Supreme Court can break the stalemate. Following the judgment of the Court of Appeal which set aside the judgment of the Federal High Court, Ogah did not waste time in showing his dissatisfaction with the judgment and consequently instructed his team of lawyers to file an appeal at the Supreme Court. In a notice of appeal filed by his lead counsel, Dr Alex Izinyon, SAN, Ogah raised seven grounds of appeal upon which he relied on to ask the apex court to affirm the decision of the trial court and set aside that of the Appeal Court. Among others, he said the Court of Appeal judgment was against the weight of evidence. Apart from the appeal to the Supreme Court, he asked the Court of Appeal for an order of injunction restraining the Abia State Governor, Dr Okezie Ikpeazu from applying for any certificate of return from INEC pending the hearing and determination of the appeal at the apex court. Ogah also asked the Appeal Court for an order of injunction restraining INEC from issuing any certificate of return to Ikpeazu pending the determination of the appeal. He also asked the court to issue an injunction restraining INEC from retrieving or revoking or cancelling the certificate of return issued to him on June 27, 2016 in relation to the office of the Governor of Abia State pending the hearing of his appeal to the Supreme Court. Ogah said the justices of the Court of Appeal erred in law when they held that he was wrong to have commenced the suit by way of originating summons. According to him, his case bordered on simple interpretation of the Peoples Democratic Party's constitution and the Guideline and provisions of the Electoral Act. He also faulted the Appeal Court justices for holding that the trial judge imported the phrase, 'as at when due' into the 2014 PDP Guidelines and that it was immaterial that facts of the documents were admitted when the said documents was not presented before the court. He explained that his case was for the interpretation of Section 14(a) of the PDP Guidelines, 2014 and sections 31(5) and (6) of the Electoral Act, 2010. "The said provision in Paragraph 14(a) of the said PDP Guidelines were reproduced easing the requirement of tax by Ikpeazu as an aspirant for gubernatorial primaries of PDP and the consequent election." He also faulted the judgment of the Court of Appeal where the justices held that the false information envisaged under section 31(2) of the Electoral Act must not go outside the constitutional provision of sections 177 and 182 of the constitution. He argues that the Court of Appeal failed to understand the difference between pre election qualification/ disqualification. He stated that the provision of Section 31 of the Electoral Act and challenge on grounds of false information was a pre-election matter. "Failure of the Court of Appeal to appreciate this manifest dichotomy led to a miscarriage of justice," he added. But does Ogah stand a chance at the Supreme Court? Not many lawyers think so. A Kano

Abia State Governor, Dr. Okezie Ikpeazu

based legal practitioner, Abdumalik Isah is of the opinion that the judgement of the Court of Appeal is unassailable and will be upheld by the apex court. He identified two errors in the judgment of the trial court which he said were fundamental. First, is the refusal of the judge to allow the case to be decided on writ of summons. "The nature of the issues raised is such that will require evidence and originating summons is not suitable to resolve such controversies." He said. Secondly, Isah also faulted the decision of the trial judge to calculate in his chambers how much taxes Ikpeazu should have paid or not have paid. On these two grounds alone, he concluded that the appeal should be thrown out. The lawyer could also not understand the basis for Ogah's asking the Appeal Court not to revoke the certificate of return issued to him by INEC. He explained: "Once the judgment upon which the commission relied on to issue the certificate of return has been set aside, the certificate itself collapses. You can not put something on nothing and expect it to stand." Another lawyer, Ade Olowonfela said the attitude of the Supreme Court is to allow political parties to determine who their candidates would be in an election. He reasoned that if the PDP was satisfied with the tax receipts submitted by Ikpeazu, the governor should be deemed to have fulfilled the requirements of his party for nomination. Another legal practitioner, Chinedu Uba cannot understand why a court of law would declare someone who did not participate in an election a governor. To him, that is a coup against democracy. He suggested that the time has come for judges to be lectured on what democracy is all about: allowing the people to choose who governs them not for the courts to impose someone on them without the people having a say. For Yemisi Adebayo, she will rather wait for the apex court to decide the appeal one way or the other. She was however uncomfortable with the appellate court taken a swipe at the trial judge. She said: "The judge is expected to decide the case as he thinks fit. That is why there are appellate courts to decide whether he is wrong on not. A judge should not be castigated for doing his work." Appeal Court had in a unanimous judgment set aside the Justice Abang's decision which removed Ikpeazu from office. Five justices of the court: Ibrahim Shatta

Dr. Uche Ogah

Bdliya, Philomena Buwa Ekpe, Morenikeji Ogunwumiju, Abubakar Datti Yahaya and Saidu Tanko Huseni had unanimously reversed the trial court's judgment. Although, there were five appeals in all, the appeals filed by Ikpeazu and PDP were on the substantive issues while others dealt with preliminary issues. Such preliminary issues included whether the trial judge was right to have assumed jurisdiction on a motion for stay of execution of his earlier judgments delivered on June 27 after the appeals against the judgments had been entered. Justice Philomina Ekpe, who read the lead judgment on that appeal held that the judge ought to have transferred the motion to the Court of Appeal in line with time-honoured doctrine of â&#x20AC;&#x153;stari decisisâ&#x20AC;? The court held that the trial judge went beyond his powers as a judge, became bias and also turned the law upside down. The court held that the matter was hostile, controversial and contentious and should not have been commenced by originating summons. In the views of the justices, the proper mode of commencement of the case should have been writ of summons. On this point, Justice Morenike Ogunwumiju who delivered the lead judgement in the appeal by Ikpeazu, held thus: "It seems to me that the learned trial judge with due respect did not understand the state of the law with regard to originating summons procedure." But the Court of Appeal agreed with Justice Abang that the case was not an abuse of the processes of the court. The justices held that because Sir Sunday Nwosu had filed a similar case in which Ogah was a party did not extinguish Ogah's right to challenge the emergence of Ikpeazu as governor. In this regard, the court rightly held that, "In the first instance, every citizen is entitled to ventilate their grievances and the courts are obliged by section (6)(6) of the 1999 constitution to give opportunity to each litigant so to do." But the appellate court disagreed with the trial judge in holding that the governor gave false information regarding his tax receipts. For instance, the court of appeal found that the PDP Guidelines 2014 which required a contestant to show evidence of tax payment did not contain the phrase, 'as at when due'. However, the judge kept on making reference to that phrase. Consequently, Justice Ogunwumiju held:

"Such deliberate importation of strange phrases or clauses into an instrument to be considered by the court is the reason where there has always been necessity to attach said instrument to the originating summons." The court found that the critical instrument, that is, the 2014 PDP Guidelines upon which Justice Abang based his judgment was not even attached to the originating summons filed before him. According to the court, the judgement of Justice Abang was grossly erroneous because it was based on inadequacy of tax receipts that cannot be visited on the appellant (Ikpeazu). Justice Ogunwumiju held: "After reading through the judgement several times, I was amazed at how the trial Judge arrived at his conclusion of perjury against the appellant when there was no evidence of forgery. His findings are ludicrous. "The judge must have sat in his chambers, unilaterally assessed and computed the tax of the appellant and came to the conclusion that he did not pay the required tax. "Courts are not allowed to speculate as the trial judge did in the instant case. "In one breath, the trial judge spoke from the two sides of his mouth when he claimed that he based his findings on supply of false information and in another breath he came to the conclusion that the appellant committed perjury even when there was no allegation of forgery and no allegation that he did not pay tax." Justice Ogunwumiju also held that the trial judge turned the head of the law upside down in his conclusion that it was the appellant that should bear the burden of proof of an allegation made by Ogar. She held: "With respect, we disagree with him because it is the person that makes allegation of falsehood that must prove it. "From whatever angles one looks at the judgment of the trial court, the decision of the court is grossly erroneous," she held. She further held that the inadequacies of the tax receipts of the appellant who scored the highest votes at the election could not be visited on him, adding that, "doing so will amount to a rape of democracy." The court held that Justice Abang erred in law and occasioned a miscarriage of justice against the governor when he refused to give him a fair hearing. The court further held that the judge prejudged the matter when he touched on the substantive issues at the preliminary stage without hearing the appellant.

20.09.2016

RIGHT OF REPLY/7

Justice Abang’s Ruling on Abia: A Rape of Rule of Law? Ikenna Okoli and Uche Obiorah

n the 9 August 2016, THISDAY Newspaper published an article by the legal luminary, Professor Ben Nwabueze, at page 17 of the Newspaper, captioned “ABANG RULING ON ABIA: A RAPE OF RULE OF LAW”. In the article, the author was emphatic in concluding that Justice Okon Abang’s ruling on the Abia State governorship election was a coup against the Electoral Act and a rape of the rule of law. We are not unaware of the judgment just delivered by the Court of Appeal overturning the judgment of the Federal High Court. However, this article is not about the Court of Appeal judgment, the details of which we have not seen, but a response to the issues raised in the aforementioned article by Professor Nwabueze. After going through the article by Professor Nwabueze, we were, with respect, left with no doubt that the reasoning behind the arguments he made in the article are flawed on many grounds. It therefore became imperative to write this rejoinder. In this article, we shall highlight some salient points raised by the learned Professor which formed the basis for the conclusion reached in his article. We shall then address those points, relying on the applicable extant laws and subsisting binding Supreme Court’s decisions that are directly applicable on those points. Professor Nwabueze, in his article, argued that the Federal High Court had no jurisdiction to entertain the matter. According to him, the matter was supposed to be an election petition of which only the election tribunal has jurisdiction to entertain. He also argued that the Federal High Court has no power to make an order directing INEC to issue a certificate of return to the successful party. Further, he was of the view that section 141 of the Electoral Act prohibits the Court from declaring Ogah as a winner of the election. It should be mentioned that the case of OGAH v IKPEAZU was brought pursuant to sections 31(4)(5) (6) and 87(9) of Electoral Act 2010 (as amended). In the suit, Ogah claimed, inter alia, for a declaration that Ikpeazu was not eligible nor qualified to be nominated or to participate in the PDP gubernatorial primary election for Abia State conducted on 8 December 2014. He also claimed for an order declaring him (Ogah) as the winner of the PDP primary election. Further, in the suit, Ogah claimed for an order pursuant to section 31 of the Electoral Act 2010 (as amended) disqualifying Ikpeazu from contesting the gubernatorial election for Abia State as the candidate for PDP. Ogah’s case was based on the ground that Ikpeazu declared false information regarding the payment of his personal income tax in INEC Form CF001. Thus, the suit centered on the application of the provisions of Article 14(a) of the People’s Democratic Party Guidelines for primary elections and sections 31(5) (6) and 87(9) of the Electoral Act 2010 (as amended). In addressing the points raised by Professor Nwabueze, we must state with due respect, that the learned professor’s argument is very misleading and do not represent the correct position of the law on the issues discussed in his article. First, Professor Nwabueze contended (though wrongly) that the case of OGAH v IKPEAZU ought to come as an election petition. He repeatedly referred to Ogah’s case as that of an election matter that can only be raised by means of an election petition. He was of the view that the Federal High Court had no jurisdiction to entertain the matter in the first place. With due respect to Professor Nwabueze, Ogah’s case is not within the category of matters that can come by election petition. It is not necessary to consider in this article the individual grounds upon which an election petition can be brought as provided for under section 138(1) of the Electoral Act. None of those grounds applies in this case. By force of stronger reasoning, even section 138(1)(a) cannot be relied upon to bring Ogah’ case as an election petition because the case was instituted before the general election took place. Election petitions can only be instituted after the election. The case of OGAH v IKPEAZU is a pre-election matter and the jurisdiction of the Federal High Court to handle such matters was affirmed by the Supreme Court in JEV v IYORTOM (2014) 14 NWLR (PT.1428) 575, where the Supreme Court considered the provisions of section 87(9) of the Electoral Act, 2010, (as amended), and held that a dissatisfied contestant at any political party primary election is

Justice Okon Abang

empowered by section 87(9) of the Electoral Act, 2010 (as amended) to ventilate his complaint before the Federal High Court or High Court of a State or of the Federal Capital Territory. Further, there are other Supreme Court decisions (all decided under the Electoral Act 2010 (as amended) which held that the Federal High Court has jurisdiction in matters similar to Ogah’s case. See EKAGBARA v IKPEAZU (2016) 4 NWLR (Pt. 1503)411; UKACHUKWU v PDP (2014) 17 NWLR (Pt.1435) 134 at 185; GWEDE v INEC (2014) 18 NWLR (PT. 1438) 56 and GBILEVE v ADDINGI (2014) 16 NWLR (PT. 1433) 394. It is interesting that Professor Nwabueze did not refer to any of the above Supreme Court cases. Under the doctrine of stare decisis, decisions of superior courts are binding on inferior courts. See SULEMAN v COP, PLATEAU STATE (2008) 8 NWLR (Pt.1089) 298 at 330. Therefore, if the Supreme Court has in several decisions held that the Federal High Court has jurisdiction in the matters similar to the case of OGAH v IKPEAZU, then the Federal High Court was right to assume jurisdiction in the Ikpeazu case. Professor Nwabueze further argued that by virtue of section 75(1)&(2) of the Electoral Act, 2010 (as Amended), that even where the Court of Appeal or the Supreme Court nullifies an election and the Certificate of Return, as the final Appellate Court in any election petition, the court is not empowered to make an order specifically directing INEC to issue a Certificate of Return to the person successful in such appeal. He further submitted that the issuance of a Certificate of Return in such a case is left at the discretion of INEC, which may refuse to issue it. As interesting as this argument may seem to be, it is pertinent to mention that the learned Senior Advocate’s interpretation of section 75(1)&(2) of the Electoral Act is totally misleading, with due respect. First, we must emphasise the point that section 75(1) of the Electoral Act clearly refers to election petition. It therefore does not apply to pre-election matters; and Ogah’s case is not an election petition but a pre-election matter. Further, assuming that section 75(1) applies to pre-election matters, there is nothing in section 75(1) & (2) that suggests such inference of power vested in INEC to refuse to issue a Certificate of Return. Such inference is unfounded and a clear attempt to negate the spirit and necessary intendment of the law. The proviso to section 75(1) of the Electoral Act states that where the “Court of Appeal or the Supreme Court, being the final appellate court in any election petition as the case may be, 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”. The use of the word “shall” in the proviso to section 75(1) suggests a mandatory provision, not discretionary as argued by Professor Nwabueze. In supporting his argument that the INEC has the

discretion not to issue certificate of return under the proviso to section 75(1), Professor Nwabueze relied on section 75(2) of the Electoral Act which states that “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”. Reading section 75(2) of the Electoral Act, there is nothing in that subsection that bars the court from making a specific order directing INEC to issue certificate of return to a successful party. Section 75(2) simply provides an alternative solution in a situation where there is an undue delay by INEC to issue the certificate of return after the court’s judgment. In the event of such a delay, section 75(2) empowers whoever is responsible for swearing-in the successful party to go on with the swearing-in on the mere production of the certified true copy of the judgment without waiting for the certificate of return from INEC. Assuming (without conceding) that the court cannot make a specific order directing INEC to issue certificate of return, Justice Abang simply followed judicial precedents in making such order. Similar orders have been made by the Supreme Court in several cases. It is surprising that Professor Nwabueze referred to and relied on the Supreme Court’s decision in AMAECHI v INEC (2008) 5 NWLR (PT. 1080) 227 and argued that the Supreme Court in Amaechi’s case “… stopped short of making such an order, merely ordering that he “be sworn-in forthwith”. There is no ratio in Amaechi’s case stating that Courts cannot make a specific order. We shall refer to some recent decisions where the Supreme Court specifically directed INEC to issue certificate of return to the successful party. In GBILEVE v ADDINGI (2014) 16 NWLR (PT. 1433) 394 at 423, the 1st respondent’s name, Mrs. Addingi, was unlawfully substituted by her party with the name of the appellant for the general election. She filed an action at the Federal High Court before the general election which took place on 6 April 2011, but the judgment of the Federal High Court was delivered after the general election on 9 April 2011. The Supreme Court in its judgment in favour of Mrs. Addingi made a consequential order as follows: “… It is further directed that the 2nd respondent [INEC] should forthwith issue a certificate of return to the 1st respondent as the winner of the election for the Buruku Constituency in Benue State House of Assembly…” Also, in GWEDE V. INEC (2014) 18 NWLR (PT. 1438) 56 at 104 -105, and in JEV v IYORTOM (No.2) (2015)15 NWLR (PT. 1483) 484 at 506, the Supreme Court made specific orders directing INEC to issue certificates of return to the successful parties in the appeals. Professor Nawbueze went on to say that 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.” Professor Nwabueze’s reliance on section 141 of the Electoral Act shows that he may not have read Justice Abang’s judgment before criticising same. In the judgment, Justice Abang referred to and relied on the Supreme Court’s decision in JEV v IYORTOM (No.2) (supra). In the said Iyortom’s case, the Supreme Court was unequivocal in holding that section 141 of the Electoral Act, by virtue of section 133(2) of the Electoral Act applies only to the Election Tribunal and the Court of Appeal in Presidential and Governorship elections; and does not apply to the regular courts including the Federal High Court. The Supreme Court in that case directed INEC to issue a certificate of return to Jev, the successful party in the appeal, notwithstanding that he did not participate in the general election. Professor Nwabueze in his article did not make any reference to the Supreme Court’s decision in Iyortom’s case (supra). We believe that Justice Abang is bound to follow the Supreme Court’s decision under the doctrine of stare decisis. Thus, if the learned professor of law has misgivings towards the non-compliance with section 141 of the Electoral Act, he should direct his criticism to the Supreme Court’s decision, which rendered that section inapplicable to regular courts. Ikenna Okoli, FCIArb(UK) and Uche Obiorah, FCIS.

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20.09.2016

Mrs. Chinelo Bob-Osamor PHOTOS: Sunday Adigun

‘Buhari Needs a Strong Economic Team, Not Emergency Powers’ That Nigeria’s economy is in recession is no longer news. But whether President Buhari needs emergency powers to fix the troublesome state of affairs has been in debate since the Presidency expressed its intention to approach the National Assembly to seek emergency powers to tackle the economy. In a chat with May Agbamuche-Mbu, Jude Igbanoi and Tobi Soniyi, Mrs. Chinelo Bob-Osamor suggests ways through which the nation can get out of its present economic doldrums.The season journalist,TV personality, lawyer and rights activist who turns 50 next week expressed her views on sundry other issues, including her passion for philanthropy.

urrently, President Buhari is seeking emergency powers to pursue his economic stimulus plan for the economy. The objectives of the action-plan on the economy, include shoring up the value of the Naira, creation of more jobs, boosting of foreign reserves, reviving the manufacturing sector and improving power. Some of the powers include Virement of Budgetary Allocation to projects that are urgent, Amendment of certain laws such as the Universal Basic Education Commission (UBEC) Act. These powers seem to be a usurpation of the powers of the National Assembly. In your opinion does the Government need these emergency powers? I think that all the powers, except the virement of budgetary allocation, are already within the competence of the

president as Executive President. They are all matters that properly formulated and articulated economic policies, backed by a strong fiscal framework can achieve. It is noteworthy that an emergency power to enable the government engage in virement of budgetary allocation is a violation of extant legislation prohibiting virement. Such powers will put the President above the law. What the President needs is a strong, focused and driven economic team with emphasis on monetary regulation, job creation and diversification of the economy and not emergency powers. The new President of the Nigerian Bar Association, Mr. A.B. Mahmoud SAN has just assumed office on the wave of his campaign for a “Brave New Bar”, a call to arms for Nigerian Lawyers to reinvent the profession positively and proactively. What are your expectations of the new administration of the NBA? These are indeed trying times for the legal profession. The Bar and the Bench have never had it so bad. The Bench has been

plagued by allegations of corruption which is exacerbated by conflicting judgments from courts of co-ordinate jurisdiction on the same subject matter. It seems that “black market” injunctions have become pervasive. There is no doubt that Nigerian bench

"WHAT THE PRESIDENT NEEDS IS A STRONG, FOCUSED AND DRIVEN ECONOMIC TEAM WITH EMPHASIS ON MONETARY REGULATION, JOB CREATION AND DIVERSIFICATION OF THE ECONOMY AND NOT EMERGENCY POWERS"

is made up of courageous, competent and incorrigible judicial officers (a few bad apples notwithstanding).I suspect the bench has been infiltrated by politics and there is urgent need for the heads of the various courts to take active steps to ensure that justice is not only done but is seen to be done The Bar is not without blemish in this matter, indeed all originating processes and interim applications are initiated by members of the Bar. That is where I expect the Nigerian Bar Association President to actualize the mantra of a “Brave New Bar.” He should re-invigorate the disciplinary committee of the Bar to ensure that as many legal practitioners as lead judicial officers into the temptation of granting “black market” injunctions are brought to book by the disciplinary committee of the Bar. Similarly, a brave New Bar should be one that champions the cause of obedience to court orders. As a Union, the Bar can decide to withhold its services from those

20.09.2016 who disobey court orders. On Monday 24th June 2013 in Edo State, after six years of observing a United Nations Resolution 62/149 on the Moratorium on the use of the Death Penalty, four men were hanged to death in compliance with a court imposed Death Sentence. With that, Nigeria’s relatively brief moratorium on the death penalty ended and we have seen the re-introduced Capital Punishment since then. Although you have been a strong proponent for the Abolition of the Death Penalty, many have argued that the Death Penalty is a necessary deterrent to the perpetration of heinous crimes or crimes that threaten the security of the state. How do you reconcile these very pressing needs, the protection of the state against the life of an individual convicted of heinous or threatening crimes? Up till recently I could be described as a Pro-life Activist/Lawyer. I was completely against death penalty. In my article on the PETER NEMI v THE STATE, I not only supported the argument that condemned criminal’s human rights should not be compromised on account of his sentence but I questioned the rationale behind death sentence in its entirety. You know all the argument of its not being a deterrent; the possibility of taking the life of an innocent person amongst others. However, recent happenings globally have really affected my position. An example is the rise and spread of terrorism worldwide. A suicide bomber who obviously has rejected his right to life embarks on a mission to kill as many innocent people as possible. For him it is a case of the more the merrier. It is unlikely such a person can be reformed by incarceration. I think the state should assist convicted terrorists achieve death which is their goal. Death penalty will ensure that they do not take others as casualties with them. After so many years of lobbying, the Violence Against Persons Bill was eventually passed into law only last year. But there appear to be many challenges in its implementation already. It has not been tested in our courts with any great consideration, despite the growing incidence of domestic violence. What should be the approach to addressing this issue? Indeed violence against persons has been on the increase. Unlawful killings on mere allegation of blasphemy or suspicion of having committed an offence (Lynching) and general religious intolerance have all conspired to upstage domestic violence which seems to be the main target of the Violence against Persons Act. The law is timely and welcome. The law seeks to address clearly identifiable violent conducts. However, the implementation by law enforcement agents and the interpretation by the law courts will eventually expose the lapses in the law while crystallizing the positive aspects of the law, by way of decided cases. We should be patient and allow this piece of legislation to be tested in the courts thereafter the legislature will have the opportunity to make amendments where necessary to bring the law in

COVER/9 conformity with the needs of the society. Nigeria has still not passed the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) into national law, in spite of the fact that we have long since signed the convention’s protocol and accession treaty. Does this explain the current difficulties faced in the protection of Women’s rights in Nigeria? The convention on the Elimination of All forms of Discrimination against Women (CEDAW) is a laudable piece of legislation that has very noble intentions. Before CEDAW, our laws contain Copious provisions that guarantee and protect the rights of women, primarily as human beings and particularly as women. It seems to me that the Challenge is not just in the domestication of CEDAW but in the practical implementation of the provisions in our extant laws that guarantee protection of human and women rights. For example there is no written law that prohibits women from standing surety for bail but in practice it is not done despite the clear provision of the Administration of Justice Law that guarantees that right to women. More should be done in the implementation of the provisions in our extant laws even as we await the domestication of CEDAW. Statistics from the United Nations Office on Drugs and Crime (UNODC) has revealed that out of the 67,000 prisoners held in the various Nigerian prisons, Awaiting Trial Persons make up to 72 percent of that total population. Furthermore there has been a significant increase in the incidents of jail break in the country. In your opinion how can government and other stakeholders improve Prisons Administration? The challenges facing our detention facilities are multi-faceted. First of all, the detention facilities Nationwide were built to accommodate less than 20% of their present occupants (inmates). Consequently, they are overcrowded and the warders are overworked. It is only logical that a prison facility that is overstretched is prone to bursting occasionally at the seams. The administration of criminal justice system grinds slowly but surely. Trials are slow and protracted, when they commence at all. This has led to a backlog of persons awaiting trial. They currently outnumber the convicts whom the prisons were built for in the first place. We need to build bigger and better equipped prisons that will achieve the reformation and rehabilitation of prisoners envisaged by the law. Also, suspects should not be arrested at random without proper investigation. The law enforcement agents should be ready to go to court soon after an arrest of a suspect. This will in no small way will reduce the number of persons awaiting trial. Lastly all the laws that militate against speedy trials of suspected persons must either be repealed or amended. The administration of Criminal Justice Act 2015 has made giant strides in this respect, for instance it has put a limit to the number of adjournments that is allowed in one case

"HE SHOULD RE-INVIGORATE THE DISCIPLINARY COMMITTEE OF THE BAR TO ENSURE THAT AS MANY LEGAL PRACTITIONERS AS LEAD JUDICIAL OFFICERS INTO THE TEMPTATION OF GRANTING “BLACK MARKET” INJUNCTIONS ARE BROUGHT TO BOOK BY THE DISCIPLINARY COMMITTEE OF THE BAR"

and restrained interlocutory applications. There have been allegations that anticorruption agencies under this present administration are not respecting human rights in the fight against corruption by detaining suspects for long periods clearly prohibited in national laws and ignoring court orders. Do you share this view? There is no doubt that the fight against Corruption is a battle for the very soul of the nation and I commend the government for its political will in this direction. In prosecuting that war however, the government must endeavor to do so within the ambits of the law. Due process must be adhered to strictly. The Constitution presumes every accused person innocent until proven otherwise by a court of Competent jurisdiction. Consequently media trials are in bad taste and a violation of the presumption of innocence. Similarly charging suspects to court and denying them bail because investigation is ongoing is a violation of their right to personal liberty. While the denial of adequate time and facilities to a suspect to prepare for their defence, caused by a denial of bail, is a violation of the Constitutional safeguard in that regard. Despite the fact that some states have passed the Child Rights Act into state law, children are still being abused and denied their basic rights to dignity and healthcare. How should this administration be looking to improve on the welfare of children? What steps need to be taken to make this a reality? There is no dearth of laws in Nigeria. We have multiplicity of laws addressing several and same issues at the same time. Before the Child rights Act, The National Agency for the Prohibition of Trafficking in Persons Act (NAPTIP) made adequate provisions against Child labour, and related offences, ditto for other legislations, the challenge has always been enforcement. The government should embark on massive re-orientation for our law enforcement agencies. They need to be taught the importance of these laws, the traumatic and psychological effect of these offences on children and the long term effect on the larger society. In many parts of Nigeria, violence against children is merely seen as corporal punishment which is for their

own good. Just as victims of rape are often perceived as having brought it upon themselves. This mindset has to change and that’s why we need re-orientation. Closely related to the rights of children in Nigeria are the challenges faced by the girl child in Nigeria. For instance we have little to no statistical information of the rates of sexual abuse, and the same is true for the investigation and prosecution of offences that fall under this area. How can we change the attitude of law enforcement agencies to the prosecution of sexual offences? Sexual offences are usually victimless crimes because the victim, faced with stigmatization and the odium associated with the offence, is usually unwilling to prosecute or be a witness in the prosecution of the alleged offender. Beyond the reorientation of our law enforcement agents, government need to amend the laws to allow the victims of rape and other sexual offences to testify in camera .We also need an express provision that sexual offences cannot be plea-bargained. The human rights community seems to have accepted the non-justiciability of socio-economic rights such as the rights to shelter, health and to engage in economic activity. How then do we hold the Government accountable to the Directive Principles of State Policy as enshrined in Chapter II of the Constitution and ensure that government takes these rights seriously? Chapter II of the 1999 Constitution adequately provides for fundamental objectives and directive principles of state policy. These are ideal goals and objectives that any well-meaning government should take seriously. This is what is fondly referred to as social and economic rights. By their nature economic and social rights are nebulous. How do you guarantee the right to work in an economy in recession, the right to adequate health services in a country with dilapidated health facilities, the right to education in a country that can barely admit 30 percent of qualified candidates. They will remain non-justiciable for a long time. However this does not absolve government of its duty to create enabling environment for economic and social rights to be achievable and subsequently justiciable. In spite of the enactment of the Freedom of Information Act which requires public institutions to make information available to the public especially through the concept of proactive disclosure. It now appears that nearly all public institutions are in breach of this law. The consequence is a lack of transparency in governance and an environment where impunity thrives. How can we change this attitude and create a more open one in compliance with the FOI Act? I find it strange that after the vigorous agitation that led to the enactment of freedom of Information Act, the media and others who want information from government are waiting for the law to implement itself. It is human activities that CONTINUED ON PAGE 10

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20.09.2016

‘BUHARI NEEDS A STRONG ECONOMIC TEAM, NOT EMERGENCY POWERS’ breathe life into laws. Do we expect the government agencies that have so long hoarded information to, all of a sudden invite people to come and get information? We must knock on the doors of government agencies for information and continue to knock until they answer and if need be approach the court to compel them to comply. The former Minister for Communications Technology Omobola Johnson during the previous administration revealed plans to lower taxes on Telecommunications infrastructure to make it easier and more attractive for Telecommunication operators to invest in long term infrastructure development. The current administration has emphasised at various times the imperative need to make Nigeria a more attractive investment destination by various means. However the 8th National Assembly in the face of this important policy is entertaining a bill which seeks to enforce a nine per cent Communication Service Tax (CST) on charges payable by a user of an Electronic Communication Service including Text Messages, Video Messaging and data usage, all areas capable of generating new economic activity. Considering the devastating effects this will likely have on internet penetration and future investments in the Telecommunications industry, is there any long-term benefit to such a piece of legislation going against the idea of an attractive Nigerian market current economic conditions? The Telecommunications Sector is one sector of the economy that has been a win win situation for the operators. The operators have been making super-profits and have only been compelled by adverse public opinion to improve service to the end users. The telecommunication companies are all privately owned or owned by a select few who shut out members of the public from participating in investment in telecommunication. It is only recently that MTN started making moves to make a public offer of its shares. I do not think the proposed law will slow down the impetus for diversification and expansion of telecommunication industry in Nigeria. Much has been reported in recent years of the falling standards of Legal Education in Nigeria and what ought to be done about this. Unfortunately those standards have only seen marginal improvement in the overgeneralised annual Nigerian Law School results. Some writers have even gone so far as to say that the Bar only pays lip service to the gradually deteriorating metrics in the quality of legal services and performance of young/new lawyers in the market. The Nigerian Bar Association has a Legal Education Committee, how can it begin to work with the Council of Legal Education to create the world class legal training that is necessary to change the poor state of Legal Education in Nigeria? There is a positive correlation between the standard of education in Nigeria generally and legal education in particular. The perceived fall in the standard of legal Education owes its cause to the general decline in the standard of Education. In Nigeria, any student at the law school would have passed through 6 years in primary school, 6 years in secondary and 4 years in a University to obtain a law degree (L.L.B). The law school programme is for one academic session, hardly long enough to repair whatever damage our defective academic system would have done. I am aware and it is noteworthy that the Nigerian Law School has a new curriculum which is more practice oriented and which seeks to refocus the students. However, after the law school, there is the need for legal practitioners to engage in continued legal education. This is a task that needs to be done if we are to build on the laudable efforts of the Nigerian Law School. It is the Nigerian Law School that has the capacity to provide continued legal Education. The Nigerian Law School already has lecturers, libraries, classrooms and other facilities necessary for continued legal education. Consequently the activities

of the legal Education Committee should be under the auspices of the Nigeria Law School as partners in the improvement of the standard of legal practice. As a student’s union leader and the Vice President of the University of Jos Students’ Union, your boldness and sagacity leading students was well applauded. What is your assessment of students’ unionism today? Students Unionism has lost its focus in Nigeria. Gone are the days when student unions defined National discourse. They held strong opinions about sovereignty, National Unity, activities of government and government policies. They were not shy to express their opinions strongly on National Issues. The NANS the umbrella body of students’ Union was cohesive and when they sneezed, the government of the day catches cold. Sadly, not anymore, they are now in splinters and their views are politicized and tribalised. They have been infiltrated by politicians who now use them as and when they please. I miss the days of strong, objective, well informed and articulate student unionism. With a first degree in Political Science before your degree in Law, would you subscribe to the school of thought that a first degree should be a prerequisite for admission to study Law in Nigeria? Law is a profession and like all professions, you must have burning desire for the profession. It is that motivation that will see you overcome whatever obstacle that stands between you and the attainment of your Call to Bar. In my case I wanted to study law, political science happened; I completed a degree in political science in 1988 from University of Jos. I went ahead to apply for direct entry to study law at the University of Lagos. That year, the government of the day commenced a policy that refused graduates direct entry admission to study law. By that policy only candidates with A’Levels were entitled to direct entry admission to study law. Yours sincerely with a B.sc in Political Science went ahead to sit for A ‘Level exams, got the requisite number of points and was admitted to study law at University of Lagos. I was finally called to Bar in 1996 No thanks to all the ASUU Strikes and consequent closure of Universities. Aside burning desire, you must have the right aptitude; a sound mind and the right training you must have a sound mind

CONTINUED FROM PAGE 9

"CONSEQUENTLY MEDIA TRIALS ARE IN BAD TASTE AND A VIOLATION OF THE PRESUMPTION OF INNOCENCE. SIMILARLY CHARGING SUSPECTS TO COURT AND DENYING THEM BAIL BECAUSE INVESTIGATION IS ONGOING IS A VIOLATION OF THEIR RIGHT TO PERSONAL LIBERTY"

because law is a product of reasoning and reasoning is a product of the mind. You must attend good schools with competent faculties. Attending a university that has one or two visiting professors and mostly junior lecturers can hardly give one adequate training to be a lawyer. Therefore 1st degree without these pre-requites will not necessarily confer an advantage on a graduate over a non-graduate in the study of law. We live in a society with many inadequacies and many prevalent needs admittedly. However many times too much attention is devoted to these inadequacies and gaps in planning rather than to filling and catering to them according to what we as individuals can contribute to society. You founded the Chike Okagbue Foundation (COF) in the memory of your late father Chike Nwankwo Okagbue presumably to meet some of those needs in your immediate environment. What does the Chike Okagbue Foundation focus on achieving? How is the Foundation managing to meet these needs and lastly how is it bringing these needs to the attention of those responsible for creating a societal framework for proactively catering to them? The Chike Okagbue Foundation (COF) was set up to honor the memory of my late father, Chike Okagbue. An accomplished businessman, a lover of education who pursued education informally. His

library could boast of the works of great philosophers, politicians and historians of our time. His love for education informed our decision to make education the main focus of COF. The Foundation awards scholarship on merit to students who have excelled in Common Entrance Examinations. Ten students are taken annually. The ten students are chosen on merit. They are offered full scholarship through Junior and Senior Secondary School Education. Twenty students have so far graduated under the auspices of the foundation; Ten last year and ten this year. We have currently 50 students in our chosen school. It is our hope that if funds are available, we will take them beyond secondary school in future. Presently the Foundation is mainly funded by me. It is also our hope and expectation that other well-meaning Nigerians will borrow a leaf from our humble effort and touch lives accordingly. Apart from Education, the Foundation also engages in other philanthropic works. Your TV show Discourse with Chinelo has been running for more than 10 years now focusing on how the activities of government, government agencies, the organised private sector and individuals impact society. How does your platform affect or offer remedies of our prevalent societal ills? “Healthwise” which started in 2000 was actually the forerunner of “Discourse with Chinelo.” Then it was the only Health talk show in Abuja. Healthwise made so much impact, educating and enlightening viewers on all forms of Health related issues that the Association of Resident doctors gave us an Award in 2003. Discourse with Chinelo debuted in 2004. It was to enable us discuss issues other than health. So in addition to health related issues we now discuss law, economic and other aspects of daily living. We X-ray the activities of government agencies, ministries among others. The impact has been enormous. Take the Ombudsman for instance, so many did not know that Nigerian Ombudsman the Public Complaints Commission is up and running and that they could handle their complaints free and they get remedies. Ditto for other agencies and parastatals. On a daily basis, we are inundated by comments and inquiries from viewers seeking information. Like our slogan goes it is “public enlightenment at its best.”

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Lagos State Law Prohibiting Land Related Exploitation Would Stem Violence Michael Adeniyi Abiiba

he challenges that come with buying and/or selling of landed property are now well known in our society. In fact, scarcely will a landed property transaction and/or construction thereupon go on without one dispute/violence or

the other. It has become so customary to find more than one person buying or purchasing a property from one or more conflicting source. It is not strange anymore to be sacked on a lawfully purchased property where your ejectors are armed and/or portend imminent violence. One may not live to tell the tale if one is adamant. Perhaps, your experience is milder, you have paid heavily to secure possession of a lawfully purchased property and still need to pay through your nose upon recurrent demands by the popular land owners (Omo-Oniles) for other aspects of developing your property (i.e money for foundation, “german” flooring, fencing, decking, roofing, etc.). It is more than unbearable, you will hear many say. The bane of this menace has been the subtle thriving and unconscious institutionalization of the place/role of land grabbers and/or Omo-Oniles in the scheme of things. If you ask me, I will say they are not to blame. It is commonly said that the society without laws cannot have and/or punish any offender (ilu ti o sofin, ese o si nibe). In Lagos State, the tide has changed and many can nurse the hope of relief as a new law emerged to ensure the protection of lawful purchasers and/or occupants of landed property from land related exploitations within the State. The Lagos State Properties Protection Law (“the Law”) became operative on August 15, 2016. The fifteen (15) section Law covers a wide range of concerns that have been

Lagos State Governor, Akinwunmi Ambode

identified earlier above and decisively stipulates punitive sanctions for offenders. Section 2 of the Law criminalizes the use of self-help by any person or group of persons in taking over any landed property in Lagos State. In fact, the said section covers cases where such forceful take-over had occurred before the commencement of the Law and continues three (3) months after the commencement of the Law. Where an offender is found guilty under this section, such offender is liable to ten (10) years imprisonment. Also, under Section 3 of the Law, it is now an offence to, without lawful authority, use or threaten violence for the purpose of securing entry into any landed property either for oneself or on behalf of another. The offence carries a ten (10) year imprisonment sanction upon conviction. The section also prohibits forceful

entry with firearms, offensive weapons or any obnoxious or chemical materials. It is equally punishable to accompany such armed person into unlawful entry of a landed property or cause the injury or violation of any person in connection with the unlawful entry. While Section 4 prohibits encroachment of a landed property and punishes same with a fine of N5,000,000.00 (Five Million Naira) or to five (5) years imprisonment or both fine and imprisonment, Section 5 prohibits the use of land agents and/ or any person on a landed property for the purpose of forcefully taking over a property. An encroacher on a landed property who is in possession of firearms, dangerous/ offensive weapons thereupon is liable to ten (10) years imprisonment upon conviction under Section 7.

It is criminally punishable under Section 8 to offer for sale any landed property in which the seller has no lawful title or authority to sell. A convicted offender will be punished with a fine of N500,000.00 (Five Hundred Thousand Naira) or six (6) months imprisonment or both. Also, under Section 8, it is now an offence to sell a property to more than one buyer by the same seller/privies or to sell a land entrusted to you without the authorization of the owner. A convicted offender is liable to punishment by fine not exceeding 100% of the value of the property or to imprisonment for five (5) years or both. It should be noted that the property in this case will revert to the original owner. Furthermore, Section 8 prohibits the sale of a family land without the concurrence of the family head and principal family members. Equally, it is unlawful to sell a government land or property without State consent. Also, it is illegal to resell a landed property, without a Court judgment nullifying an earlier sale. A convicted offender under these acts will be liable to twenty (21) years imprisonment. Section 11 criminalizes the acts of demanding for fees or levy prior to undertaking a construction activity (i.e money for foundation, german flooring, fencing, decking, roofing, etc.) on a lawfully purchased landed property. Any such person, agent or land owning family found culpable under this section will be punished by a fine of N1,000,000.00 (One Million Naira) or two (2) years imprisonment or both. Indeed, this Law is a right step in the right direction and an answer to the cry of many. What must be hoped for is a conscious and sincere enforcement of the Law in Lagos State (the Task Force Unit and other Law Enforcement Agencies in the State have been saddled with the enforcement duties under Sections 12 & 13) and where other States of the Country take cue and emulate this laudable idea, our society will sure be a better place for it. Michael Adeniyi Abiiba is a Lagos based Legal Practitioner

The Media, the Law and Economic Development Emeka Eze

he media, which was once regarded as newspapers, journals, newsletters, radio and television (otherwise known as the traditional media), has been re-defined by the social media which includes blogs, facebook, instagram, whatsapp, tweeter, etc. Section 22 of the 1999 Constitution (as amended) has mandated the media to hold the government responsible and accountable in matters of governance. The media has used its processes to perform its agenda-setting, surveillance and monitoring roles in order to ensure that the three estates of the realm are kept in check. Relevant laws made by the legislature, executed by the executive and interpreted by the judiciary are expected to be geared towards realising the economic objectives of the federation as encapsulated by Section 16 of the Constitution. The media is key if we must translate these economic objectives to economic development. The transformation will be determined with by the quality of legislation made

by the National Assembly. For instance, the 2016 Appropriation Act has received adequate media highlights thereby increasing citizens' participation in the budgetary process. The media, especially the social media, has been awash with the challenges arising from the budget before and after its passage. The challenges of budget padding, constituency projects, sectoral allocations and others, have been consistently brought to the public space for the contributions of Nigerians. The recent introduction of the EMERGENCY ECONOMIC STABILISATION BILL, 2016 by the executive for the consideration of the National Assembly in order to assume emergency powers needed to tackle some clogs in the wheel of economic development, is currently trending in both the traditional and social media. The increased participation of the citizens in the analyses of the various laws that are capable of stimulating economic development are given free rein in a democracy. Free speech or freedom of expression is a fundamental right guaranteed in our constitution and one of the hallmarks of our democratic practice. It has

improved citizens' input in the legislative process during public hearings and in national discourse. Under military rule, the media is gagged and the society suffers the miasma of profound societal flux that inhibits economic development. In the build-up to the passage of the 2016 Appropriation Act, the media was awash with the alleged exclusion of the Lagos-Calabar rail project from and the inclusion of the Lagos-Kano rail project in the budget. Many representatives of the primary beneficiaries of the excluded project cried out in the media and subsequently obtained guarantees that the government will correct the anomaly. Were it not for the media exposure, and democracy, the concession granted the aggrieved persons might not have been possible. Also, currently trending in the media is the approval by the Federal Executive Council of the Medium Term Expenditure Framework (MTEF) in which the oil benchmark for the 2017 budget has been pegged at USD42.5 per barrel. The MTEF provides a content platform for appropriation for three years and the current MTEF will run

from 2017-2019. It is a core provision in the Fiscal Responsibility Act of 2007. Without media input, the public will not make meaningful contributions to this economic strategy which, if properly implemented, will ensure economic development in the country. Since the social media has become a veritable tool of citizens' participation in national discourse all over the world, the comprehension of economic jargons and their translation to economic realities by the political class are largely dependent on the role of the media. There is, therefore, an important nexus linking the media, the law, and economic development in a democratic society. As we prepare for the 2017 Bar Conference, stakeholders have the duty to ensure that laws made are driven by the economic objectives contained in Section 16 of the Constitution with an enabling environment for the media to discharge its constitutional mandate. This is because it is only an accountable and responsible leadership that upholds democratic ideals that can translate these economic objectives to economic development in Nigeria. Mr. Eze writes from Lagos

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20.09.2016

Alleged ‘Padding’ of Budget 2016 Shouldn’t Jinrin and Doggara be Prosecuted?

Speaker, House of Representatives, Hon. Yakubu Dogara

Abubakar D. Sani

he ongoing feud between the Speaker of the House of Representatives and the erstwhile Chairman of the House Appropriation Committee, Hon. Abdulmumin Jibrin, over allegations (and counter-allegations) of padding the 2016 budget, has degenerated to the extent that each side is reportedly threatening to invite the EFCC, ICPC and DSS to investigate the other with the ultimate possibility of criminal prosecution. In my opinion, the situation, once again, exposes the seeming widespread ignorance of the legal status of Legislators, including the proceedings of the institution(s) itself, vis-a vis the criminal (and even civil) justice system. While there is no doubt that law enforcement agents such as the DSS, ICPC, EFCC, etc., can investigate anyone, including Legislators, it is also clear that, by virtue of the Sections 3, 23 & 30 of the Legislative Houses (Powers & Privileges) Act, Cap. L. 12, LFN 2004, all Legislators enjoy limited immunity from criminal and civil process while they hold that status. In this regard, it is important to outline the aforesaid provisions of the said law herein, as follows: “3. Immunity from proceedings. No civil or criminal proceedings may be instituted against any member of a Legislative House a. In respect of words spoken before that House or a Committee thereof; b. In respect of words written in a report to that House or to any Committee or in any petition, bill, resolution, motion or question brought or introduced by him therein”. “23. Restriction on evidence as to certain matters. No evidence relating to any of the following matters, that is to say a. Debates or other proceedings in a Legislative House; b. The contents of the minutes of evidence taken or any documents laid before a Committee of a Legislative House or any proceedings or examinations held before any such Committee, by a member or officer of the House or any

Former Chairman, House Appropriation Committee, Hon. Abdulmumin Jibrin

shorthand writer employed to take minutes of such evidence or proceedings or in respect of any of the matters specified in paragraph (b) of this section, by any person who was a witness before the Committee, shall be admissible in any proceedings before a court or person authorised by law to take evidence unless the court or such last mentioned person is satisfied that permission has been given by the President or Speaker, as the case may be, of the House or the Chairman of the Committee (as the case may require) for such evidence to be given”. “30. Courts not to exercise jurisdiction over acts of President, Speaker or Officer. Neither the President or Speaker, as the case may be, of a Legislative House nor any officer of a Legislative House shall be subject to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by or under this Act or the standing orders of the Legislative House, or by the Constitution.” (emphasis supplied). Of the three, I submit that the last, i.e., Section 30, is problematic. This is because, by virtue of Section 4(8) of the Constitution Federal Republic of Nigeria 1999: “The exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts by law and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law”. This provision was affirmed by the Supreme Court, per Karibi-Whyte, JSC, in ADIGUN v ATT-GEN. OF OYO STATE (1987) 18 NSCC pt. 1 pg. 376 @ 399 (in relation to Sec. 4(8) of the 1979 Constitution, which is in pari materia with it). In respect of Sections 3 and 23 of the Act, I submit as follows: i. All members of the House, not just its officers, such as Speaker Dogara, Deputy Speaker Sulaimon Lasun, Hon. Abdulmumin Jibrin and the other dramatis personae, i.e., Hon. Ado Doguwa and Leo Ogor, enjoy limited immunity from criminal prosecution for the alleged ‘padding’ of the budget or in respect of anything they might have said within or to the House or the Appropriation or any other Committee of the House; ii. This protection extends to words written by them in a report to the House or the said Committee “or

in any petition, bill, resolution, motion or question brought or introduced” by them therein in respect of the 2016 Budget; iii. Similarly, no evidence may be given in any court of law in respect of any debates or other proceedings in the House or of the minutes of evidence taken or documents laid before or proceedings or examination held, before the Appropriation Committee of the House in connection with the 2016 Budget. That being the case, in my view, it is clear that while the reported threat of police investigation of the alleged ‘padding’ of the budget may be in order, anything beyond that, i.e., the criminal prosecution of any member of the House for alleged complicity therein, will have to contend with the said provisions of Sections 3, 23 and, possibly 30, of the Legislative Houses (Powers and Privileges) Act. However, such a possibility will, having regard to the provisions of Section 32 of the Act, depend on the discretion of the Hon. Attorney-General of the Federation, which he can only exercise “upon information given to him in writing” by Speaker Yakubu Dogara. Finally, it may be observed, in passing, that were this spat to be going on in any of the State Houses of Assembly, the constitutional validity of the entire Legislative Houses (Powers & Privileges) Act could legitimately be challenged on the ground that, in relation to States, the Act is ultra vires the National Assembly. This is because, whilst the Act is expressed, vide Sections 2, 8(2), 32 & 33 (2)(c) thereof as applicable to State Legislative Houses, i.e., Houses of Assembly of the 36 States and their members, by virtue of Section 4(2) and Item 47 of the Exclusive Legislative List of the Constitution, the National Assembly may only regulate its own powers and the privileges and immunities of its members; it is incompetent to exercise such powers in respect of State Houses of Assembly or their members. It follows that, to the extent that the National Assembly purports to regulate State Houses of Assembly, the aforesaid provisions of the Act are ultra vires, invalid, null and void. By virtue of Sec. 4(7)(a) of the Constitution, only those Houses of Assembly can validly regulate their own powers, as well as the privileges and immunities of their members. Abubakar D. Sani is a lawyer practicing in Kano.

20.09.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, I should have written to you earlier on this, but I didn’t know that my problem would take this long to be solved. I worked for a foreigner and his wife as cook and steward for six and half years. I didn’t have any problems with the couple or his children for the period I worked and lived with them. My only worry was the very poor salary they were paying me. I got a better job in a fast-food company and told them I wanted to leave. They refused and offered to increase my salary, but I just had to leave because I also saw it as an opportunity to build a career. To my total surprise, my former boss came with police to arrest me just three weeks in my new work place. They accused me of stealing their money, cloths and other household items. I spent four days in the cell and the police have charged the matter to court. I am completely innocent of these accusations; they are only doing this to me out of malice, and knowing that I have no money to fight them back. They used the police to search my house and nothing was found. What should I do? I have spent all the little savings I had on this matter. Some people advised me to beg them, but I cannot beg for a crime I didn’t commit. L. Etuk Victoria Island, Lagos.

Dear Mr. Etuk, I have heard and seen the needless pain and injustice that some people go through due basically to ignorance. Nobody has any right to force another person to remain in an employment against his will. When the terms of agreement are not breached or violated, an employee can lawfully and willfully leave his employment. The law only requires that adequate notice is given by such employee to his employer as provided in the terms of his contract of employment. You also didn’t need to spend four days in detention without bail. But now that the police have arraigned you in court, I advice that you get a lawyer to represent you in the case. If as you hinted, you don’t have the funds to get a lawyer, there are numerous agencies and NGOs that offer pro bono legal services to indigent persons that find themselves in situations like yours. I hereby attach with this mail a list of human rights NGOs and agencies that offer free legal services including the Legal Aid Council of Nigeria and the Office of the Public Defender (OPD) of the Lagos State Ministry of Justice.

Court-room drama A defendant was not happy with the way things were going in court. So, he decided to give the judge a hard time. Judge: Where do you work? Defendant: Here and there. Judge: What do you do for a living? Defendant: This and that. Judge: Take him away. Defendant: Wait; when will I get out? Judge: Sooner or later. Court Shorts 1. Lawyer: Can you see him from where you are standing? Witness: I can see his head. Lawyer: Alright, where is his head? Witness: Just above his shoulders. 2. Judge: If this trial is interrupted by anyone, that person will be thrown right out of this courtroom. Prisoner: Hooray for the Judge! 3. Prosecutor: What were you doing on July 15 at 9 o'clock in the evening? Prisoner: I was eating a hamburger. Prosecutor: What were you doing at 9:30 p.m.? Prisoner: I was taking a bicarbonate of soda. Prosecutor: Do you expect us to believe you? Prisoner: You would if you had eaten one of those hamburgers.

Confidentiality in Arbitration and the Freedom of Information Act 2011 Ahmed Adetola-Kazeem

he notion of confidentiality in arbitration is inherently ambiguous and potentially confusing. It has long been standard practice to include the word ‘confidentiality’ in any list of supposed benefits of arbitration. Parties agreeing to an arbitration clause therefore expect any dispute to be resolved out of the sight of jealous competitors and inquisitive media, not to mention over-curious authorities. One wonders why many cases emanating from arbitral proceedings end up in the regular courts and why we have a lot of cases whose subject matter are arbitration ending up in the law reports in spite of the ‘confidential’ nature of arbitral proceedings. Very little critical analysis has been brought to bear on this issue, as may readily be verified by reviewing textbooks on arbitration. Even the most comprehensive ones have little to say on this subject, except to repeat generalities which are presumed rather than proven. In recent years, a handful of cases in a number of national jurisdictions have demonstrated that the issue is indeed complex. These cases illuminate not only the absence of an explicit and absolute duty of confidentiality, but also this paradox: if they really thought it through, many parties might find it undesirable for the rule to be as comprehensive as they vaguely suppose it to be. It is true that third parties are excluded from most types of international arbitration. But does it follow that parties are obliged not to disclose to strangers what has transpired in the arbitration? Can one really point to a positive duty on the part of participants in arbitral proceedings to maintain confidentiality? If such a duty exists what are its limits

and its practical effects? Parties may be astonished to find out that, when they actually test the matter, the rule of confidentiality is not reliable. Although confidentiality is often cited as one of the primary advantages of arbitration, the arbitration rules of most of the best-known institutions do not require the parties to maintain the confidentiality of the arbitral proceedings, award or any documents exchanged in or created for the proceedings. The arbitration rules of some institutions do, however, impose such a confidentiality requirement on the administrator and arbitrators. Several common law countries have imposed an implied obligation of confidentiality on arbitrators and parties, while some countries’ laws (e.g. Australia and United States) impose no confidentiality requirements on parties to arbitration unless confidentiality is expressly provided for in the contract between the parties. At one extreme, arbitral scholars believe that it is an inherent element of arbitration that there is a general duty of confidentiality. It might be seen as an important aspiration of commercial parties to deal with their disputes in a way which does not adversely affect their status in the market place through bad publicity. Many disputes also deal with confidential aspects of technology and business know-how. At the other extreme, some argue that an undue concern for confidentiality comes at the expense of transparency and the ability to promote consistency through adoption of similar logic to other arbitral tribunals. In COMMONWEALTH OF AUSTRALIA v COCKATOO DOCKYARD PTY LTD [1995] 36 NSWLR 662, the Australian court concluded that whilst there was a ‘high level of confidentiality’ in arbitral proceedings, this should not prevent disclosure where the public interest was concerned. It is this concern for the public interest – and the public’s right to know’ – that has led to the erosion

of the principle of confidentiality in arbitral proceedings. Where one or both parties in an arbitral proceeding are state parties the requirement of transparency and disclosure in the public interest will outweigh that of confidentiality. For instance it is doubtful whether it is be possible to impose a binding duty of confidentiality on government institutions in Nigeria who are parties to an arbitration in view of the enactment of the Freedom of Information Act (FOIA) 2011. Section 1(1) of the FOIA provides that: “Notwithstanding anything contained in any other Act, Law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in custody or possession of any public official, agency or institution howsoever described, is established.” Section 4 of FOIA mandates a public institution, subject to some exception, to make the information available to the applicant. Where a case of wrongful denial of access is established, the defaulting officer or institution commits an offence and is liable on conviction to a fine of N500, 000. The FOIA however provides exemption for cases where application for information will be refused. The FOIA provides that a public institution may deny an application for information that is subject to legal practitioner-client privilege; health workers-client privileges; journalism confidentiality privileges and any other professional privileges conferred by an act. Since no Act in Nigeria has conferred any privilege or made confidentiality mandatory on parties to an arbitral proceeding, any member of the public may request to have access to an arbitral award or documents exchanged during an arbitration proceeding which are in the possession of a public official, agency or institution. Ahmed Adetola-Kazeem, MCIArb(UK) is a member of the Chartered Institute of Arbitrators and a member of the Lagos Court of Arbitration.

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20.09.2016

THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

The Rationale behind Contractual Interpretation in International Dispute Resolution

nderstanding the cultural and factual matrix of a contract is crucial to its interpretation. The purpose of interpretation is a straightforward one: to understand the intention of the parties and determine their legal rights and liabilities. However there are several jurisdictional approaches in cross-border transactions and given the multicultural composition of the various arbiters and the parties, the issue poses some interesting questions than just understanding the intention of the parties. Domestic jurisprudence will contain a set of guiding principles to be applied when deciding issues of contractual interpretation but there is considerable variation in approach in different jurisdictions. The dichotomy between legal traditions most often mentioned is the difference between the objective approach prevalent in the common law systems and the subjective approach in most civil law systems. Albeit so, two essential differences are the perspective from which the provision to be interpreted is considered, and the material that the court is permitted to consider in order to reach its decision. The subjective approached is aimed at finding out the actual intention of the parties by reference to whatever evidence is available, while the objective approach is focused on identifying the objective intention of the contracting parties as expressed by the words used in the contract. This approach gives pre-eminence to the contract document and permits only limited reference to other objective evidence of what the words used might convey to a reasonable bystander. However many common law jurisdictions have moved away from a strict interpretation of the text of a disputed provision to permit some consideration of the wider context of the contractual arrangements. Many years ago the English Courts open the doors to permit examination of factual matrix within which the contract was signed. In the Case of PRENN v SIMMONDS (1971) 1 WLR 1381 at 1381-1384 Lord Wilberforce held thus: “In order for the agreement … to be understood, it must be placed in its context. The time has long passed when agreements, even those under seal. Were isolated from matrix of facts which they were set and interpreted solely on internal linguistic considerations. We must … inquire beyond the language and see what the circumstances were with reference to which the words were used, and the object, appearing from those circumstances, which the person using them has in view” This line of reasoning of applying the cultural and/or factual matrix was adopted by the Nigerian Court of Appeal, Abuja division recently in CA/A/200/2013 ATLANTIC NETWORK LTD v ABAWA NIG LTD delivered on the 19th day of April,

2016 wherein the Court held thus: “the court did not accept that the contract was awarded to Ericsson Company as a result of Exhibit P… the court believes that the contract was awarded to Ericsson company through the efforts of the plaintiff…” It is instructive to note that the efforts of the plaintiff referred to in this case, is that the claimants influenced the award of a contract through political means, a complex telecoms contract the plaintiff had no expertise in, but the court sanctioned the enforcement of same seemingly on the premise that it is a culture in Nigeria that third parties can influence the award of contract through any means other than the laid down procurement guidelines. This much can be deduced from the Courts reasoning at Page 13 of the judgment that: the record of appeal also does show indeed that the appellants said the respondents have connections in the corridors of power, the trial court did not make that up, see DW1’S statement on oath at page 92 of the record… the plaintiff and CSP Abdullayari Lafia (a former ADC to the Vice President) were in the corridors of power, they intimidated the 2nd respondent to transfer the ownership of his property situate at London as further payment….” This decision is now on appeal to the Supreme Court, we await their attitude towards this reasoning. Similar developments have taken place in other common law jurisdictions, Notably Australia. Where the court looks at all extrinsic evidence to ascertain the intent of the parties, not just the documentary contract. However, two long-established areas of exclusion from admissible evidence are proving resistant to attack. The first is evidence of the parties’ precontract negotiations and their declarations of subjective intent (known in England as the exclusionary rule) and the second is evidence of the postcontract conduct of the parties (for

example, in relation to implementation of the provision in question). Matters falling within these two heads are generally excluded from consideration by a court when interpreting a disputed provision. In contrast, a contextual approach , at its most extreme, involves looking at the contract as just one type of evidence of intent. In other words, a court or tribunal should be allowed to consider any extrinsic evidence that can potentially provide insight into the meaning of the provision intended by the contracting parties. Thus pre-contract negotiations and even post contract communications and conduct may be relevant. Various policy reasons have been advanced to explain why the exclusions should remain. Such as the time and costs involved in sifting through the additional evidence relative to the parties’ use of selected pre and post contract communication to support arguments advanced in the case, the need for certainty and the protection of third parties who unaware of the contextual material, may understand a contractual term to mean something different. Another rationale often mentioned is the safety net provided by the fact that documents excluded in relation to a dispute on contractual interpretation may be admitted in evidence via the back door in support of alternative claims for rectification of the contract (in relation to pre-contract documents) estoppel by convention (in relation to post documents). Such legal arguments are commonly used in cases involving issues of contractual interpretation albeit on the premise that, in theory, a tribunal is supposed to ignore that material when making a decision on the interpretation issue. Efforts have been made at an international level to agree on a common approach to interpretation. The United Nations Convention on the International Sale of Goods (CISG) contains provisions guiding

the approach to be adopted in relation to interpretation of contracts subject to the CISG. Article 8 contains the default position that the contract is to be interpreted by reference to the intention of the parties. In determining that intent, consideration is to be given to all relevant circumstances of the case including the negotiations any practices which the parties have established between themselves, usages and subsequent conduct of the parties. Only if the common intention of the parties cannot be determined, is the court or tribunal to have recourse to an objective approach, namely, the understanding that a reasonable person would have had in the same circumstances. Several commentaries have opined that, in practice, the primacy given to the subjective approach should not be overestimated because of the difficulty in proving actual intention. Whether the question of interpretation is to be approached on an objective or subjective basis, parties could make submission as to the relevance of extrinsic evidence to the ascertainment of the parties’ intentions. If admitted, the tribunal could decide what weight should be attached to the material when interpreting disputed contractual provisions by reference to the appropriate test. Such an approach appears to meet the approval of certain members of the judiciary. In the New Zealand Case of CANTERBURY GOLD INTERNATIONAL LTD v YOSHIMOTO (2000) NZCA 350 at 76-77, Thomas J made the following comments when talking about the constraint imposed by the rule excluding evidence of pre-contract negotiations: “what I am suggesting is that the rule should not be treated as an absolute and rigid rule to the point where the court is called upon to impose an interpretation which is not in accord with the parties’ actual intention. The objective basis would remain. But that basis would be enhanced by approaching the task of determining what the contract would convey to a reasonable person without artificially restricting the background knowledge available to the parties at the time they completed the contract…It is not remotely suggested that such evidence be received without caution. Obviously, the evidence must be reliable. No doubt documentary evidence will tend to be more reliable than oral evidence. The reason usually given to justify the exclusion of prior negotiations is that the parties’ position will change with each passing communication until the final agreement which records a consensus. Those particular circumstances can be taken into account in determining the weight, if any to be given to the evidence of the prior negotiations. The task of contractual interpretation – described as requiring the resolution of a tension between certainty and efficiency on the one hand and accuracy or fairness on the other- is an exercise in judgment. A decision as to what it is relevant or helpful to consider in exercising that judgment is just another piece of the puzzle that should be left to the arbiter to decide on the facts.

20.09.2016

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IN BLACK AND WHITE ADERINSOLA FAGBURE

afagbure@yahoo.com

Legal Advice to the CEO

ll over the world, Chief Executives are under pressure to ensure that their companies post impressive results. Being the head of an organization, no doubt comes with a great deal of benefits as well as immense responsibility, particularly with the short term approach to management appraisals. Shareholders are constantly clamouring for improved returns keeping company executives on their toes to meet targets and projections. The current economic climate is not exactly the most favourable. Businesses are struggling to remain afloat. I consequently do not particularly envy the modern CEO. At the end of a meeting with some company top shots the other day, I came to the conclusion that there was much more than ever before, a need for consultants to truly understand the challenges of the operating environment by giving advice that would encourage the entities concerned to remain in business. This experience prompted me to put together a few tips that may be useful to management and the consultants they engage. Basically, legal opinions should not only take into consideration the lawfulness or otherwise of a business decision but must relate to the economic cum financial implications. As external lawyers, we must not only ensure our corporate clients remain on the right side of the law, but must also be interested in the perpetuity of these establishments. This topic is relevant because professionals can only hope to remain in business, if the clients being serviced are still going concerns. It is therefore most appropriate for professionals in various fields to collaborate. Lawyers, financial advisers, economists, engineers, doctors among others would do well to work together with the ultimate objective of ensuring clientsatisfaction. Undoubtedly, today’s CEOs will be on the lookout for consultants who can provide ingenious solutions and genuine advice. This came to play at a recent board retreat where the legal advisers of a company were asked to consider possible options for raising finance. The directors were of the view that the firm needed to raise additional capital while the legal team expressed the need for caution. Transactional advisers should be able to justify a requirement for capital injection because the solution to dwindling profit may not necessarily lie is shoring up capital. A flopped public offer is worse than none at all. In advising management on this issue therefore, it is important to choose carefully between the debt and equity options. Pro-active companies are opting for equity offers that have fixed returns, in line with investor sentiments. Bonds and preference shares have become more attractive options when compared to the typical ordinary share issues. Investors have in recent times developed a reduced risk appetite and this has taken its toll of the frequency of public offers on local and international trading floors. Clients must be made to understand the disposition of the market today.

In line with encouraging one’s clients in business, it may be helpful to review legislations affecting the relevant industries, with a view to identifying possible areas of reform. Companies hoping to remain competitive may constitute pressure groups towards influencing government policies which may positively affect corporate profitability and improve the operating environment. For example, indigenous shipping companies have been known to continuously champion the implementation of the Cabotage Act which is expected to benefit local ship owners and the economy in general. Also, a new law is being pushed to harmonize the rules governing the activities of various arms of the insurance industry to encourage specialization. A legal adviser who can provide support to corporations along these lines will have an added advantage. Professionals should understand that cost reduction has become even more important in recent times. No CEO will be happy to pay fines at this time and as such, would be grateful to a compliance team that ensures that the company remains up to date in its statutory obligations. It may be expedient to consider

winding up shelf subsidiaries and moribund concerns to reduce the regulatory burden on the parent company. Consolidation schemes may equally be proposed to management subsequent to a cost-benefit analysis being carried out. It is known that synergy if well managed, leads to increased performance and reduced cost. Further, it may be expedient to educate companies on the do’s and don’ts as they relate to employment. Down-sizing and salary cuts which have now become commonplace in a recession, should be handled professionally to avoid the possibilities of major labour suits. Notices must be issued in accordance with the contents of the relevant employment letters. By law, employers cannot unilaterally cut an employee's pay. If, in exceptional circumstances, employees agree, they need to be aware of the implications for any subsequent redundancy payment and their pension rights. It can be worth negotiating with the Union, where one exists. Lawyers are often responsible for drafting and reviewing agreements. Currently, it will be full hardy to adopt a hard line approach to negotiations, as it pays to be extremely tactical. The present may not be the

time for an upward review in rent and other such contract consideration, with the slump in property prices and the increasing number of unoccupied commercial properties. Business savvy lawyers have had cause in recent times to put contract reviews on hold, in the interest of all the parties concerned. The general reluctance towards agreement reviews makes it important to ensure that water-tight contracts are drafted ab-initio. Alternative Dispute Resolution Clauses should be included in all agreements, for cost effectiveness. Time-tested legal documents and codes should be drawn up such that the need for amendments is reduced, if not eliminated. Having encouraged my colleagues as well as other professionals not to limit their interests in their clients to the fees they receive, it is necessary to appreciate the need for professional advice. Even though the buck stops on the Chief Executive’s desk, it is important for the number one man to understand the importance of having a team that works, both internally and externally. Conflicts between in-house professionals and external consultants should be well-managed. Due regard should therefore be given to professional opinion.

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20.09.2016

O Introduction

ver the years, millions of people, families, businesses and even nations have used photographs to document their lives and histories. With the advent of technology, photography has become an increasingly lucrative business and a primary source of income for many individuals, with certain famous photographers such as Annie Leibovitz raking in a reported sum of 20 million US Dollars. Despite the conspicuous growth in the industry, many photographers lose out on reaping the benefits that accrue from the legal rights in their photographs, due to sheer ignorance of the law surrounding photography and how it protects their art. This article seeks to address the issue of legal rights in photographs as well as the protection of photographs, particularly through copyright. The article also provides information on how to determine who owns the rights to a photograph. It then proceeds to illustrate ways in which photographers can protect their works and concludes with a practical analysis of some interesting copyright cases. Who Owns The Rights To A Photograph? Firstly, in analysing copyright protection for photography, it is of paramount importance for photographers to identify the rights they have in their photographs. According to The Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC), a photographer enjoys the exclusive right to reproduce, distribute, alter, modify, publicly display, sell and publicly exhibit his work. According to the 1887 Berne Convention for the Protection of Literary and Artistic Works (to which Nigeria is a signatory), the person who clicks the shutter of the camera is entitled to the copyright in the photograph produced. There are however two exceptions to this rule. These are: i. Where the photographer is employed to take the photographs (also referred to as works-for-hire), then the employer owns the copyright to the photograph (this is of course subject to the terms of the employment contract); and ii. Where there is a contract to the contrary. That is where, for example, the photographer signs a contract or a Release Agreement with another individual granting him copyright to the photograph. In a situation where a photographer has been commissioned to take photographs, the photographer will retain the copyright in the resulting work. According to Sections 10 and 11 of the Nigerian Copyright Act, there are two major means of acquiring copyright in photographsthrough authorship and through transmission and transfer of copyrights. A classic and interesting case that should be brought to your attention is the case between TYSON SADLO & ANOR v B HANNAH LIMITED (2012) EWPCC 32. In this case, Tyson Sadlo, a professional photographer, was engaged by a company called Oxygen 10 Limited to conduct a photo-shoot of a popular business woman, Karren Brady. The photographs were intended for publication in Oxygen 10’s publication, Today’s Business Woman. Subsequently, a sister company to Oxygen 10 Limited called B Hannah Limited used the same photographs in its BUPA Health Magazine and on its Celebrity Angels website. Tyson Sadlo subsequently sued B Hannah Limited for alleged infringement of copyright. B Hannah Limited claimed that by virtue of a written document alleged to have been sent to Mr Sadlo before the photo-shoot, it owns the copyright in the photographs or alternatively that it is a joint owner. Mr Sadlo however denied receiving any such written document from B Hannah Limited

nor Oxygen 10 Limited. According to the presiding Judge, it is important to bear in mind that it is the creativity involved in creating the photograph which is the subject of copyright. For instance, the person who sets up the scene to the photographed, the camera angles and settings, the control of the scenes at the instant at which the photograph is taken are all to be considered in determining ownership of copyright (Creation Records Limited v News Group Newspapers Limited). The presiding Judge further held as follows: “the circumstances in the present case are in my view insufficient to compel a finding that it is necessary to give effect to the contract Oxygen 10 should receive an assignment of the copyright. The parties had in contemplation the publication of the material in Oxygen 10’s printed publication Today’s Business Woman. It was not established that the parties had any wider use in mind at the time when the agreement was concluded by the series of emails I have referred to…. B Hannah have therefore infringed the copyrights in the photographs in that respect”. Despite the above, photographers ought to be aware that there are certain restrictions to the use of their copyrights. One instance occurs when a person commissions a photograph for private or domestic purposes, though not the owner of the copyright, he or she has the right to object to the issuing of copies of the work to the public, broadcasting or cable-casting (Section 85(1) UK CDPA). Another provision contained in the Berne Convention authorises persons other than the copyright owner to use the photograph in a fair way. This is also known as the ‘fair use’ doctrine. In the 1994 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), a two-pronged test was proffered to determine and define fair use. For an act to be considered ‘fair use’, the act must be confined to certain special cases which do not: i. Conflict with a normal exploitation of the photograph; and ii. Unreasonably prejudice the legitimate interests of the rights holder (The Australian Law Reform Commission). Therefore, the general public has the right to use a photograph without authorisation, as long as it is used in a fair way. An example of fair use would be a review or criticism of a photographer’s art, provided that proper recognition and credit is given to the copyright owner. Use for research, teaching and news reporting will also fall within the ambit of the doctrine. Another area of interest as regards photographic copyrights surrounds the length of time within which the photographer is entitled to enjoy his rights. According to

the Berne Convention, the photographer’s right to his photograph commences at the moment he clicks the shutter. This right is however not an indefinite one as the convention sets its lifespan at a minimum term of 25 years from the date of creation of the photograph. Protection of Photographic Copyright There are a few ways by which a photographer may protect his copyright. The first way would be to place a copyright notification on his image. In order to do this, the photographer would need to insert the word ‘Copyright’, its abbreviation ‘Copr.’ or the symbol © on the photograph. This is then followed by the year the photograph was first published and ends with the name of the copyright owner. So for example, Mr. John E. Doe may place the following notice on his image: © 2016 John E. Doe. This may prevent unauthorised use of the photograph as it serves as a reminder that the work is protected. Another way a photographer may protect his copyright is digitally. This is particularly relevant where such photographs would be largely accessible on the internet. The photographer may take measures making it difficult for his copyright to be infringed. In doing this, he should be careful to read the terms and conditions of the website where his images will be published to ensure that he is not giving up any rights to the photograph. The photographer can also disable the “right-click” to prevent individuals from appropriating his work without prior authorisation. To avoid disputes over copyright ownership, it is also important for the photographer to enter into written agreements with their clients setting out their respective rights. Lastly, and most importantly, the photographer may choose to register his copyright with the Nigerian Copyright Commission (NCC). Although, under Nigerian law, copyright automatically exist once an original work is created, the NCC encourages all creators of copyright works or persons who have acquired rights in such works to register the work online with the Commission. Online registration facilitates record keeping and proof of the date of creation of the work. The certificate of notification obtained from the NCC can be used in court as evidence of ownership or proof of original content of the work. Case Analysis Below are some famous and interesting cases involving infringement on photographic copyright:

1. ROGER v KOONS In this case, Art Rogers held copyright in a photograph he took of a couple holding some puppies. He sold the rights to use the photographs in greeting cards. Another artist, Jeff Koons proceeded to create statues based on Roger’s image. He went on to sell the statues and made significant profit on them. Rogers sued Koons for copyright infringement and Koons pleaded fair use by parody. Koons’ defense was rejected and he was ordered to pay monetary settlement to Rogers. 2. MODERN DOG DESIGN v TARGET CORPORATION The Modern Dog case is particularly interesting as it is yet to be decided. The case involves a series of sketches of dogs. It was alleged that the design was used by Disney/Target on a t-shirt without authorisation. What can be said however is that using a photograph in advertising or for trade without the copyright owner’s consent may violate publishing rights, especially when it injures the economic interests of the person due to commercial exploitation. 3. ASSOCIATED PRESS v FARLEY This case revolves around the popular Hope poster created by the famous street artist Shephard Fairy during Barack Obama’s 2008 presidential campaign. The photograph from which the poster was derived was shot by an Associated Press freelancer named Mannie Garcia. Fairy pleaded the fair use defense. The parties eventually came to a private settlement which included splitting the profits for the work. 4. CARIOU v PRINCE Forty-one photographs shot by Patrick Cariou were modified without authorisation by appropriation artist Richard Prince for an exhibition in the Gagosian Gallery. As is common with appropriation artists, Prince claimed fair use as his defense. In 2011, the court ruled in favor of the photographer stating that the changes made by the appropriation artist were not significant enough to constitute a change in meaning. Conclusion In conclusion, photographers are often times unaware of the rights and benefits that they enjoy in their photographs. In focusing on producing the art, photographers forget to explore the legal aspects of their trade. For this reason, it is important to raise awareness in the industry on copyright protection, so as to enable photographers know what rights they hold, for how long and how best to go about protecting these rights. Yemisi Falaye and Eniola Sadare are lawyers in the entertainment law unit of the law firm of Adepetun Caxton Martins Agbor & Segun.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

POLITICS

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

EXECUTIVE BRIEFING

Ogun West as a Child of Necessity As the journey to 2019 governorship contest intensifies in Ogun State, the people of Yewa/Awori are leaving nothing to chance in realising their 40 years old dream, writes Femi Ogbonnikan When leaders of different political leanings converged at Daktad Hotel and Suites, Quarry Road, Abeokuta, the Ogun State capital on Thursday, May 12, 2016, for the launch of a book: “Ogun West: The Dawn of A New Political Era”, little did those who failed to honour the invitation know the original idea behind the event because they thought it was an all-APC affair. But those who graciously turned up realised that the event was meant to drum up support for the emergence of a Yewa/Awori candidate. It beat their imagination and later turned out to be a rallying point for scholars, academia, technocrats, members of the political class, serving top government functionaries in the Ogun State cabinet, business moguls, students, members of the diplomatic community and others to go back to the drawing board and brainstorm on how to address the issue of marginalisation of the people of Ogun West in the political calculus of the state. The book was authored by Chief Daniel Adejobi, a former Commissioner for Housing, who served in the administration of Senator Ibikunle Amosun, between 2011 and 2015. Ogun West Senatorial district, made of five local governments (Yewa South, Imeko-Afon, Yewa North, Ipokia and Ado-Odo/Ota) is endowed with prominent sons and daughters, who can stand the test of time, both locally and internationally. It is therefore absurd to lay claims to lack of competence and capacity on the parts of the candidates jostling for the number one seat from the axis, or the assumption that the factor working against the interest of the zone is self-inflicted. But rather, the political structure already bequeathed on the district by early political fathers, who deliberately out of nothing other than the interest of their own clans, relegated Ogun West to the role of second fiddle. Chief Dapo Oke, the leader, Ogun West Rebirth, in a recent interview, situated the problems, thus: “The first problem is that the political structure was created in such a way

Ogun West as a child of necessity is the goose that lays the golden egg, accounting for well over 70 per cent of the Internally Generated Revenue (IGR), yet it is being fed with crumbs, while the two other senatorial (Ogun Central and East) districts take the largest portions, when it comes to benefitting from the dividends of democracy like project initiations and execution as well as political appointments among other things

Amosun and Osoba...the imperative of their cooperation

that the Yewa/Awori people were put in a disadvantaged position. In the Electoral College in 1979, where we had 50 delegates, the Ijebu had 20, the Egba had 20 and the Egbado (now Yewa) had 10. So, how do you think 10 delegates can defeat 20 delegates from a zone in a free and fair contest? And all the delegates voted along ethnic lines. “The second problem is that with the present political structure in Ogun State, Ogun West has 59 wards; Ogun East has 108 wards, meaning Ogun West is 50 per cent of Ogun East, while Ogun Central has 67 wards. Now, tell me, if they are going to contest primaries, since the delegates are going to vote, the candidate from Ogun West is already contesting from a disadvantaged position. That is that,” he explained. To demonstrate the simple clear case of marginalisation, historically, when Ogun State was created in February 1976, by the military, it had ten local governments and five senatorial districts (Egbado South and Egbado North, Ifo Ota/Abeokuta, Odeda and Obafemi, Ijebu North and Ogun Waterside, and Remo and Ijebu Ode). And when the military administration of Gen. Olusegun Obasanjo lifted ban on partisan politics and democracy was ushered in 1979, Senator Jonathan Odebiyi was elected to represent what was known then as Egbado district, while Egba with Senators Oyero and Sogbehin and Ijebu districts with Senators Abraham Adesanya and Dipo Odujirin had two senators each, who represented them at the Upper Chamber of the National Assembly in Lagos, then. With the clamour to produce the next governor in the 2019 general election heightened, prominent sons and daughters of Yewa/Awori stock and non-indigenes have continued to lend their voices at various fora to ensure the actualisation of the project. Among them, Dr. Femi Majekodunmi, a chieftain of the APC and an Egba indigene, admonished the people of Ogun West to bury their differences and work together, if they truly want the 2019 governorship election to work in their favour.

Also, Chief Bode Mustapha, an APC chieftain and close ally of Obasanjo, empathises with the people of Yewa/Aworiland. In a recent interview, he said, “I support the people of Yewa/Aworiland 150 per cent in their agitation to produce the next governor of Ogun State. As an Egba man, I will never have accepted if since the creation of this state 40 years ago, an Egba person hasn’t been governor. From Egba, we have had elected governors. We have had Chief Olusegun Osoba, who is from Egba. We now have the incumbent governor, Senator Ibikunle Amosun, who is from Egbaland too. From Ogun East, because I don’t believe in anything called RIYE (Remo, Ijebu, Yewa and Egba). There is nothing called RIYE, to me, it is a scam. The constitution recommends three senatorial districts. Ogun East district has produced Chief Bisi Onabanjo of blessed memory, and it has produced Otunba Gbenga Daniel. But Ogun West has never produced a governor of this state. Why should they not produce the next governor? I am a believer in the Ogun West getting the governorship slot. And God sparing our lives, whatever it takes me to give them support, whatever little support, I can give them, I will give them. “During a telephone conversation with Asiwaju Bola Ahmed Tinubu, recently he has endorsed that Ogun West too should govern the state, come 2019. In the same vein, he (Tinubu) eulogised the rare virtue of ex-President Olusegun Obasanjo, who is a father of democracy in Nigeria, and holds him in high esteem for his unalloyed support for the people of Ogun West district to produce the next governor in the state. “Also, Chief Olusegun Obasanjo I spoke with recently, is irrevocably committed to the agitation of the people of Ogun West to assume the mantle of leadership of the state in the 2019 governorship contest. He (Obasanjo) has thrown his weight behind the people of Yewa/Awori to produce the next governor. He too personally extolled the commitment of Asiwaju Bola Ahmed Tinubu in his resolve to ensure that the governorship baton goes to Ogun

West in the 2019 election. So, he reciprocated Tinubu’s kindness too and holds him in high esteem,” said Mustapha. Not left out, Otunba Rotimi Paseda, the gubernatorial candidate of the Unity Party of Nigeria (UPN) in the 2015 general election and also an Ijebu man, noted that if all political leaders in Ogun State agree to cede the governorship seat to the Ogun West district, that he has no objection to it. “If all political bigwigs in Ogun State agreed upon Yewa, it is well,” said Paseda, in a recent interview. However, Dapo Oke further noted that the emergence of governors in Ogun State has not been through the efforts of the people, but through the leadership caucus. “It was the late Chief Obafemi Awolowo, the national leader of the Unity Party of Nigeria (UPN), who determined who became the governor of Ogun State in 1979. He was the founder of the party. Let me again say that the incumbent governor of Ogun State, Sen Ibikunle Amosun, we knew how it happened at Bourdillon. “He was actually the candidate from Bourdillon and that was how he got the seat, because at that time, Tinubu was the de facto national chairman of the Action Congress of Nigeria (ACN). You will see that all the emergence of governors in the state, the leadership is number one factor.” Perhaps, it was for this reason that some political observers are thinking that the 2019 governorship contest in the state might follow similar pattern of anointing from Bourdillion, on the basis of superior leadership caucus, which dictates the pace of where the ticket ought to go and who the cap fits. Unfortunately, that argument has been rated as defective in its entirety by other close watchers. Not only is the superior caucus of the party now reside with Governor Amosun in the state, he is also about the most relevant politician from the South-west on the national scene today. Thus, any attempt to undermine him will CONTINUED ON NEXT PAGE

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

PERSPECTIVE

Who’s Afraid of Ekungba? Chief Jamiu Ekungba, one of the governorship aspirants of the All Progressives Congress in Ondo State, is not one to be dragged into gutter politics, writes Tunde Musibau Akanni

uddenly, the media deemed Chief Jamiu Ekungba as deserving the most robust visibility among all the recent APC contenders for the office of the governor of Ondo State. Ironically and most stunning is the fact that the mischief makers refused to engage with sound issues raised by Ekungba during his campaigns prior to the primary election. The winner of the election, Aketi Akeredolu, had hardly been announced when Ekungba’s character assassins went to town to hack him. He was alleged to have gone bananas hauling unprintable epithets against his fellow citizens. He was particularly alleged to have been peeved by the fact that people collected N300million from him but refused to give him the expected support. In this urban century laden with information of varying grades, everyone has multiple sources of information. My first source of the allegation against Ekungba was an online news platform, an24.net run by a Gboyega Akosile, a former student of mine and well known to me. Though an online platform, I don’t get to see reports from this website regularly. But Gboyega not only published this, he took the extra trouble of promoting it through his personal Facebook page. I actually got the link via Facebook. What? I exclaimed within myself. Ekungba lost this much and volunteered this comment? Not the same Ekungba I have known for more than twenty years, I muttered. Immediately, shame gushed up within me. A flurry of questions followed: Is this how Nigerians play politics? So, Ekungba can suffer this fate from anyone’s hands? Is this a design to terminate Ekungba’s timeously rising profile in politics? I was glued to the computer screen for long, lost in thought. I later registered my feeling thus: Ina lilah. Not long after, Gboyega, the publisher went on to like my comment. Why this like? He probably felt the magnitude of my incomplete remark which means From Allah we came and to Him is our inevitable return. I couldn’t have commented differently given my personal interaction with Ekungba. That was what compelled me to keep an eye on his campaign in the first place. What, in my own estimation stood out Ekungba among his fellow contenders is what the entire Nigerian nation should reckon with – his robust knowledge of the economy as a successful banker of more than four decades. Not known for smooth talking and frivolities, he had announced during his campaign that he would fix the economy of Ondo State in 45 days. Not even Akeredolu ever made any such categorical statement on the grounded economy of the oil producing Ondo State. So, if Ondo never had oil, what would have happened? The reality therefore is that Ekungba that I know, given the same media attention that Emir Sanusi Lamido Sanusi, his contemporary in banking practice has, he is in a position to offer similarly deep solutionist comments on the ailing Nigerian economy. And SLS, knowing him so well, can attest to this.

Ekungba...his visions are still alive

Perhaps, soon, as President Muhammadu Buhari appears to have a renewed interest in attracting as many experts as possible to work on the Nigerian economy. Ekungba, for sure will make anyone’s grade “A” list. And I’m saying this as an academic of integrity my students of more than 15 successive years will attest to. But I also know Ekungba. Indeed my entire knowledge of his person runs acutely contrary to the false colouration of his adversaries. My first opportunity to interact intimately with this fine banker was during the Muslim holy pilgrimage, hajj of 1993, which we performed

Indeed, the authors of the evil machinations against Ekungba picked on a wrong victim. Ekungba is one person who, in spite of being enviably credentialed, is unimaginably humble

together. My meeting with him was at the instance of my urbane boss and most adorable mentor, Alhaji Liad Tella. I was a full time journalist on the Features Desk of Concord Press of Nigeria and Ekungba was already a senior banker with the defunct Trade Bank. Two things registered with me about Ekungba immediately. He could be frank to a fault. Very frank! He won’t contemplate calling a spade another name. Ekungbas contemporaries at Trade Bank would attest to this. Not for nothing that his performance as Chief Inspector of the Bank remained one to beat till the bank ceased to exist. So, when a serious-minded person like that made a categorical statement on what he planned to achieve in office, you want to believe. And for those of us in development practice, when you have a plan of action, a goal but without timeline attached to it, there is a serious vacuum. You then begin to wonder how the fantasising adversaries managed to come up with their attribution to Ekungba? Indeed, the authors of the evil machinations against Ekungba picked on a wrong victim. Ekungba is one person who, in spite of being enviably credentialed, is unimaginably humble. The High Chief of Owo stunned me in Saudi Arabia when it was time for us as pilgrims to commence the process of return. Ekungba suddenly spotted Femi Abbas, arguably Nigeria’s most celebrated newspaper columnist on Islamic affairs. Abbas was making efforts to move his luggage to the airlines scale for weighing. Promptly, Ekungba stopped Alhaji Femi Abbass. Instantly, he lifted Abbas luggage up on to his

head and headed for the scale. Its Ekungba’s nature at all times. Till date, several of his former colleagues keep celebrating the good man’s civility. Even me! Having cultivated some relationship with the distinguished banker during the 1993 hajj in Saudi Arabia, there was a mutual consciousness to sustain it. Not so long after, Law Professor, Taofik Abdurazaq, wanted the public presentation of two books he wrote then done in Lagos. Ekungba drafted me in as a friend. I eventually facilitated the hiring of Ohi Alegbe, former African Concord Editor now General Manager Public Affairs of NNPC as the compere. It was a huge success. I later emerged as a media consultant to the Initial Public Offer (IPO) of Trade Bank for which the defunct Intercontinental Bank served as the Issuing House together with FBN Merchant Bankers. All Ekungba, as one of the supervising officers of the Trade Bank, wanted was good quality. Though he brokered my involvement in this, not for him was any likelihood of under-table dealings. I did not spare anything either to get the best out for the bank. It earned unanimous commendation from the management of the bank. The offer was over-subscribed. Why won’t I believe that High Chief Ekungba’s projection on the economy of Ondo? Since he exited the banking sector, he’s been on the move to higher levels. His tenure at Bi-Courtney began and completed the construction of the edifice at Murtala Muhammed Airport II, otherwise called MMA2. It remains the most outstanding radical modernisation in the nation’s airport system till date. He’s also a successful famer and a grassroots conscious citizen. Though the greater part of Ekungba’s professional practice had been in cozy environments typical of white collar jobs, he musters the inspiring energy routinously to supervise his farms to the point of harvests. This, no doubt, had scared his rivals especially some of them, who naively presume they have the monopoly of grassroots connecting. Ondo voters have since found out some of these characters are sheer pretenders. But Ekungba’s profile through his tertiary education days is laden with selfless service and this is known among his peers and subsequent generations nationwide. Not for nothing was his company, after a competitive screening by the frugal government of Governor Ibrahim Shekarau in Kano State, selected as tax consultants. This is probably one quality that Tranquility Farms, whose board he chairs is a model to many aspiring farmers. It is gratifying that Ekungba has done a rebuttal. As a journalist and a trainer of journalists, it will be more fulfilling in future if more of Nigerian journalists endeavour to undertake thorough fact-checking on all declarative and reactive statements. None for instance ever bothered to avail the public of the details of Ekungba seemingly magical promise of fixing Ondo’s economy in 45 days. -Dr. Akanni is a development consultant and journalism teacher based at the Lagos State University, Nigeria

OGUN WEST AS A CHILD OF NECESSITY certainly backfire, more so that he seems to have the unalloyed backing of Obasanjo, both of whom make up the tact team dictating the pace of political direction in the state. Bourdillon, therefore, is an alien that may have been forced into a retreat because its meddlesomeness is no longer an asset but a huge burden. What more, the recent outcome of the governorship primary in Ondo State is a pointer to the assertion that Amosun is the issue in Ogun State. He is not only very political with a rising profile of an established structure, he is also a performer, on which strength a successor will eventually rise. Adejobi, who was once Ogun West senatorial party chairman of the ACN, had noted in his book that with the consensus agreement reached by the ACN under the leadership of

Aremo Olusegun Osoba, then, and zoning the governorship ticket to Ogun West, preparatory to the 2015 general election, when four governorship aspirants (Tope Kuyebi, Yomi Elegbede-Odunowo, Hunye Abayomi Zemaco and Olaosebikan Olayide) emerged and signified interest in the number one seat in the state, a screening committee made up of party chairmen from the five local governments, two elders from each Local Government, the chairman of elders council, deputy state chairman and the senatorial chairman, Deacon Poju Adeyemi, the chairman, elders council, as the chairman, was raised. “On the 1st and 8th of September 2010, interviews were conducted for all the aspirants at Alhaji Roqeeb Olawale Adeniji’s house at Ota. Adeniji was the State Vice Chairman of

the ACN, then. On the 15th September 2010, a secret ballot election was conducted and Mr. Tope Kuyebi emerged the winner. A letter was forwarded to Chief Olusegun Osoba, concerning our decision to pick a candidate from among our aspirants to represent Ogun West. “The senatorial chairman reported that a meeting was held with Chief Olusegun Osoba at Bourdillon, Ikoyi, Lagos, to resolve the disputes arising from choosing one governorship candidate from Ogun West by the leaders, which he said was in order. That is not to say that any aspirant cannot test his popularity by going to primary when the time comes.” Ogun West as a child of necessity is the goose that lays the golden egg, accounting for well over 70 per cent of the Internally Generated Revenue (IGR), yet it is being fed with crumbs,

while the two other senatorial (Ogun Central and East) districts take the largest portions, when it comes to benefitting from the dividends of democracy like project initiations and execution as well as political appointments among other things. In some towns and villages which fall within the Ogun West district and share common borders, it appears they have been excised or ceded to parts of the territory belonging to the Republic of Benin, on account of deplorable infrastructure. It is therefore believed that the actualisation of the covenant with the 2019 governorship project in the state, in favour of Ogun West will address decades of negligence, anomalies and marginalization, which have been inflicted on the district by successive administrations.

TUESDAY, SEPTEMBER 20, 2016 • T H I S D AY

FEATURES

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

Chad: Ghost of 62 Seized Trucks Ressurects, Lawyer Seeks Buhari's Intervention About 14 years ago, a Nigerian Company, Ralph Enterprises Ltd was fraudulently dispossessed of 62 haulage trucks and deprived of earnings by a rogue Chadian company, Trans – Regionales S.A. in a botched haulage contract, Joseph Ushigiale chronicles the various failed attempts by the businessmen to get justice and a fair deal from authorities that got them into the mess

insisted on their own drivers (Chadians) driving the trucks which our drivers resisted. In the ensuing struggle the Chadians killed two of our drivers. We who accompanied the trucks ran for our dear lives through bushes for days and nights until we found ourselves in Cameroonian territory. As a result of these turn of events, we demanded for the immediate return of our trucks. Instead of getting our trucks back, we got threats to our lives by Chadian authorities. Our 62 trucks, in spite the protests from us were used for the transportation of the said oil pipes with the protection of Chadian government. Our 62 trucks have since remained in possession of the Chadians till this day.”

lhaji Sabo Haruna sat on a wooden bench in front of the Industrial Training Fund's office, Apapa, with a vacant look on his face staring at nothing in particular. He is lost, just as his haulage trucks and those of his business allies, 62 of them all vanished into thin air in Chad 14 years ago. Haruna's flesh is weak but his spirit is willing to continue the fight to redeem what rightly belongs to him "so long as Allah keeps me alive" he told THISDAY one humid afternoon in Apapa. He had just finished his prayers and as an established routine since he lost all he had, he chose to hang around his Muslim brothers hoping to get something that could eke him some means of livelihood. From Grace to Grass... Narrating his 14 years ordeal and how the cruel hand of fate twisted him from a successful businessman with fleet of trailers to a man living at the mercy of good Samaritans and his past goodwill. Today, his family is separated from him and live in Kano while he is squatting in Lagos and hoping that the same fate would somehow smile at him and reverse his fortune. Haruna who neither reads nor writes but possesses an unparalleled recall capacity narrated to THISDAY how sometime in July 2002, the Nigeria Embassy in Chad through Mr. Agballabor, 1st Counselor and Minister of Nigeria Embassy in Chad invited a haulage contractor, Ralph Enterprises Ltd represented by Ralph Oragwu, Sabo Haruna and Mohammed Dili, who is currently a serving Commissioner for Agriculture in Borno

In the ensuing struggle the Chadians killed two of our drivers. We who accompanied the trucks ran for our dear lives through bushes for days and nights until we found ourselves in Cameroonian territory. As a result of these turn of events, we demanded for the immediate return of our trucks. Instead of getting our trucks back, we got threats to our lives by Chadian authorities

President Buhari

State to participate in a business opportunity involving the transportation of oil pipeline materials from Doula Port in Cameroun to newly discovered oil field in Southern Chad. Haruna said they responded positively to the invitation and were received by the said 1st Counselor and Minister of the Nigeria Embassy in Chad, Mr. Agballabor, at ChadCameroon border who introduced them to the representatives of Trans-Regionales S.A. – namely – Nasiru Dien and Panteki and later took them to N’djamena, Chad for a meeting. He said at the said meeting, attended by representatives of the Governments of Chad and Nigeria, they were briefed that “The Chadian Government vide a USD 4 Billion loan from the World Bank was interested in carrying out oil exploration in that country. In order to carry out the said oil exploration, the Chadian Government required the transportation of oil pipes over 1070 km distance from Doula in the Republic of Cameroun to a discovered oil field in Southern Chad. “One of the conditions attached to the loan facility was that five per cent of the facility was to be used by the Chadian Government for the benefit of the local indigenes living along the route of the oil pipelines project in that country and that only Chadian and Cameroonian transporters were to be engaged for the haulage of the pipeline materials. For the Chadian Government to meet the five per cent of the loan benefit to local indigenous people along the route of the oil pipelines project a company Trans-Regionales S.A. with Chadian Government surrogates (including the President’s cousin) as owners was contracted to haul the said pipeline materials. Unfortunately the said company did not own the necessary trucks to transport the said pipes,” he pointed out. A Done Deal …? To resolve this deadlock, Mr. Agballabor and representatives of the Chadian Government reportedly entered an agreement with Ralph Enterprises Ltd to carry out the haulage contract and assured it of the security and protection of its vehicles, drivers, motor boys

and revenue accruable from rental. It didn’t end there, “The representatives of the both Governments assured us to assuage our fears that Trans-Regionales S.A. was owned by then Chief of Army Staff of the Chadian Government and managed by the President’s cousin. After the meeting, we were taken to the oil field and driven along the road linking the Port and the oil field.” With these elaborate assurances and seeming honesty and transparency, a deal was penned. In the contract it was spelt out that, “The price per ton is USD 64 per trip from Ngaoundal – Gadjiblan, USD75 per trip from Ngaoundal to Kome and USD180 per trip from Doula – Kome . The bill will be established on the base of thirty (30) tons irrespective of the tonnage of the vehicle. Trans-Regionales S.A. will pay mobilisation fees to our clients in the sum of N4 million for each receipt of vehicles at the frontiers. The earnings will be shared as follows: Ralph Enterprises Ltd 75 per cent; Trans-Regionales S.A. 25 per cent. Consequently, the said agreement was reduced into a Protocol or writing and executed by the parties in the presence of representatives of the Governments of Nigeria and Chad who signed as witnesses with a commencement date of 28:08:2002." To fulfill its own part of the bargain and to meet the dateline, Haruna said “We immediately returned to Nigeria and swung into action. We rented sixty-two trucks from different transporters from across Nigeria as follows- six (6) trucks from Shagamu; six (6) trucks from Maiduguri; six (6) trucks from Kano; twelve (12) trucks from Onitsha and thirty-six (36) trucks from Lagos. In accordance with the terms of the Protocol, we drove the trucks to Ndja’emina, Chad where we met with Nigerian envoy to that country, a representative of the Chadian Government and that of Trans-Regionales S.A. A Deal Gone Awry… As soon as the 62 trucks arrived Chad, Haruna noted that the Chadian authorities, officials of Chadian Transporters Union and representatives of Trans-Regionales S.A. “violently took possession of the trucks and

Calculating the Losses… Lawyer for the businessmen, Mr. Joe Dappa who later joined the discussion told THISDAY that in the last 14 years that this scenario played out, his clients have, based on the Protocol and by simple arithmetical calculation established their loss of earnings on rental of the said trucks for the shortest distance between Ngaoundal – Gadjiblan for nine years at the rate of USD $64 per ton, per trip on the base of thirty (30) ton per truck for a period between August 2002 when the 62 trucks were supplied to today August 2011 to be in the sum of USD $293,284,800.00; the value of the trucks in the sum of N323, 000,000.00 as at the year 2004 and USD$750,000.00 as compensation for loss of lives of two drivers. He said “the loss of earnings was arrived at by multiplying the sixty-four dollar per ton by the thirty ton base per truck by the sixty-two number of trucks seized by the three hundred and sixty-five days in a year and by the nine years the trucks have been in possession of Chadian authorities less the 25 per cent due to the Chadian authorities as follows-64x30x62x365x9=USD$391,046,400-US D$97,761,600=USD$293,284,800.” Also supporting these claims, the National Association of Road Transport Owners, (NARTO) made several written and oral representations to the Government of Nigeria through Ministries of Foreign and Internal Affairs, Ministry of Transport, the Office of the National Security Adviser, the Nigeria Police and the Presidency for Nigeria to take a frontal role to press for their rights and to ensure that their vehicles are returned to them and loss of earnings based on the agreement and adequate compensation paid to no avail. However after several representatives to successive Foreign Ministers, Ministers of Justice and head of related agencies, NARTO got a break through a representation to former President Olusegun Obasanjo in 2004; the President of Chad was invited by the former President to a meeting wherein the Chadian President agreed with former President Obasanjo to address our clients’ grievances. Dappa noted that “Consequent upon the said meeting, the then Chief of Staff to the then President, Maj-General A. Mohammed (Rtd) CFR, GCON in a letter dated 20/09/2004 with reference number SH/COS/09/1/2345 wrote your Ministry as follows: NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

• T H I S D AY TUESDAY, SEPTEMBER 20, 2016

FEATURES

Lindsay Barrett: An Amazing Story Ben Asante

ime races so fast… Exactly 25 years ago, I got a phone call one night to present myself the following morning, at Dodan Barracks. Someone had drawn the attention of the President then – General Ibrahim Babangida – to the fact that Lindsay Barrett – who arrived here from his native country, Jamaica, in the Diaspora, searching for the Mother Continent – had, as at that time, already clocked 25 years making Nigeria his home. During this period, he had practiced his trade – journalism; become quite well known in the media and within political as well as academic circles. In the arts and culture, he also made contributions. Lindsay even helped out the Federal side during the civil war, working with Chief Ukpabi Asika in the former East Central State. The remarkable thing about Lindsay, especially the vast knowledge he exhibits on many subjects, is the fact that he is self taught. General Babangida, with a keen eye on history, did not disappoint, realising the significance of Lindsay’s two and a half decade-stay in Nigeria at the time and the coincidence of the latter’s 50th birthday. I arrived in Benin City unannounced, bearing gifts from the charismatic soldier statesman for Lindsay, which included a presidential citation. Lindsay’s eyes got filled with tears, reading the letter. I met Lindsay entertaining several people including journalists alongside family members and friends. Later, I left Lindsay to return to Lagos. Before I got to my destination, I was told he had distributed nearly all the gifts to other people. That is typical Lindsay. He loves to be in the company of others, especially professional colleagues and friends. Lindsay relates easily with the low and the mighty. He is free spirited, free-handed and at home wherever he finds himself within Nigeria, often asking questions and always learning. He is likeable, with a distinct gravelly baritone voice that is an asset considering his love for jazz. One can hardly miss him with his signature khaki fatigue, most times casting him in the mould of the legendary Ernest Hemingway – an image that came across when we got involved during the Economic Community of West African States Monitoring Group (ECOMOG) operation that was launched by a West African multilateral armed force established by the Economic Community of West African States (ECOWAS). No one else can talk more accurately about Lindsay except the man himself. One umbilical cord linking Lindsay Barrett and myself is the renowned author, journalist and publisher, Peter Enahoro, fondly known as Peter Pan. Peter and Lindsay had met on a journey in Germany but were unaware that they were both heading to the same destination – DEUTSCHE WELLE RADIO. Lindsay later discovered that Peter was the author of the satirical publication “How to be a Nigerian”. From that moment, their friendship grew in leaps and bounds. I first worked for AFRICA MAGAZINE which Peter previously edited. I wrote under the byline Yaw Asante in my determination to be authentic. However, when I joined Peter at his new magazine in London in 1978, he urged me to drop Yaw and instead use my first name, Ben, saying old schoolmates and friends should not be confused as to my true identity. I first met Lindsay in 1978 at the Kakawa Street, Lagos premises of the storied DAILY TIMES newspaper. He told me he was an avid reader of my writings in the magazine. He asked why I dropped the Yaw name in my by-lines. We hit it off as friends from that initial encounter and since then there was no separating us. Many times, people seeing me alone, would ask after “your brother”, referring to Lindsay. Who can afford not to like an outgoing person like Lindsay, bubbling with so much energy and so knowledgeable about most things? Years back, Lindsay had said that the well-regarded Jamaican statesman Dudley

Lindsay Barrett

Thompson, who once served as his country’s High Commissioner to Nigeria, spoke to his class about political events within Africa and the yearning for independence by leaders like the late Ghanaian legend – Kwame Nkrumah. What the diplomat said of Africa had whetted Lindsay’s appetite and set him off on a path that he has traversed in life. The one thing he never ceases talking about are the Ananse tales from Ghana. Lindsay’s odyssey had taken him from early school and working life in Jamaica, through his travels as well as work in the United Kingdom with the British Broadcasting Corporation (BBC), to his work and stay in Europe. At each point along the long road he traveled, he enriched himself, working with creative and progressive institutions and individuals before he finally arrived in Africa back in 1966. That particular year remains memorable to him because as he embarked on his eventful, lifetime journey came a sudden, unexpected earthquake. One of Africa’s most outstanding nationalist leaders whom Lindsay greatly admired – Osagyefo Kwame Nkrumah – was ousted

Lindsay is an allrounder. He is a poet, novelist, essayist, playwright, journalist and photographer. He is also a broadcaster, particularly in Nigerian radio and television; and has produced and presented critically acclaimed programmes on jazz, the arts and Caribbean-African issues

from power. Very few people make it to the top or achieve much without going through formal university education. Lindsay’s life experience remains an incredible story as he is one of the few who can actually attribute his success to learning in the “streets”, namely the so-called ‘University of Life’. Carlton Lindsay Barrett was born on Monday, September 15th 1941 in Lucea, Jamaica. He later acquired the Urhobo moniker, Eseoghene, in Nigeria. He was born into an agriculture-focused family with his father, great grand-uncle and grandfather being well-known farmers. He attended Clarendon College in Jamaica after graduating from high school in 1959. He worked as an apprentice journalist at the DAILY GLEANER newspaper and for its sister afternoon newspaper, THE STAR. After two short years in early 1961, he transferred to radio and became a news editor for the Jamaica Broadcasting Corporation. It is instructive to note that secondary school education alone followed by two years of apprentice training is all that Lindsay had as foundation. Besides these, he has been a voracious reader and learner, continuously teaching himself and searching for knowledge. In less than one year after being made news editor for the radio station, Lindsay moved to England, where he worked as a freelancer for the British Broadcasting Corporation's World Service in London and for the Transcription Centre. In 1962, Lindsay left England for France. For the next four years, he traveled throughout Europe and North Africa as a journalist and feature writer, based in Paris. From his days with the BBC and moving on to Europe till today, Lindsay has never worked as a salary earner. A colleague, the popular journalist/publisher of Ovation International, Dele Momodu, refers to Lindsay as being perhaps one of the greatest freelancers of great professional repute any day. While working in Europe, Lindsay associated with many notable black poets and artists. In 1966 Lindsay's first book, The State of Black Desire, focusing on the theme of Afrocentric alienation, exile, and black art came out. A year later his first novel, Song for Mumu, written between April 1962 and October 1966 got published in 1967. He has many other books, novels, poems and literary works published including

Lipskybound and the Veils of Vengeance Falling, which is a set book at the University of Port Harcourt. Lindsay’s move to Africa began when he traveled down to Dakar, Senegal, in 1966 for the first World Festival of Black Arts. He had decided in Dakar that there was no going back and his dream of living in Africa started. He took up residence in Nigeria that year, saying that he was encouraged to do so by the accomplished Nigerian poet and playwright, Professor John Pepper Clark-Bekederemo, whom he had met in London in 1961. He had said, "I came to Nigeria directly because I was influenced by the country’s literature”, adding “I came to Africa because I wanted to renew the spirit of ancestral hope”. In Nigeria, Lindsay first served as the Secretary of the Mbari Artists Club which was "a hub of literary and cultural activities" in Ibadan. He was a founding member of the Nigerian Association of Patriotic Writers and Artistes. Interestingly, he has worked as a lecturer and has taught at many educational establishments in West Africa, including Fourah Bay College in Sierra Leone; and at the University of Ibadan here, he lectured on the roots of African and Afro-American literature, at the invitation of several academic luminaries including the revered Nobel Laureate Professor Wole Soyinka. Many people have come to know Lindsay as a journalist but he is much more than that. The Minister of Transportation, Rotimi Amaechi, while he was Governor of Rivers State told Lindsay in Port Harcourt during the International Books Exhibition that he knew the latter more as a literary giant even before reading his articles and commentaries in newspapers. Lindsay has regularly written on music, literature, film as well as other cultural and social issues. He has also written books on non-fiction and biographies. Among his works is the biography, “The Making of a General” on the former Chief of Army Staff and eminent philanthropist, General T. Y. Danjuma. Lindsay is an all-rounder. He is a poet, novelist, essayist, playwright, journalist and photographer. He is also a broadcaster, particularly in Nigerian radio and television; and has produced and presented critically acclaimed programmes on jazz, the arts and Caribbean-African issues. Vintage Lindsay, just as he imbibed so much knowledge about the culture and history of the people living in the north and in the Niger Delta, so also did he deepen his knowledge of Nigeria’s Armed Forces given the long duration of the military rule. From the civil war till this very day, he boasts of knowing many of the contemporary actors - movers and shakers among the political and military elite. One family he was particularly close to is that of the late Inspector General of Police, Muhammadu Dikko (M. D.) Yusuf. Lindsay’s close relationship with the military was of great assistance when we covered the ECOMOG Operations in Liberia and Sierra Leone. Dr. Abbas Bundu, the then ECOWAS Executive Secretary had requested Lindsay and myself to help rally the media as the crisis was deteriorating; with the rebels and the Samuel Doe government teetering on the brink of civil war. By the time we flew into Banjul, the Gambia for the annual summit, Liberia was already making global headlines with large massacres having taken place in Monrovia. Yet, Liberia was conspicuously missing from the summit’s agenda. We immediately brought it to Dr. Bundu’s notice that unless the summit addressed the then burgeoning war in Liberia, any news emerging from the conference would be ignored by the world media. With the decision to send in ECOMOG troops and the killing of two Nigerian journalists, both of whom were known to him, Lindsay – who is never a quitter – decided we go in to report the war. Something more dramatic was to follow. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

IMAGES

Namibian President, Hage Geingob (left); and the Senior Special Adviser to the Nigerian President, on Foreign Affairs and Diaspora, Hon Abike Dabiri-Erewa, at the US /Africa Agenda summit , organized by the Constituency for Africa Affairs, at Georgetown University, Washington DCÖrecently

L-R: Consul-General, South African Consulate in Lagos, Darkey Ephraim Africa; Chairman, Editorial Board, The Guardian, Prof Wale Omole; member, Technical Committee, British American Tobacco Nigeria Foundation (BATNF), Fatai Afolabi; and General Manager, BATNF, Abimbola Okoya; at The Guardian Conference and Masterclass on ìFood security: Exploring Nigeriaís agro-food industry potential and export competitivenessî in LagosÖrecently

L-R:A former Managing Director, Nigerian Railway Corporation (NRC), Chief. Nath Okoro; guest speaker, Chief. Solomon Asemota (SAN); and the Afenifere Leader, Chief Ayo Adebanjo, during the 4th Festival Colloquium, with the “theme; Lagos the Original Southern Lady of Mens” to celebrate the Lagos at 50th,. recently KOLA OLASUPO

L-R: Chairman, African Union for Housing Finance (AUHF), Mr. Oscar Mgaya; Central Bank representative, Dr. Ahmed Abdulahi; Managing Director, Nigeria Mortgage Refinance Company PLC. Mr. Charles Inyangete and Head, Public Private Partnership(PPP), Ministry of Power, Works and Housing, Arc. Eucharia Alozie, during the 32nd annual general meeting of African Union for Housing Finance (AUHF) and Nigeria Mortgage Refinance (NMRC) in Abuja ...recently ENOCK REUBEN

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

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

L-R: Art Curator, Sandra Mbanefo Obiago; artist and Founder, Harmattan Workshop, Prof. Bruce Onobrakpeya; Partner and Head of Africa, Hogan Lovells, Andrew Skipper and the President, Lagos Court of Arbitration, Yemi Candide-Johnson, during the celebration of Onabrakpeya and the Harmattan Workshop Art Exhibition, at Court of Arbitration, in Lagos....recently

President/Chairman, Governing Council of Chartered Institute of Personnel Management of Nigeria (CIPM), Mr. Anthony Arabome (left),and the Head of Civil Service of the Federation, Mrs. Winifred Oyo-Ita, during a courtesy visit by the CIPM Nigeria Management, in Abuja....recently

lndependent Democrats Party’s governorship candidate for Ondo State, Hon. Samuel Oluwatoyin Akogunrin (left), and the National Publicity Secretary of the party, Barrister Chidi Ike, after the partyís primary election in Akure,..recently

L-R: Coordinator, Publish What You Pay Nigeria, Mr. Paul Ogwu; Executive Director, Africa Network for Environment and Economic Justice (ANEEJ), Rev. David Ugolor and National Coordinator, Procurement Observation Advocate Initiatives, Mr. Mohammed Attah, during the roundtable on oil industry reforms... recently .ENOCK REUBEN

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S 29.4167% 20.7904%

A S 3-MONTH 6-MONTH

A T 21.4458% 24.7096%

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

S E P T E M B E R

NITTY 1-MONTH 2-MONTH 3-MONTH

15.8218% 15.8678% 16.2693%

6-MONTH 9-MONTH 12-MONTH

1 6 , 19.3764% 20.5132% 22.4006%

2 0 1 6

EXCHANGE RATE N308.69/1USDOLLAR AS AT LAST FRIDAY

Quick Takes OPEC Mulls Extra Meeting

OPEC members may call an extraordinary meeting to discuss oil prices if they reach consensus at an informal gathering in Algiers this month, OPEC Secretary-General Mohammed Barkindo said during a visit to Algeria, the country’s state news agency APS reported on Sunday. Barkindo said he was optimistic about the meeting in Algeria on Sept. 26-28. He has previously said discussions in Algiers will be consultations and no major decisions will be made during talks with OPEC and non-OPEC producers. “The informal gathering was proposed as a move to having an extraordinary meeting with the aim of taking decisions to stabilise the market,” Barkindo said. Algeria’s Energy Minister Noureddine Bouterfa last week said there was a consensus among OPEC and non-OPEC members about the need to stabilise the oil market, and has been pushing for a price around $50 to $60 a barrel. “Algeria has a proposal for participants in the Algiers meeting. Consultations with our partners show there is a consensus around the need to stabilise the market. That is already a positive,” Bouterfa said. The secretary-general of the Organization of the Petroleum Exporting Countries has said the group is not seeking a definite price range for oil but stability for the market. Russia, Iran and other major oil producers are due to take part in the Algiers meeting.

Ikeja Disco Begins Mass Disconnection

ECONOMY IN THEIR MINDS

L-R: Minister of Budget and National Planning, Senator Udo Udoma; Chief Executive Officer, NEPC , Mr Olusegun Awolowo; and Minister of State for Petroleum, Dr. Ibe Kachikwu at a cabinet retreat on the economy and 2017 budget held at the Banquet Hall, State House, Abuja…recently

How Nigeria Wasted N35 Billion on Petrol Subsidy Chineme Okafor in Abuja A former Group Executive Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Tim Okon has revealed how Nigeria wasted $35 billion over a period of five years to subsidise consumption of petroleum products and refused to release about $3 billion to repair her floundering refineries in Kaduna, Port Harcourt and Warri. Speaking recently at the 6th Emmanuel Egbogah Legacy Lecture Series, which had the theme: “Managing Petroleum Revenue under Volatile Price Dynamics”, at the Emerald

ENERGY Energy Institute, University of Port Harcourt, Rivers State, Okon said between 2010 and 2014 Nigeria earned about $300 billion from crude oil, but spent an estimated $7 billion annually to subsidise fuel importation into the country. Okon, who was in charge of the corporate planning division of the NNPC before his retirement in 2015, explained that at the time the country spent that much on subsidy, the total cost to fix her refineries was $3 billion. He noted that the country rather chose to continue

with the subsidy programme instead of repairing the refineries to boost local refining capacity. “In the period when Nigeria earned close to $300 billion as revenue from oil, from 2010 to 2014, we were spending approximately $7 billion annually on subsidy. Worse than this was that in spite of the huge revenue inflows was the fact that we were also borrowing,” said Okon who now heads the International Institute of Petroleum, Energy Law and Policy (IIPELP). “Of course, spending money on consumables versus having productive capacity is another issue. At one point in time,

the subsidy programme was worth $7 billion a year. This, however, was despite the fact that the total cost of getting our refineries fixed was about $3 billion. Rather the $7 billion was spent in the exhaust fumes of our vehicles,” Okon added. He also stated that the decision of the federal government to stop subsidy was good, adding that the billions of dollars spent in subsidising petrol across the country would have been used to fix all the country’s refineries as well as build the Mambilla Hydro Power Plant, which has a planned electricity Continued on page 24

Crude Oil Shortages Threaten NNPC’s Fuel Supply Ejiofor Alike Despite the claim by the Nigerian National Petroleum Corporation (NNPC) that it has not defaulted in providing crude oil to foreign refineries and oil traders in exchange for petroleum products under its Direct Sales-Direct Purchase (DSDP) scheme, the volume of crude set aside for the scheme has dropped significantly, THISDAY has learnt. Oil marketing and trading companies had raised concern over looming scarcity of fuel following the alleged inability of the NNPC to supply crude to some oil traders and refineries in exchange for refined products, under the DSDP contractual arrangements initiated with some selected traders and foreign refineries

ENERGY some months ago. According to the oil marketers, lack of crude oil due to the attacks on oil facilities in the Niger Delta, has hampered the corporation’s ability to meet its contractual obligations under the DSDP. But the Group Managing Director of NNPC, Dr. Maikanti Baru had dismissed the fear, insisting that the corporation had continued to meet its obligations to marketers and foreign refineries in the area of supply of crude oil under its DSDP contracts with the oil traders. Speaking to THISDAY on the issue of alleged non-supply of crude to the traders, Baru had said that “at the moment, we

have been giving them and I have also done a tender as a backup in case I have any issue.” “So, there is no cause for alarm,” he added. But THISDAY’s investigation has revealed that the number of crude oil vessels set aside monthly by the NNPC for the DSDP scheme had dropped to about three cargoes, compared to over 10 vessels that were initially made available at the beginning of the scheme. A source at the Pipeline and Products Marketing Company (PPMC), a subsidiary of the NNPC confirmed to THISDAY at the weekend that the militant attacks on oil facilities in the Niger Delta had curbed the volume of crude available for DSDP. According to him, the

number of crude oil vessels allocated to the oil traders and foreign refineries in exchange for petrol has dropped from over 10 to about three as a result of shortage of crude. “The activities of the militants have led to significant drop in crude oil production. The drop in production has reduced the volume of crude available for sale and the crude we swap for petroleum products under the direct sales-direct purchase arrangement. Usually, more than 10 vessels are allocated for swap monthly but this has dropped to three lately. We hope that with the ceasefire in place, things will improve before the situation creates scarcity,” the source said on condition of anonymity. Continued on page 22

Ikeja Electric Plc (IE) has called on customers within her network to settle outstanding bills as it embarks on a network-wide exercise to disconnect delinquent customers who are indebted to the company. Speaking on the development, IE’s Head of Corporate Communications, Felix Ofulue, urged customers to take advantage of the various payment platforms available to settle their bills. “Ikeja Electric has invested in multiple robust platforms that will make bill settlement easier and more convenient. As we deploy more resources to improve the stability of power supply across our network, we will also appreciate a situation where customers promptly pay for energy they consume. It is this healthy partnership that guarantees sustenance and development in the power sector,” Ofulue said. Ofulue reminded customers of the debt discount exercise, which provides discount options to enable customers pay off their outstanding bills. He, however, cautioned against making payments to illegal and unauthorised agents who claim to be acting on behalf of Ikeja Electric, noting that many unsuspecting members of the public had been defrauded under this circumstances. According to him, all bonafide IE staff can be identified by their identity cards and customers should also ensure that they obtain receipts as proof of payment.

Petrobras Workers Reject Wage Offer

Brazil’s largest oil workers union strongly rejected on Friday a proposal from Petrobras for a deal over salaries and benefits in their annual talks, increasing the risk of a new strike at the state-led oil company. Leaders of the Federação Única dos Petroleiros (FUP) union said the terms broke agreements made in November to end a 20-day strike that was the company’s longest in 20 years. According to Brazilian labor laws, workers have the right to renegotiate pay and benefits every year on specific dates. Workers usually try to convince companies to increase salaries to levels at least close to the inflation accumulated in the previous 12 months, to compensate for lost purchasing power. Brazilian inflation reached 8.98 percent in August. But Brazilian companies have offered almost no raises this year as the country suffered its worst recession in generations.

There is no plan by the new management to change the name of the company, neither has the government ordered us to do so. Managing Director/CEO, NDPHC, Mr. Chiedu Ugbo

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

BUSINESSWORLD HOW NIGERIA WASTED $35BN ON SUBSIDY, REFUSED TO ALLOCATE $3BN TO REPAIR REFINERIES

generation capacity of about 3,000 megawatts (MW). Okon said the subsidy programme was originally designed to benefit the poor citizens of the country but it eventually became an opportunity for a few rich persons to massively amass wealth. He also frowned at the scale of borrowing the federal government plans to do, stressing that Nigeria may be heading to living more on public debts if unchecked. “If we continue to borrow, we will be returning to the point where we may seek debt forgiveness. This is why we are concerned about this development,” Okon said. “Our failure to create enough buffers has resulted in the situation that we have found ourselves. The second approach for most countries who are oil producers is that when the prices are high, you have to save and that is the purpose of the Sovereign Wealth Fund. Nigeria’s SWF, the last time I checked was about $1.2 billion, while that of Saudi Arabia, when I last checked it up, had come down from $783 billion to about $600 billion,” he said.

CRUDE OIL SHORTAGES THREATEN NNPC’S FUEL SUPPLY

Both the spokesman of NNPC, Mr. Garuba Deen Muhammad and the Managing Director of the newly- created Nigerian Products Marketing Company (NPMC) Limited, carved out of PPMC, Mr. Farouk Ahmed, did not respond to text messages seeking clarifications on the status of the DSDP scheme. Following the controversy, which trailed the NNPC’s Offshore Processing Arrangement (OPA, the corporation had adopted the DSDP framework under which it provides crude to selected traders and refineries in return for petroleum products in full and extra margins, unlike the OPA.

Wood Mackenzie: Trade in Thermal Coal to Shrink by 40% Ejiofor Alike As Nigeria explores coal as an alternative source of power generation, a new report by Wood Mackenzie has predicted that trade in coal for power generation will drop, from an estimated 900 million tonnes for 2016 to 527 million tonnes by 2035, representing 40 per cent reduction. According to Wood Mackenzie, many unintended consequences for energy supply security, power generation costs and fuel prices may emerge that have not yet been evaluated nor integrated in corporate strategies and governmental plans. The report, however, hinged this prediction on a rise in world’s temperature by only 2 degrees Celsius. The report believes the reduction in trade in thermal coal will also likely lead to unintended consequences for prices if market consolidation occurs. The Research Director of Global Coal Markets for Wood Mackenzie, Prakash Sharm confirmed the anticipated shrink in coal trade by 40 per cent by 2035. “Putting things into context for thermal coal trade, Wood Mackenzie’s proprietary modelling suggests seaborne import demand to shrink by 40 per cent by 2035. Asia, Europe and the Americas will import 433, 80 and 15 million tonnes, respectively, in 2035 from 673, 170 and 39 million, respectively, estimated for 2016,” Sharma said. Sharma acknowledged that although the impact on prices is hard to predict in a carbonconstrained world, he added that they will undoubtedly be lower. “Wood Mackenzie’s modelling suggests a sub $50 per tonne FOB Newcastle (real terms) benchmark pricing

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Senior Correspondent

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

post-2020. However, the market may well consolidate which could result in producers having more power over prices. Other factors such as a global price on carbon and greater demand for premium thermal coal could sharply increase supply costs which could also lead to higher prices,” Sharma said. In its analysis of the International Energy Agency (IEA) ‘s 450 Scenario, Wood Mackenzie noted that two- degree Celsius limit on temperature rise would mean a sharp reduction in the share of coal-fired generation

from 41 per cent in 2013 to 16 per cent by 2035. It however pointed out that Australia would be impacted less than most of its competitors due to higher quality of its coal – but would still see exports decline by 35 PER CENT by 2035 from current levels. Prices would likely fall significantly and stay below real $50 per tonne long-term, and the industry could undergo a massive consolidation The IEA 450 Scenario for 2035 is based on massive improvements in energy

efficiency and an increased share of nuclear, renewables and gas in supplying power. The IEA 450 Scenario assumes that carbon capture and storage will become commercial post-2020 and will potentially support 980 million tonnes thermal coal consumption in 2035. Without this technology breakthrough, the Scenario would appear more severe on thermal coal demand. “Our analysis suggests demand for high-energy bituminous coals will be more resilient compared with low

energy lignite-type coals. As a result, we expect Australian exports to fall more slowly than the rest. Australian exports will decline from 210 million tonnes in 2016 to 135 by 2035. In comparison, Indonesian exports will decline from 340 million tonnes in 2016 to 193 by 2035. Colombia, Russia and South Africa combined will export less than Australia in 2035,” Sharma explained. Sharma further pointed out that thermal coal trade in a 2 degrees Celsius world looks very challenging.

BOOSTING GAS-TO-POWER

L-R:Secretary General ,Nigeria Gas Association (NGA), Mr Adebola Martins; President, NGA, Mr. Bolaji Osunsanya; Group Executive Director /Chief Operating Officer, Gas and Power Directorate ,Nigerian National Petroleum Corporation (NNPC),Mr Saidu Mohammed, and Group Managing Director, NNPC, Dr.Maikati Baru, during a courtesy call by the NGA Executives to Baru in Abuja...recently

NDPHC Resolves Issues Encumbering US Meeting on Ocean Conservation Nets $5.3bn in Supply of 2,500MW Pledges Chineme Okafor in Abuja

Chika Amanze-Nwachuku

NEWS

The Niger Delta Power Holding Company Limited (NDPHC) has said that it is on the verge of resolving all existing issues affecting the supply of over 2,500 megawatts (MW) of electricity generated from its power stations in the eastern and southern regions of the country to the national grid. It said that its Managing Director, Mr. Chiedu Ugbo, last week led its management team to Ikot Ekpene in Akwa Ibom State, and Enugu where they met with the Governor of Enugu State, Ifeanyi Ugwuanyi to solicit his support in resolving issues relating to the transmission of power. A statement from the General Manager Communication and Public Relations of NDPHC, Mr. Yakubu Lawal in Abuja stated that these issues affect the wheeling of power through the transmission network. It stated that over

2500MW of electricity from generating plants from the regions were hindered from getting to national grid by these issues, but that they will be resolved soon. The statement also quoted Ugbo to have stated the determination of the NDPHC to complete all on-going projects it is undertaking. He thus debunked claims that the company’s projects have been suspended on the grounds that the government plans to change its name. “I want to state categorically that all our projects are ongoing. There is no plan by the new management to change the name of the company neither has the government ordered us to do so,” Ugbo was quoted to have said in the statement. According to him, the new management is determined to complete all on-going projects and has been working with contractors and stakeholders

to ensure that projects are delivered as soon as possible. “As recent as Wednesday September 14, we had a full day meeting with the Oronta community of Abia State to resolve the lingering Right of Way (RoW) dispute which had hindered the completion of our 330kV transmission line passing through that community,” Ugbo said. He further explained that the dispute has been resolved with the parties involved signing on to the terms of settlement. “All other projects are going on unhindered and where there is an issue, I personally will go there to resolve the issue,” he added in the statement. The statement noted that Ugbo has consistently assured stakeholders of the determination of the new management to deliver all on-going projects, adding that he had also visited the Gbarain power station in Bayelsa State to resolve the gas issues affecting its productivity.

International participants at a high-level conference on the world’s oceans pledged more than $5.3 billion for conservation and designated vast areas as protected waters, U.S. Secretary of State John Kerry said at the weekend. More than 90 countries took part in the two-day conference, the third of its kind, in an effort to galvanize attention to the dangers that pollution, climate change and over-fishing may pose to the world’s oceans. “This ocean conference, in order to protect marine eco-systems, to prevent pollution, to address the crippling impacts of climate change, has committed over $5.3 billion of money and initiatives in order to achieve those goals,” Kerry said at the meeting’s closing session. Earlier, U.S. State Department spokesman John Kirby said that more than 1.3 million square miles (3.4 million square km) gained protected designation.

The United States and more than 20 countries joined on Thursday at the conference to create 40 marine sanctuaries around the world to protect the oceans from the threat of climate change and pollution. They limit commercial fishing, oil exploration and other activities that affect ocean ecosystems. President Barack Obama also designated the first U.S. marine reserve in the Atlantic Ocean: 4,913 square miles (12,724 square km) known for underwater mountains and canyons off the coast of New England. The announcement was part of more than 136 new initiatives unveiled during the event by countries such as Britain, Canada, Cambodia, Colombia, Costa Rica, Ecuador, France, Kuwait, Lebanon, Malaysia, Malta, Morocco, Norway, Palau, Panama, Seychelles, Sri Lanka and Thailand, as well as private charities and foundations.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

BUSINESSWORLD

ENERGY

Recovering Nigeria’s Lost Crude Oil Production With Nigeria’s crude oil output at all-time low of 1.468 million barrels per day, according to OPEC’s latest oil market report, Ejiofor Alike suggests that oil companies should utilise the current ceasefire declared by the main militant group in the Niger Delta as a window of opportunity to repair the damaged oil and gas facilities to ramp up production Since February when the main militant group in the Niger Delta, the Niger Delta Avengers (NDA) launched its attacks on oil and gas installations, Nigeria’s oil production has been on a free fall. From the pre-militancy peak of about 2.2 million barrels per day, the country’s crude output has nose-dived to an all-time low of 1.468 million barrels per day, according to the September Oil Market Report (OMR) released by the Organisation of Petroleum Exporting Countries (OPEC). Though OPEC’s estimates did not include condensates, as it is outside the cartel’s quota, the abysmally low production is a serious blow to Nigeria’s revenues. With the damage done of oil and gas infrastructure, Nigeria, Africa’s top producer of crude oil, had in March lost this influential position to Angola when the country’s production dropped to 1.677 million barrels per day, compared to Angola’s 1.782 million bpd. The latest OPEC’s OMR showed that Nigeria’s oil output fell to 1.468 million bpd in August from 1.52 million bpd in July. In July, the country recorded the biggest increase in output since the Avengers launched the onslaught against the oil and gas-producing facilities. However, the improvement in production was not enough for the country to regain her influential status in the regional energy dynamics. “Crude oil output increased mainly from Saudi Arabia and Iran, while Nigeria and Libya showed the largest drop,” OPEC said in the report. The attacks on oil facilities had curbed over 700,000 barrels per day production following the declaration of force majeure by the international oil companies (IOCs) on exports of major blends of crude oil. The Minister of State for Petroleum, Dr. Ibe Kachikwu had revealed that Nigeria requires production of additional 1 million barrels per day to meet her 2.3 million barrels per day target for 2016. Some of the grades that were significantly impacted by the attacks include: Nigerian Agip Oil Company’s Brass River, Shell’s Forcados and Bonny Light crudes and ExxonMobil’s Qua Iboe grade, which is Nigeria’s largest blend of crude. Chevron’s onshore operation in the western Niger Delta was nearly grounded to a halt by the attacks. The destructive attacks by the militants curbed 70 per cent of production from the traditional onshore and shallow water terrains. The militants not only damaged the oil and gas production facilities but also warned oil companies and their contractors against embarking on repairs. The country’s dwindling crude oil production has impacted heavily on the 2016 budget worth N6.06 trillion, which is predicated on daily production of 2.2 million barrels per day at a price of $38 per barrel. While the price is feasible in view of the plummeting oil price in the international market, the attacks on the oil and gas facilities in the Niger Delta have made the daily production target upon which the budget was based unrealistic. Ceasefire as a window of opportunity The recent declaration of ceasefire by the Niger Delta Avengers (NDA) which has claimed responsibility for the wave of attacks on oil and gas pipelines in the Niger Delta region should provide a window of opportunity for the oil companies to repair the damaged facilities and ramp up production to the pre-militancy level. Spokesman of the group, Brigadier Gen Mudoch Agbinibo had stated that the decision to end hostilities came after a Niger Delta stakeholders’ conference to engage the federal government on issues affecting the region. The conference held in Warri, Delta State, was jointly convened by elder statesman, Chief Edwin Clark and Governor Ifeanyi Okowa of Delta State. “We are going to continue the observation of our unannounced cessation of hostilities in the Niger Delta against all interests of the multinational oil corporations, but we will

Floating Production Storage Offloading (FPSO) vessel continuously adopt our asymmetric warfare during this period if the Nigerian government and the ruling APC continues to use security agencies/agents, formations and politicians to arrest, intimidate, invade and harass innocent citizens, suspected NDA members and invade especially Ijaw communities,” the group had said in the statement. The Movement for the Emancipation of the Niger Delta (MEND) had earlier advised the NDA to end hostilities and embrace dialogue. Following NDA’s declaration of ceasefire, more militant groups had also announced ceasefire, based on a condition that security agencies should stop harassment and intimidation of their suspected members. For instance, following the Pan Niger Delta Coastal States Consultative Meeting convened by Clark, the Reformed Egbesu Fraternities comprising Egbesu Boys of the Niger Delta, Egbesu Red Water Lions and Egbesu Mightier Fraternity had also declared a 60-day ceasefire. The Spokesmen of the Reformed Egbesu Fraternities, General Tony Alagbakeriowei and Commander Ebi Abakoromor, however, warned

If oil companies had produced crude oil elsewhere in the world during a period of war, the current low oil price and Nigeria’s harsh operating environment are not incentives that will encourage oil production in a war environment

against any form of intimidation by soldiers. “However, under this 60-day period, we call on all relevant security agencies to stop forthwith all military harassment and intimidation of suspected members of these and other organisations. We caution against the preconceived notion of the service chiefs of the armed forces who had persistently stated recourse to military option if dialogue fails. This, to the best of our knowledge, is an act of intimidation and a ploy to truncate the negotiation process if at all there is sincerity and commitment on the part of the Federal Government,” the group had said. Though another group, Niger Delta Greenland and Justice Mandate, has not embraced dialogue, the olive branch by the other groups has returned relative stability in the region. This period of truce has provided ample opportunity for the companies, which have been previously threatened by the militants, to repair their assets and recover lost production. For instance, before it declared the ceasefire, NDA had warned ExxonMobil against repairs of Qua Iboe export line, threatening to target the company’s workers and contractors, instead of facilities. ExxonMobil had declared the force majeure on Qua Iboe exports after it observed a leak caused by what it described as a “system anomaly” during a routine check of its loading facility on July 14, this year. The cause of the leak was not clear, but the force majeure came just days after the NDA, claimed to have bombed the company’s 48-inch Qua Iboe crude oil export pipeline on July 11. But 24 hours after the claim by the militants, the company’s spokesperson, Todd Spitler, debunked the claim, saying “there was no attack on our facilities.” But the Avengers had insisted that it carried out the attack and warned that if the company moved forward with repairs “something big…will happen,” and threatened to attack the company’s workers, instead of blowing up its facilities. Shell-operated Forcados crude oil exports were also halted since the Avengers attacked its subsea pipeline in February. After the initial repairs of the facility, which is owned by the Nigerian Petroleum Development Company (NPDC), a subsidiary of the Nigerian National Petroleum Corporation (NNPC), the Avengers carried out a fresh attack, which put the pipeline offline. But with the current ceasefire by the various militant groups, ExxonMobil, Shell and other IOCs affected by the attacks, should quickly repair their assets and boost production.

Threats to ceasefire The ceasefire declared by the militants is an opportunity to repair damaged assets and should not be threatened by any of the parties to the crisis. Recent developments in the region might jeopardize the peace efforts if not properly handled. For instance, the recent death of Chief Thomas Ekpemupolo, the father of a former militant leader, Chief Government Ekpemupolo, better known as Tompolo, has the potentials to derail the peace efforts. The octogenarian was reportedly injured in May, while running away from the invading army and his leg had to be amputated two months later, according to Tompolo’s account of the incident. Tompolo’s brother, Frank Ekpemupolo was quoted as saying that the government caused the death of his father. Villagers and sympathizers have also accused Nigerian soldiers of harassing the people of the Niger Delta. Reuters quoted a spokesman for defunct militant group the Niger Delta Liberation Force (NDLF), Captain Mark Anthony, as saying that “government’s muteness” since the Avengers announced a ceasefire was creating “a security concern for everybody”. “They have only stopped bombing temporarily. It doesn’t mean they are tired of bombing,” he said. The heavy deployment of troops to the Niger Delta has also created tension and threatened the peace in the region. Also the statement made by President Muhammadu Buhari that militants would be treated like Boko Haram members had also been condemned by the people of the region and heightened tension in the waterways. All these avoidable developments pose a threat to the peace efforts and should be addressed to create enabling environment for exploration and production (E &P) activities. The federal government should not mull military option as oil workers will flee the region in the event of open hostilities. Military option will reduce the country’s oil production to zero as threatened by the Avengers. If oil companies had produced crude oil elsewhere in other parts of the world during a period of war, the current low oil price and Nigeria’s harsh operating environment are not incentives that will encourage oil production in a war environment. The federal government and other stakeholders should not toy with the peace efforts so as to resuscitate the economy, which is in recession.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

BUSINESSWORLD

ENERGY

Bulk Trader Receives LCs for Bonds from 10 Solar Power Investors Chineme Okafor in Abuja The Nigerian Bulk Electricity Trading Plc (NBET), better known as the Bulk Trader, has received Letters of Credit (LCs) for security bonds from 10 out of the 14 frontrunner solar power developers that signed power purchase agreements (PPAs) with the agency. The provision of the LCs by the investors was a strong indication of their intention to quickly achieve financial close for the projects. NBET, however, did not disclose the developers who made the commitment but stated that each of them paid $20,000 (N6.08 million) for every megawatts (MW) of their generation capacities. The implication is that if a promoter like the Nigeria Solar Capital Partners, which plans to build a 135MW plant in Gajuwa area of Bauchi was part of the 10 that posted the bonds, it may have posted a security bond worth $2.7 million for its plant which it said would cost $200 million to be built. According to NBET, the

security bonds will be refunded to the investors when they meet the target date for achieving a financial close on their projects and begin construction. “The Nigerian Bulk Electricity Trading Plc (NBET) is pleased to announce that 10 of the 11 Independent Power Producers (IPP) that executed the front-runner solar power purchase agreements (PPAs) on July 21, 2016 successfully posted their development securities to NBET on the due date of September 9th, 2016,” NBET said. NBET further highlighted the significance of the development, saying: “a key requirement of the contract is for each developer to post a $20,000 per MW development security Letter of Credit which provides security for the IPPs obligation to achieve the financial closing date by the target closing date (the date which is six months after the execution of the PPA) or the long stop closing date (the date beyond which the target closing date may not be extended) as set in the Schedule 1 of the PPA”. “The development security

Ibadan Disco Launches New Billing System Ejiofor Alike As part of the new measures to meet the expectations of its customers, the Ibadan Electricity Distribution Company (IBEDC) has launched a new billing system across the franchise. According to a statement by the company at the weekend, the new robust and scalable billing system, aptly tagged ‘EMS -Electricity Management System’, provides an online real time payment platform that enables customers to make payments of their electricity bills at any IBEDC designated payment center and service hub across the IBEDC franchise coverage area. The statement added that apart from offering a one-stop billing platform with robust content, the upgraded bill form contains comprehensive customer information, detailed energy bill breakdown and summary, and the energy consumption trend analysis. The bill also contains the relevant contacts of the Nigerian Electricity Regulatory Commission (NERC) for easy access to any aggrieved customers. “Customer bills will now be made available via sms and email, ensuring that billing information is made available in a convenient and secure manner,” said the statement. Speaking on the new billing statement, the Managing Director and Chief Executive Officer of IBEDC, Mr. John Donnachie explained the reason for this business strategy. “IBEDC is positioning itself to provide quality service at every customer touch point beginning with a billing methodology that will put an end to the age long controversial billing that is not only largely unacceptable and unreliable, but is also one of the inherited albatrosses of the past. We want to make our valued customers

pay for the exact quantum of energy they consume,” Donnachie said. He further stated that IBEDC within a short while would launch a comprehensive online (web/telephone) based vending solution that offers qualitatively services to its prepaid customers, while enabling them to vend energy from any part of Nigeria. Also commenting on the new strategy, IBEDC’s Chief Commercial Officer, Mr. Deolu Ijose posited that gradually the deluge of customer complaints will be significantly reduced as IBEDC embarks on a transformational journey to positively change the lives of its customers through the provision of customer friendly and value added services. The new EMS billing system, which has kicked off within the Ibadan metropolis, is expected to be extended beyond the Ibadan metropolis. The entire IBEDC franchise will be comprehensively serviced by the new billing system on or before the end of this year. The company also urged its customers not be alarmed when the new types of bills are being distributed in their respective neighborhoods and communities “Furthermore, the IBEDC management uses this medium to appeal to our valued customers to pay their bills as and when due, in consideration of the recent power supply improvements. We hereby solicit your cooperation in ensuring that the EMS Billing system implementation is a resounding success and a milestone achievement on IBEDC’s journey to guarantee accurate energy billing, prompt bill payment, excellent customer service delivery and regulatory compliance,” the statement added.

will be refunded to the IPP when the closing date is met after which the IPP will begin construction of the plant,” NBET added. Commenting on the other investors who are yet to post their security bonds, NBET noted that “it is important to note that the ad-

ditional three IPPs that executed their PPA are expected to post their development security on their due date of September 28, 2016 and October 02, 2016”. “The posting of development security by 10 out of the 11 IPPs that were due is a testament to investor confidence

in the Nigerian power sector and continued interest in the development of the same,” it added. NBET had recently approved an entry price of 11.5 cents per kilowatts hours (kWh) for the 14 pioneer solar power stations. Collectively, the plants will

generate 1,125MW of electricity which will be distributed to the grid through a stepped down transmission network, enabling them to minimise levels of transmission losses. They will be built in 11 states of the federation, but mostly up north.

HEALTH IS WEALTH

L-R: Medical Director, Ark Medical Centre; Dr. Adeyemi Bero; Convener, Arise Women, Pastor Siju Iluyomade; Consultant Gyanecolgoist, Nigeria Fertility Centre, Dr. Ifeoluwa Oyetunji; Mr. Ejike Izejiobi of Access Bank Plc, and Medical Director, Healing Stripes Hospital, Dr. Onyemere Ezinne, during the Arise Women medical fair, in Lagos…. recently ETOP UKUTT

Asia Oil, Gas Layoffs Mount as Industry Recovery Stays Elusive Staff layoffs continue to rise for most Asian companies – including shipyards in Singapore, Malaysia and South Korea – operating in the sector, in line with falling revenues caused by a dearth of fresh contracts due to cutbacks in capital spending. In Asia, job losses are particularly glaring in the region’s offshore sector as major shipyards accounted for a large part of the world’s construction of newbuild rigs, floating

production systems, offshore structures and offshore support vessels (OSV). With many international oil and gas firms as well as national oil companies trimming capital expenditures for two consecutive years, thousands of workers employed by major Asian shipyards have been made redundant. “2015 saw roles in upstream [sector] disappeared or gone quiet. There was a lack of

investments and a reduction in drilling regionally and globally,” Mike Wilkshire, Hays’ plc Singapore-based Business Director for Construction & Property, Oil & Gas and Life Sciences told Rigzone. “While operational rigs continued [with their contracts], drilling contracts on completion are not renewed or renewed for short term only or mothballed,” he added. In Singapore, the drying up

of offshore, particularly rig, construction orders has led to layoffs at Keppel Offshore & Marine Ltd. (Keppel O&M) and Sembcorp Marine Ltd., the world’s most prominent builders of jackups. “Since 2015, we have been taking active steps to manage costs and right-size our operations,” Keppel Corp. Ltd. CEO Loh Chin Hua said July 21 when releasing the firm’s second quarter financial results.

EU Court Annuls Dumping Duties on Argentina, Indonesia Biodiesel A European Union court delivered a series of rulings on Thursday to annul antidumping duties imposed on exporters of biodiesel from Indonesia and Argentina. The EU in November 2013 set duties of 8.8 percent to 20.5 percent for Indonesian producers and between 22 percent and 25.7 percent for Argentine producers, in both cases to apply for five years. The EU argued that by imposing an export duty on the raw product, soybeans in the case of Argentina and palm oil for Indonesia, they gave an advantage to domestic producers, which allowed them then to “dump” product at unfairly low prices. Argentina and Indonesia, major exporters of biodiesel, have called the EU measures protectionist. The cases have brought legal challenges, with the General Court of the European Union, the lower of the two EU courts, issuing its ruling on Thursday. It said the prices of the raw materials - palm oil or soybeans - were not regulated and that the EU had failed to establish that there was appreciable

distortion of the prices as a result of the differential export tax system. The judgments will not take effect until Nov. 26, the deadline for a possible appeal. If an appeal is then filed, biodiesel exports from the two countries would also still be subject to duties until the entire legal case is concluded. The European Commission is studying the implications of the case and the possible merits of an appeal, a source in the EU’s executive arm said. The exporters include the Argentine arms of Cargill , Bunge as well as Molinos Rio de la Plata and Indonesia’s Ciliandra Perkasa. Argentina and Indonesia have brought complaints before the World Trade Organization, with Argentina securing rulings in favour of several of its claims. Some trade lawyers say the ruling could have far wider implications and determine future EU trade relations with China. The European Union, in trying not to treat China as a special case, has said it could

use international benchmark prices to work out the costs of producers, for example of steel,

to assess whether manufacturers there are dumping product or benefiting from unfair subsidies.

ABB Board Discusses Future of Power Grids Business ABB’s board will discuss the future of its Power Grids division this week as investors ramp up pressure on the Swedish-Swiss technology group to spin off the $11.6 billion business. The board will meet at an undisclosed location in Switzerland on Tuesday, said two sources close to the matter. The main theme will be preparation for ABB’s Capital Markets Day on Oct. 4, where the company is due to give an update on the future of the Power Grids division that was put under review last year. “The management favours keeping the structure in broad terms, so this means that a sale of the power grids business appears unlikely,” one of the sources said. It is unclear when ABB will make a decision on what it will do with the business.

Activist investor Cevian has already called for ABB to spin off the Power Grids business, which makes components for offshore wind farms and high-voltage cables and has previously been a drag on the overall performance of ABB. Another big shareholder, Artisan Partners, has echoed that call, while Nordea -- also one of ABB’s 10 largest investors -- said the company must come up with convincing reasons to keep the business. Analysts have said that ABB appears to favour keeping the business and have pointed out its recent improvement in profitability, saying that spinning it off would be unlikely to create value. “As we have said all along, we will give a complete update about our strategic review on Oct. 4 “ ABB spokesman Saswato Das said.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

BUSINESSWORLD

INDUSTRY

Boosting the Economy through Agriculture As President Muhammadu Buhari-led administration struggles to address the myriads of challenges facing the nation economy, agriculture has now become the focal point to address the situation. Sunday Okobi and Ugo Aliogo report In the 21st century, food security is a serious concern for many economies in the developing world. Despite the abundant of arable lands, food production is still at a subsistence level. Africa’s heavy reliance on imported foods is increasing by the day. In developed societies, agriculture plays a critical role in the economic sustainability of the people, and contributes largely to the Gross Domestic Product (GDP). Africa governments have not set in place conscious policies to realise the agricultural potentials of the continent, so it seems! Also, the increasing cases of corruption facing the continent don’t provide the room for some of these policies to be fully actualised in the expected manner. In Nigeria, several policies have been setup by past and succeeding government to develop an agro-based economy tailored towards diversification. But these policies have been truncated at their incubation stages. As the country grapples with the falling oil price, stakeholders have called on government to diversify fully into agriculture in order to tap into the full potential of the sector. At a recent agro-allied forum organised by VICAMPRO in Lagos, stakeholders in the sector deliberated on the need for a strong agro-based economy with potential for diversifications and self-sufficiency in food production. They all agreed that if Nigeria aspires to meet global standards in agro-food production, there is the need to improve the farming practice/system in order to boost yields through the Agriculture Practice Certification Gap (APCG). The plan, according to these experts, is a template which spans from land preparation to post harvest handling because crop production must be carried out to meet acceptable standards internationally. They explained that it entails a lot of factors such as the use of water that meets global sanitation standards and irrigation, cultivation in an environment devoid of open defecation, application of fertilizers and chemicals at required quantities, provision of quality seedlings, agricultural extension programme, prevent residual chemicals that pose threat to healthy harvest as well as effective food storage system. Speaking at the forum, the Kaduna State Commissioner for Agriculture, Manzo Maigari, declared that it is important to open access to market, locally and internationally, noting that APCG involves gathering together, training, providing good sanitary facilities and security for farmers, consequently improving food production. “If they are large number of famers, the same thing applies; everyone has to go through the same process. We have just received approval to setup the first national gap certification office in Kaduna State, and this will lead the gap certification and drive,” he noted. Maigari stated that the issue of farmers and cattle rearers clash is simply a breakdown of law and order, adding that nomadic system is no longer sustainable, but the most sustainable way in addressing such challenges is encouragement and capacity building of the herdsmen. “They should be introduced to animals with high biological potentials to produce more milk and meat. They need to understand that it is not the number of animals but the productivity. “If you have a hundred cows that give 1.5 litres of milk each every day that translates to 150 liters per day. But you could keep a cow that gives 30 litres of milk per day. This happens all over the world. If you increase productivity by 8.5 litres in cow that produces litres of milk daily, it simply means that if you have 10 cows you will be producing more than the man who has 100 cows with low productivity. What this implies is that management of cattle should be paramount,” Maigari noted. The commissioner further stated that in an attempt to boost livestock in the state, the state government has brought varieties of nutritious grass from Brazil and grow them, stressing that they have done the pilot scheme and it is very successful, and “so within six weeks that we have done trials, milk output has increased from 3.5 liters per day.

Poultry farming Maigari expressed confidence that these agricultural practices are workable, adding that if the practice is stretched to six months, they are also considering embarking on artificial insemination-to bring the semen of improved cows to inseminate local cows to come up with high breed-and this will produce more milk, “the beautiful thing is that we will achieve three things from there.” He added: “We have already re-introduced the pilot’s scheme of community and family pasture lots where you grow your grass in your backyard and cut it. Then during the rainy season, you harvest it for your cows. Going further on how government can use agriculture as its mainstay of the economy, consequently increase food production to match its growing population, he noted that it does not necessarily need to invest in agriculture; it should encourage its citizens to view agriculture as a business venture while the government becomes the enabler providing all the necessary support to succeed. Maigari reasoned that agriculture in Nigeria remains at subsistence level because it is viewed differently. He posited that: “Government needs to create an enabling environment in the agriculture sector for people to invest in, also standardise farm practice even for local farmers. Why will someone need collateral for agriculture loans, if there is insurance provided by the government? “Our inability to quantify risks has made it impossible to insure investment in agriculture. The banks are just there to make profit; they will not give money that they are not certain of getting back. Let government focuses on creating an enabling environment through policy and infrastructure, then you see investments follow into agriculture.” Chief Executive Officer of VICAMPRO, Michael Agbogo, organiser of the forum, remarked that the challenges faced in the agriculture sector is similar to other sectors, adding that for example, the Nigerian consumes about 120 tons of French fries daily, without a real processor for potato in West Africa, “so which means we are importing $200 million worth of French fries in Nigeria alone, excluding Ghana, Ivory Coast and other part of the region.”

He cited Plateau as the state with the competitive advantage and potential to grow potato for export, yet majority of the potatoes use for fries are imported from Holland, China among others. Agbogo called for help for peasant farmers growing potatoes in the country which he said cannot be compare to their counterparts in other parts of the world “because they have problems with poor yield as low as 3.5 per hectares, compared to other potato farmers doing up to 70 to 80 hectares. “We saw the opportunity that we were able to create value with this particular space and that is what we have done in trying to invest in all the critical components of the value chain, from production of seeds, inputs, processing facilities, storage, and logistics. “We believe the through this VICAMPRO potato programme, we will be able to serve the local and regional market. Presently, we have 20 tons per day that is on the demand. The way our demand is met in Nigeria is majorly by import and presently, import is very high because of the exchange rate, and this is why restaurant like KFC does not have potato chips to serve it customers because the high exchange rate.” To sustain the improvement of locally produced potato, Agbogo explained that in Kaduna and Plateau, they now have an initiative to bring all peasant farmers under our umbrella called an out-grower farmers’ programme, “through this initiative, “as a company, we provide these farmers with irrigation services, equipment, seedlings among other needs. We started by teaching the farmers how to protect their crops from diseases, and improve on crop production.” This, according to him, will help them get to where they are supposed to be in terms of production and food security. Their inputswhatever these farmers produce are taken care of under that umbrella. He said the processing facilities need about 50,000 inputs yearly, “and this is going to come from us and the farmers, therefore it is a collective prosperity model for everyone. “As the population of Nigeria increases, the people need to be fed. Food security

is a big concern across all countries at the moment. China has made so many inquisitions in order to come atop on food security. We cannot talk about food security if we can’t feed ourselves. We believe that VICAMPRO, OLAM, and other emerging agro-business venture, if supported vigorously, have the capacity to secure the food future of Nigeria. One of the biggest challenges we have was trying to create backward integration but on that aspect we are improving.” VICAMPRO boss who disclosed that one of their goals is to cultivate 10,000 hectares of land in the next five years, added that: “The market is not a challenge, but the focus should be on the producers carrying out their activities efficiently, stressing Nigerian farmers can meet international standards if supported and given the opportunity. Speaking to THISDAY, the Vice-President Government Relations Officer, Olam, Ade Adefeko, condemned the ban on rice importation. He urged the government not plan based on extra-cycles, but on a road map. Adefeko, who is also the Chairman of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture Export Action Group added that government has to come up with a road that will last 2020, adding that the public should support as well as critic their leaders when they are not doing the right thing mostly in securing food for the future generation “Food security is very important mostly as Nigeria’s population is growing. Although the country cannot ban importation outright, it must also encourage and prioritise local production of the foods consumed by its population if its economy must grow. “Nigeria is not facing food drought per say, but might face acute food insecurity issues due to policy inertia. We cannot have a lacuna in policy; policies must be made and done timely during the two farming seasons. We should have agricultural production all year. This is why there must be collaboration between the Ministry of Agriculture and Water Resources,” he said.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

BUSINESSWORLD

INDUSTRY

FG Partners Research Institute to Address Food Losses Crusoe Osagie The Federal Ministry of Agriculture and Rural Development (FMARD) has partnered the Nigeria Stored Products Research Institute ( NSPRI) to address food losses in the country. The Minister of State for Agriculture and Rural Development, Dr. Heineken Lokpobiri said the

move was Federal government’s committed to save Nigeria’s hard earned foreign exchange wasted on food losses due to lack of proper storage facilities and poor farming practices. According to him in a statement issued to THISDAY, Nigeria can save up to over $8 billion wasted on an annual basis to food losses, saying that the institute has fabricated and

developed technologies that addresses food storage problems of all food crops in Nigeria with the aim of increasing Nigeria’s agricultural self reliance in food production through adequate post harvest practices. He stated this during a courtesy visit by the Executive Director of NSPRI, Professor Olufemi Peters in Abuja. Lokpobiri said the partner-

ship will no doubt greatly ensure the proper storage of agricultural produce within the food supply chain. Speaking further, the Minister said findings from 2013 Food and Agriculture Organisation (FAO) fact sheets and NSPRI survey conducted in all geopolitical zones in 2013 estimated food losses to be about 51.3 million metric tonnes across

all crops valued at 8.9 billion dollars. According to him, the present administration has achieved increased food production and had also identified steps to adequately address the high percentage losses along all stages in the post harvest value chain as part of the solution to ensure food security and to enhance exportation of agricultural produce to boost Nigerian foreign exchange reserves. Lokpobiri also assured the team from NSPRI of government’s determination to support and strengthen the research institutes with necessary funding to enable them perform their mandate of developing of post harvest technologies for farmers and cottage industries. Earlier, the Executive Director of NSPRI, Professor. Olufemi Peters, briefed the Minister on

their efforts and achievements in positioning the institute in playing a critical role in the country’s quest for not only food security, but also as a foreign exchange earner and economic booster. Peters also stated that the institute will continue to develop appropriate post harvest technologies for farmers, agro-allied industries and other relevant stakeholders. He said the institute has so far carried out research into the improvement and maintenance of qualities of all crops (including fisheries and livestock). The height of the visit was the proud presentation of high quality processed and packaged agricultural food produce ready for export having being certified internationally acceptable which include, dried perry winkle, dried ugu leaves; ground rice; poundo yam and plantain flour..

FG,UNIDO Take Steps to Protect the Environment FOR BETTER FOOD PRESERVATION

L-R: National Ozone Officer, Federal Ministry of Environment, Mr. Idirs Abdul; Director. Pollution Control and Environmental Health, Abdulkazeem Bayero; Representatives of Minister of Environment, Lauren Braide; Project Manager, United Nations Industrial Development Organization (UNIDO), Viena, Ms. Ozunimi Iti and the National Programme Officer, UNIDO Nigeria. Dr. Chuma Ezedinma, during a stakeholders workshop for the preparation of stage11 of the hydrochlorofluoro carbon phase out management plan for the refrigeration and air-conditioning sector, in Nigeria, held in Lagos......recently KOLA OLASUPO

Abuja Agripreneurs App Thrills Canada to Impose Nationwide Organisers of Agrihack 2016, Carbon Price Get $5,000 Canada will impose a carbon Saskatchewan, has long been A community-based fish farmers’ web application developed by the Abuja IITA Youth Agripreneurs (IYA) was judged the best during the semifinals of the Fish Farming Agrihack West Africa 2016 competition. The contest was organised by The Technical Centre for Rural and Agricultural Cooperation (CTA), the Netherlands, in partnership with Wennovation Hub (Ibadan), Partnership Initiative in the Niger Delta, PIND (Warri), Etrilab (Benin Republic), and Woelab (Togo). Called Fished Up, the app was built to solve three major constraints faced by African aquaculturists by providing fish farmers with real time access to markets and technical support and also solve the problem of advocacy. The technology works by linking fish farmers to an online fish farmers’ community that enables interaction and discussion on various predefined topics ranging from market price, feed, government policies, pond management, diseases, and best practices that affect fish farming. It also provides an online marketing platform that exposes fish farmers to a wider range of markets and an inclusive online platform comprising aqua organizations and government agricultural agencies to ascertain impact of government policies, advocacy,

and technical support. The IYA Abuja team was represented by Ayobami Fajemisin, Oluwasegun Afolabi, and Omotayo Okoh. IYA Abuja was shortlisted out of 3,000 applications and subsequently took part in the competition, which comprised several stages and lasted from 2 to 6 August. The competition aimed at using information technology innovation to solve challenges in the fish farming value chain of Nigeria, Benin Republic, and Togo. It was held at PIND, Warri, Delta State and drew about 50 youth groups which keenly contested to win the coveted €1850, five-month incubation, and other prizes, using their respective innovative IT solutions for fish farming. The organizers presented the IYA Abuja team with souvenirs in a formal ceremony. Thereafter, the team went for the next stage (immersion) at Ugboko, Warri’s biggest fish farm cluster. The team then proceeded to a 48-hour Hackathon which took place at the PIND-Economic Development Centre (EDC). The organizers subsequently offered a $5,000 cash incentive to IYA Abuja for their participation in the research survey component of the competition, “among nearly 3,000 ventures we surveyed around the world. Congratulations!” an email from the organizers stated.

price on provinces that do not adequately regulate emissions by themselves, Environment Minister Catherine McKenna said on Sunday without giving details on how the Liberal government will do so. Speaking on the CTV broadcaster’s “Question Period,” a national politics talk show, McKenna said the new emissions regime will be in place sometime in October, before a federal-provincial meeting on the matter. She only said the government will have a “backstop” for provinces that do not comply, but did not address questions on penalties for defiance. Canada’s 10 provinces, which enjoy significant jurisdiction over the environment, have been wary of Ottawa’s intentions and have said they should be allowed to cut carbon emissions their own way. Prime Minister Justin Trudeau persuaded the provinces in March to accept a compromise deal that acknowledged the concept of putting a price on carbon emissions, but agreed the specific details, which would take into account provinces’ individual circumstances, could be worked out later. Canada’s four largest provinces, British Columbia, Alberta, Ontario and Quebec, currently have either a tax on carbon or a cap-and-trade emissions-limiting system. But Brad Wall, the rightleaning premier of the western energy-producing province of

resistant to federal emissionslimiting plans. McKenna said provinces such as Saskatchewan can design a system in which emissions revenues go back to companies through tax cuts, which would dampen the impact of the extra cost brought by the carbon price. McKenna added the government requires some uniformity in emissions reductions, but provinces can have different regulation methods. When contacted, McKenna’s ministry, Environment and Climate Change Canada, repeated the “backstop” that she mentioned, but did not provide more details. On Sunday’s program, McKenna did not address questions on whether the government will update its emission targets, which were set by the former Conservative government The previous government had pledged to cut greenhouse gas emissions to 30 percent below 2005 levels by 2030, a target that official figures show is out of reach in the absence of radical measures. McKenna had called the prices “a floor, not a ceiling,” but said on Sunday only that the government will meet the previous targets “at least.” A ministry spokeswoman said that as far back as the last summer, the Liberal platform stated the party would move away from the setting of the arbitrary emissions targets she says has been done in the past.

Nigeria’s Minister of Environment, Ms. Amina Mohammed, has commended the work , commitment and efforts of the United Nations Industrial Development Organization (UNIDO) towards implementing the Montreal Protocol programmes and projects aimed at the phasing-out of Ozone Depleting Substances (ODS) in Nigeria. Speaking during the Stakeholders Workshop for the Preparation of the Stage II of the Hydrochloroflorocarbon Phase-Out Management Plan (HPMP) for the Refrigeration and Air-conditioning Manufacturing Sector (RAMS) in Lagos, the Minister said the distribution of 75 low pressure foaming machines to major operators in the RAMS by UNIDO had gone a long way in helping Nigeria achieve 35 per cent phase-out of hydrorochloroflorocarbons consumption. According to the minister, who was represented by the Director of Human Resources in the Ministry of Environment, Mrs. Lauren Braide, “The Government of Nigeria through the Federal Ministry of Environment acknowledges with thanks the good work, efforts and partnership of UNIDO in the implementation of the Montreal Protocol programmes and projects which aims to phase-out the production and consumption of Ozone Depleting Substances (ODS) in Nigeria and also across the world. “Ozone layer depletion is a global environmental problem, and Nigeria is committed to phasing- out ODS in line with the Montreal Protocol which the country is signatory to. UNIDO’s distribution of 75 low pressure foaming machines to the Refrigeration and Airconditioning Manufacturers in 13 states will has gone a long way in helping Nigeria in its quest towards achieving a complete phase-out of hydrorochlorofluorocarbons by 2040.” At the Stakeholders Workshop attended by Heads

of Government Ministries, Departments and Agencies; environment experts , manufacturers, academia and the media, the Officer in Charge of UNIDO Regional Office, Nigeria, Dr. Chuma Ezedinma, and Industrial Development Officer, Montreal Protocol Unit, Environment Branch, Vienna, Ms Ozunimi Iti, both reaffirmed the Organization’s continued support and partnership geared towards enhancing safe and sustainable environment in Nigeria and globally. The HPMP for Nigeria was developed by the Federal Ministry of Environment and the United Nations Development Programme (UNDP).The project aims to phase-out Hydrorohlorofluorocarbons (HCFCs) by 2040 as part of Nigeria’s obligation as a developing country under the Montreal Protocol which was ratified in 1987, but came into force in January 1988, with 46 signatories and 197 member countries, including Nigeria. In line with the overarching HPMP implementation strategy for Nigeria, UNIDO is implementing ODS phase-out programmes and projects in the Refrigeration and Airconditioning Manufacturing Sector (RAMS) for Stage II which aims to phase-out 35 per cent of the consumption of HFCFs in the country. Under the first phase, UNIDO distributed 75 low pressure foaming machines and spare parts and built technical capacity of refrigeration and air-conditioning manufacturers in 13 states across Nigeria. UNIDO supports developing countries and economies in transition in their environmental management efforts, including the implementation of multilateral environmental agreements. As an implementing agency for the Montreal Protocol since 1992, UNIDO has successfully implemented over 1,200 projects in more than 98 countries and contributed to the phase-out of about 70, 287 tonnes of ODS globally.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

BUSINESSWORLD

NEWS

Geopolitical Upheaval Could Crimp Orders, Says Siemens CEO Siemens AG Chief Executive Officer Joe Kaeser said revenue and orders at Europe’s biggest engineering company may be crimped if geopolitical turbulence leads customers to delay spending on projects. Foremost among his concerns is the “geopolitical environment, which gives a lot of uncertainty to our customers about investing into the future,” Kaeser said in a Bloomberg TV interview in Singapore on Saturday. “If people don’t invest into new manufacturing, renewable en-

ergy, new health-care technology -- these are our revenues and our bookings.” Kaeser’s cautious tone for the company’s next fiscal year, which starts Oct. 1, stands in contrast to the current year, when he raised the earnings forecast twice. The German manufacturer’s guidance is for earnings of 6.50 euros to 6.70 euros a share. In a September 14 interview, he said there may be some upside to the guidance in a “well-working environment.”

In Singapore, he said 2016 should be a “very successful

year” for Siemens. Looking ahead, Kaeser said

his concerns include the rise of populism, migration, climate

change and the impact of the so-called Internet of things.

Global Fund Raises $12.9bn to Fight AIDS, TB, Malaria A global fund has raised over $12.9 billion from international donors as part of a campaign aimed at effectively eradicating AIDS, malaria and tuberculosis by 2030, conference organizers said on Saturday. The Global Fund asked government, faith-based and private-sector partners to raise a total of $13 billion at a donor conference in Montreal to support its activities over the next three years, starting in 2017. “We can declare success for we have saved the lives of 8 million people in the coming years,” Canadian Prime Minister Justin Trudeau told reporters after attending the conference, which drew several heads of state, singer Bono and Microsoft Corp co-founder and philanthropist Bill Gates. The attention generated by the conference “has ensured

that the donations are going to continue to flow in” during the coming weeks and months, Trudeau said. The Global Fund, the world’s largest aimed at fighting the three diseases, is credited with saving 20 million lives since it was established in 2002. “We have the knowledge and tools to end HIV, TB and malaria as epidemics by 2030, but we need to invest smartly and with focus to make it happen,” Mark Dybul, the fund’s executive director, said in a statement. The United States, the fund’s largest donor, in August pledged up to $4.3 billion through 2019. The amount is subject to congressional approval. The three diseases targeted by the fund are believed to kill more than 8,000 people a day.

IMF Seeks Mozambique President’s Cooperation on Debt Audit The president of Mozambique has pledged to work with the International Monetary Fund on the terms of an international audit of its public debt, the IMF said in a statement. President Filipe Nyusi met with IMF Managing Director Christine Lagarde in Washington, where Nyusi visted to try to reassure international institutions and investors over a debt scandal involving more than $2 billion in secret loans that came to light this year. The IMF has suspended its own lending to the southeast African country, one of the world’s poorest, insisting on external scrutiny as a precursor to resuming financial aid. Mozambique’s parliament and its attorney general’s office have launched an investigation into the undisclosed borrowings in 2013 and 2014, but the government thus far has balked at opening its books to outside auditors. IMF spokesman Gerry Rice said in a statement issued after the meeting that Lagarde welcomed initial steps that Nyusi’s government is taking to put the aid program back on track. Lagarde “stressed the need for further policy action aimed at stabilizing the economy and for more decisive efforts to improve transparency, in particular an international and independent audit of the companies that were funded

under the loans disclosed in April 2016,” Rice said. He added that Lagarde “welcomed that the president indicated the government of Mozambique’s willingness to work with the IMF on the termsof-reference for this process - to be initiated by the office of the Attorney General - and to implement it.” An IMF staff team will be sent to Maputo next week to start work on these terms, Rice said. The debt crisis and aid suspension has hit Mozambique hard, with its currency, the metical, losing nearly 40 percent against the dollar since January and economic growth slowing to below 4 percent. With foreign debt soaring toward 100 percent of gross domestic product, Mozambique’s government has been forced to revise its 2016 budget, which now shows a deficit equal to 11.3 percent of GDP. The central bank hiked interest rates by 300 basis points in July to try to prop up the currency and contain inflation. Eric LeCompte, director of Jubilee USA Network, a Washington-based non-profit group that advocates for the world’s poorest people, said he hoped that a balance could be struck between the need for increased transparency of Mozambique’s finances, and the need to restore aid to the country.

ENHANCING CUSTOMER SATISFACTION

L-R: Branch Manager, MultiChoice Nigeria, Segun Ogunsemowo; Public Relations Manager, Caroline Oghuma and MultiChoice Super Dealer, John Ogbata, during the DStv customers’ forum held in Lagos….recentl

International Court to Prosecute Environmental Crimes in Major Shift The International Criminal Court (ICC) said it would start focusing on crimes linked to environmental destruction, the illegal exploitation of natural resources and unlawful dispossession of land in a move hailed by land rights activists. Company executives or politicians could now be held responsible under international law for illegal land deals which violently displace residents following the shift, campaigners and lawyers said. Since it was set up under the 1998 Rome Statue, the Hague-based court has focused on prosecuting four main crimes: genocide, crimes

against humanity, war crimes and the crime of aggression. Environmental crimes will now be considered in investigations of cases that fall within the ICC’s existing remit, according to Global Diligence LLP, a London-based human rights law firm said in a statement. Campaigners and human rights lawyers said the move reflects increasing global recognition of the severity of environmental crimes. It also allows victims to seek justice through the international criminal justice system if their complaints are not heard in national courts. “The ICC is adapting to

modern dynamics of conflict,” Alice Harrison from the UKbased campaign group Global Witness told the Thomson Reuters Foundation. “This shift means it can start holding corporate executives to account for large-scale land grabbing and massive displacement happening during peace time.” The shift comes ahead of a decision by ICC Prosecutor Fatou Bensouda on whether to investigate a case filed by human rights lawyers in 2014 accusing Cambodian officials and businessmen of engaging in illegal land dispossession. Global Diligence LLP,

the firm representing the Cambodian plantiffs, said the ICC’s policy shift opens the door for the case to be investigated by the court. Cambodia’s government has dismissed the case as politically motivated and based on “fake numbers of people being affected by land grabbing”. Last year was the deadliest on record for land rights campaigners with more than three people killed each week in conflicts over territory with mining companies, loggers, hydro-electric dams or agribusiness firms, Global Witness said.

Europe’s Biggest Natural Gas Ghana to Issue First Domestic Producer Runs Out Of Fuel Dollar Bond Next Month The Netherlands, the region’s biggest trading hub for the fuel, has used up almost 80 per cent of its natural gas reserves, Dutch statistics office CBS said at the weekend. Production fell 38 per cent over the previous two years and is set to fall further as the government limits extraction because of earthquakes in Groningen, the province that houses the EU’s largest gas deposit, it said. The nation of about 17 million people is struggling to contain tremors linked to gas production by a joint venture of Exxon Mobil Corp. and Royal Dutch Shell Plc that has damaged thousands of homes. The government budget has been hit by the caps on extraction and declining wholesale prices, with gas accounting for just 3 percent of state income in 2015, down from 9 percent two years earlier, the CBS said. “The production ceiling put in place for Groningen has had a definite impact on gas production during the last

years,” CBS said. “Considering the Groningen field accounts for almost three-quarters of the remaining reserves, Dutch natural gas production will likely fall further, despite a small increase in production from the remaining fields, most of which are in the North Sea.” The Netherlands produced 3.85 trillion cubic meters (136 trillion cubic feet) of gas since the discovery of the Groningen deposit in 1959, more than total global production last year, and has 940 billion cubic meters of reserves, CBS said. Output fell to 52 billion cubic meters last year, the lowest level since the early 1970s, from 84 billion in 2013. Groningen gas production was capped at 27 billion cubic meters in the gas year that started Oct. 1, 2015. Parliament on Thursday approved a government proposal to lower the cap to 24 billion cubic meters a year for five years. State income from gas fell to 5.3 billion euros ($6 billion) in 2015, down from 15.4 billion euros in 2013, the CBS said.

Ghana plans to issue its first domestic investor only dollar bond next month in efforts to deepen the government’s financing streams and bolster the local bond market, Finance Minister Seth Terkper said at the weekend. The two-year bond with a target of about $50 million, would be issued through a book-building system to be arranged by Barclays Bank, Stanbic Bank and brokerage firm Strategic African Securities, Terkper told reporters in Accra. “The goal is to issue a dollar bond to meet some of our dollar commitments in the budget, most of which are related to capital expenditure,” Terkper said, adding that the overall objective was to rationalise the local dollar market. “Our target sources include retention by (dollar-earning) companies whose expenditures are in cedis. There may also be dollars in commercial bank accounts which may not be yielding much and we want to provide a window for the

depositors to invest,” he said. The finance ministry is yet to announce a pricing guide for the bond but a source close to the deal said it could be around 5 percent. Government is also considering the issue of a Diaspora bond that targets Ghanaians abroad, Terkper said. The West African cocoa, gold and oil producer signed a three-year assistance programme with the International Monetary Fund in April 2015 to restore fiscal balance to an economy dogged by deficits, public debt and high interest rates. Public debt stood at $27.8 billion representing 65.9 percent of gross domestic product as of July. Ghana issued its fifth Eurobond of $750 million due 2022 this month at a yield of 9.25 percent. The central bank’s monetary policy committee is due to announce a rates decision and analysts polled by Reuters said they expected the bank to hold its benchmark rate at 26 percent..

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

PROPERTY & ENVIRONMENT NatanelFlorensFloatsTalk-to-AndreinRent-to-Own Initiative NatanelFlorens, the premier composite real estate advisory and development firm that is implementing a rent-to-own initiative, is a child of necessity, said its Executive Director and Chief Marketing Officer, Mr. Yinka Daramola. Now, the firm has enhanced its advisory arm with its Talk-to-Andre stratagem, reports Bennett Oghifo

L-R: Technical Director, Mr. Wasserman; Executive Director, Mr. Yinka Daramola, Executive Director, Mr. Oguche Agudah; and Head Finance, Ms. Bolaji Makanjuola, all of NatanelFlorens, at a Press conference on TalktoAndre in Lagos... recently

atanelFlorens Limited prides itself as the firm that pioneered rent-to-own initiative and the only company that does not require equity contribution or charge interest on payments made by investors in the scheme. It is a plug and play mode; you pay your rent and at the end of the specified period the apartment is yours. In addition to this, the firm has come up with an advisory tool called ‘Talk-to-Andre’, which is a free channel for everybody to get useful tips before making commitments on property purchase, sale or lease. Talk-to-Andre was presented by a team of NatanelFlorens’ officials: Executive Director, Mr. Yinka Daramola; Technical Director, Mr. Wasserman; Executive Director, Mr. Oguche Agudah; and Head Finance, Ms. Bolaji Makanjuola, at a Press conference in Lagos, recently. Daramola said despite the fact that there are 13.6 million units of homes in the country, about 11.5 of the number are rented homes. “So, it goes to show that most Nigerians walking in the streets today don’t have properties of their own; they’re renting. The truth is that most Nigerians have lost hope because the means to acquire assets is not there. Nigerians don’t have access to mortgage neither is it affordable, and we have seen instances where people have waited for 15 years, trying to save to build a home; it is a major challenge in Nigeria and we thought that there must be a way out and that was what actually gave birth to NatanelFlorens.” The mandate, he said was to ensure that they assisted in reducing the high rate of inability to own houses by at least a per cent in the next 10 years. “The figures are huge, but we have started because, as we speak, we have 500-600 units that we have acquired through developers scheme and close to 90 per cent of these have tenants. What gives us joy is to see the smiles on the faces of Nigerians who never thought they could own

homes of their own being given keys and moving into their apartments through our rent-to-own scheme by paying rent through a 15 to 20-year period.” He said they started rent-to-own in the real sense of the word and that their mission was to blaze the rail for others to follow, adding “today, we have people who have also followed that trail. However, they still have not been able to deliver as good as ours because their scheme still comes with some elements of interests. Ours is zero per cent interest, no equity contribution and the rate remains flat for the tenure of that transaction.” TalktoAndre... Another trail-blazing initiative of NathaneFlorens, Daramola introduced is Talk-to-Andre, which, he said was the first of its kind and that they believed it would go a long way in reinforcing their beliefs, vision and their essence as a premier real estate development and advisory firm in Nigeria. About Talk-to-Andre, he said “Before you make any property decision; whether you want to rent or buy, Talk-to-Andre and Andre is NathaneFlorens. What we are offering the public is free property advice. You can say I have got X amount of money to invest in property but I don’t know how to go about it. We offer hassle-free investments and above market returns. Property is the only asset that is recession-proof. It is a hedge against recession.” Rent-Own-EarnTM... There is financial gains in rent-to-own. Daramola said, “First of all, we believe that gainfully employed Nigerians have a right to own their own properties with ease. In a country where 85% of Nigerians are tenants, there is indeed cause for worry. The truth is that this high rental figure is a testimony to the large pool of people below the “rich” line. Without your own house, the propensity to create wealth is zero. Owning your own

home is an important factor to wealth creation. Rent-Own-EarnTM is NatanelFlorens wealth creation version of Rent-to-own. It is being able to live in the property you want to acquire, pay a yearly rent and after a period certain the property becomes yours. “So, with NF’s Rent-Own-EarnTM, you can Rent and own your property after a period certain and thereafter start earning an income while still living in the apartment (This only happens after you have fully discharged your obligations and now own the property). This is likened to convertible long tenancy where the house fully reverts back to the tenant after the leasehold tenure on the land. This also allows property owners to earn free income for the tenor of the Title leasehold.” He said the reception from the public has been overwhelming. And I mean that with all sense of responsibility. That however is not farfetched, in an environment where the average middle class Nigerian takes like 5 – 8 years to develop his property. in those 5 – 8 years he’s still paying rent somewhere else and struggling to complete his own. Isn’t that like double wahala? (apologies to Fela). Its therefore pretty easy for Nigerians to deduce that it makes more sense to pay your rent in a property that you can own, live there and after a certain period of between 10 – 20 years it becomes yours. Let me tell you something that happened last year when we introduced a 30 unit estate to the public through our rent-to-own proposition. In 36 hrs, all the 30 units had been paid for. This has been the reaction every time we put properties on sale through the scheme. Today we have assets taken up by our off-takers across 10 or more estates in Lagos. We are building another 250 units in Lagos and also a sizable number in Abuja. Our intention is to go into other states as soon as possible. Our fulfillment comes from seeing the joy on the faces of our prospective homeowners and their prayers for us keeps us at NatanelFlorens motivated to help in

reducing the housing deficit by half over the next 20 years. Impact on real estate sector... According to Daramola, the impact is already being felt in the real estate sector across ‘clusters’. “The developers are excited about our offer, that, hitherto unoccupied properties can now be populated and they can in turn get value for these assets which were hitherto lying down unoccupied. We have had to deal with developers because no matter how much NatanelFlorens develops we can’t bridge that huge housing gap. Developers also have discovered that to get themselves out of the situation of sitting on assets that are ‘idle’ and without off-takers, it will make more sense to collaborate with an institution that has the capability of providing the off-takers as well as funding to eventually pay them off. “In the case of government, we strongly believe that this is about the only answer to the housing challenge we find ourselves in. Renting to own is a convenient, hasslefree option to owning your own property. Government’s intention as always is to provide shelter for its citizenry and every government wants to do this without imposing burdens on its citizens. We therefore believe there is a DNA match in NatanelFlorens intention and that of government. We are currently in discussions with some state governments who believe this is the way forward.” Mandate... He said being a composite real estate advisory and development firm means we are able to offer end to end solutions to our clients as regards properties. “We develop at a cost that is clearly the lowest in this part of the world due to our procurement capabilities. We rent out these developed properties through our Rent-to-own proposition and also offer advisory services to property owners in a bid to get them to optimize the yield/return they get from their properties.”

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

PROPERTY & ENVIRONMENT

CADWELL to Render Ultra-Luxury CUDDLE on Bourdillon Bennett Oghifo Bourdillon is fast becoming the address of sturdy developments. The latest addition is CUDDLE by CADWELL, a real estate development company with reputation for delivering exclusively high-end products. CUDDLE is conceived as ultra-ok-end development that is targeted strictly at discerning investors and home buyers, said Cadwell’s Director, Muyiwa Owoturo, during a press conference and exclusive launch of Cuddle development in Ikoyi, Lagos, recently. ‘CUDDLE’ is designed as two blocks, rising to 18 floors with penthouses, 3 and 4 bedroom apartments, built over an acre of finite land space. At level 9, the structure features a split-level leisure lane where residents will have access to a brasserie, swimming pools with hot tubs, aerobics, yoga, spinning suite, as well as a wellness and fitness spa. There will be executive meeting rooms as additional facility. According to the promoters, residents will have access to a chic spot for fine dining, bar and café that provide fabulous and exclusive setting for cocktails with canapes’, while enjoying stunning vistas across Ikoyi’s iconic skyline. It will also have an exclusive private lounge and large screen cinema suite. The concept is unique with its design as a wellcrafted top-notch residential development with pre-war finish in a neo-classic style. It is conceived to have an attitude of elegance to inspire, impress and complement the lifestyle of the savvy and progressive elite. The homeowner and investor alike have the opportunity to possess a unique masterpiece in South-east Ikoyi, Owoturo said. CUDDLE is situated at the most prestigious address - No. 8, Bourdillon, Ikoyi, Lagos and, according to the developers, it is “unpretentiously precious;

designed with Valour for the astute with a distinctive desire to embrace an edifice that will become your culture, define your character and determine your personal composure. “With unmatched attention, keen eyes, skilled hands, CUDDLE’s cultural comfort includes but are not limited to sizeable and oversize units of accommodation space with dedicated levels of lifestyle luxuries. “Equally alluring is the introduction of CUDDLE’s sorts; a bespoke collection of internal finishing in classic, new classic or modern mood, which affords you the privilege to select preferred materials and tones that suit your style standards and reflect your passion and personality. In collaboration with some of the finest international and local consultants/contractors, your taste and ideas can be reshaped into stunning reality.” Owoturo said, “Our vision for CUDDLE is to an ultra-high quality dream home for Lagos’ most discerning residents in a way that enhances and uplifts the wider neighbourhood. “For more than just an investment property or dwelling, CUDDLE is designed as a real home for relaxation, entertainment, escape from the city without leaving the city and to enjoy all the many pleasures it has to offer.” The facility’s construction has started with piling being done by Messrs. Trevi Foundation Nigeria Limited that is reputable for such works and for their expertise, quality and professionalism. They have been engaged on site to ensure an imposing structure of imperial standard, and upfront is a selection suite where the three house-types on offer are presented for prospective buyers to choose from. Owoturo said, “To ease your comfort, we have built the first Selection Suite ever in Nigeria and hereby invite you to the exclusive opening

icyrus Launches Online Store The construction sector in Nigeria is being revolutionarised with the introduction of an online store. The company behind this innovation, iCyrus Online Merchant announced that the “one-stop shop for home improvement” would make its quality products and services available through the online store, in addition to physical purchases which it had offered over the years. According to Mrs. Alero Imo, the company’s Founder and Managing Director, the products and services of iCyrus Online Merchant touch every aspect of the furniture, joinery and construction industry. The online store is available on www.icyrus.com.ng She further said: “We stock an extensive variety of products which include tools and safety equipment, furniture and joinery products, bathroom and laundry, adhesives and sealants as well as other affiliated products servicing the construction industry in Nigeria. With our increasing range, you will find anything you need to complete your home or building project

at a competitive price.” Mrs. Imo explained that given the rapid growth of iCyrus Online Merchant, it is not only committed to supplying customers with quality products and services but has also created a platform for Do It Yourself (DIY) supplies. “Here, everything you need to improve your home or complete your building project will be found,” she said. The Online Communication Manager, Ms. Olaolu Beckley said that deliveries are within 72 hours, except for doors, kitchen cabinets and wardrobes which will be delivered within 14 days post-payment, depending on volume. She said the company has the facility and network to deliver anywhere in Nigeria at no extra cost to the customer. “We will inform customers of their tracking ID through a confirmation email,” she added. ICyrus products include doors, wardrobes, kitchen cabinets, laundry and bathroom facilities, fasteners and fixings, shop-fitting facilities, tools and safety equipment, adhesives, chemicals and sealants, boards and other accessories.

of this beautiful space, where our well-equipped Fiduciary Managers will be available to introduce CUDDLE to you.” He said CADWELL was always a step ahead of real estate developers and that their competition was themselves and

that they engaged in all services related to estate development and management. Prospective buyers are expected to deposit 30 per cent of the total sum and spread the remaining payment by-annually through the construction period,

which is between 33 and 36 months. Apartment owners, who require the services of CADWELL in its management can have it since that is one of their products. The construction of CUDDLE is being done with finance

from bank partners but the total cost of the project is yet to be determined because some details were still being attended to and the contractor is yet to be signed on. “The contractor will be one of the first two or first three in the business.”

L-R- Cadwell’s Project Lead, Damola Kupoluyi; Director, Muyiwa Owoturo; and Head of Concepts and Marketing, Nekpen Emokpae, during a press conference and exclusive launch of Cuddle development in Ikoyi, Lagos... recently

L-R: Online Communication Manger, iCyrus Online Merchant, Ms Olaolu Beckley; Managing Director/CEO iCyrus Online Merchant, Mrs Alero Imo; General Overseer, Soul Winning Ministries, Rev (Dr) Moses Iloh; and Chairman, iCyrus, Mr. Agu Imo, at the media launch of iCyrus online store platform in Lagos... recently

Real Estate Unite 2016 to Identify Gaps Impeding Economy Fadekemi Ajakaiye This year’s edition of Real Estate Unite will focus on identifying the gaps impeding progress in the key areas of the Nigerian economy and understand the new growth drivers in today’s local capacity/ resources driven market. Ruth Obih, Chief Execitive, 3Invest, organisers of the event, said this year’s edition of Real Estate Unite, which will hold on the 6th and 7th of October at the Eko Convention Centre, Lagos, has the theme “Filling the “G.A.P.S.” She said “G.A.P.S is an acronym for GovernmentAccess-Private Sector-Strategy. Government: Enhancing government performance through effective leadership, education and technology; Access: Enabling access through regulatory reforms Private Sector: Real estate market in a recessive economy, local solutions to finding cheaper money; Strategy: Rethinking

local strategies for financing real estate in a recessive economy.” Real Estate Unite is a three-fold event, comprising a conference, exhibition and awards as well as exclusive meeting sessions such as the African Women in Real Estate Meeting and Real Estate Leader Meeting. According to her, “2016 marks five years since we started Real Estate Unite. We are excited about the vibes the events generate and the transformation the industry has witnessed since its inception. “Reviewing Nigeria’s growth in January 2016, the Managing Director of International Monetary Fund (IMF), Christine Lagarde, noted that “emerging markets and developing economies are now confronting a new reality of lower growth, with cynical and structural forces undermining the traditional growth paradigm. Nigeria has to deal with the difficulties presented by falling oil prices, reduced emerging

market demands and tightening global financial conditions that have led to sharply lower export earnings and government revenues.” Some of the policy recommendations related to improving the competitiveness of the Nigerian economy were discussed. These include focusing on the critical area of infrastructure, where power, transportation and housing are especially key.” “We believe it’s time to blow the whistle and begin to look inwards as a great nation with huge potential. We must act fast and begin to exploit the potential these critical areas bring, especially the housing sector. Not only will it help to significantly increase employment and impact multiple sectors of the economy.” Some invited and confirmed speakers are Lagos State Governor, Akinwunmi Ambode; and the Minister of Power, Works and Housing, Babatunde Raji Fashola (SAN).

In addition, “we have over 25 speakers and panellists such as Hakeem Ogunniran of UPDC, Ronald Chagoury Jr. of South Energyx Nigeria Ltd., Prof. Charles Inyangete, Nidi Adeleye, Stanbic IBTC, Paul Onwuanibe of Landmark, Kunlé Adeyemi of NLE Architecture, Adeniyi Falade of Crusader Sterling Pension, Andrea Geday of Elalan Construction Company, Sam Odia of Millard Fuller Foundation, Faustin Moukala of CFAO, Anne Rinu of Standard Chartered Bank., Jan Van Zyl of Novare Equity Partners and some members of the Advisory Board of Real Estate Unite. “Real Estate Unite 2016, being the 5th edition, will feature new programmes more than the previous years. This year’s edition comes with the new 3INVEST biennial recognition lists which is very different from the awards we have given in the past. Real Estate Unite Awards will now hold every two years.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

PROPERTY NEWS

Broll Wins 13 Global Awards Broll Property Group has won 13 awards in the Euromoney Real Estate Awards 2016. Broll was awarded four awards including best overall Advisors and Consultants for Africa. Other Africa awards include best Agency/Letting, Valuation and Research business across the continent. Furthermore, Broll retained its number one position as Advisors and Consultants in Nigeria, Ghana and South Africa. Broll Nigeria was named overall Advisors and Consultants, Advisors and Consultants for Agency/Letting and Advisors and Consultants for Research while Broll South Africa was named overall for Advisors and Consultants, Advisors and Consultants for Agency/Letting and Advisors and Consultants for Valuation. Broll Ghana won four awards: Overall Advisors and Consultants, Advisors and Consultants for Agency/Letting and Advisors and Consultants for Valuation and Advisors and Consultants for Research. In 2015, Broll Ghana scooped three awards, overall Advisors and Consultants, Advisors and Consultants for Agency/Letting and Advisors and Consultants for Research. Broll Nigeria was named overall Advisors and Consultants, Advisors and Consultants for Agency/Letting and Advisors and Consultants for Research while Broll South Africa was named overall for

With a staff compliment and remains positive about the investing in its infrastructure economies and create much Advisors and Consultants and Advisors and Consultants for exceeding 2,000 property property prospects that Africa and people in a property needed employment in sector that is rapidly being various economies across the professionals, Broll continues holdsover the long-term. Research. “Broll remains committed to an activator to grow local continent,” he added. Meanwhile in 2014, Broll, a to embrace the African story CBRE affiliate company was named Real Estate Advisors and Consultants – Overall 1st place in Africa, Real Estate Agency/Letting – 1st place in Africa, Real Estate Valuation – 1st place in Africa and Real Estate Research Services – 1st place in Africa. Read the full story here. Euromoney, a leading international finance publication, annually surveys the opinions of real estate advisors, developers, investment managers, corporate end-users and banks worldwide to determine the best providers of real estate services. Industry professionals from more than 160 countries participated in this year’s survey. Group CEO Malcolm Horne comments:“The Euromoney Awards are important because they are an independent measure of how the international market perceives our performance and speaks to the relationships we have L-R: Managing Director, Association of Consulting Engineering of Nigeria (ACEN), Abolaji Ogunsanya; ACEN immediate past president, Temilola built and service we deliver to Kehinde; Director, Project Monitoring, Ministry of Works, Lagos State, Lekan Shodeinde, at ACEN’s biennial meeting in Lagos... recently our clients across Sub-Saharan Africa. “I am proud that our business and staff have received this acknowledgement from a reputable independent source.” Broll Property Group manages third party property assets of over 40 million square metres across all service lines and plans to further expand The IUCN World Conservation indigenous, faith and spiritual Countries are accelerating efforts 55 countries, accounting for 55 its reach during 2016. Congress closed in Hawai i, communities, the private sector, to join the Paris Agreement on per cent of global greenhouse setting the global conservation and academia, to collectively climate change at a special gas emissions, deposit their agenda for the next four years decide on actions to address high-level event to be hosted instruments of ratification or and defining a roadmap for the the most pressing conservation by United Nations Secretary- acceptance with the Secretaryimplementation of the historic and sustainable development General Ban Ki-moon on 21 General. In April, 175 countries signed September. challenges. agreements adopted in 2015. “We must put the aspira- the agreement—a record for More than 100 resolutions The IUCN Congress closed with the presentation of the and recommendations have tions of Paris into action,” one day—at a signing ceremony Hawai’i Commitments. This been adopted by IUCN the Secretary-General said. in New York. The final step document, titled “Navigating Members – a unique global “We have no time to waste, in the process is for countries Island Earth”, was shaped by environmental parliament of and much to gain, from the to join the agreement at the debates and deliberations over governments and NGOs – many historic Paris Agreement on national level and deposit the last ten days, and opened of which call on third parties climate change entering into their legal instruments with to ensure that Nigeria is well for comment to some 10,000 to take action on a wide range force this year. To build further the Secretary-General. represented. “With the Paris Agreement,” participants from 192 countries. of urgent conservation issues. momentum, I have asked leadNiche PR & Events focuses on Key decisions included ers to come to New York with the Secretary-General said, It outlines opportunities to managing prime exhibitions and address some of the greatest closure of domestic markets their instruments of ratification “the world has an equitable, international expos with a view challenges facing nature for elephant ivory, the urgency or to publicly commit to joining durable yet flexible global to positioning Nigerian brands conservation and calls for a of protecting the high seas, the agreement before the end framework for reducing emiswhile promoting joint venture sions, strengthening climate commitment to implement the need to protect primary of 2016.” partnerships. In the last decade, Tomorrow’s high-level event resilience and providing supthem. It encapsulates the forests, no-go areas for industrial the company has worked with collective commitment by all activities within protected areas will advance efforts to secure port to developing countries international show organizers who attended the Congress to and an official IUCN policy on early entry into force of the to build low-carbon economies and trade associations. Paris Agreement by providing and adapt to inevitable climate undertake profound transforma- biodiversity offsets. Niche PR has invited key “International decision- an opportunity for countries impacts.” tions in how human societies industry players to sponsor the The 21 September event live on Earth, with particular makers have converged on to deposit their instruments of Nigerian exhibition booth under attention to making our patterns the most urgently needed ratification, acceptance, approval will take place in the General the African pavilion in order of production and consumption conservation action,” says or accession to the agreement Assembly Hall from 8-9 a.m. to entice B2B to the Nigerian IUCN President Zhang with the Secretary-General, as The event will be open to the more sustainable. participants. press (deadline for media ac“Some of the world’s great- Xinsheng. “IUCN’s more stipulated in the agreement. The essence of incorporating The event will also recognize creditation is 9 September) and est minds and most dedicated than 1,300 Members behind a booth dedicated to Nigeria is professionals met here at the these decisions give them the those countries that have joined a limited number of seats will that 75% of visitors are decision IUCN Congress to decide on weight to drive the real change the agreement since the 22 April be available for civil society. makers. The Paris Climate Agreethe most urgent action needed needed to address some of the signing ceremony. They will visit the booth The event will further ment, adopted by 195 parties to to ensure the long-term survival biggest challenges our planet to discuss and conclude busirecognize countries that have the UN Framework Convention of life on Earth and our planet’s faces today.” nesses. In addition, there will IUCN Members have also committed to join the agree- on Climate Change (UNFCCC) ability to sustain us,” says Inger be forums with 80 conferences, Andersen, IUCN Director approved a new programme ment in 2016, but because of last December in Paris, calls panel discussion and symposia General. “This IUCN Congress for IUCN for the next four the need to finalize domestic on countries to combat climate 400 recognized participants has come at a pivotal time in years and elected new IUCN processes, cannot deposit their change and to accelerate and discussing bank financing and instruments on 21 September. intensify the actions and investour planet’s history as we find leadership. refinancing among other topics. To date, 27 countries account- ments needed for a sustainable The IUCN Congress put ourselves at a crossroad, facing According to Marcella Iyitor, challenges of unprecedented new issues on the global ing for 39.08 per cent of the low carbon future. The Paris CEO of Niche PR, companies sustainability agenda, includ- total global greenhouse gas Agreement marked a watershed magnitude. like SWISSTRADE, Urban Shel“Today we leave Hawai i ing the importance of linking emissions have officially joined moment in taking action on ter Ltd., Federal Staff Housing equipped with a much clearer spirituality, religion, culture the Paris Agreement. Efforts climate change. After years of Loans Board, Federal Capital roadmap for advancing on the and conservation, and the need to join the agreement have ac- negotiation, countries agreed to Territory, Federal Ministry of post-2015 agenda, confident that to implement nature-based celerated since China and the limit global temperature rise to Housing, BJ Fire Systems Ltd., we have taken our first steps solutions – actions that protect United States officially joined well below 2 degrees Celsius, AM Design Consults (Architects on the road to a sustainable and manage ecosystems, while the Agreement on 3 September while pursuing efforts to keep & Development Consultants, future where nature and human effectively addressing societal by presenting their documents temperature rise to 1.5 degrees. Joseph Engineering Associates Even as the agreement was progress support each other.” challenges, such as food and to the Secretary-General at a Ltd., Silverbrush Consult, real With more than 10,000 water security, climate change, ceremony prior to the G-20 adopted, countries recognized estate developers, members of registered participants, the disaster risk reduction, hu- Summit in Hangzhou, China. that present pledges to reduce relevant professional associaevent brought together leaders man health and economic The Paris Agreement will enter emissions were still insufficient tions have indicated interest into force 30 days after at least to reach these goals. from government, civil society, well-being. in attending the expo.

Estate Developers, Financiers, Facility Managers Join Counterparts at Exporeal in Germany Real Estate developers are set to attend EXPOREAL 2016, the 19th international trade fair for real estate and investment scheduled for October 4-6 in Munich, Germany. The event is a platform for a wide range of real-estate market. It premiered in October 1998 in Messe Munchen exhibition center in Munich, Germany. The event takes place annually and brings together global and local real estate developers, architectural and planning firms, investment companies, bankers, universities and colleges, fund companies, tax advisors, mortgage finance institutions and property consultants. EXPOREAL is an integrated exhibitor forum focusing on efficient networking with decision makers and financiers. It provides an opportunity for finding potential business partners for every stage in the real estate cycle: from idea and conception through investment, financing, realization and marketing to operation and use. Nigerians will be joining over 18,985 visitors to the next EXPOREAL scheduled to hold from October 4-6, 2016 at Munich, Germany. Niche PR and Events a Lagos-based public relations company is working with MESSE MUNCHEN INTERNATIONAL and Trade and Fairs Consulting, Germany to recruit participation from Nigeria, handle logistics required

Global Conservation Summit Momentum Growing for Sets Direction for Post-2015 Paris Agreement’s Early Entry into Force Sustainability Agenda

T H I S D AY • TUESDAY,SEPTEMBER 20, 2016

PROPERTY NEWS

Agreed Draft of the New Urban Agenda Ready Draft of the outcome document for adoption at the Habitat III Conference in Quito, Ecuador, in October 2016 is ready. According to the UN, this century will see a substantial majority of the world’s population living in urban centers. The Habitat III Conference therefore has, as its mission, the adoption of a New Urban Agenda—an action-oriented document which will set global standards of achievement in sustainable urban development, rethinking the way we build, manage, and live in cities through drawing together cooperation with committed partners, relevant stakeholders, and urban actors at all levels of government as well as the private sector. After the release of the Surabaya Draft of the New Urban Agenda at the third session of the Preparatory Committee for the Habitat III Conference in Surabaya, Indonesia in July 2016, the New Urban Agenda has finally been agreed on at the Habitat III Informal Intergovernmental Meeting which took place at the United Nations Headquarters in New York from 7 to 10 September 2016, and it will be adopted in Quito, Ecuador, in October 2016. The agreed agenda includes commercial use of street-level floors, fostering local markets and commerce, both form al and informal, as well as not-for-profit community initiatives, bringing people into

the public spaces, promoting walkability and cycling towards improving health and well-being. “We will integrate disaster risk reduction, and climate change adaptation and mitigation considerations and measures into age-and genderresponsive urban and territorial development and planning processes, including greenhouse gas emissions, resilience-based and climate-effective design of spaces, buildings, and constructions, services and infrastructure, and nature-based solutions; promote cooperation and coordination across sectors, as well as build capacity of local authorities to develop and implement disaster risk reduction and response plans, such as risk assessments on the location of current and future public facilities; and formulate adequate contingency and evacuation procedures. “We will strive to improve capacity for urban planning and design and providing training for urban planners at national, sub-national, and local levels. “We will integrate inclusive measures for urban safety, and crime and violence prevention, including terrorism and violent extremism conducive to terrorism, engaging relevant local communities and nongovernmental actors, where appropriate, in developing urban strategies and initiatives, including taking into account slums and informal settlements, as well as vulnerability and cultural factors in

Global Citizens Climate Pledge announced A global Citizens Climate Pledge was launched at an event hosted by the UN Climate Change Secretariat, recently, urging citizens around the globe to cut their personal climate footprint by half within 10 years. The launch coincides with the first anniversary of Climate Neutral Now, an initiative that represents a global community of organisations and individuals committing to becoming climate neutral by the second half of the 21st century. Prior to the global announcement, the pledge was launched by Myrskyvaroitus ry (Storm Warning Association) in Finland last year. It has been signed by thousands of Finnish citizens, including prominent artists, business leaders and politicians. President of the Republic of Finland, Sauli Niinisto, was one of the first to sign the pledge and has since converted his private home to geothermal energy, cutting the household’s electricity consumption by half, and converted lighting to low-energy LED lamps. In addition to president Niinisto, two former presidents, president Tarja Halonen and president Martti Ahtisaari have signed the pledge. By visiting the Citizen’s Climate Pledge website, https:// climatepledge.global/, citizens can calculate their personal CO2 footprint and then pledge to reduce it by half within 10 years by making low carbon

choices around energy use, travel, eating and consumption habits, electronic devices and household appliances, and by offsetting emissions they cannot reduce. Climate Neutral Now calls on organisations and individuals to measure, reduce and report greenhouse gas emissions and compensate those which cannot be avoided with UN-certified emission reductions. The initiative was launched in September, 2015 by a founding group of organisations that included Microsoft, Sony, the adidas Group and Marks & Spencer. Storm Warning Board Member and Executive Director of Climate Leadership Council Jouni Keronen said: “Citizens’ role in the mitigation of climate change is bigger than most of us expect. We have studied that with just a handful of energy and transportation related choices and solutions, citizens can have significant potential to reduce CO2 emissions in Finland.” UNFCCC’s Executive Secretary, Patricia Espinosa said: “The climate talks in Paris this past December highlighted the urgent role that individuals are playing in addressing climate change. When we take hands-on action to reduce our personal climate footprint, we join a global movement of action on climate change.”

the development of public security, and crime and violence prevention policies, including by preventing and countering the stigmatization of specific groups as posing inherently greater security threats. “We will promote compliance with legal requirements through strong inclusive management frameworks and accountable institutions that deal with land registration and governance, applying a transparent and sustainable

management and use of land, property registration, and sound financial system. We will support local governments and relevant stakeholders, through a variety of mechanisms, in developing and using basic land inventory information, such as a cadaster, valuation and risk maps, as well as land and housing price records to generate the high-quality, timely, and reliable disaggregated data by income, sex, age, race,

ethnicity, migration status, disability, geographic location, and other characteristics relevant in national context, needed to assess changes in land values, while ensuring that these data will not be used for discriminatory policies on land use. “We will foster the progressive realization of the right to adequate housing, as a component of the right to an adequate standard of living. We will develop and

implement housing policies at all levels, incorporating participatory planning, and applying the principle of subsidiarity, as appropriate, in order to ensure coherence among national, sub-national, and local development strategies, land policies, and housing supply. “We will promote housing policies based on the principles of social inclusion, economic effectiveness, and environmental protection.

L-R: Ayim Pius Ayim; and Ebonyi State Governor David Umahi

New Group Promises to Meet Umahi Signs three Bills, Moves to Nigeria’s Housing Needs Empower 2,400 Women,Youths A new group of developers, launched in Lagos, recently, has promised to build homes for Nigerians at the lowest possible cost. The project, known as the Low Cost Housing Developers Association, (LCHDA), compresses all the practitioners in the housing industry, including the unskilled in the housing industry. Speaking to journalist, the initiator of the programme, Mr. Emmanuel Ogheide stated that the association is made up of architects, lawyers, building technologist, building engineers, civil engineers and all professionals in the building industry. “It is a group of people who have come together to give back to society by way of making housing affordable, mostly by offering their expertise. So, what we do mostly is to touch lives in the society through the provision of accommodation. “In order to get this done we realised that a lot of people need housing or housing services, but the challenge is that it is above what they can afford, to make it affordable we have to come up with this scheme which ensure that the average person, the low income household or individual are able to afford and live in a decent accommodation.” According to him, there are a lot of NGOs doing stuffs in the health sector, education, environment, sports etc, which are good; we don’t have problems with that, but no one is looking at this all critical sector.

“We think it’s time we began to look at the rate at which Nigerians are becoming homeless; Nigerians are living in houses that are not conducive for human habitation.” He noted that the association believes that having a decent accommodation is a right not a privilege. “Accommodation is a right and not a privilege. Everyone should live in a decent accommodation. How can we talk about living in a decent accommodation when an average person living on the minimum wage earns N18, 000 per month. “How can such a person afford to live in a decent accommodation? Going by that the current situation in our environment, many people will not be able to own a property in their life time neither lives in a decent accommodation, because the so call minimum wage that the government is offering cannot even sustain the feeding need of an average family.” He further explained that, Article 25, Subsection 1 of the Universal Declaration of Human Right of the United Nation says, “Everyone has a right to a standard of living, adequate to the health and wellbeing of himself and of his family including school, clothing, housing, medical care and basic social services, and the right to security at the event of unemployment or old age and lack of livelihood in circumstances beyond their control.

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

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

TUESDAY SEPTEMBER 20, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

NewYork, New Jersey Bombings: Suspect Wounded, Arrested after Shootout Ahmad Khan Rahami, the man suspected in bombings in New York and New Jersey, has been arrested after a shootout with police, sources said. Two officers have been hit in the shootout with Ahmad Khan Rahami in Linden, New Jersey, the mayor of the nearby city of Elizabeth said. One officer’s vest was struck, and the other was shot in the hand. The shootout happened Monday in Linden, New Jersey. Rahami was taken to an ambulance in a stretcher with his right shoulder bloodied and bandaged. Ahmad Khan Rahami, the man wanted for questioning in connection with bombings in New York and Seaside Park, New Jersey, is also believed to be connected to the

pipe bombs found in a backpack Sunday night in Elizabeth, New Jersey, sources said. New York police announced earlier that they have been looking for Rahami for questioning in connection with the Saturday bombing in Manhattan’s Chelsea neighborhood, which injured 29 people. Bombings in New York and New Jersey over the weekend -- as well as the discovery of several unexploded devices -- have led authorities to believe there may be a terror cell at work in those two states, law enforcement officials told CNN Monday. Earlier Saturday, a garbage can exploded near the starting line of a Marine Corps charity run in Seaside Park, New Jersey. And

on Sunday night, a backpack with multiple bombs inside was found in Elizabeth, New Jersey. As authorities tried to investigate, one of those bombs exploded. The series of attacks come as New York hosts world leaders at the United Nations General Assembly this week. Officials want to question Ahmad Khan Rahami because they believe he is the man seen in surveillance videos rolling a duffel bag near the scene of the

bombing in Chelsea, according to multiple officials. The FBI described Rahami as a naturalized U.S. citizen of Afghan descent with a last known address in Elizabeth, New Jersey -- the same city where an explosives-laden backback was found Sunday night. Rahami is about 5 feet, 6 inches tall and weighs about 200 pounds. Rahami has brown hair, brown eyes and brown facial hair. New York Governor Andrew Cuomo said on Monday that the bombs

found over the weekend have similarities, suggesting “there might have been a common linkage.” He said the investigation is ongoing, and he “wouldn’t be surprised if it zeroes in on a particular individual, today even,” and he “wouldn’t be surprised if we found a foreign connection to the act.” A federal law enforcement official said BBs and ball bearings were among the pieces of metal that appeared

to be packed into two pressure cooker bombs in New York. One of those devices exploded on 23rd Street, but the fact that it was partly under a metal trash container may have diminished the force of the blast. Surveillance videos showed the same man near the site of the explosion in Chelsea and where a pressure-cooker device was found four blocks away, several local and federal law enforcement sources told CNN.

China Accuses Japan of Confusing South China Sea Situation China yesterday accused Japan of trying to “confuse” the situation in the South China Sea, after its neighbor said it would step up activity in the contested waters, through joint training patrols with the United States. Ties between Asia’s two largest economies have long been overshadowed by arguments over their painful wartime history and a territorial spat in the East China Sea, among other issues. China has repeatedly denounced what it views as interference by the United States and its ally Japan in the South China Sea. Japan will also help build the capacity of coastal states in the busy waterway, its defense minister said last week during a visit to Washington. Chinese Foreign Ministry spokesman Lu Kang said countries in the region had reached a consensus that the South China Sea issue should be resolved through talks between the parties directly involved, and that China and Southeast Asian countries should jointly maintain peace and stability there.

“Let’s have a look at the results of Japan’s throwing things into disorder over this same time period ... trying to confuse the South China Sea situation under the pretence of (acting for) the international community,” Lu told a daily news briefing, when asked about Japan’s announcement. Japan’s actions have simply pushed other countries away from it, and it has failed to compel other nations to see its point of view, he added. “China is resolute in its determination to protect its sovereignty and maritime interests,” Lu said. China claims almost all of the South China Sea, through which ships carrying about $5 trillion in trade pass every year. Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims in the sea, which is also believed to be rich in energy resources and fish stocks. In July, an arbitration court in the Hague said China’s claims to the waterway were invalid, after a case was brought by the Philippines. Beijing has refused to recognize the ruling.

France Needs More Resources to Fight Terrorism, Says Hollande French President Francois Hollande said yesterday that more resources were needed to combat terrorism in a country where more than 230 people have been killed in militant attacks since the start of 2015. Hollande, who has said in the past that anti-terror measures took precedence over spending cutbacks to meet targets reducing the public deficit, made his comments at a commemoration ceremony for victims of attacks. “We must ensure that the action taken is sustained and here I am talking about all the measures taken to foresee attacks, deter them and stop them. It’s a constant battle and will need still more

resources than those I have called for,” Hollande said. Islamist militants killed 17 people including journalists from the satirical Charlie Hebdo newspaper in January, 2015. Coordinated attacks claimed by Islamic State killed 130 in Paris last November and a man who drove a truck into crowds in Nice in July killed 86. Other attacks have included the killing of a policeman and his partner as well as a priest this summer. France has been under emergency law since the Paris attacks. Hollande’s government has stepped up hiring of police and put thousands of extra police and soldiers on the streets to protect sensitive sites.

BOMBING SITE

A view of a mangled dumpster at the site of an explosion that occurred in the Chelsea neighborhood of New York…weekend

Device Explodes Near New Jersey Station An explosive device left near a train station in Elizabeth, New Jersey, blew up early yesterday when a bomb squad robot cut a wire on the mechanism, one of as many as five potential bombs found at the site, officials said. \No one was injured in the blast that followed a series of attacks in the United States over the weekend, including a Saturday night bombing that hurt 29 people in Manhattan. The device in Elizabeth, a city south of Newark, had been left in a backpack placed in a trash can near a train station and a bar, Mayor Christian Bollwage told reporters. As many as five potential explosive devices tumbled out of

the backpack when it was emptied, Bollwage said. After cordoning off the area, a bomb squad used a robot to cut a wire to try to disable the device, but inadvertently set off an explosion, he said. “I can imagine that if all five of them went off at the same time, that the loss of life could have been enormous if there was an event going on,” Bollwage said. Bomb technicians from the Federal Bureau of Investigation, Union County and New Jersey were involved in the operation that resulted in the detonation of the object, one of multiple explosive devices at the site, the FBI confirmed on Twitter.

Bollwage said it was unclear whether Elizabeth, a city with a population of nearly 130,000 people that is less than 15 miles (24 km) southwest of Manhattan, was targeted or if the backpack might have been discarded to elude investigators. Authorities early on Monday were working to remove the other devices found in the backpack, Bollwage said. Late on Saturday, a powerful explosion rocked Manhattan’s popular Chelsea neighborhood when a pressure-cooker bomb packed with shrapnel detonated. A similar unexploded device was found a few blocks away later that

night. The Chelsea blast followed a pipe bomb explosion on Saturday morning along the route of a running race in the New Jersey beach town of Seaside Park. No one was injured in that blast. The backpack in Elizabeth was discovered on Sunday evening by two men scavenging trash who reported the package to police after seeing “wires and a pipe,” Bollwage said. Authorities have not indicated whether their investigation has revealed any link between the devices found in Elizabeth and the explosions in Manhattan or Seaside Park.

‘Turkey-backed Rebels Could Push Further South in Syria’ Turkey-backed rebels may extend their zone of control in northern Syria by pushing south and were now focused on heading toward the Islamic State-held town of al-Bab, Turkish President, Tayyip Erdogan, said yesterday. Speaking at a news conference before departing for New York where he is due to address the United Nations General Assembly, Erdogan said Turkey’s “safety zone” in the region could eventually span an area of 5,000 square kilometers

(1,930 square miles). Turkey last month launched its operation in northern Syria, dubbed “Euphrates Shield”, aimed at clearing Islamic State from Turkey’s Syrian border and stopping the advance of Syrian Kurdish fighters. So far, Turkey has secured a narrow strip of land along its border. “As part of the Euphrates Shield operation, an area of 900 square kilometers has been cleared of terror so far. This area is pushing south,” Erdogan said.

“We may extend this area to 5,000 square kilometers as part of a safe zone.” Turkey has long argued for the need for a “safe zone” or a “no-fly” zone along its Syrian border, with the aim of clearing out Islamic State and Kurdish fighters and of stemming a wave of immigration that has caused tension in Europe. But Western allies have so far balked at the idea, saying it would require a significant ground force and planes to patrol, marking

a major commitment in such a crowded battlefield. Erdogan also said the Turkeybacked rebels - a group of Syrian Arabs and Turkmen fighting under the loose banner of the Free Syrian Army - were now targeting the Islamic State-held town of al-Bab. “Jarablus and al-Rai have been cleansed, now we are moving towards al-Bab... We will go there and stop (Islamic State) from being a threat to us,” he said.

TUESDAY SEPTEMBER 20, 2016 • T H I S D AY

INTERNATIONAL

Suspected Killer of UK Lawmaker to Be Denied Medical Defense The man accused of murdering a member of parliament, Jo Cox, in the run-up to Britain’s June EU referendum vote will not present a defense case based on medical evidence, a London court heard yesterday. Thomas Mair, 52, is accused of shooting and stabbing Cox, of the opposition Labour Party, as she arrived for a meeting with residents in the northern English town of Birstall, part of her electoral district.

A 77-year-old man who came to her aid was also stabbed. At London’s Old Bailey court, defense lawyer Nelson Cairns said Mair’s case would not run a medical defense. That could involve arguments such as, for example, that he had diminished responsibility due to a medical condition. The murder of Cox, a 41-year-old mother of two young children and former aid worker, occurred just a

week before the referendum on whether Britain should remain in the EU. The killing of the pro-EU lawmaker horrified Britain and led to the

decades of civil war fueled by ethnic divides and disputes over oil. The border, regularly crossed by traders and pastoralists, was closed after the 2011 split and only re-opened last January. Speaking to state media on Sunday, Kamal Ismail, a minister of state in the foreign ministry, said that South Sudan had pledged to expel the militant groups

Switzerland and the European Commission said yesterday that they had come closer to agreeing a

within 21 days during a visit last month. Khartoum would re-seal the border if its neighbor did not meet this promise, Ismail said. The position of the border, particularly in the contested Abyei area, has been a constant source of tension, as has the legal status of southerners left living in the north and vice versa.

Libyan Forces Renew Push against Islamic State Libyan forces allied with the U.N.-backed government on Sunday battled Islamic State militants in their last hideouts in the city of Sirte, in a renewed push after a break in fighting for the Muslim celebrations of Eid. At least two were killed in clashes after pro-governnment forces shelled neighbourhoods inside the city, targeting militants who have been holding on in a last section of Sirte after months of street-to-street fighting. U.S. air strikes and helicopter raids along with small teams of Western special forces have helped the Libyan troops advance in Sirte and losing the city would be a major blow for the militant group depriving it of its North African stronghold. “Our forces targeted on

Sunday hideouts of Daesh in Neighbourhood No.3’s 600 block area and Geza Bahriya with heavy artillery shelling,” said Mohamed Ghasri, a spokesman for the forces, said using an Arabic term for militants. Akram Gliwan, a spokesman for Misrata central hospital, told Reuters two fighters had been killed and six more were wounded and were brought to the hospital. Mostly from Misrata city, 230 km (145 miles) to the north west, the government-allied forces say some commanders from Islamic State and fighters may have escaped and fled south or to the Tunisia border before Sirte was encircled. But Ghasri said two Islamic State command-

ers, Hassan Karami and Walid Ferjani, had been killed in fighting inside the city, without giving details. Misrata commanders have said in the past Karami had been killed, but they have not indicated whether any body had been positively identified with DNA. Western governments are supporting the U.N.-backed government in Tripoli as the best option to bring together Libya’s rival armed factions to stabilise the country, end Islamist State threats and stop illegal migrant smugglers. But it has faced opposition from hardliners, especially in the east, where Gen. Khalifa Haftar has been carrying out his own campaign against militants in Benghazi. Haftar’s forces a week ago took control of major oil ports.

8 Killed as Protests Turn Violent in Congo Congolese police and anti-government protesters clashed in the capital Kinshasa yesterday, killing at least eight people including three policemen, during a march against President Joseph Kabila’s perceived bid to extend his mandate. Police spokesman Colonel Pierre Mwanamputu put the toll at eight dead, including three police officers. At least two of them were burned, he said, and five civilians also died. The protest attended by thousands came amid growing local and international pressure

on Kabila to step down when his mandate legally ends in December. The opposition accuse him of plotting to extend his tenure by delaying elections that were meant to happen in November until at least next year. His supporters deny the charge. Earlier a Reuters witness saw a crowd burning the body of a police officer in the suburb of Limete in an apparent act of retaliation against police gunfire. Georges Kapiamba, director of local NGO the Congolese Association For

to tr aitor s, freedom for Britain”. He is charged with murder, causing grievous bodily harm and possession of a gun and a

knife. He is due to enter a plea on Oct. 4 and his trial, which is being handled under terrorism protocols, is scheduled to start on November 14.

Switzerland, EU Closer on Immigration Deal

Sudan Threatens to Close Border with South Sudan Sudan said on Sunday it would close its border with South Sudan within days if its neighbor did not expel militant groups, the government told state media. Sudan regularly accuses its neighbor of backing insurgents in the Darfur, Blue Nile and South Kordofan regions that run along its southern border. South Sudan split away from Sudan in 2011 after

suspension of campaigning for several days. At a court he aring s ho rtly a f ter his arre s t, Mair said his name w as “death

Access to Justice, said that security forces shot dead seven protesters. Demonstrations also took place in other parts of the country, including Goma, Bukavu, and Beni, he added. Dozens of people died in similar protests against Kabila last year. The vast, mineral-rich central African country has never experienced a peaceful transition of power. Donors fear growing political instability could morph into armed conflict in a country plagued by militias, especially in its lawless eastern regions.

deal on Swiss efforts to curb immigration while preserving its access to the EU single market, and scheduled further talks next month. Brussels insists on free movement of people as a condition for neutral Switzerland’s joining the common market under bilateral accords. The arrangement has been put at risk by a Swiss referendum in 2014 demanding immigration quotas, which requires a law to be in place by February. While both sides said any deal still needed work, Commission President Jean-Claude Juncker told reporters after meeting Johann SchneiderAmmann that he could live with a Swiss compromise proposal that would give hiring preference to local people, as long as this was agreed mutually with the EU. “This will be possible without a doubt,” he said,

although he added he did not want to meddle in the Swiss political process and said open questions remained. Still, he added: “After this talk, I am more optimistic than I was in recent weeks. Everything is going in the right direction.” Schneider-Ammann said he was encouraged by the discussion.”We need a solution both sides can say ‘Yes’ to. I am confident we can do it,” he said. Any accord will be scrutinised for potential hints of what Britain might expect after its vote in June to leave the bloc, in large part to be able to limit immigration from the EU that critics say has put pressure on jobs, social services and schools. Juncker acknowledged the issues were interlinked, calling Britain’s Brexit vote “another element adding to the difficult issues we have to discuss with our

Swiss friends”. The Commission, which faces years of similar negotiations on migration rules with Britain, has shown little inclination to accommodate Switzerland or budge from insistence the Swiss respect free movement rules or lose trade benefits. Many in Brussels believe that any compromise with Switzerland would heighten demands from Britain. Switzerland skirted a direct clash over immigration curbs this month when a parliamentary panel rejected the government’s threat to impose unilateral quotas on foreigners next year in favour of the compromise. The lower house addresses on Wednesday the plan to give local people hiring preference as a way to ease pressure on domestic job markets without infringing too much

T H I S D AY •TUESDAY,SEPTEMBER 20, 2016

BUSINESS/MONEYGUIDE

CBN Moves to Prevent Banks’ Exposure on e-Payment Solutions Obinna Chima The Central Bank of Nigeria (CBN) said it has observed the growing exposure of banks on payment solutions service providers’ (PSSPs) platform, due to operational failures. Therefore, in furtherance of its responsibility for effective oversight of the payment system, and the need to address the issue, the banking sector regulator in a circular on the “Prevention of Exposures to Banks through Payment Solution,” signed by the Director, Banking and Payment System Department, Mr. Dipo Fatokun, directed that all banks and payment solution service provider, for the purpose of payments under the Guidelines on Electronic Payment of Salaries, Pensions, Suppliers and Taxes in Nigeria, should give values to customers after settlement at T+1. It however pointed out that there are exceptions that would necessitate instant value to

customers where the paying organisation and/or sending banks pledge collateral against their transactions, for which they require instant value to customers “The payment solution service provider’s scheme operates a scheme collateral arrangement, which is adequate to offset irrecoverable exposures in the event of any shortfall of such collateral arrangement, the shortfall be borne by the payment solution service provider. All payment solution providers should ensure implementation of adequate system exceptions monitoring tools, including alerts, to aid banks in detecting anomalies that could lead to exposures. “All payment solution service providers shall jointly determine with participating banks, ICT resource capacity planning for banks’ transaction levels. In addition, banks and PSSPs shall endure that their systems are not overstretched by the level of transactions being supported, by

providing necessary headroom for all critical ICT resource used in facilitating payment services,” a copy of the circular which was posted on the central bank’s website explained.Some of the report’s findings included: The majority of countries that have sustained a rapid transition out of poverty diversified their economies and advanced their agricultural sectors; creating rural jobs is now just as important as spurring growth; rural transformation is an integral part of a country’s economic development; agriculture remains vital for economic development regardless of the stage of structural transformation, among others. Some of the report’s regional findings included that Bolivia, Colombia, Ecuador, Mexico and Uruguay reduced rural income inequality, even as it increased in most Central American countries partly due to targeted government cash transfers.

NNFM Strengthens Local Content The Chairman of the Flour Mills Nigeria Group (FMN), Mr. John G. Coumantaros has unfolded the Group’s plan and strategy to make Northern Nigeria Flour Mills (NNFM) Plc Kano, a subsidiary company of Flour Mills, a hub for the processing and distribution of locally sourced grains which in Kano, Jigawa, Katsina, Kebbi, Kaduna, Bauchi and other states in the northern part of Nigeria. He said the thrust of the new strategic direction is to further assist our local farmers in creating wealth while adding greater value to their output. This will undoubtedly bring immense benefits to the rural populace in terms of job creation, economic empowerment and improved social welfare. The plan, which was unveiled by Coumantaros in Kano during the recently concluded 44th Annual General Meeting of NNFM, is a key feature of the Group’s food import substitution efforts and commitments aimed at boosting food sufficiency and

security in Nigeria with an initial focus on local grains such as maize, soyabean, sorghum and wheat. These efforts will complement FMN Group’s Backward Integration Programs in cassava, maize, rice, soybean, sugar and palm oil value chains; which are all now producing significant amounts of raw material to supplement our local crop aggregation efforts. In furtherance of this goal, NNFM, he said had made significant investments to convert some of its wheat mills into maize mills with an annual capacity of 100,000 metric tonnes. The conversion has started generating positive results. Two new products, ‘Masavita’ and ‘Masaflour’ were re-introduced to the market. With good commercial efforts and riding on the reputation of the Group’s flagship– Golden Penny brand - the two new products gained rapid market acceptance resulting in a dramatic upsurge in demand for maize with significant benefits

to the Nigerian farmers. NNFM also took another giant stride towards enhancing local content during the year, when it commenced the installation of a sorghum mill which will produce flour from locally grown sorghum for inclusion into wheat flour products, an investment of about NGN 5 Billion (US$15 million) with an annual capacity of 100,000 mt, saving an estimated US$ 25 million in Foreign Exchange annually in foreign exchange demand.There are high expectations that the investment will boost the company’s profitability in the coming years to the delight of all stakeholders. The sorghum kilning and milling process which will be ready for commissioning during the first quarter of 2017 will evidently enhance the usage and consumption of local grains thereby creating jobs and stimulating economic activities in the rural areas.

Sterling Bank Holds MSME Academy Workshop in Ibadan Small business owners in Ibadan, the largest city in Africa will convene at Ibadan from a September 21 to 22, 2016, for the first phase of a four-day micro, small, and medium scale enterprises (MSME) workshop organised by Sterling Bank Plc. The second phase would hold at the same venue from September 28 to 29, 2016. The bank had organised similar workshops in Lagos, Port Harcourt, Kaduna and Onitsha with over 300 MSME members trained. Similar

workshop was also organized last month for members of the Lagos Chapter of the Nigerian Association of Small & Medium Enterprises (NASME). The bank in a statement explained that the workshop would provide participants with the opportunity to fully appreciate the concept of entrepreneurship. “Participants will be well positioned to enhance their managerial capacity and well equipped to navigate the challenging operating environment”, the statement added.

The bank said the programme will cover Basic Accounting Skills, Customer Service and Team Building, Sales and Marketing, Essentials of Business Plans and Human Resources Management among others. Its Group Head, Strategy & Communications, Mr. Shina Atilola had in previous communication on the workshop explained that the Bank would be anchoring a series of workshops for MSME operators in various states nationwide.

Bank of Ghana Holds Interest Rates Ghana’s inflation will fall faster towards government targets than expected, the head of the central bank said on Monday, raising prospects of a cycle of interest rate cuts as it held benchmark borrowing costs at 26.0 percent. Inflation much higher than in comparable African economies,

has dogged Ghana for years, a symptom of a broader economic crisis that emerged in 2013 with falling commodity prices, forcing the government to seek financing from the International Monetary Fund, which prescribed an austerity programme last year. While Ghana’s broad measure

of consumer price inflation rose to 16.9 percent in August, having dropped from 19.2 percent since March, Reuters quoted the Bank’s Governor AbdulNashiru Issahaku, to have said core inflation - which excludes energy and utility prices - had continued to fall.

Broad street

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

JUNE 2016 Broad Money (M2)

21,684,965.22

-- Narrow Money (M1)

9,125,933.16

---- Currency Outside Banks

1,379,187.93

---- Demand Deposits

7,746,745.22

-- Quasi Money

12,559,032.07

Net Foreign Assets (NFA)

7,105,663.47

Net Domestic Assets(NDA)

14,579,301.76

-- Net Domestic Credit (NDC)

24,318,143.03

---- Credit to Government (Net)

2,893,190.01

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

2,893,190.01

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

-2,111,487.25

---- Credit to Private Sector (CPS)

21,424,953.01

--Other Assets Net

-9,738,841.27

Reserve Money (Base Money)

5,370,199.87

--Currency in Circulation

1,684,725.89

--Banks Reserves

3,685,473.98 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

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

OPEC DAILY BASKET PRICE AS AT FRIDAY 16, SEDPTEMBER 2016 The price of OPEC basket of fourteen crudes stood at $41.74 a barrel on Friday, compared with $41.67 the previous day, according to OPEC Secretariat calculations. The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

Nigeria’s top 50 stocks based on market fundamentals

19-Sep-16

16-Sep-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

Table 1 Market Statistics Mkt Indicators

01 Dangote Cement Plc

176.21

176.06

0.09%

3,002,707,809,835.05

9.56

18.41

5.54

4.54%

4.41

02 Nigerian Breweries Plc

143.36

145.00

-1.13%

1,136,715,903,303.68

4.50

32.25

3.84

2.48%

7.06

03 Guaranty Trust Bank Plc

27.10

27.05

0.18%

797,584,956,970.40

4.20

6.44

2.22

6.54%

1.76

825.00

826.00

-0.12%

653,941,407,900.00

19.41

42.56

3.95

3.51%

18.61

05 Zenith Bank Plc

14.53

14.50

0.21%

456,191,054,710.58

3.10

4.68

1.09

12.41%

0.73

06 Lafarge Africa Plc

Table 3 Top 5 Gainers

56.26

56.00

0.46%

256,258,775,830.60

-6.71

-8.35

1.15

5.36%

1.82

Stock

07 Ecobank Transnational Incorporated

11.50

0.00%

211,019,838,972.50

0.23

50.05

0.39

5.39%

0.35

08 Forte Oil Plc.

155.35

161.01

-3.52%

202,340,439,351.05

4.22

38.15

1.42

2.14%

4.89

09 Seplat Petroleum Dev. Co. Ltd

326.00

0.00%

180,379,162,038.00 -14.43

-22.59

1.93

4.88%

0.48

10 Presco Plc

45.00

0.00%

178,671,467,025.00

0.54

83.90

2.57

2.89%

4.37

11 Unilever Nigeria Plc

46.01

46.00

0.02%

174,069,460,462.50

0.46

99.48

2.86

0.11%

19.54

5.56

0.00%

160,839,522,268.36

2.56

2.17

0.47

9.89%

0.38

13 Stanbic IBTC Holdings Plc

15.50

0.00%

155,000,000,000.00

2.04

7.61

1.31

0.65%

1.38

14 United Bank for Africa Plc

4.21

4.20

0.24%

152,736,805,815.62

1.66

2.53

0.48

14.29%

0.37

15 Guinness Nig Plc

100.00

100.01

-0.01%

150,588,818,800.00

3.70

27.05

1.33

0.00%

3.39

16 FBN Holdings Plc

3.08

2.95

4.41%

110,557,501,799.36

0.30

9.68

0.21

5.08%

0.17

17 7-Up Bottling Comp. Plc

139.15

146.45

-4.98%

89,138,149,011.45

3.75

39.07

1.05

1.50%

3.64

18 Total Nigeria Plc

262.50

250.00

5.00%

89,124,482,212.50

31.13

8.03

0.35

5.60%

4.02

19 Dangote Sugar Refinery Plc

6.58

0.00%

78,960,000,000.00

1.05

6.26

0.66

7.60%

1.33

20 International Breweries Plc

19.85

20.00

-0.75%

65,390,848,208.00

0.17

114.65

2.64

1.25%

5.34

171.00

170.00

0.59%

61,661,789,802.00

17.69

9.61

0.74

4.24%

3.57

5.09

5.10

-0.20%

61,256,210,170.46

-3.46

-1.47

0.33

14.71%

0.44

23 Julius Berger Nig. Plc

39.44

0.00%

52,060,800,000.00

0.24

162.91

0.50

3.80%

2.32

24 Flour Mills Nig. Plc

19.09

0.00%

50,096,687,899.83

6.81

2.80

0.13

10.48%

0.50

1.09

1.04

4.81%

42,205,887,193.25

-0.37

-2.79

0.89

0.00%

0.53

26 U A C N Plc

21.78

21.00

3.71%

41,836,426,348.86

2.44

8.61

0.56

4.76%

0.55

27 Okomu Oil Palm Plc

36.00

0.00%

34,340,760,000.00

4.60

7.83

2.79

0.28%

2.21

1.02

1.01

0.99%

29,366,226,488.52

0.31

3.27

0.28

8.91%

0.35

29 Cadbury Nigeria Plc

14.20

13.80

2.90%

26,670,468,968.00

0.83

16.71

0.94

9.42%

2.08

30 Diamond Bank Plc

1.13

1.15

-1.74%

26,171,239,533.84

0.11

10.42

0.13

0.00%

0.12

31 Fidelity Bank Plc

0.90

0.89

1.12%

26,066,327,122.80

0.39

2.28

0.18

17.98%

0.14

32 Wema Bank Plc

0.64

0.63

1.59%

24,687,658,291.84

0.06

9.99

0.49

0.00%

0.52

33 Glaxo Smithkline Consumer Nig. Plc

19.60

0.00%

23,439,179,164.80

-2.54

-7.72

0.80

1.53%

2.57

34 Custodian And Allied Insurance Plc

3.95

3.94

0.25%

23,233,363,570.25

0.76

5.19

0.69

3.55%

0.83

33.00

0.00%

23,100,000,000.00

2.36

13.99

3.33

3.48%

15.82

36 Mansard Insurance Plc

2.04

2.05

-0.49%

21,420,000,000.00

0.27

7.55

1.12

2.44%

1.02

37 National Salt Co. Nig. Plc

8.00

8.20

-2.44%

21,195,507,024.00

0.89

9.26

1.20

6.71%

3.15

38 FCMB Group Plc

1.00

0.00%

19,802,710,781.00

0.61

1.63

0.12

10.00%

0.11

39 PZ Cussons Nigeria Plc

18.07

19.50

-7.33%

18,070,000,000.00

4.14

4.71

1.47

0.51%

0.58

40 Honeywell Flour Mill Plc

1.41

0.00%

11,181,578,697.78

-0.40

-3.49

0.23

11.35%

0.68

41 Continental Reinsurance Plc

0.99

0.97

2.06%

10,269,016,868.88

0.33

2.95

0.49

12.37%

0.52

42 Skye Bank Plc

0.66

0.63

4.76%

9,160,998,930.60

-2.93

-0.21

0.05

47.62%

0.08

43 Unity Bank Plc

0.73

0.70

4.29%

8,533,216,697.66

0.54

1.29

0.13

0.00%

0.10

44 Cement Co. Of North.Nig. Plc

6.00

0.00%

7,540,066,596.00

0.44

13.54

0.68

1.67%

0.70

45 Wapic Insurance Plc

0.50

0.00%

6,691,369,126.00

0.11

4.62

0.88

6.00%

0.43

46 UACN Property Development Co. Limited

3.40

0.00%

5,843,749,983.00

-0.05

-65.21

1.73

20.59%

0.16

47 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

48 Nigerian Aviation Handling Company Plc

3.33

3.18

4.72%

5,408,648,437.50

0.15

20.62

0.64

6.29%

0.83

49 AIICO Insurance Plc

0.62

0.00%

4,296,726,777.60

0.26

2.38

0.13

8.06%

0.45

50 Fidson Healthcare Plc

1.53

1.61

-4.97%

2,295,000,000.00

0.31

5.25

0.36

3.11%

0.38

04 Nestle Nigeria Plc

12 Access Bank Plc

21 Mobil Oil Nig Plc 22 Oando Plc

25 Transnational Corporation Of Nigeria Plc

28 Sterling Bank Plc

35 Cap Plc

TOTAL

9,005,782,885,191.12

TOTAL MARKET CAP

9,563,174,186,549.98

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

94.17%

NSE All Share Index NSE Market Cap (N'Trillion) Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Open 16-Sep-16

Close 19-Sep-16

Change %

27,858.48 9.57

27,839.93 9.56

-0.07% -0.07%

115.75 9.01

115.66 9.01

-0.08% -0.08%

Open Close Change % 16-Sep-16 19-Sep-16

Total Nigeria Plc Transnational Corporation Of Nigeria Plc Skye Bank Plc Nigerian Aviation Handling Company Plc FBN Holdings Plc

250.00 1.04

262.50 1.09

5.00% 4.81%

0.63 3.18

0.66 3.33

4.76% 4.72%

2.95

3.08

4.41%

Table 4 Top 5 Losers Stock

Open Close Change % 16-Sep-16 19-Sep-16

PZ Cussons Nigeria Plc 7-Up Bottling Comp. Plc Fidson Healthcare Plc Forte Oil Plc. National Salt Co. Nig. Plc

19.50 146.45 1.61 161.01 8.20

18.07 139.15 1.53 155.35 8.00

-7.33% -4.98% -4.97% -3.52% -2.44%

Trading week starts bearish as ASI drops 0.07% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, September 19th, 2016 ended on a bearish note as the stock market closed red today. This was further highlighted by negative performances from the NSE Sub sectors: Consumer Goods (Save Banking, Insurance and Oil & Gas). Trading activities increased in volume as 328.20 million shares worth N2.89 billion in 3,215 deals exchanged hands today. This is an increase from the 228.93 million shares worth N2.11 billion in 3,617 deals which exchanged on Friday. Topping in volume terms was FBN Holdings Plc, Access Bank Plc and United Bank for Africa Plc while Guaranty Trust Bank Plc and Access Bank Plc ended trading as the most active stocks in value terms. The All Share Index (NSEASI) closed negative with a 0.07% (-18.55) decrease to close at 27,839.93 from 27,858.48 the previous trading day. Market Capitalization depreciated in tandem to N9.56 trillion from N9.57 trillion of prior trading day. Similarly, the Thisday BGL 50 Index followed suit with a decrease of 0.08% to close at 115.66 from 115.75 recorded at the end of the previous trading day, while its market capitalization stood at N9.01 trillion from N9.01 trillion of the previous trading day. A total number of 27 stocks gained on the bourse today while 18 stocks declined, 46 leaving stocks unchanged. Total Nigeria Plc emerged as the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 5.00% to close at N262.50 per share. It was followed by Transnational Corporation Of Nigeria Plc with a gain of 4.81% to close at N1.09 per share. Others on the gainers list include: Skye Bank Plc, Nigerian Aviation Handling Company Plc and FBN Holdings Plc, while on the decliners’ list; PZ Cussons Nigeria Plc led with a loss of 7.33% to close at N18.07 per share. It was followed by 7-Up Bottling Comp. Plc with a loss of 4.98% to close at N139.15 per share. Others on the decliners list include: Fidson Healthcare Plc, Forte Oil Plc and National Salt Co. Nig. 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,SEPTEMBER 20, 2016

MARKET NEWS

Helios Investment to Acquire Oando Gas & Power for $115.8m Goddy Egene and Nosa Alekhuogie Oando Plc has executed a definitive agreement with a vehicle owned by funds advised by Helios Investment Partners LLP, a premier Africa-focused private investment firm, to acquire 49 per cent of the voting rights in Oando’s midstream business subsidiary, Oando Gas and Power Limited (OGP).

In a notification to the Nigerian Stock Exchange (NSE), Oando said the agreed transaction consideration of $ 115.8 million is conditional upon the receipt of regulatory approvals and subject to customary purchase price adjustments. Upon completion, Oando will retain 49 per cent of the voting rights in OGP, while the residual two per cent will be held by a local entity.

Speaking about the agreement, Group Chief Executive of Oando Plc, Adewale Tinubu said: “This strategic alliance will firmly leverage our local knowledge and expertise alongside Helios’ strong financial capabilities. Through the optimisation of our existing business operations and the expansion of our footprint, we will revolutionise the sector and position gas as a key driver for Nigeria’s economic empowerment.

We look forward to completing the transaction, which will create a formidable leader of gas and power solutions in sub-Saharan Africa.” Also speaking on the development, the Co-founder and managing partner of Helios Investment Partners, Tope Lawani added: “This transaction is consistent with Helios’ strategy of investing in businesses that provide cost effective and reliable energy ac-

cess solutions. We look forward to supporting OGP’s continued growth and working with all stakeholders to improve the reliability of gas supply to the company’s numerous industrial customers, who all play a critical role in the growth of the economy.’’ OGP is the pioneer developer of Nigeria’s foremost natural gas distribution network and has subsequently grown to become the largest private sector gas

distributor in Nigeria, delivering at peak, 70 million standard cubic feet per day to over 175 industrial and commercial customers via its vast gas infrastructure network. With over 260 kilo metres in pipeline infrastructure built, OGP provides unique energy solutions primarily through its subsidiaries: Gaslink Nigeria Limited, Gas Network Services Limited and Central Horizon Gas Company.

DAILY STOCK MARKET REPORT T H E

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TUESDAY SEPTEMBER 20, 2016 • T H I S D AY

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Buhari, Osinbajo Make Case for State Police Sheriff Balogun in Abeokuta President Muhamadu Buhari yesterday made case for state or community policing to tackle the internal security challenges facing the country. President Buhari made the call in Abeokuta at the 20th memorial service of the first female industrialist in Nigeria and third Iyalode of Egbaland, Mrs Esther Bisoye Tejuoso.

He was represented by the Secretary to the Government of the Federation(SGF), Babachir Lawal. Buhari rued that the Nigerian Police has not been able to “resolve” the puzzle behind the murder of the matriarch of Tejuoso dynasty 20 years after her killing. He therefore, called on Nigerians to be more committed to the “unity, security and progress” of

Itire: LASG Denounces Purported Restriction of Movement

the country. Buhari said the enduring and honest legacies of the nation’s past heroes should inspire the rest of the living to be dedicated to progress and salvage Nigeria from from the current economic recession. He described Bisoye as a “mentor and shinning light” to many, saying if the nation’s past leaders had the kind of “foresight, uprightness and magerial skills” the late female industrialist had, Nigeria probably would not be having the current economic trauma. He said the legacies of the third Iyalode of Egbaland is a “reference point for Nigeria,” adding that her “midas touch

is needed today” to also get the country’s economy back on the right track. “If our leaders had demonstrated the foresight, uprightness and managerial skills of Chief Bisoye Tejuoso our economy would have been better. “Our past leaders refused to save and diversify the economy. Chief Bisoye Tejuoso’s success story in business can serve as a roadmap on how we can come out of recession... “She rewarded excellence and merit. She was a true heroin and a woman of courage. Her life should propel us to dedicate our lives more to the unity, progress and security of our

country,” the President said. Mrs. Tejuoso, mother of a prominent Egba traditional ruler, Oba Adedapo Tejuoso, was said to have been assassinated by 10 gunmen in her Lagos home on the September 19, 1996. However, Vice-President Yemi Osinbajo who recalled how the late industrialist gave him N12,000 in 1984 when his rented apartment in Lagos was gutted by fire, said Nigeria with a population of about 170million people cannot be adequately policed from Abuja Central Command. According to him, “state police or something like community policing is the way to go” to tackle the nation’s security

challenges. Osinbanjo revealed that while there are less than 15,000 cases of conviction in Nigeria regarding criminal offences, they have 2.2million convicted criminals behind bars in the United States of America. He said by that data on convicted criminals, it is either Nigeria has “more well behaved citizens or there is something wrong with the criminal justice system in the country.” The vice-president, however, said that the administration justice in Nigeria must be properly looked into while the police should also deploy hitech to investigate and unravel crimes and their perpetrators.

Says it is an act of illegality The Lagos State Government has denounced the purported restriction of movement announced in Itire on Sunday night as part of traditional rites on the demise of Onitire of Itire, Oba Lateef Abayomi Akanbi Dauda, describing it as act of illegality. According to a statement issued yesterday by the Secretary to the State Government (SSG), Mr. Tunji Bello, the state government condemned the action of declaring a curfew without due consultation with the state government before making the statement public. He added that no individual or group has the right to infringe on the rights of citizens to freedom of movement and association as enshrined in the constitution of the Federal Republic of Nigeria. Bello noted that the state government is alive to its core responsibilities of protecting the citizens and is collaborating with security agencies to put in place measures that will guarantee safety of lives and property of its citizens in every part of the state. The statement added: “While

the state government commiserates with the royal family, Onitire chieftaincy family council and the entire people of Itire over the demise of the monarch and our highly revered tradition and customs, it would not condone any act that tends to infringe on the right of its citizens which it has sworn to protect. “The state government is saddened by the demise of our ever-supportive Oba, but wish to assure that government will not fold its arms and allow a few individual or group of people to deny other citizens of their right to movement or commune anywhere around the state.” He added that the state government was collaborating with security agencies and assures citizens that arrangements have been made to guide against any molestation and harassment by anybody or group. Lagos residents are assured of their safety and are advised to go about their normal duties without harassment and molestation.

WHEN MAN VISITED SENATE

Senate President, Dr. Abubakar Bukola Saraki (second left), in a handshake with the President, Manufacturers Association of Nigeria (MAN), Dr. Frank Udemba Jacobs; with them is the Chairman, Senate Committee on Trade and Investment , Senator Samuel Egwu (first right); and Vice Chairman, Senate Committee on Anti-Corruption and Cybercrime, Senator Foster Ogola, when the group visited the senate president in Abuja...yesterday

IPOB Targets 100 Cities for Worldwide Protest over Detained Leader Emmanuel Ugwu in Umuahia In its efforts to intensify pressure on the federal government to release its leader, Nnamdi Kanu, the Indigenous People of Biafra (IPOB) has finalised plans to hold protest marches in major cities in the world next Friday. The protest march scheduled to hold in at least 100 cities across the globe, including Sydney, Toronto, Moscow, Sao Paulo, New York, London and other European capital cities, would involve members of IPOB and sympathisers across the world marching in solidarity for Kanu and the cause for which he is languishing in detention. Media and Publicity Secretary of IPOB, Emma Powerful, who made known the plans for the global protest and the scope it would take, said: “No stone will be left unturned to ensure that everywhere reverberates to the theme of freedom around the major world cities. “We are demanding the release of our leader who the courts have determined time and time again that he is innocent. Governments of the world and their citizens will be made to see the President Muhammadu Buhari administration for exactly what it

is-a dictatorship run by a cabal of bumbling incompetent unrepentant religious zealots. “Our indefatigability will be demonstrated across the world to let Nigeria understand IPOB is indeed a global phenomenon unrivaled in the history of modern freedom fighting. “In more than 100 countries and territories around the world, mankind will know who Kanu is. At the end of this exercise, countries will know that Kanu is more than any other African alive.” Powerful explained that during the protest marches, petitions and letters would be delivered to presidents, prime ministers, chancellors and heads of state of every of the countries in each of the over 100 cities where IPOB would march for freedom. According to him, the magnitude of the protest march would jolt the federal government but there was nothing they could do to stop the global event, adding that “even enemies of Biafra in Aso Rock alike will feel the impact of this irrepressible human force yearning for freedom of their leader and their nation-Biafra. “It will be frighteningly unprecedented because for the first time, doubting Thomas will come face to face with the might of IPOB worldwide that Kanu

leads. It will be terrifying but it will be peaceful and a thing of joy to those who believe in freedom for the people of Biafra.” Apart from arousing the consciousness of the global community to the Biafra quest for self-determination, the protest march, according to the IPOB media secretary, would also expose the folly of those “who misguided Buhari to make the worst political mistake in the history of Nigeria, which is the arrest and illegal detention of our leader.” Powerful further pointed out that the detained IPOB leader was on a divine mission to deliver his people when he was arrested hence “history will record that the decline of Nigeria started with the kidnap of our leader on that fateful evening in Lagos.” He stated that the arrest and continued detention of Kanu has plunged Nigeria into “a phase of irreversible decline that will inevitably end with its breakup and emergence of Biafra. “As we are ready to march against the illegal detention of our leader, Prophet Nnamdi Kanu, we hope the international community will hear the trumpet and prevail upon Buhari to do the needful or else things will definitely fall apart in Nigeria.”

Ribadu: Why I Want All Forms of SecurityVote, Subsidies Scrapped Dele Ogbodo in Abuja Former Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Nuhu Ribadu, yesterday called on the federal government to scrap security votes usually allocated to governors. Ribadu said such money ends up in private pockets, adding that that is the worst form of corruption in the country. He said subsidies in whatever guise it is given, breed corruption, adding that all must be removed from the system at whatever level it is being deployed as those managing it and their cronies amassed it for self-aggrandizement. Ribadu said he has experienced it in the oil industry, stressing that there is no reason anybody should be given public money as subsidy to go to Saudi Arabia or Jerusalem as pilgrim. The pioneer EFCC boss who made a presentation at the ongoing 2016 Nigerian Institute of Management (NIM) in Abuja, said the biggest form of crime in Nigeria is the allocation of security vote to governors. According to him, corruption

can be reduced to its barest minimum. “This is do-able, let all of us stand up and agree that public spending must go through budgetary process and follow transparency, and padding should not also be allowed. “Why should security vote be kept secret by governors? If you are spending to entrench peace, then there should be no secrecy about it. “Nigerians must take a stand to say that all public money must be properly budgeted and transparent. “No government official should be allowed to have security vote, it’s all lies and fraud. There must be transparency in the award of contract and employment. CSOs, the media and whistle blowers must be assisted by government to enable them do their work effectively as happens in India and Singapore.” He said governance should be open and transparent, adding that a governor who has integrity will not hide anything in the name of security vote. According to him, “Whatever, you are doing, whether you are a local government chairman,

state governor or president, let it be open.” He said Nigerians should deploy smart technologies to demand openness on budgetary and accountability as it is done abroad, stressing that every procurement process must be done online. Ribadu said corruption could also be minimised when all cash transactions are done online. He added that there is need to reform the electoral process to stop politicians spending billions of naira in order to get to office. “Criminals should not also be celebrated; no money should be spent by government without appropriation. Extrabudgetary spending should be criminalised and security vote should be completely phased out,” he added. While passing vote of confidence on the present EFCC management, he said it is impossible for money recovered to be re-looted, adding that recovered funds are usually paid in to the federation account or domiciled with the Central Bank of Nigeria (CBN) as prescribed by law.

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Endorsement of EU-EPA will Cost Nigeria $1.3tn, MAN Warns Crusoe Osagie The Manufacturers Association of Nigeria (MAN) has warned that Nigeria stands to loose over $1.3 trillion if it signs the Economic Partnership Agreement (EPA) with the European Union (EU). The manufacturers’ umbrella body noted that the nation would be at the loosing end due its limited capacity to produce and export industrial goods to Europe and other parts of the world. The association in a statement to strongly oppose the EU EPA, said the implications of signing the agreement would have negative impacts on industrial development of Nigeria. “Nigeria will incur significant revenue loss through removal of tariff estimated at about US$1.3 trillion. The agreement will have implications for Nigeria and other trading partners such as the US and China especially in the context of Most Favoured Nation (MFN),” MAN said. The association also quoted President Muhammadu Buhari,

pointing out in one of his comments that given due consideration to the mismatch of the two regions (Europe-ECOWAS) in terms of technology and manufacturing experience, accepting the EPA in its present form would spell doom on Nigeria’s industrialisation programme, adding that studies have revealed that the effect of EPA on Nigeria would be largely negative. “It should be borne in mind that Nigeria is in recession and needs every effort to pull through. Nigeria is mainly a commodity-goods producing country and would trade same in an EPA free trade arrangement. Nigeria has limited capability to produce and export industrial goods to Europe.” According to MAN, EPA will stifle existing manufacturing industries as they will be uncompetitive because cheaper finished products from European countries would flood Nigerian markets, maintaining that this would de-industrialise Nigeria and on the long run and could have catastrophic implications

APC Appeal Committee Recommends Cancelation of Ondo Governorship Primary

Party to give verdict today Onyebuchi Ezigbo in Abuja There are indications that the appeal panel which examined the petitions against the governorship primary of the All Progressives Congress in Ondo State has recommended its cancellation. In the report of panel submitted yesterday, the panel asked the party leadership to set aside the primaries and to organise fresh one as soon as possible to beat the deadline set by the Independent National Electoral Commission (INEC). THISDAY gathered from sources that both the chairman and secretary of the appeal committee signed in support of the cancellation while the other member of the three-man panel disagreed with the cancellation. According to reliable party source, the appeal committee recommended that the primary be cancelled and fresh primary be organised as soon as possible to beat INEC’s deadline for the exercise. The source said the panel hinged the cancellation on the distortion of the delegates list. It also said the there were evidence that non-party members were recruited to participate in the exercise. It was gathered that the meeting the National Working Committee (NWC) convened to consider the panel’s report failed to reach final verdict on the matter, thus adjourning deliberations till today. After meeting for several hours on the report yesterday, the NWC resolved to adjourn deliberation for today. The meeting, which lasted for over three hours and was held at the national secretariat of the party in Abuja, had all the NWC members in attendance. It was summoned specifically

to consider the report of the Mrs. Helen Bendega-led Appeal Panel Committee on the Ondo governorship primaries conducted on September 3. A source at the party secretariat, told THISDAY that some of the issues raised in the report were very touchy and sensitive that members of the NWC felt it should devote more time to ensure exhaustive consideration before taking a decision. Chief Rotimi Akeredolu (SAN) had won the governorship primary, defeating amongother contestants, Mr. Segun Abraham, the preferred candidate of the national leader of APC, Senator Bola Tinubu. Following their non-approval of the outcome of the primaries, Segun Abraham, Olusola Oke and Senator Ajayi Borofice had petitioned the APC Appeal Panel Committee headed by Benaga, alleging irregularities on the delegates list for the primaries. In attendance at the meeting yesterday to revealed the report of the Appeal Panel were: National Chairman, Chief John Odigie-Oyegun, two Deputy National Chairmen South and North, Segun Oni and Senator Shuiabu Lawal respectively. Others were: National Secretary, Mai Mala Buni, National Auditor, Chief George Moghalu, National Treasurer, Mohammed Gwagwarwa, National Organising Secretary, Senator Osita Izunaso, Deputy National Secretariat, Hon. Oji Ngofa and all the National Vice Chairmen of the party. Speaking, on the outcome of the meeting, Oyegun said the meeting has not taken final decision yet and it has adjourned to continue today. His position was collaborated by the National Organising Secretary, Senator Osita Izunaso.

on employment generation and poverty alleviation in the country. “ In fact, companies which have already started investing in production of raw-materials and intermediate products would be forced to close down. Consequently, Nigeria will perpetually continue to be exporters of unprocessed raw-materials and importers of processed goods. Nigeria would then become an extension of EU

market. This would equally undermine the Nigerian Industrial Revolution Plan (NIRP),” MAN added. The statement said current efforts by Nigerian manufacturers to export non-oil manufactured products would be greatly hampered, adding that the recent surge in the export of non-oil manufactured products which has grown tremendously would be drastically affected.

MAN stated that signing theEPA would negatively affect the informal sector, saying that the Small and Medium Enterprises (SMEs) that are currently sustaining a large percentage of our population would be worst hit. “The truth is, our economy is currently challenged. The situation should not be compounded by government appending its signature or domesticating EPA. Rather, concerted efforts from all stakeholders should

be garnered to overcome our current economic challenges. Government should continue to adopt home grown policies and strategies that have the capacity to offer required economic fillip and achieve desired results. MAN assures President Muhammad Buhari, GCFR that the Association as always, is open for further engagement and detailed presentation on the views expressed in this press release,” he added.

UNITED FOR DEVELOPMENT

President Muhammadu Buhari (right); with his South African counterpart , Jacob Zuma, arriving at the UN Head quarters for the bilateral talks at the on going 71stSessionofUnitedNation GeneralAssemblyinNewYork...yesterday GodwinOmoigui.InNewYork

Adjudicate on Matters beforeYou with the Fear of God, Auta Charges Judges Says lawyers indicted in misleading judges to face sanction Alex Enumah inAbuja As the judiciary is set to commence the 2016/2017 legal year, the Chief Judge of the Federal High Court (FHC), Hon. Justice Ibrahim Auta, has advised judges of the Federal High Court to always adjudicate on matters before them with the fear of God and their conscience, noting that their job is one that requires high trust and confidence. The advice came on the heels of conflicting judgments from courts of coordinate jurisdiction, which to some extent, Auta said, marred the successes recorded by the judiciary in the last legal year. The Chief Judge of the FHC was speaking at a special court session to mark the commencement of the Federal High Court Legal Year

2016/2017 which held at the court’s headquarters in Abuja, yesterday. Auta said: “The work of a judge, the world over is not easy. It is even more difficult in our society where cases are prosecuted on the pages of newspapers. However, the work of a judge is the highest position of trust and confidence that God can give to any human being. Trust that you sit to judge your fellow human beings and their activities. “I therefore urge my brother judges to search their conscience before taking any judicial decision. You do not have to know all the law but your decision must be one that even the party who lost will have cause to appreciate your intellect, scholarship and call to duty. You must therefore take decisions that you can defend before God,” he said.

He blamed the controversies the court was enmeshed in on the activities of some lawyers, who according to him, misled judges by filing cases which were already pending in another court of coordinate jurisdiction. According to him, while a case is pending in one court, a lawyer would rush to another court of coordinate jurisdiction and file the same case without the knowledge of the judges. “We will take this very seriously and even discuss it during our conference because it is an offence and it is not good for the administration of criminal justice.” He disclosed that as part of efforts to see that judges performed at optimal capacity, all the new judges have undergone detailed

medical assessment as well as relevant training. “I will continue to improve on the overall welfare of the judges and the staff depending on availability of funds. It is therefore my hope that both judges and staff will continue to reciprocate by putting in their very best,” he said. Earlier, a devotional Christian and Muslim worships were held to mark the event. At the National Mosque, Abuja, Chief Imam, Sheik Ahmed Onilewura, admonished worshippers to stand against corruption. In a paper titled, the Role of Religious preachers in the fight against corruption, he said corruption is sin against God and humanity as such religious leaders should preach against it from their pulpits.

CRUDE OIL PRICES RISE 2% AS VENEZUELA REKINDLES HOPES OF OUTPUT FREEZE that efforts were on to apprehend the masterminds. NDGJM emphasised that Operation Crocodile Smile was nothing but a scam, some jumbled job, sewn together to retire some recently embezzled military budget adding “were it a serious endeavour, as the entire military system has sought to bamboozle Nigerians and the entire world to believe, the half-baked operation would have at least been reaping marginal results, asides those wrong arrests, lacking in intelligence, that it had realised. “This is to you, Gen Buratai, let your crocodile continue to smile, your time for reconning is at hand, probably by the time the smiley

crocodile finally sinks, you will see its tears and blood. Under your nose, the very task of guarding oil assets (which we consider a waste of time, resourcesandafailureofpriorities) will fail because you are both insincere and incompetent”, it stated. NDGJM said its mandate was just starting, noting that the Army Chief would soon see what it has in stock for further destruction of oil facilities in the region. It declared: “The Niger Delta Greenland Justice Mandate is just starting, you are yet to see what we are about, by the time the alpha operations are initiated, you will need more than these fighter jets to keep your troops safe in any part of the

Niger Delta”. The militant group warned oil companies not to place their trusts in the guns and fighter jets of the Nigerian armed forces, stressing that it was a reflection of their mindset towards the people of the region. “To the oil and gas companies. We have observed that you have placed your trust in the guns and fighter jets of the Nigerian armed forces, our words for you are few: keep at it and wait for your rewards, which have almost come upon you. “It is a reflection of your minds towards our people, you obviously don’t believe that the people of these part are undeserving of good lives.You hide behind the guns of the oppressors

to pillage our lands and our people, leaving us despoiled and our lands raped. You do all manners of things you will dare not imagine in other parts of the world where you operate. “Here you have failed all basic corporate social responsibilities, leaving the people to languish in lack and ruins. Continue with your insolence against our people, but we will vow to you today that we shall uproot every asset and facility you think you have secured with soldiers and their guns. SHORELINES, First Hydrocarbon, NPDC, Seplat, Total E&P, Shell, Agip, Saipem, Mobil and co wait for us, we are just coming out for you”, it added.

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Revealed: How Nigerian Lawmakers Employ 2,570 Aides, Cheat the System No fewer than 2,570 aides are engaged by the 469 members of the eighth National Assembly, an investigation by the News Agency of Nigeria (NAN) has revealed. Out of the number, 700 aides work for lawmakers in the Senate, while the remaining 1,870 are engaged by House of Representatives members. As provided in the National Assembly Act, each lawmaker, excluding principal officers, is entitled to five aides – one senior legislative aide, two legislative aides, a personal assistant and a secretary. It was discovered that in the provision, President of the Senate is entitled to 45 aides, his deputy, 30, and 20 each for principal officers. Similarly, Speaker of the House of Representatives has 35 assistants, Deputy Speaker, 15 and 10 each for the six principal officers. The number of aides to each legislator, it was gathered, includes those in their Constituency offices. The monthly emolument of the aides, which ranged from N150,000 to N250,000, sources close to the assembly said, has been reduced to between N75,000 and N180,000 by the current leadership of the assembly. The investigation revealed that in addition to the regular aides, the principal officers of both chambers have Special Assistants, Senior Special Assistants and Special Advisers of varying numbers. This category of aides, it was learnt, had a monthly salary of a minimum of N950,000; but was

reduced to N400,000 by the current management of the assembly. All the aides are paid from the coffers of the assembly. CHEATING THE SYSTEM However, it was gathered that some of the lawmakers, especially principal officers, have more than the statutorily approved number of aides in their employ, who also draw their salary from the assembly’s funds. Some lawmakers, however, pay the aides from their own resources. It was also revealed that many legislators draw the emolument of their aides from the assembly’s funds but pay them fractions. Some of the lawmakers employed only one or two aides but are collecting the full salary for the five they are entitled to. This act was discovered to be perpetrated more by the members through their constituency offices, which they are mandatorily expected to have in their areas, but deliberately failed to do so. They submit names of nonexistent staff in the constituency office to the national assembly service commission and collect their entitlements directly. An aide to a senator from the South-west, working with him in Abuja, said he had never heard of other aides or office his boss had in his constituency. “All of us, his aides are here; it is only when he is travelling to the state that he goes with the senior legislative aide and his younger

brother. “The brother works with him; he is not documented but he is in charge whenever oga (the boss) is not around. “But, all of us are always in the office in Abuja, I do not know of assistant or aide he has at the constituency level or in the state,” he said, adding that it was the same with some other lawmakers. The source declined to disclose his salary, allowance and pay point, but said that the emolument depended on the grade of the aide. He, however, disclosed that the least-paid aide earned N120, 000 from the assembly commission. The lawmakers contacted on the issue declined to comment, with some of them saying that they were complying with the rules. The Clerk of the National Assembly and officials in his office also rebuffed enquires on the issues. Reacting to the findings by NAN, some stakeholders called for reduction in the number of aides working for federal lawmakers and a slash in their pay. They said the reduction was necessary in view of the current economic challenges facing the country. Ahmed Haruna, a trader in Wuse Market in Abuja said: “From my own point of view, I think the number of aides assigned to legislators is much and consumes a huge amount from public funds.

“These aides are paid monthly but if their number is slashed and their pay reduced, the money can be redirected into providing infrastructure in the country.” Paul Imohiosen, a civil servant, believes that the lawmakers do not need the number of aides they are officially entitled to. He said: “Some of these aides are not useful; most of them are there for mere decoration. They are just too many. “The country’s economy has gone into recession so this is not the appropriate time to use as much as 45 or 35 aides by one government official.’’ Imohiosen also decried the number of security details attached to some government officials and other elite in the country. According to him, Nigeria is in need of adequate security to protect lives and property but government officials have huge number of security aides all to themselves which is not fair. In her view, Igoni Mirabel, a student, insisted that there was need to cut the number and salary, respectively, of the legislative aides by 50 per cent. “The 50 per cent cut should serve as intervention and the remaining percentage could be used judiciously to improve the economy of the country. “The Nigeria economy is in a bad state presently, so all expenses must

be cut down so that the citizens can benefit immensely,” she added. On her part, Imelda Omelogo said the number of aides and their emoluments “does not suggest a prudent approach to the management of public expenditure. “If the call for the reduction in number of aides to the lawmakers is implemented, it will greatly reduce wastage, thereby leaving more money to be ploughed into other sectors.’’ Condemning the large number of the federal lawmakers’ aides, Emmanuel Sawyer, a legal practitioner, said it did not tally with the economic hardship in the country. He said the number of aides should have been slashed along with their salaries by the new leadership of the national assembly. “We are in a period when Nigeria is facing recession and the cost of running government is still too high. “At this point in time, we should be talking of merging both chambers into one to reduce the cost of running governance,” Sawyer said. Teddy Nwanunobi, a civil servant, said that it was unfair for such big salaries to be paid to aides of lawmakers when they were not doing any work commensurate to the pay. Nwanunobi questioned why some of the principal officers

should be entitled to many aides. “My honest thinking is that the principal officers do not need more than five aides to start with. That way, the aides would be up the task on their duties. “Secondly, the nearly N1 million monthly salary is just too large for one aide; most of them do not merit that sum, and that’s why they misbehave. “Personally, I suggest that aides should be graded, and salaries paid accordingly; their salaries should not only be slashed, but paid in accordance with grade and level,’’ he said. Adanna Uwaleme, a political analyst, however said that the call for slash in the number of aides to the lawmakers should be extended to the Executive arm of government. Uwaleme said most of the ministers, and even the President, have too many aides. She said, however, that she was not suggesting that people be sacked but said that there was need to save cost. “There is no need employing too many aides and paying them so much when other people who do so much work are paid very little. “I feel that there should be a harmonisation of salaries and allowances of aides and staff of choice government agencies like the NNPC and FIRS with other federal workers.

Oil Discovery in Lagos Excites Dangote The recent discovery of oil in Lagos in commercial quantity has been described as a good omen for the development of the oil and gas industry which Dangote refinery will benefit from. Speaking in his office in Lagos during a visit by the leaders of the League of African Development Student (LEADS), Group Executive Director of the Dangote Industries Limited, Mr. Devakumar Edwin, said it was a good development that Lagos is now a proud oil producing state, adding that it would further strengthen oil output from the country. He stated that Dangote Refinery and Petrochemical would be more than willing to partner the state and the federal government in ensuring that the oil production from Lagos add value to the economy of Lagos and the nation at large. He said: “We are very happy at the discovery of oil in Lagos. It is indeed a good and welcome development for us as a company. It will accelerate the growth level of the state and also be of immense benefits to the residents and the country at large. Not only will Lagos be regarded as an oil producing state and share out of the derivation fund, but Lagos will continue to be an invaluable partner to the Dangote Group with the Dangote Refinery in Ibeju-Lekki.” Edwin pointed out that though the crude oil prices may be unattractive at the moment, which has made major IOCs to slow down, “it did not mean that the oil and gas industry was devoid of development.” The Dangote Group boss said although it is just in its early phase,

the discovery of oil in Badagry would be a lot more attractive for investments, when prices begin to rise at the international oil market. “The crash in the global crude oil price is not making it attractive to invest and make a sustainable investment. No attractive investments in deep water, but perhaps shallow waters. Oil majors are cutting down on their investments, and also retrenching, I will be surprised if people go in fast into Badagry. But, by and large, It is a welcome find, for when the prices begin to rise, we will begin to reap the benefit.” Dangote Group early last year ventured into oil and gas when it began the construction of the largest single industrial undertaking in the world, the Dangote Refinery and Petrochemicals. The project sited at the Free Trade Zone, Ibeju-Lekki, Lagos, sitting on over 2,630 hectares of land, an area eight times larger than Victoria Island, Lagos, will have a refining capacity of 650,000 barrels of crude per day compared to a combined capacity of 445,000bpd of all currently existing government’s four refineries. When completed, the project is expected to meet the yearnings and aspirations of Nigerians who have been subjected to frequent acute scarcity of petroleum products and also saveNigeriaover $7.5 billion through import substitution. TheentireprojectwillcosttheDangote Group over $12 billion with the refinery projectedto be ready by first quarter of 2019 while the fertilizer plant will be ready early 2018.

SIGNED AND SEALED

Minister of Agriculture and Rural Development, Chief Audu Ogbeh (second right), flanked by Executive Director, Nigeria Institute for Oil Palm Research (NIFOR), Dr. Omorofe Asemota; and Chairman PZ Cussons Nigeria Plc, Chief Kola Jamodu; Managing Director, PZWilmar, Mr Santosh Pillai; and Chief Executive, PZ Cussons Nigeria Plc, Christos Giannopoulos, displaying a copy of the signed agreement at Federal Ministry of Agriculture and Rural Development, Abuja.

Police to Sew Uniforms in Calabar Garment Factory, Says IG Bassey Inyang in Calabar The Inspector General of Police (IG), Ibrahim Idris, has expressed the intention of the Nigeria Police Force to partner the Cross River State Government on the Calabar Garment Factory by sewing uniforms for its officers and men. This is coming barely a week after the National Union of Textile Garment and Tailoring Workers of Nigeria (NUTGTWN) expressed similar intention to partner the state on the garment factory. Idris disclosed the intention when he received Governor Ben Ayade in his office at the Force Headquarters in Abuja. According to a statement signed

by the Senior Special Assistant on Media and Chief Press Secretary to the governor, Mr. Christian Ita, the police boss said the police was willing to have police uniforms sewn at the Calabar Garment Factory as part of its efforts to contribute to the nation’s economy. The statement further quoted the IG as saying that the decision was also in line with the police of the President Muhammdu Buhari’s administration of patronising made in Nigeria goods. The IG also used the occasion to appeal to the governor to provide land for the force to build a residential estate. Ayade, who was accompanied on the visit by his Chief of Staff,

Martins Orim and the Chairman of the New Cities Development Board, KJ Agba was delighted at the propositions and accepted to partner the police. Earlier, NUTGTWN lauded the governor for his foresight in the establishment of the Calabar Garment Factory, saying it is a landmark achievement in the nation’s quest to diversify its economy. The union in a letter to the governor and signed by the National Secretary of the association, Comrade Issa Aremu, maintained that the factory, when fully operational has the potential of transforming the economic landscape of the state and the

country at large. Aremu who is also the Deputy National President of Nigerian Labour Congress (NLC) said: “We congratulate Professor Ben Ayade on the successful establishment of what is regarded as a world class garment factory in Calabar.” The union which indicated its willingness to partner the state government, averred: “The factory which is one of the signature projects of your administration aimed at creating mass and decent jobs for the good people of Cross River State is also reckoned to be the biggest in Africa with the capacity to employ about 3,000 workers, largely women.”

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Don’t Export Violence to Edo, Oshiomhole Tells Wike Benin chiefs who endorsed Ize-Iyamu are card-carrying members of PDP, says Obazulu of Benin Tobi Soniyi in Abuja and Adibe Emenyonu inBenin City Edo State Governor, Adams Oshiomhole, has warned Rivers State Governor, Nyesom Wike, and his counterpart in Delta State, Ifeanyi Okowa, against the use of violence in Edo State gubernatorial election slated for September 28. Speaking with State House Correspondents in Abuja yesterday, Oshiomhole said Rivers and Delta States had history of violence and deaths during every election. He said the people of Edo State would resist any attempt to cause trouble in the election, which he said would be won by the All Progressives Congress (APC) candidate, Godwin Obaseki. The election which was initially fixed for September 10 was shifted to September 28 by the Independent National Electoral Commission (INEC) following advice from security threat agencies on security

during the election. He said: “In Rivers State in particular, they almost used blood instead of ink pad on election day but in Edo State we have had to run credible election based on one man, one vote and they exported people to Edo State some of them have been arrested, some of them have been charged to court and they will be prosecuted. “But my appeal to them is that they should be ashamed because we are all Chief Security Officers of our states, if you are having the level of deaths and killings in Rivers State it and it is not bordering him and he wants to export that blood letting tactics to Edo State, our people will resist.” “I also want to tell him that people who have exaggerated views of what they represent. A fish or a shark may appear powerful because it is inside the creek but when you move it to dry soil even babies can feast on it. So

Edo Stateis not like the creek that you have in Rivers State. “I want to plead with him, if he wants to send anyone, he should send his children, his own blood children so that they can bear the full consequences of their father’s message. He has no right to pay token to other people’s children to go and die in Edo State because our people are rugged and dogged. “We are not in the creeks, if they move those guys who can dive into the water and do magic to the dry soil of Edo State they will learn the hard way what it takes to walk through the desert. We want to fight with PVC only, they must not import killers, if they do, they must bear full responsibility.” Meanwhile, Obazulu of Benin Kingdom and Edo State Secretary of the APC, Chief Osaro, Idah have

described as untrue the reported endorsement of the governorship candidate of PDP, Pastor Osagie Ize-Iyamu, describing it as an attempt to bring the palace of the Oba of Benin into disrepute. He said the two chiefs who held a press conference endorsing Ize-Iyamu, Chief Amos Osunbor and the Odobaiwu of Benin, are both PDP leaders in the state and not spokesmen for the council of chiefs in Benin, adding that it was a shame for them not to identify themselves as PDP members and card carrying members of the party. Idah, who spoke with journalists in a chart in Benin City, yesterday said: “Again, the so-called adoption of Ize-Iyamu by the Eghaevbo-Ore palace chiefs is for me a declaration of a body of friends. The EghaevboOre palace group is one of the

many arms of the palace. This group is headed by the Iyase of Benin followed by the Esogban of Benin and for anyone to make pronouncement on behalf of this group without the Iyase or Esogban is not only fraudulent but reckless. “Rightly, they should have addressed themselves as friends of Esama of Benin in his residence which they have right to do. They are many APC members even within their ranks who they cannot drag into their membership coven in the PDP. It is nefarious for anyone to make claims on behalf of any society of the palace when they were no prior discussions or agreements within the rank of chiefs. We know those chiefs who are quasi-subject of the Esama and the man in his generous nature look after their personal welfare.

“So one will not quarrel with them if they do his biddings. But any attempt to drag the palace into politics is taking the joke too far. The public should please note that this group are Esama’s personal friends. At no time did palace chiefs meet to discuss which party or candidate to adopt because the palace of his Majesty frowns at partisanship. Even the socalled Igieohen, they claim was with them are unknown to me. “I am in a better position to know who the Igiehons in Benin are because I am the Obazulu of Benin Kingdom, with that rank I am an inner palace chief that deals with the Igiehens. So they are not in good position to know who the Igiehons are even as chiefs,” he stated.

NASU Tackles Buhari, FG over Non-release of N100bn Annual Funds Recession: Oshita urges unions not to resort to protest Paul Obi and Peter Omale in Abuja The Non Academic Staff Union (NASU) yesterday tackled President Muhammadu Buhari and the federal government over the non-release of N100 billion annual fund set aside for the running of universities in the country. This was made known during NASU National Executive Council (NEC) meeting in Abuja, where the group expressed concern over government’s failure to remit such funds to tertiary institutions. While speaking, NASU President, Chris Ani, said: “It is unfortunate that the funding of our universities, polytechnics and Colleges of Education has not improved despite the struggles of the unions in those sectors. “It should be recalled that in 2014, the administration of President Goodluck Jonathan released to the universities the sum of N200 billion as intervention fund with a promise to release additional N100 billion yearly for another two years. “Unfortunately, as this NEC meeting holds, apart from the N200 billion that was released, nothing has happened to the promise of N100 billion yearly for another two years. “In a similar vein, the government constituted Needs Assessment Committees for public-owned polytechnics and Colleges of Education and three years after the committees had concluded work and submitted their report to government, nothing has been heard from government on the issue despite the fact that our polytechnics and Colleges of Education are in dire need of

additional fund.” NASU President further called on “the federal government to positively address the issue of increased funding of our universities, Polytechnics, Colleges of Education as well as the Research Institutes. It is regrettable to note that since November 2015, the federal government has failed to release in full personnel emolument to universities, polytechnics and Colleges of Education.” NASU General Secretary, Peters Adeyemi, added that “government has not demonstrated the will to implement the agreement. Government is a continuum and agreements are binding on successive government and this government must know that. “All the labour unions in the universities are completely unhappy with the way things are going in the system. The result of his engagements would determine how quickly industrial action can be prevented or otherwise,” he stated. Guest speaker at the event and Director General of the Institute for Peace and Conflict Resolution (IPCR), Prof. Oshita Oshita, urged NASU and other labour unions to desist from resorting to protest and confrontation against government as the current economic recession requires a harmonious working relation between labour and government in order to return the country’s economy to stability. Oshita commended NASU for its peace approach to addressing disagreement with government, adding that “the current economic recession requires unions to support government rather than be confrontational.”

INVESTOR IN CALABAR

A Swedish investor and President Greenland Resources, Mr. Torbjorn Johanson (standing); giving insights into the proposed 1.5m tonnes annum pulp mill to be sited in Calabar, Cross River State capital, while the Governor, Prof. Ben Ayade; and a member of the team listened keenly in Government House, Calabar....recently.

Abdulmumin Denies Ownership of UK Bank Account, Property Maduabum refutes claims he bribed youth group Damilola Oyedele in Abuja Former Chairman of the House of Representatives Committee on Appropriation, Hon. Jibrin Abdulmumin, has denied owning an account with ING Bank in United Kingdom, with a balance of over £1.3 million. He also denied any links to the address registered to the bank account at 453 Crankbrook Road, Ilford Essex IG2 6EW. The Anti-Corruption Unit of the National Youth Council of Nigeria (NYCN) had last Sunday released a document indicating that the lawmaker maintained and operated an account with the bank’s branch at Forum House, Grenville Street, St-Heller, Jerssy JE2 4UF, Channels Island United Kingdom. This is as the Deputy Chief of Staff to the Speaker, Hon. Cyril Maduabum, denied the claim that he induced the NYCN or any person with N20 million

to reveal details of a foreign account being operated by Abdulmumin. According to the document circulated by the NYCN, the said account was in operation as at June 2016, in contravention of the 1999 Constitution, which bars public officials from operating foreign accounts. Abdulmumin in a series of tweets on his twitter handle yesterday, however, noted that his lawyers would take the appropriate action. “I am therefore calling on the relevant authorities to investigate and take decisive action on this latest assault on my person and unveil the real sponsors. I will be reporting these hatchet men to the police and EFCC this morning and my lawyers are taking the necessary legal actions. Enough is Enough!” The tweets read. The lawmaker alleged that the document, which he described

fake, is part of a plot to divert attention from the allegations of budget fraud and corruption he leveled against Dogara. “This blackmail is part of a wider propaganda arranged by the desperate Speaker Dogara through his Deputy Chief of Staff, Hon CID Maduabum. Maduabum has recruited and paid N20 million to one Ifeanyi Okonkwo and Ikenga Ugochinyere of a shadow youth organisation to do the hatchet job.” “The plan is to create credibility problem for me as I prepare to release more revelations of corruption by Dogara that will send shock down the spines of Nigerians” Abdulmumin said, and urged Nigerians to disregard the document in circulation. Maduabum, in a statement made available to THISDAY formally denied the allegation. “I formally deny this new

allegation and denounce it as the hallucination of a deranged psychopath, a drowning man who is catching on all straws to rescue himself from the deep hole he is in. This has shown once again that corruption and lies are an essential part of Jibrin’s DNA. He obviously thinks that everybody must be bribed to act patriotically to expose his corruption and nefarious activities,” he said. The statement read further: “I feel sorry for the media that unwittingly play into his hands by publishing his continuously false and libelous vituperations. Jibrin is so unintelligent that he has not seen that his pattern is an open one. Once you say anything against him, he immediately manufactures some imaginary bribe being given to the person by persons he picks at a whim. I have chosen to respond once again not because Jibrin is worthy of a reply but just to set the records straight.”

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BoI Partners NIRSAL to Extend Credit to Agricultural Sector Crusoe Osagie The Bank of Industry (BoI) has announced plans to extend credit support services to Nigeria’s agricultural sector, noting that this move was crucial, due to the sector’s contribution to the nation’s Gross Domestic Product (GDP), the multiplier effects it has on job creation and food security. The acting Managing Director, BoI, Mr. Waheed Olagunju, stated that the partnership was also coming against the backdrop of commercial banks refusing to provide financial support for the sector due to its high risk perception. The Development Finance Institution (DFI) added that “At independence, a lot was done with the nation’s agricultural resources and in the 70s due to the Iranian revolution, oil prices went up and we dumped agriculture. At that time, the nation had an all inclusive growth with almost a double digit GDP and there was massive employment where Nigeria had to depend on expatriates to turn the Nigerian economy around. In otherwords, the entire West Africa and parts of Central Africa, depended on Nigerian economy for their well-being, but today, we are talking about unemployment and recession. This is the price we are paying for loosing focus. The acting BOI boss during a signing of Memorandum of Understanding (MoU) with Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL), said the MoU would see the bank’s lending guaranteed up to 75 per cent to support primary production and value addition of the nation’s agriculture produce.

“We are also going to support those who have already started processing and wants to integrate backward. We are talking about farm to table, this means primary production, value addition and processing, packaging, distribution, marketing and retailing. We believe the multiplier effect per unit of investment in the agricultural space is the highest compared with other sectors and this is the only way we can achieve inclusive growth,” he said. According to him: Agriculture is one of the areas where we have competitive and comparative advantage. There is no way we can industrialise without developing the agriculture sector. The sector is the fastest way to achieve inclusive growth and industrialisation of the country and apart from job creation, there are other developmental impacts and multiplier effects that agriculture helps to drive and which is to ensure food security.” He said currently, Nigeria spends over $12 billion importing food into the country, whereas the country has the capacity to feed itself and even to export to other parts of the world. “As we all know that Nigeria is more of an agricultural economy than that of oil. The MoU we are signing today is one of the bold steps being taken to ensure that we direct the country’s development. As a result of this, we want to expand our lending to the agricultural sector. This is a sector that is perceived to be highly risky that has made most financial institutions to shy away from it,” he added. He recalled that prior to the introduction of the Structural Adjustment Programme (SAP)

there was a controlled and allocated credit from the Central Bank of Nigeria (CBN) also with the commercial banks authorised to dedicate certain percentage of their credit facilities to agriculture, manufacturing, but stressed that the model never worked as banks would rather pay the penalty than to lend to these sectors. “Going forward, with our collaboration with NIRSAL, they are going to help us in the area of capacity building to give BOI staff the technical knowledge in intervening in the sector. We would also ensure proper due diligence before embarking on any project and because we want to ensure that only bankable transactions get on this platform,” he assured. Also speaking at the event, the Managing Director, NIRSAL, Mr. Aliyu Abdulhameed,said for agriculture to work and contribute its quota to economic growth, guaranteed decent incomes

for farmers has to be properly linked to industry, but stressed that unfortunately for Nigeria, the linkages between agriculture and industry are weak, reducing the ability of both sectors to contribute to economic growth. He added that the supply of agricultural inputs such as fertilizer, seeds, agro-chemicals, farm tools and processing equipment by industries needed to increase agricultural productivity, is low in relation to effective demand, stressing that the industries currently does not provide a significant outlet for agriculture output, lacks capacity to help stabilise agricultural markets and plays only a marginal role in opening up attractive new uses for crops. “For many of the major crops, industrial use accounts for less than 10 per cent of total production. This leads to massive post-harvest losses that

have averaged 50 – 60% for some time now,” he said He warned that in the short to medium term, if the current food import policy stance of the federal government and the CBN is maintained, the emerging pattern of agricultural growth that the nation is just beginning to witness, is likely to be sustained into 2017. He noted that the rush by farmers to take advantage of the current market demand for staples as a result of import restriction, the huge urban population that has to be fed, the demand of raw material by the animal feed industry and the favorable conditions in export markets for certain commodities like cashew, sesame, and cocoa all have the combined potential to significantly drive growth of agriculture. ”This is what has led the NIRSAL to seek collaboration with the BOI, a financial institution

that also understands the economic urgency of the moment,” he said. He said key objective under the partnership is to provide the agricultural promotion policy “The Green Alternative” of the federal government with practical solutions for activating the potential of agriculture to ignite pro-poor growth, job creation and food security by facilitating private sector finance into agricultural production. “To achieve this, the thrust of our efforts will be to package, de-risk and enable the flow of affordable financing of agricultural projects within the priority crop and livestock sub sectors under the APP. This we will do by bridging the competitiveness gap with the rest of the world in agriculture and agro-industry. It is this high level of competitiveness that will attract sustainable commercial and private finance to Nigeria’s agricultural economy,” he said.

Supreme Court Judgment: Kogi NSCDC Deploys over 1,000 Personnel to Maintain Peace The Nigeria Security and Civil Defense Corps (NSCDC) has deployed over 1,000 personnel to maintain peace in Kogi State as the Supreme Court delivers judgment on Kogi governorship election appeals today. Commandant of the corps in the state, Everestus Obiyo, who stated this at a press briefing in Lokoja yesterday, said the effort was to avert possible breakdown of law and order after the court judgment. Obiyo stressed that the command would not hesitate to deal decisively with any individual or group that disturbed public peace after the verdict. According to him, peace remains the hallmark of any meaningful development, urging the people of the state to remain calm and display sense of maturity during

and after the judgment. He reiterated the corps’ mandate to protect critical infrastructure in the state. Obiyo urged traditional rulers, religious leaders, parents and guardians, to educate their people on the need to avoid acts capable of undermining peace in the state. The commandant urged youths in the state to desist from any act that could land them in trouble, but engage in lawful businesses and ventures as means of livelihood. The News Agency of Nigeria (NAN) reported that both Idris Wada and James Faleke approached the Supreme Court after the Court of Appeal upheld the decision of the governorship election petitions tribunal, which dismissed all six petitions challenging the election of Governor Bello.

Jega to Deliver Lecture at Banire’s 50th Birthday The former Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, will deliver a lecture at the golden jubilee celebration of Dr. Muiz Banire, (SAN) on October 8. The lecture is titled: ‘Challenges and Prospects of Sustainable Credible Elections in Nigeria.’ The celebration which will

also feature a dinner party to be organised by a committee of friends under the chairmanship of the retired Justice of the Supreme Court, Hon. Justice Emmanuel Ayoola. According to the organisers, the event will hold at Eko Hotel and Suites Convention Centre, Victoria Island, Lagos, at 3.30p.m.

ANOTHER HONOUR FOR KOLADE

L-R: Guest Speaker, 2016 NAPharm Investiture, Dr. Christopher Kolade, receiving his plaque from Prince Julius Adelusi-Adeluyi, President, Nigeria Academy of Pharmacy, Chief Olu Akinkugbe; President, PSN, Ahmed Yakasai, during the investiture and awards ceremony of Nigeria Academy of Pharmacy in Lagos...recently Abiodun Ajala

Boroh: Create Amnesty Programmes in States with Armed Groups Ndubuisi Francis in Abuja The Special Adviser to the President on Niger Delta and Coordinator of the Presidential Amnesty Programme (PAP), Brig-Gen Paul Boroh (rtd), has appealed to states with armed groups willing to disarm to emulate the Benue State Government, which has put in place a comprehensive amnesty programme for militant groups in the state. Boroh argued that the federal government alone cannot carry out such a programme in every part of the country. No fewer than 10 states, particularly in the southern part of the country, currently have one form of armed group or the other. In a statement he issued to commemorate the 2016 United Nations International Day of Peace, otherwise known as the World Peace Day, Boroh stated that to ensure the cultivation of peace in

Nigeria, the federal government introduced and had maintained in the Niger Delta, the amnesty programme “which is a master piece strategy for peace.” He noted that although it comes at a great price, no effort is too much to ensure peace. The Buhari administration, he said, should be commended for keeping the programme on track “and for its iron clad determination to exterminate terrorism in the country particularly by the Boko Haram sect.” “A period like this is an important one for all Nigerians to spare a thought for our internally displaced compatriots in the North-east who have been the victims of Boko Haram terrorism. I urge Nigerians and the international community to join the federal government in resettling the displaced families and rebuilding the North-east. “Let me state that peace is not given and must not be taken for granted; it is like crops that need to

be planted, watered and cultured with care before it can germinate and be harvested. “I urge all Nigerians to work for peace by sowing its seeds all over the country. There are armed groups in some states willing to disarm and I appeal to the governments of such states to emulate the Benue State government that has in place a comprehensive amnesty programme,” Boroh said in the statement captioned “Peace is Like Oxygen, But tragically, it is in short supply.” According to him, the human race needs to reflect on its very survival, adding that “peace, like food, is one of the most essential needs of humanity, yet in most parts of the world, it is in critical short supply.” He argued that lack of peace is no different from famine as both have the same debilitating and tragic consequences for human survival.

“While in most parts of Africa, Asia and the Middle East, peace has become endangered species, almost the rest of humanity is experiencing one form of terrorism or the other, be it local or international. Boroh harped on the need to build a culture of tolerance and debate in the country, even as he canvassed for schools to inculcate the spirit of peaceful resolution of issues in children and for tertiary institutions to establish courses in peace building, conflict prevention and resolution. “On a general level, it is in the interest of humanity to resolve conflicts and build peace because, like the refugee crises and the tidal waves of immigrants falling on European shores have shown, crisis in one part of the world, has implications for peace in all parts of the world,” the presidential aide said.

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Lalong: Impunity of Last Administration, Plunged Nigeria into Present Economic Woes Seriki Adinoyi in Jos Plateau State Governor, Mr. Simon Lalong, has blamed the current economic recession on the last administration, noting that Nigeria would not have been in this crunch if the last administration had spared a thought for the future of country. He added that the excesses of that era and the implications for national development were enormous, but however admonished citizens to rise above the distraction of trading blames and focus on the more urgent task of qualitative service delivery. The governor, who was represented by his deputy, Professor Sonny Tyoden, spoke yesterday at the Policy Design Session (PDS) organised for the All Progressives Congress (APC) Secretaries to State Governments (SSGs) which held at the Silk Suites, Rayfield-Zarmaganda Road, Jos. According to Lalong: “I am also happy because even when the change that we proclaim comes with its difficulties given the years of locust that preceded our advent, we are encouraged by the faith and resilience of patriotic Nigerians who share in our vision and the genuine concern of our friends and well-wishers all over the world. Of course, this is our source of strength in the face of cynical impatience and shameless attempt to re-write history, particularly by those who profited from the profligacy of the past.” He said there is no gainsaying that the APC vision emerged from the rubble of the last administration, adding that in that valley of despair was born the desire to break with the harrowing experiences of

the past. For Lalong, “APC, a new party for new Nigeria as captured in our party’s manifesto became the battle cry. Today, we can say with confidence that we have demonstrated in unmistakable ways in the states we govern that we listen, we promise and we deliver. “Where critical areas of need have not received the attention they required in the past, the APC government, today counts on the leadership and moral authority of its vision carrier, President Muhammadu Buhari, supported by our progressive governors, to meet those needs.” He said the challenge they faced today was not only in rebuilding the institutions that failed under a degenerate system, “it is also in regaining the trust of a people taken for granted by their leaders. This is no easy task especially where ingrained habits clash daily with the urgency for renewal.” Reflecting that change has come to Plateau and is being institutionalised, Lalong said the prevailing peace in the state is one of the achievements, adding that before now, the forum could not have held in Jos because of the prevailing threat to peace and security. He said the Plateau State University, Bokkos, had the dubious distinction of having had four Vice Chancellors in its 10 – year existence without graduating even a single student. “Since our coming, we have taken several remedial measures, resulting in the first set of graduates being mobilised for the compulsory National Youth Service Scheme (NYSC) programme with the university’s first convocation scheduled for November this year.” In his welcome remarks, Country Director, Plan International, Abuja, Dr. Hussaini Abdu, said all

Tompolo Warns Followers, Sympathisers against Negative Tendencies

As he buries father this weekend Sylvester Idowu in Warri Bereaved ex-militant leader, Chief Government Ekpemupolo alias Tompolo, has warned his followers not to engange in any criminal act that will jeopardise the relative peace now being enjoyed in the Niger Delta region. THISDAY learnt that the warning became necessary as the ex-militant leader prepares for the burial of his father, Chief Thomas Ekpemupolo, who died on September 7 at the age of 84 years. It was gathered that Tompolo has tentatively slated the burial of his father for September 23 at Kurutie and internment the next day at Okerenkoko, both in Gbaramatu Kingdom in Warri South West Local Government Area of Delta State. Community sources told THISDAY that the ex-militant leader desired a peaceful transition for his father and wouldn’t want any negative activity to be associated with him and the burial plans. “He spoke with some of his

followers and sympathisers that he wants a peaceful burial for his father and urged them not to engage in any activity that will bring negative attention to him or the process of the burial,” the source who doesn’t want to be named said. A security source also confirmed that the ex-militant leader, who is also known as (GOC), does not want anything that would bring his name to disrepute as he prepares for the internment of his father. Chief Ekpemupolo’s Media Aide, Comrade Paul Bebenimibo, confirmed yesterday that the burial had been fixed for September 23 and 24 at Kurutie and Okerenkoko in Delta State. He was however silent on the alleged warning by his Boss but simply said “anybody that commits crime will face the consequences alone. If Buhari’s son commits crime, he is the one that will face the music and not his father.” Bebenimibo noted that there was no need for Tompolo to warn his followers, maintaining that any person that commit any crime will bear the consequence alone.

Nigerians must join hands together to reflate the dwindling economy, especially the state governments. Abdu added that he was

concerned about the emphasis being placed on what can be done at the larger macro-economy level in terms of policy interventions at

the national level. According to him, the economy has different characterisations at different levels. “So, if you look at

the structure of the economy, for instance, in Kaduna as close as it is to Kano, it may not necessarily be the same.”

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L-R: Deputy Governor of Adamawa State, Martin Babale: Governor Muhammad Umar Bindow; and former Vice President, Alhaji Atiku Abubakar, at the arrival of the former vice president at the Yola International Airport on his way to Jada, on a condolence visit to the family of late Marafan Ganye, District HeadofJada,AlhajiMuhammaduArdoinJadaLocalGovernmentArea,ofthestate,weekend.

Recession: Group Defends Emefiele, CBN’s Monetary Policies on Recovery Paul Obi and Peter Omale in Abuja As Nigerians continue to bemoan the hardship brought about by the current economic recession, a coalition of Civil Society Organizations (CSOs), yesterday defended the monetary policies of the Central Bank of Nigeria (CBN) and its Governor, Godwin Emefiele, geared towards recovery. Speaking to Journalists yesterday in Abuja, President of the group, Mr. Etuk Bassey Williams and Secretary, Abubakar Ibrahim, said though the economic hardship affects all Nigerians, criticisms targeted at the apex bank and Emefiele were misplaced given the various monetary policies put in place to address the crisis. They said: “We have watched the ongoing economic developments in Nigeria with keen interest and understand that they were triggered by exogenous conditions and weakening global environment. We note that the underlying shocks are affecting, not only Nigeria, but a lot of emerging market economies and commodity exporting countries. “For one, Nigeria has largely depended on oil and the weakening global conditions are affecting crude oil demand and crude oil prices adversely. The deceleration in China and other key economies are critical in this instance as well as the USA’s discontinuance of the purchase of Nigeria’s crude oil. “We note that the reduction in global growth and production of shale oil around the world has led to a sharp reduction in the price of crude oil from a peak of $116 per barrel in June 2014, to under $50 per barrel as of September 2016. “However, it remains the duty

of Nigeria’s economic managers to rebalance the economy and see us through these challenges so that we can emerge as a better economy,” They stated. Williams further stated that notwithstanding the challenges, “it seems to us that those entrusted with the management of this economy are bereft of creative ideas on way forward or, worst still, do not understand the complexities of the current challenges. “As far as we know, macroeconomic policies are divided broadly into monetary and fiscal. The fiscal authorities are generally entrusted with the responsibility of ensuring economic robustness including sound growth, vast employment, infrastructure development, trade policies, structural policies, and a welcoming business environment. “While it is neither our duty nor our intention to defend one organization or the other, we cannot help but notice the scapegoating and asymmetric blaming of the CBN for the conditions of the Nigerian economy. As far as we are concerned the CBN has its own shortcomings one of which is its attempts, through quasi-fiscal activities, to assume the duties of other counterparties in the economic management endeavour. “But I guess they have resorted to doing so because nature does not allow vacuums. If others are not doing their jobs, maybe someone has to do.: He added that “whatever the case is, we believe that this disproportionate blame-game should stop now. We call on all relevant bodies that must make up the economic team to, henceforth, direct efforts to creative, innovative,

unconventional and non-textbook solutions to the problems. “To the best of our understanding, the mandate of the CBN is to maintain stability of prices, monetary conditions and financial system; some of which require medium term horizon. The CBN has not only made visible attempts at its bi-monthly Monetary Policy Committee meetings at working towards its mandate, it has also ventured in quasi-fiscal duties to fill the gap created by indolent and inept organizations. “For instance, we are aware of its various interventions in agriculture sector, in power, in Micro, Small, and Medium Enterprises, in Education, and in Aviation. The bank has consistently bailed out entities in these sectors and others. More recently,we are aware of the bailout of states,which is an almost monthly occurrence now.” Williams also explained that “these are states, whose governors have failed to be responsible and creative in the managing their economic resources. “States which have enormous potentials but fail to soil their hands in order to build sustainable IGRs; rather preferring to depend on allocations from the ever decreasing crumbs of national cake. We find it insulting that some of these state governors blame others for the dwindling performance of the economy. “We find it heart-warming that there is an organisation, like the CBN who is making little but commendable efforts at the recovery of the nigerian economy. This is an institution that has historically prided itself with initiatives to promote the domestic economy. “However, it is important to note the unsavory and divisive

comments by ex-governors of the CBN, particularly Prof. Charles Soludo and HRH Sanusi Lamido Sanusi, condemning some decisions and actions of the Bank. “We are of the view that, save for mischief and cheap mentality, these individuals ought to approach their successor, the current CBN governor, and share their views on an appropriate way forward. That would have been a more pragmatic, respectable and distinguished action, rather than running to the press to castigate an organisation that they once headed. “Where is the camaraderie? Where is the deep love for the organization you once guided? If we are to blame , then we should ask Soludo questions on the phony and shallow bank consolidation which he oversaw. We should ask him questions about his decision to sell foreign exchange to BDC; an unproductive venture that depleted our reserves by more than $66 billion.” The group observed that “besides, we are not oblivious of the real reasons why Sanusi’s reign as CBN governor was suspended; the unscrupulous dealings which he ratified during his administration. “But we are not here to defame anyone. The coalition of civil societies doesn’t assume the duties of a disparager. We concern ourselves with productive activities and movements. Thus, we want to call on all concerned Nigerians, the CBN, the Ministry of Finance, Ministry Budget and National Planning, FIRS, Ministry of Industry Trade and Investment, past CBN governors and all others charged with the management of this economy to come together and work as a team.

TUESDAY SEPTEMBER 20, 2016 • T H I S D AY

CRIME&PUNISHMENT Court to Hear Case against Man Who In Brief Named His Dog ‘Buhari’ on November 21 Police Arraign 25-year-old Man for Defiling Davidson Iriekpen The Chief Magistrate’s Court, Ota, Ogun State, has fixed November 21, 2016, to hear the application filed by Mr. Joachim Iroko, the man charged to court for naming his dog ‘Buhari’, challenging the jurisdiction of the court to hear the case. Iroko was charged before the court on August 22, 2016, on a one count charge, which states as follows: “That you Joachim Iroko (aka Joe) and another still at large on August 13, 2016, at about 1730hrs at Ketere area Sango, in the Ota magisterial district did conduct yourselves in a manner likely to cause breach of peace by writing a name Buhari on a dog and parading same in the Hausa section of Ketere market Sango and thereby committed an offence contrary to and punishable under section 249 (d) of Criminal Code Laws of Ogun State of Nigeria, 2006.” He was granted bail. But as he could not afford money to perfect his bail, he was remanded

in prison custody while the case was adjourned to September 21, 2016. Iroko, upon his release from prison custody, later briefed human rights lawyer and pro-democracy activist, Ebun-Olu Adegboruwa and some other lawyers, who all offered to defend him, pro bono. On September 16, 2016, Iroko, through his lawyer, Adegboruwa, filed an application before the court, asking the magistrate to dismiss the criminal charge, as the conduct complained of did not disclose any criminal offence. In the said application, Iroko is seeking the following orders, from the court: an order quashing charge number: 671C/2016 preferred against the Applicant herein for want of jurisdiction; an order setting down this application for hearing preliminarily; and an order staying further proceedings in charge number 671C/2016, pending the hearing and final determination of this application.” The grounds for the application are stated as follows: that the court lacks the requisite jurisdiction to entertain and adjudicate upon Charge No. 671C/2016, preferred against the

applicant herein; that the subject matter of Charge No.671C/2016 preferred against the applicant herein does not disclose a criminal offence in law for which the applicant could be put to trial; that the court has the jurisdiction to quash a charge where there is no disclosure of an offence and the trial would amount to an abuse of the process of the court; that there is an inherent jurisdiction in the court to prevent an abuse of its process; that charge number 671C/2016 as presently constituted is unconstitutional, null, void and cannot form the basis of any criminal trial; and that any other or further ground (s) that the applicant may rely upon at the hearing of this application.” When the case came up before Chief Magistrate B.J. Ojikutu of Court No.2, in Ota, Ogun State yesterday, Adegboruwa led several other lawyers for Iroko, including Adeola Samuel-Ilori, Vincent Obetta, the latter who flew in from Enugu. Inspector E. Itaita appeared for the prosecution. Adegboruwa informed the court that the defence had filed two applications to challenge the

jurisdiction of the court, but that the prosecutor in court had declined service of the said applications, preferring rather that the motions be served on his office at the State Criminal Investigation Department, Eleweran, Abeokuta. Consequently, Adegboruwa urged the court to suspend the trial since the defendant is challenging the jurisdiction of the court. Adegboruwa also applied to the court to direct the prosecutor to furnish the defence with the proof of evidence for the case. After hearing arguments from Adegboruwa, the court agreed to hear the applications challenging the jurisdiction of the court, which was then fixed for November 21, 2016. The court also directed the prosecutor to furnish the defence with the proof of evidence in the case, which was complied with immediately. Iroko has consistently asserted his right to give his dog any name suitable to him and that there is nothing to suggest that the name ‘Buhari’ was given to spite the president, Muhammadu Buhari or indeed cause breach of public peace.

12-year-old Boy in Kano

A Kano Magistrates’ Court sitting in Audu Bako Secretariat, yesterday, ordered the remand of a 25-year-old man, Mansir Sani, for allegedly defiling a 12 -year-old boy. The defendant of Yakasai Quarters, Kano, was charged with unnatural offence, contrary to Section 284 of the Penal Code. The prosecutor, Mr. Suleiman Danladi, told the court that Yusuf Dauda of Kofar Mata Quarters, Kano, reported the case to Kano State Hisbah Board Office on August 22. Danladi said sometime in August, the defendant Sani lured the complainant’s step son to the veranda of Amadu Tijjani Islamic Centre, located at Kofar Mata Quarters, Kano. The prosecutors said the defendant then forcefully had intercourse with the boy through his anus. He said the boy was seriously injured and was rushed to Murtala Muhammad Specialist Hospital, Kano. Sani pleaded not guilty to a one-count charge read to him. The Chief Magistrate, Muhammad Jibril, ordered the remand of the defendant in prison custody and adjourned the case till September 29 for mention.

Court Sentences Two to Six Years Jail Term Each

An Oredo Magistrate’s Court, in Benin-City has sentenced one Kingsley Ebose, 25, Happy Okotie, 19, to six years imprisonment each for stealing. The trial Magistrate, Mrs. Racheal Ogbevoen, convicted the two accused persons after finding them guilty of the two count charge of breaking and entering and stealing filed against him. Egbevoen sentenced the convicts to Six years imprisonment each without option of fine. The police prosecutor, Inspector Patrick Agbonifo, had earlier told the court that the offence was committed on August 25, 2016 at New Benin in Benin. Agbonifo said the convicts did conspire to commit felony on the said date He said they broke into Mrs Tessy Okpebiye’s store at night and stole one Nokia battery, two Samsung galaxy phones, one laptop, cash sum of N17,000, adding that all valued N235.000. He added that the offence contravened sections 516, and 411 of the Criminal Code. In a similar development, the police in Benin City yesterday arraigned one Joy Omoregie, 43, at Egor Magistrates’ Court in Benin City for allegedly assaulting her neighbour. Police prosecutor, Chuks Nnamdi, said the offence was committed on September 5 , 2016 at No 5, Okunoghae off Edaiken Primary School in Benin. Nnamdi alleged that the accused person did assault Mrs. Prisca Evbidan, the complainant, using fingers to inflict injury on her face and neck. The prosecutor said the offence contravened section 351 of the Criminal Code However, the accused person pleaded not guilty to the one-count charge of assault filed against him. The Chief Magistrate, Mr. William Aziegbemhim, granted the accused person bail with a surety, who is working in a recognised establishment, with N50,000 in like sum. The case was adjourned until November 7,

Navy Averts Hijack Attack on Vessel, Destroys More Illegal Refineries

AT ALERT

Officers and men of the New York Police Department finalising finishing touches to strategies towards a total lock down around the UN Headquarters to prevent terrorists attacks as over 190 other countries deliberate during the 71st General Assembly of the United Nations at the UN Headquarters, New York... yesterday

Police Intensify Search for Four Landlords Abducted by Armed Militia Chiemelie Ezeobi The Lagos State Police Command yesterday said it had intensified search for the four landlords abducted last Saturday by suspected militia at Isheri, a border community between Lagos and Ogun States. Already, a team of policemen drafted to effect the rescue includes those from the Rapid Response Squad (RRS) of the Lagos State Police Command, the PoliceAir Wing Command, Ogun State Police Command and the Special Anti Robbery Squad of the Zone 2Police Command, Onikan, Lagos. THISDAY gathered that about 100 policemen were combing the creeks, just as there is an ongoing serious aerial patrol by the Police Air Wing Command. Also, an Armoured Personal Carrier (APC) and two patrol vehicles from Lagos and Zone 2 Commands were being manned by heavily armed

policemen at the estate, where the four men were kidnapped. However, residents of the area are still living in fear as the kidnappers have vowed to kill the captives if NI billion ransom placed on the heads of the victims are not paid. Gunmen suspected to be armed militia had last week Saturday morning stormed Isheri community in military uniforms and kidnapped four landlords who were doing their routine exercise and took them through the bush path to unknown destinations. In a bid to effect their immediate rescue, the police said they cordoned off the bushes from Isheri to Ikorodu, and other areas. A private security guard at the area who spoke on the condition of anonymity said: “On the fateful day, I saw the men doing exercise, as I was watching, I saw some men in

military uniforms. “They were in mask. They were shooting into the air. The sound of the gun scared us and we all laid down. They took four of them. Two months ago, the hoodlums came to this area and abducted a man. “The man was released after ransom was paid. The attack was not happening until we cleared a canal that lead to other parts. If we had not cleared the canal, I think the hoodlums would not have access to our area. “Well, this estate is a big one,I think it was time the government built a police station in this area.” Another resident, Ahmed Aliu, said: “I was wrestled down by the gunmen. They were heavily armed, so I had no alternative than to obey them. I thank God that I was not taken. “The landlords are still in captivity. The hoodlums have demanded a N1billion ransom

and have threatened to kill them if the money is not paid.” The Ogun State Commissioner of Police, Mr. Ahmed Iliyasu had on Sunday, visited the affected estate and assured residents of the police readiness to work with the Lagos state command to rescue the victims. The Assistant Inspector General of Police (AIG) Zone 2 command, Abdulmajid Ali, said the police were not aware of N1billion ransom demanded by the gunmen. According to him, “I am not aware of any demand for ransom but we have commenced investigation and we are going to rescue the landlords alive. “The Commissioner of Police, Ogun State Command, Ahmed Iliyasu, was there today and both Lagos and Ogun command are briefing me about the development. We are all out at ensuring that the victims are rescued.”

The operatives of the Nigerian Navy have successfully repelled attack by suspected sea robbers on Marine Tanker (MT) Hanze Kochi en-routed Lagos from Port Harcourt. The Director of Information (DINFO), Commodore Chris Ezekobe, in a statement yesterday, said the attackers made spirited effort to board the vessel 50 nautical miles off Bayelsa State on September 16, 2016 at about 0250 hrs. Ezekobe however, said the pirates were heavily engaged and overpowered in a gun duel by naval personnel. In the same vein, he stated that a patrol team deployed by FOB Bonny in Rivers State has arrested Marine Vessel (MV) FB PERE IPAMO at Shell Slot Jetty in Bonny for alleged involvement in illegal bunkering activities. He added that as at the time of arrest on September 14, 2016, the vessel was carrying about 500 metric tons of illegally refined Automotive Gas Oil (AGO). The Naval spokesman, also stated that a patrol team deployed by NNS DELTA, on Septembers 17, conducted anti-crude oil theft operations in which two illegal refinery sites were raided. He said: “The sites are located at Lakpaje and Ubeje Creeks in Warri South LGA of Delta State. “During the raid, the patrol team destroyed about 18,000 litres of suspected stolen crude oil and 15,000 litres of suspected refined AGO.” According to Ezekobe, the feat achieved by the Nigerian Navy in cracking down the activities of the criminals in the maritime domain is a pointer that there is no hiding place for any criminal. He promised that the service is ever committed to safeguard the maritime environment.

One Killed, Houses Burnt in Cross River Communal Clash

One person was feared killed, and two others seriously wounded following outbreak of violent clashes between New Netim Town and Odukpani Qua Town in Odukpani Local Government Area of Cross River State. Aside from the dead and injured, over 20 houses and several cars were razed in New Netim when armed youths from Odukpani Qua invaded their neighbours on yesterday morning. It was gathered that the house of the father of the Governor’s Chief Press Secretary, Christian Ita, Ntufam Raphael Okpa Ita, New Netim Village Head, was also torched and he had to flee for his life. It was gathered that the two communities had disputes in the past over land. “On Monday at about 1a.m., the people of Odukpani Qua Town invaded New Netim. They hired cultists and invaded the village yesterday. They left about 20 houses razed. They burnt several cars also. One boy has been killed. Two others were shot but are alive. The origin of the problem is land. There is a dispute over ownership of land and the thing went to court and New Netim won in court. So the Odukpani Qua people are not happy. This is the second time in about ten months. They did something like this in December.

TUESDAY SEPTEMBER 20, 2016 • T H I S D AY

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Humanitarian Crisis: Come to Nigerians’ Aid, CAN Cries out to World Leaders Northern minorities may be extinct, say US groups Paul Obi inAbuja As world leaders meet at the United Nations at the ongoing 71st UN General Assembly in New York, United States, the Christian Association of Nigeria (CAN) yesterday sent Save Our Soul (SOS) messages to the western countries, world leaders and philanthropists across the world on the ongoing humanitarian crisis in Nigeria. This came as two US groups, the 21st Century Wilberforce Initiative and the Stefanos Foundation, bemoaned the incessant attacks on ethnic and religious minorities in northern Nigeria by the Boko Haram terrorists and the Fulani militants, describing the

situation as the “worst in the world.” The President of CAN, Dr. Samson Ayokunle, noted that in spite of the devastation in Nigeria, being the worst in the world, it had not received the corresponding responses from the western countries. Ayokunle stated this at a two-day capacity building workshop tagged: ‘Religious Freedom in Northern and Central Nigeria’ in Abuja, adding that the victims “are human beings and need yours and our assistance in order to bounce back to life again. “This displacement is regarded today by many international bodies as the biggest humanitarian crisis or disaster in the world. “The most disheartening thing

about it is that it has not received substantial humanitarian response from the world, especially, the world’s most powerful nations as other disasters of smaller degree in other parts of the world. “I am therefore calling on the world powerful nations to come to the aid of Nigeria to end the insurgency. Come to the aid of many victims of insurgency in many internally displaced people’s camps or homes who are naked, jobless, orphaned, maimed or widowed.” CAN President said many people had heard about the activities of terrorists in Nigeria without documented statistical idea of the impact, explaining that the workshop

was designed to intimate them about the gravity of the situation. “This conference would afford us the opportunity and help us watch out against terrorism. This conference would also help enable us rise to the aid of victims of insurgency in many internally displaced people’s camps all over Nigeria,” he said. Speaking on their fact findings about the insurgency in the northern part of the country, the Vice President of the 21st Century Wilberforce Initiative, Dr. Elijah Brown , said: “What is unfolding in the northern and central Nigeria is one of the gravest current humanitarian crises in the world.” Brown called on the federal and

state governments to ensure rule of law and religious freedom in their respective domains to promote peace and unity in the country. He said: “Nigeria is a country on the verge of fracturing along religious fault lines. Ethnic and religious minorities in northern Nigeria are largely forgotten as they face systemic and systematic discrimination. “Muslim and Christian communities in North-eastern Nigeria are profoundly and negatively impacted by the terrorist violence pursued by Boko Haram insurgents. “In the Middle Belt, Fulani militants’ attacks are significantly escalating with the net effect that in the name of creating grazing territory, largely,

Christian local government areas are being targeted and destroyed. “If immediate action is not taken, religious minorities in northern Nigeria will continue to face policies and practices that seek to extinct their presence, while the violence of Boko Haram in the North-east will further compound one of the worst humanitarian crises in the world. “At the same time, the accelerating aggression of Fulani militants in the Middle Belt is threatening the heart of the country, creating one of the most significant security risks in West Africa, and solidifying religion as a primary identifier which will further destabilise and fracture Nigeria.”

Insuring happiness since 1970

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

TUESDAYSPORTS

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

Buhari Commends Paralympians for Making Nigeria Proud in Rio Afe Babalola donates N10m to Nigeria Olympic Fund ahead Tokyo Olympics

Tobi Soniyi in Abuja and Olakiitan Victor in Ado Ekiti President Muhammadu Buhari has congratulated Team Nigeria for an outstanding performance at the just ended Paralympic Games in Rio, Brazil. The president, in a statement by his Senior Special Assistant on Media and Publicity, Mr Garba Shehu, joined all sports-loving Nigerians in commending the athletes for doing the country proud by winning 12 medals and setting new records, which made them the top-performing African team at the 2016 games. The president extolled the resilient spirit of the Nigerian paralympic athletes who were able to excel in the face of adversity. Buhari applauded the athletes for their tenacity, focus and determination, which has brought glory to the country. The president also extended gratitude to all the officials and trainers of the paralympic athletes, who made sacrifices and persevered to fly the country’s colours. Earlier on Sunday, the first batch of the Paralympic athletes from Brazil were given heroes’ welcome on arrival at the Nnamdi Azikiwe International Airport, Abuja, with scores of well-wishers and family members singing and dancing hailing their feats. Meanwhile, founder of Afe Babalola University, Ado Ekiti (ABUAD), Aare Afe Babalola, has donated N10million in support of the Nigeria Olympics Fund initiated by ex-Nigerian ace sprinter, Mary OnyaliOmagbemi in conjunction with other ex-internationals to boost athletes’ performances. Babalola said the dismal performance of Team Nigeria at the Rio Olympics and the dwindling fortunes of sports in the country are wakeup call on the citizenry to rise up to the rescue of the sector. Babalola called on all tiers of government and public-spirited individuals “to make it a point of duty to contribute to the

funding of sports to improve our standing in continental and world tournaments”. The ABUAD founder spoke in Ado Ekiti yesterday shortly after he endorsed the Nigeria Olympic Fund (NOF), an initiative of former Nigerian internationals. The NOF is meant to raise funds to support Nigeria team to future Olympics in a bid to end a repeat of the frustrations of poor performance like it was witnessed again at the just-concluded games in Rio, Brazil. Babalola said : “We will deliberately turn around our fortunes right in sports and indeed other areas of human endeavour. I must point out that government cannot do it alone. There is need for private participation”. The ABUAD founder lauded NOF Executive Director (Technical), Onyali, for the initiative, saying this will go a long way in promoting sporting activities in Nigeria. Onyali, in an address at the event, praised Babalola for his support to sports development, which she said was the reason former Nigerian internationals overwhelmingly voted the ABUAD founder as the Chairman of the Governing Board of the Basic Olympic Opportunity Sports Training (BOOST). According to her, whatever monies they (celebrities) give us, we shall take 10 per cent into the National Athlete Welfare Fund to care for aging former sportsmen and women. Thirty per cent goes into NOC Solidarity Fund which sports federations will be able to access based on performance. Fifty per cent goes into the BOOST project. The balance of 10 per cent shall go into our operational account to drive this advocacy project,” she said. According to her, Ekiti State will from January next year enjoy the pilot scheme of the project with six schools in the state selected and the Elite Athletes programme for Tokyo 2020 will begin in ABUAD.

“From 2018, there will be youth leagues where these kids will compete at state,

zonal and national levels. A new generation of stars will be born, professionally supported

and managed to stardom. Our nation will never be the same again. Over 27,000 professionals

will be expected to work with us on this project to maturity,” Onyali said.

Victorious Team Nigeria Paralympians on arrival in ABuja… yesterday

Mikel Throws Tantrum Back at Terry Super Eagles captain John Mikel Obi has reacted to John Terry’s banter that he is the sleepy one in Chelsea’s dressing room. According to Mikel, another one of his country man should hold that title and it is Victor Moses. Although Terry had claimed Mikel is the sleepy one last season, Mikel’s reaction is coming at a time Moses is back to the Chelsea squad after a loan spell at West Ham last season. Terry told Goal.com in April: “Obi Mikel sleeps everywhere

we go, on the coach, it could be for a five minute journey and you look around and he is asleep.” But Mikel hit back at Terry’s cheeky comments to tell his side of the story. He told Goal.com: “I don’t know where he (Terry) got that from, but I don’t sleep in the bus. He definitely got it wrong. I think for the ‘sleepy one’ I will have to go with Victor because when you think he is there, he is gone.” Terry gave a light-hearted look into the inner sanctum

Mikel of the Blues’ changing room back in April, picking out ‘The Angel’, ‘The Romantic’, ‘The

Toughest’, ‘The Strongest’, ‘The coolest’ in the Chelsea squad amongst others.

ITF JUNIOR CIRCUIT

2 0 1 6 AW C O N

Quadri Begins Quest for Unprecedented Nigeria Draws Ghana, Third Straight Title Mali and Kenya The defending champions of the African Women’s Cup of Nations Nigeria, has been paired against Ghana, Kenya and Mali in Group B of this year tournament which is billed to take place in Cameroun. The draw ceremony held on Sunday in Yaounde, Cameroun with several African football legends including Roger Miller and Rigobert Song in attendance. The host, Cameroun was housed in group A, seeded top and will play South Africa, Zimbabwe and Egypt. The top two teams from the

preliminary stages will qualify for the knockout phase of the competition. The opening game will take place between Cameroun and Egypt at the Stade Ahmadou Ahidjo, while Nigeria gets the title defence against Mali at the Stade Municipal de Limbe. The Super Falcons will be looking to extend their dominance on the continent with an eighth African women title at this year’s edition. The competition will kick start on November 19 through December 3, 2016

Nigeria’s Barakat Quadri will begin her quest for an unprecedented three-straight title as the final leg of the 2016 ITF West /Central Africa 18 and Under Circuit holding in Lome, Togo enters its second round today. Quadri defied the odds to win the girl’s singles at the Benin and Togo legs of the world junior ranking tournament beating, among others, the top seeds Marie Ange Adomon of Cote d’Ivoire and Jansen Figueras of Spain en-route her triumph in both

Cotonou and Lome respectively. Quadri is making her debut at the tournament featuring players from Africa, Europe, North America and Asia Quadri’s spellbinding performance has shot her to be the fourth seed and she will battle Chakira Darmane of Togo who like the Nigerian was also drawn bye in the first round. The duo of Angel Mcleod and Toyin Asogba are the other Nigerians in the second round and they will face Serena Geli of Togo and Maxine Ng of

Malaysia. They could be joined by Venus Ubiebi and Peace Udoh who battle Ghanaian and Benin Republic opponents in the first round. McLeod is the most experienced in the girls’ team and she will be eager to improve on her performances in Cotonou and Lome where she reached the quarterfinal and semifinals respectively. The 16-year-old McLeod had her title dream curtailed on both occasions by Quadri. In the boys’ singles, a quartet of Nigerian players

will be in second round action on Tuesday. They are Michael Osewa, Christopher Bulus, Christopher Itodo and Jimoh Rasaki. For Quadri, a third consecutive singles title will put her into history as one of the most iconic feat in ITF junior tennis. Remarkably, she paired Asogba to win the doubles title in Cotonou but failed to repeat the feat in Lome as her combination with McLeod could only reach the semifinal.

TUESDAY, september 20, 2016 • T H I S D AY

TUESDAYSPORTS

Guardiola on Guard as City Begins League Cup Defence the League Cup in 2013. Kane ahead of its home game injury in Sunday’s 1-0 win over City on Saturday, gets its League County. “Now we have Man City on Cup campaign under way at Tottenham Hotspur is sweating with Gillingham, after he was Sunderland. Wednesday, Man City again on on the fitness of striker Harry stretchered off with an ankle Arsenal, who won 4-1 at Hull Nottingham Forest. Saturday, and then Liverpool. We have to improve. The opponent is not important, but our attitude is.” The stand-out tie of the third round takes place at the King Power Stadium today when Premier League champions Leicester City entertain Chelsea. Leicester go into the game on the back of successive 3-0 wins over Club Brugge and Burnley, while Chelsea were left smarting by a 2-1 home defeat at Liverpool’s hands on Friday. Another team in the doldrum is Manchester United, who crashed to a third consecutive loss at Watford in the league on Sunday. Jose Mourinho’s side visit third-tier Northampton Town, where defeat would rank alongside their humiliating 4-0 loss to Milton Keynes Dons in this competition under Louis van Gaal in 2014. “I know what is in my hands, the improvement of the team and individuals. I have to try to stop defensive mistakes,” Mourinho said after the 3-1 reverse at Vicarage Road. “I knew I had a task. It is tactical, but also mental. We have to improve, no doubt.” Man City’s Kevin de Bruyne (right) giving Sergio Aguero a hi-five in a previous game while other players watch with excitement The tie will rekindle memories of an extraordinary performance at Northampton by United great George Best, who scored six goals in an 8-2 FA Cup win at their old Late former captain and coach Training Center (SKFVTC) September 22 while the ground and South Africa Football County Ground in February 1970. of the Super Eagles, Stephen sited in Obazuwa, Edo State, is breaking ceremony and the Clubs)” and “Raising Funds Liverpool, last season’s beaten Keshi, is to be honoured by part of the activities to mark the investiture of Prince Edun via Social Media Activation (the finalists, begin their quest for a the National Association first National Executive Council Akenzua (MFR) as grand Carling Black Label Case Study Nigeria Professional (NEC) meeting of NANPF and patron, and other patrons of in South Africa - Orlando Pirate record-extending ninth League of Cup at Championship side Derby Footballers (NANPF) with investiture of patrons scheduled NANPF will hold on Friday, Vs Kaiser Chiefs).” Dignitaries expected to grace the establishment of a football to hold at the Best Western Hotel September 23. FIXTURES The main speaker for the the event includes President of and vocational training centre and the Palace of the Enogie of seminar, Mr Gerit Davids from the Nigeria Football Federation Obazuwa, respectively. named after him. TUESDAY WEDNESDAY The two-day event will South Africa, is expected to talk (NFF), Amaju Pinnick who will Secretary General of NANPF, Bournemouth v Preston Fulham v Bristol City Austin Popo, said in a statement feature a national seminar on on “Club Ownership Structure perform the foundation laying Brighton v Reading North’Town v Man Utd yesterday that the ground community football development and Sponsorship Strategies for of the Keshi Centre and also Derby v Liverpool QPR v Sunderland breaking ceremony of the Stephen preceding the plenary session of Community-based Football declare the NANPF NEC Everton v Norwich S’tampton v Cry’Palace Keshi Football and Vocational the NEC meeting on Thursday, Clubs (case studies in European meeting open. Leeds v Blackburn Stoke v Hull City Leicester v Chelsea Swansea v Man City Newcastle v Wolve Tottenham v Gillingham Not’ Forest v Arsenal West Ham v Accrington

Manchester City is launching its League Cup defence at Swansea City today with manager Pep Guardiola desperate to keep a lid on expectations after the supreme start to the season. City won all its eight games in all competitions – a club record – and preserved two-point advantage at the Premier League summit with a razor-sharp 4-0 win over Bournemouth on Saturday. It was the fifth time this season the Citizens have scored three or more goals in a game, but Guardiola has vowed that he will not allow complacency to take hold at the Etihad Stadium. “That is not going to happen when I am there,” he told reporters after the win against Bournemouth. “And don’t say it is too easy. I heard from years ago the Premier League is the toughest league and I am going to accept that. “We have a lot of work (to do) and we are just in September. We have played absolutely nothing. “Always for the next game we have to try to do it better than the game before.” The next game is against a Swansea side who were left a point above the relegation zone following a 1-0 loss at Southampton on Sunday. The result increased the scrutiny on coach Francesco Guidolin and with a league game against City to follow, and then a visit from in-form Liverpool, he faces a testing run of fixtures. “I am worried because my job is my job and it is my attitude to be always ready if it’s possible,” said Guidolin, whose club won

NANPF Honours Keshi with FootballTraining Centre

Rahaman, Goke Win Golden Tulip Squash Series

Abdulrahaman Olanrewaju and Goke Adediran emerged winners of their categories in the maiden edition of UPDC Hotels/Golden Tulip Squash series, which rounded off on Saturday with thrilling matches. In the Professional Men category, Abdulrahaman pulled an upset “I was hoping we would when he defeated national No.2 meet on the programme. He ranked Sodiq Taiwo to win the would have had a hint of what coveted prize in a pulsating he will see in the ring,” said the encounter that drew cheering Anambra-born boxer. ovation from the appreciative crowd. Their bout is one of the seven While, in the ‘Club Invitational lined up for GOtv Boxing Night 9, Tournament’, Goke – where the best boxer will go home representing Ikoyi Club, relied on with a cash prize of N1.5million experience, footwork and deceptive in commemoration of GOtv’s movements to overpower Ramsey fifth anniversary in Nigeria and Noah, who represented Eagle Club. the country’s independence. The Nollywood actor, who only Also billed to be on parade are few years ago started playing the two top Ghanaian boxers, each game of squash, ruffled many facing a Nigerian opponent. National feathers when he shocked-out light welterweight champion, Olaide some more experienced players Fijabi will take on Raphael Kwabena all through the knock-out stages King, while national lightweight up till the final. champion, Oto Joseph, will fight In the final, however he got his Richard Amefu in a resurgence of match in Goke whose powerful the Nigeria/Ghana sporting rivalry. shots and sheer body movements Another cracking encounter will obviously confounded the Nollywood be the national cruiserweight title star. It was the first time they were fight between challenger, Idowu meeting in any tournament. and incumbent champion, Ekeng “Ramsey is a professional actor, Henshaw. so I just felt this is my domain;

G OT V B OX I N G N I G H T 9

Jagaban Vows to Demolish Coded Man Semiu “Jagaban” Olabode has vowed to floor Ebubechukwu “Coded Man” Edeh when they clash in the national light middleweight challenge contest at GOtv Boxing Night 9, holding on October 2 at the Indoor Sports Hall of the National Stadium, Lagos. Both boxers are making their professional debut after being selected at GOtv Boxing NextGen Search. Edeh came through GOtv NextGen Search 1, while Jagaban was discovered at the second edition of the talent hunt. “I am not called Jagaban for nothing. Coded Man or whatever he calls himself will run for cover and announce himself as Coded Boy. He is a boy, not a man. I am putting him on notice that hell awaits him,” he boasted. But speaking on MiTv’s Sports Update, from which Jagaban was absent, Coded Man said his opponent’s absence was out of fear.

L-R Chairman, UPDC Nigeria Plc, Mr. Larry Ephraim Ettah presenting the award to winner of Golden Tulip Squash Series (Pro-Men category), Abdulrahaman Olanrewaju while MD/CEO, UPDC Nigeria Plc, Mr. Hakeem Oguniran watches with keen interest he shouldn’t come here to beat me because I may not defeat him in his own field,” Goke reacted after collecting his cash prize and some squash equipment. Ramsey paid tribute to his conqueror and said: “Goke is quite deceptive with his movements and style. Sometimes, he plays lackadaisically, like he wasn’t going

to reach the ball and before you know it, he is there hitting it hard. It is my first time playing against him and I’ve learnt that one must be on his toes all through the game to stand up against him. “Hopefully, next time I will catch up with him. His style is quite different. When you find people like that in the court, you

must go back to re-strategise and that’s what I am going to do. He is very deceptive with his strokes and with his movements. You can’t predict him.” Earlier on, participants witnessed the commissioning of state-of-the-art fitness centre at the hotel by Mr. Bankole Opashi – MD, Bodyline Fitness & Gym.

T H I S D AY • TUESDAY, SEPTEMBER 20, 2016

TUESDAYSPORTS

Again, Paralympians to the Rescue The 2016 Paralympic Games ended Sunday night in Rio de Janeiro, Brazil with Team Nigeria’s Paralympians rescuing the country once again as it happened in London four years ago. DURO IKHAZUAGBE writes Just like it happened four years ago, Team Nigeria’s special athletes to the 2016 Paralympic Games in Rio de Janeiro, Brazil have done it again! They have again removed shame from us as a country. Coming on the heel of a dismal performance at the 2016 Olympic Games where all we have to show is the bronze medal won by the John Mikel Obi inspired Dream Team VI, our paralympians achieved an all-time best performance of eight gold, two silver and two bronze medals. Nigeria finished overall 17th out of the 83 countries that made it to the medals table. Power-lifters: Lucy Ejike, Paul Kehinde, Roland Ezuruike, Bose Omolayo, Josephine Orji and Ndidi Nwosu were on top of their various categories. Flora Ugwunwa and petit Lauritta Onye straddled the javelin and shot put events to also add two precious gold medals to the six won by the power-lifter. Ezuruike won Nigeria’s first gold in Rio. Ejike broke the Paralympic and world record three successive times, to win the women’s -61kg event. Her successful attempt at 136.kg set a new Paralympic and world records. Ejike went on to set a bigger mark of 138kg, before lifting a massive 142kg to pick the gold. Kehinde in the -65kg men’s category lifted 218kg to beat his rivals to the gold medal. Omolayo broke her world record to set a new one with 138kg lift to also win gold medal. Orji’s gold in the women’s -+86kg power-lifting event was full of drama. She entered the contest with 151kg lift, a weight that was far beyond the capacity of any other competitor in her category. The only other lifter who came close to her effrontery, Egypt’s Nadya Ali failed in all her three attempts to lift 145kg. Orji lifted 154kg to set a new world record. Ugwunwa won the women’s

FINAL MEDALS TABLE 1 2 3

javelin throw – F53/54 event and the gold. With a throw of 20.25m, Ugwunwa set a new world record to beat Tunisia’s Hania Aidi and South Africa’s Ntombizanele Situ to second and third places respectively. Onye on the other hand, competing in the women’s shot put f40 event on the Day-four of the Rio Paralympics, first heaved 7.83m that saw her shatter her world record of 7.72m set at the IPC World Athletics Championships in Doha, Qatar in 2015. Onye’s fourth attempt of 8.40m sent secured the fifth gold medal for Team Nigeria. Nwosu on the other hand defeated the defending champion to win women’s -73kg Power-lifting event gold medal. Nwosu was set for the bronze medal before the Nigerian lady stepped up in her very last attempt, lifting 140kg to equal the Paralympics Record and usurp France’s Souhad Ghazouani for the gold. The feat of the paralympians was achieved through the ‘I Can Do it’ Nigerian spirit. It was not because they were granted the right conditioning by those saddled with running Nigerian sports. But for a country of over 170 million people, gold medal winner at previous Games (Atlanta ’96 and Sydney 2000), the outing in Brazil was bad news for the Olympians. Certainly not for the paralympians who are our heroes and heroines at the moment. So much hope was placed on Blessing Okagbare-Ighoteguonor to deliver in track and field’s sprint and long jump. Same goes for Daniel Igali and his wrestlers. Medal of any colour was going to be a bonus from Nigeria’s lone qualifier in boxing, Efe Ajagba. Of course, Aruna Quadri and Segun Toriola who led the table tennis team where clearly ranked outsiders before the Games began due to their world rankings. Aruna’s

Team Nigeria’s Paralympians and the Sports Minister, Solomon Dalung (5th left) at the Games Village in Rio, Brazil unfortunate quarter final pairing with world Number 1, Ma Long of China, were certainly no good news for the 2014 ITTF Star Player. Yet, Nigerians were hoping for miracles to happen. Why not? After all, Chioma Ajunwa was not favourite for any medal in Atlanta ’96 long jump but ended up with the ultimate gold medal. But by the time those who had prepared for four years began to compete against Team Nigeria athletes, no one needed to be told that our chances of making the podium and be counted amongst gold medalists was going to be a mirage. And so, Okagbare failed to make the final of both 100m and 200m. The long jump that would have been her best chance for a medal,

Belgium

5 3

Vietnam

1 1

Slovakia

5 3

Finland

1 1

Algeria

4 5

T’ &Tobago

1 1

COUNTRIES

China Great Britain

107 81

Ireland

4 4

Kazakhstan

1 1

64 39

Mexico

4 2

Slovenia

1 1

Egypt

3 5

Bahrain

1 0

Serbia

3 2

Bulgaria

1 0

Norway

3 2

Georgia

1 0

Ukraine

41 37

USA

40 44

Australia

22 30

Morocco

3 2

Kuwait

1 0

Germany The Netherlands

18 25

Turkey

3 1

Japan

0 10

17 19

Kenya

3 1

Venezuela

0 3

Malaysia

3 0

Jordan

0 2

Colombia

2 5

0 2

0 1

Qatar Chinese Taipei Bosnia & Herz’ Ethiopia

0 1

Ivory Coast

0 1

Uganda

0 1

Portugal

0 0

Israel

0 0

Mongolia

0 0

Cape Verde

0 0

Indonesia

0 0

Mozambique

0 0

Pakistan

0 0

Philippines

0 0

7 8

Brazil

14 29

Italy

10 14

UAE

2 4

Poland

9 18

Iraq

2 3

Spain

9 14

Hong Kong

2 2

France

9 5

Croatia

2 2

N’Zealand

Switzerland

2 2

Canada

8 10

India

2 1

Iran

8 9

Lithuania

2 1

Uzbekistan

8 6

Latvia

2 0

Nigeria

Singapore

2 0

8 2

Hungary

1 8

Azerbaijan

1 8

Cuba

8 1

Belarus

8 0

Sweden

1 4

South Korea

7 11

Austria

1 4

Tunisia

7 6

Czech Rep

1 2

South Africa

7 6

Denmark

1 2

Romania

0 0

Thailand

6 6

Namibia

1 2

Saudi Arabia

0 0

Greece

5 4

Argentina

1 1

Sri Lanka

0 0

she skipped it for the longer sprint because both events clashed. Not even Tosin Oke and Doreen Amata who were in top brackets of the men’s triple jump and women’s high jump could make the final of their respective events. Unlike at the London Games where Nigeria made finals of no less than six events of the track and field, Rio2016 was a mission impossible. Save youngster Divine Oduduru who showed brilliance in the 200m, reaching the semi final in his first Olympic appearance, there certainly was nothing to cheer from athletics. Is anyone surprised that Nigeria failed in Brazil? To discerning followers of the country’s sports, there couldn’t have been better news for Team Nigeria beyond the bronze. Four years after former President Goodluck Jonathan conveyed a Presidential Summit on Sports in Abuja to review why Nigeria failed at London 2012, nothing came out of that jaw jaw, that had the best of the country’s sports technocrats present papers on the way forward. Instead of putting into action all that were articulated at that summit to ensure that Rio2016 became a turning-point, the sport sector was ignored. Other countries who valued the Games gave their preparations the desired fillip needed to excel. Great Britain for instance that was behind Nigeria on the medals table at Atlanta ’96 consolidated on the programme it initiated ahead of hosting the 2012 edition. Is anyone surprised that Team Great Britain upstaged China to emerge the second best team at Rio2016 winning 27 gold 23 silver and 17 bronze medals? Their athletes have also carried the new form into the paralympic, finishing second with 64 gold, 39 silver and 44 bronze medals. Of course, sports loving Nigerians who were made to go through the stress of staying up all night to watch Team Nigeria perform at Rio2016 are up in arms against those saddled with

In four years time, it will not surprise followers of Nigerian sport if we return fromTokyo empty handed in the Olympic and only have to take consolation in the paralympians salvaging the situation as they have done again in Brazil. We hardly ever learn from history the running of the country’s sports. Dalung who appears to lack the direction to lead Nigeria’s sports sector is blaming everyone but himself for the poor outing. Are we expecting to see any change at the next Games in Tokyo Japan in 2020? It is very doubtful. Nothing is going to change with the way we are carrying on the business of sports in the country. Until we begin to treat sports like business and not mere leisure, Team Nigeria will always attend the Olympic, merely to add up the number. No serious country will treat her country’s preparation for the Games the way we did ahead of Rio2016. There was no preparation of any sort both locally and foreign. The story of the Under-23 football team who went to Atlanta, USA as part of their preparation for the Games in Brazil is now all too familiar. That the Dream Team won the bronze in the football event was not because Nigeria adequately prepared for it. Rather, it was the sheer determination of the boys (and Coach Samson Siasia) to succeed. How the boys were left stranded without funds by the Federal Ministry of Youth and Sports is well known to all. Of course, the Olympic is no FIFA event and so cash-

strapped Nigeria Football Federation (NFF) cannot be blamed for the hell the Dream Team VI went through to achieve the bronze medal finish. It took the intervention of Mikel twice to bail out the team from cash embarrassment. Even after being stranded in Atlanta with the prospect of missing its first group game against Japan looming, it took the intervention of America airliner, Delta Air, to come to its rescue. The Chelsea star again came on to rescue the team ahead of its second game. As if to tell Nigerians that we should learn to appreciate what we have, it took a Japanese plastic surgeon Katsuya Takasu to show appreciation to the Dream Team, handing out a hefty $390,000 reward to the boys. To date, no other person, (corporate or individual) has come out to reward the boys for the lone bronze brought home by the team. That goes to show the mere lip service we all have been paying to sports development. Yet, we all want to see Team Nigeria win gold medals with no motivation. In four years time, it will not surprise followers of Nigerian sport if we return from Japan empty handed in the Olympic and only have to take consolation in the paralympians salvaging the situation as they have done again in Brazil. We hardly ever learn from history.

Tuesday September 20, 2016

UT H

& RE A S O

Price: N250

MISSILE Buhari to Biafra Agitators

“As a military commander, I walked from Degema, a border town between the North and the East, to the border between Cameroun and Nigeria. I walked on my feet for most of the 30 months that we fought the Nigeria-Biafra civil war, in which at least 2 million Nigerians were killed. We were made by our leaders to go and fight Biafra not because of money or oil, because oil was not critical factor then, but because of one Nigeria.” – President Muhammadu Buhari telling separatists agitating for the independent state of Biafra in the South-east of Nigeria to perish the thought, adding that the indivisibility of the country under his watch is sacrosanct.

KINGSLEYMOGHALU GUEST COLUMNIST

Do Economists Matter?

hort answer: Yes, but only if they are also economic thinkers. Not all persons who hold degrees or certificates in economics are economic thinkers. Not all economic thinkers hold formal economics degrees. The history of the world economy and many national economies has been shaped by economic thinkers. Some of these minds are technical economists, and others are not. Let me explain: We are in a recession. Beyond that, Nigeria faces even more fundamental economic challenges such as achieving real economic diversification that must be anchored on industrial manufacturing and exports of value-added products rather than raw commodities or minerals. Critics and analysts have raised questions about the competence of economic management in Nigeria today and in recent years. And we have heard it bandied about that part of the problem is that the economic management team does not include notable economists and has “too many lawyers”. The matter is more nuanced. As we engage in recession-induced ruminations on the economy, economics and economists, the real question we should be asking is whether the economy is being managed with a clear economic vision, substantive depth of knowledge of the issues that confront us, and exactly what steps to take in addressing them. The team with that task certainly should include technical economists. But something more fundamental is needed, because Nigeria has never lacked economists, inside and outside government. Yet we have not been able to diversify our economy away from oil after more than four decades. We remain a poor nation and have not been able to create the wealth of nations, only that of a few individuals. Part of the problem is that, after all these years, even our economists have gotten it mainly wrong. This doesn’t mean that economists don’t matter. It just means, in my view, three things: that they are not infallible, political will also has not been consistent, and the necessary policy space and empowerment has not always been forthcoming. Economic thinkers have philosophical foundations. They have big and bold ideas about economic phenomena and their application to economic policy and to societies. Nigeria lost the plot on economic transformation after the era of truly distinguished economists like the late Dr. Pius Okigbo and Prof. Adebayo Adedeji. These were transformational thinkers and policymakers who authored original, authoritative writings on economic policy and economic transformation. The economies of the wealthy industrialised nations have been heavily influenced by economic thought and fertile minds. Adam Smith, the British author of the commanding economic work “The Wealth of Nations”, is regarded as the founder of the modern economic profession. He was a moral philosopher with no formal training in economics. His famous 19th century book was an original work that set out a clear, easy-to-understand intellectual argument for the capitalist mode of production, organisation and free markets. David Ricardo was a stock and loan broker. He similarly had no formal training in economics, and became a professional economist only after reading Adam Smith’s magnum opus. Ricardo’s 1815 “Essay on the Influence of a Low Price of Corn on the Profits of Stock” propounded the economic law of diminishing marginal returns when a fixed resource such as a fixed amount of land is worked for production. Ricardo’s most famous contribution to economic thought and policy, however, is the theory of comparative advantage that became the cornerstone of world trade. The (also British) economist John Maynard Keynes remains arguably the most influential economist of the 20th century. Keynes, who played a key role in the establishment of the Bretton Woods institutions (the International Monetary Fund and the World Bank), influenced a strong role by governments, through

Minister of Finance Kemi Adeosun deficit spending, in economic recovery after World War II. He rebutted neoclassical economic thought and its worship of free markets. The success of his ideas at the time is reputed to have “saved capitalism from itself”. Keynes studied classics and mathematics at Cambridge University. He had only an eight-week undergraduate training in economics and never sat for an exam on the subject! You cannot discuss Keynes without his subsequent critic, the great American economist and Nobel Laureate Milton Friedman who challenged Keynesian pro-growth fiscal management with a focus on “monetarism” (the role of the money supply), floating exchange rates and financial stability. Friedman’s economic philosophy helped the United States central bank, the Federal Reserve Bank, to slay inflation in the 1980s and helped contain the impact of the global financial crisis of 2008. Three contemporary economists wield great influence today. One is the Nobel Laureate Joseph Stiglitz, famous for his cogent and powerful critiques of globalisation and its conventional wisdoms in his book “Globalisation and Its Discontents”, Justin Yifu Lin, the Chinese development economist and (like Stiglitz) a former Chief Economist of the World Bank who has explained the intellectual, philosophical and policy thrusts of the Chinese economic miracle, and Thomas Picketty, the French economist whose hugely influential recent tome “Capital in the 21st Century” questioned wealth and income inequality in Europe and the United States and has sold more than three million copies. The underlying point is that intellectual and philosophical thought and inquiry on economic questions, and its application to public policy, is what makes a difference in the wealth and poverty of nations. This intellectual depth and rigour is what is needed in Nigeria’s economic policymaking framework today, and it is against its presence or absence that our economic policymaking should be judged. This necessary attribute for economic transformation assumes an understanding of economic philosophy and economic science, as well as (preferably) practical experience and track record in economic policy making. But it does not necessarily require a formal degree in economics. Economic development, in reality, involves the application of several different disciplines. This is why, although technical economic-statistics number crunchers must provide inputs into economic policy for the policy process to have rigour and integrity, superior economic policymaking requires a variety of skill sets. Despite its claims to scientific status, the “dismal science” is still a social science, not a physical or biological one. It is neither medicine nor engineering, much less nuclear physics (which is why unanimity amongst economists is impossible). And so, as we have seen, some of the most influential economists in modern history were not formally trained or certified in the subject. If we were to follow the rather narrow view of

who is an economist, we could come to the fantastically ridiculous conclusion that immortal economists such as Maynard Keynes were not economists at all! Gordon Brown, a former British Prime Minister and a former Chancellor of the Exchequer, was one of Britain’s most successful finance ministers, but he holds bachelor’s, master’s and doctoral degrees in history. Christine Lagarde, the head of the International Monetary Fund (IMF), is a lawyer who was previously finance minister of France and prior to that the head of the global law firm Baker and McKenzie. Chief Obafemi Awolowo, a lawyer, was a highly successful Federal Minister of Finance in Nigeria. There are too many other examples to mention at home and abroad. And we should not forget that the economic transformations of China and Singapore were driven by economic policymaking elite dominated by engineers and lawyers respectively. In many cases it is the ability, depth and agility of intellect to understand, master and apply economic thought that matters. The real questions that confront us in Nigeria are those of development economics and political economy. That means understanding and settling four main issues of development economics. The first is the linear stages of growth model which assumes (not always correctly) that increases in capital investment automatically result in greater economic growth. The second is the question of how to achieve structural change from a subsistence agrarian society to an industrial manufacturing and service economy. The third is where to place theories of international dependence that believe that the roadblocks to our development are essentially external rather than internal. And the fourth is the neoclassical or free market approach to development which argues that markets should be left largely unregulated and that governments should “hands off” the steering wheel of the economy. Economics as a profession undoubtedly matters,

even if it has been controversial for several reasons. One reason why it has not become more influential than it already is, is a tendency to deny the influence of other, non-economic factors (good or bad) such as politics and culture in shaping economies. The subject has also become increasingly inaccessible to publics over time as its disciples have resorted more and more to the esoterica of mathematical models. Economists are divided on this evolution. And the failure of economists (save one or two solitary ones) to predict the global financial crisis and the great global recession that followed, has done economics and economists no favours. Indeed, the promotion by some economists of behaviours and theories such as the “efficient market hypothesis” that resisted the effective regulation of financial markets and resulted in the booms and busts of banks and stock markets has humbled the discipline further. Most importantly, economics matters for Nigeria. The sensible application of rational economic principles to statecraft must consciously overturn the dominance of political, populist and vested interest factors in policymaking that has been the biggest obstacle to Nigeria’s development. In the recent democratic era, a strong focus on economic reforms in the government of Olusegun Obasanjo was noteworthy. For this reason, we must prioritise and popularise economics amongst both the populace and our political leaders. This is important for Nigeria’s future. We are still a poor country mainly because we have as a nation failed the test of macroeconomic management and structural economic transformation. A famous slogan in the then US presidential candidate Bill Clinton’s political war room in the early 1990s read: “It’s the economy, stupid!”. • Professor Moghalu, a former Deputy Governor of the Central Bank of Nigeria, is the author of “Emerging Africa: How the Global Economy’s ‘Last Frontier’ Can Prosper and Matter”

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