Tuesday 11th October 2016

FG to Spend N350bn Releases to Fund Budget

Emma Okonji

Amid complaints that Nigerians are not feeling the impact of the economic policies of the present administration, Vice-President Yemi Osinbajo has assured the public that

the federal government is bent on revamping the Nigerian economy through its policies designed to diversify the economy.

Osinbajo, who spoke at the Policy Dialogue Forum on the economy at the 22nd

Nigerian Economic Summit in Abuja yesterday, said there was need for government to inject more money into circulation to cushion the effects of the recession, and one of the ways through which government could

achieve it is to inject the expected N350 billion that was looted by past governments into the Nigerian economy to fund the budget.

Although he said not all the money had been recovered, he explained that the amount

already in the government coffers would be used to fund the budget.

“A good percentage of the stolen monies has been recovered, and we are still expecting about $400 million from the US and about $300

million from Switzerland.

“By the time all these monies are recovered, we will surely inject them into circulation to support budget funding,” Osinbajo said.

Continued on page 6

Buhari Hands over Two Presidential Aircraft to Nigerian Air Force… Page 39 Tuesday 11 October, 2016 Vol 21. No 7845. Price: N250

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How NJC Rejected DSS’ Request to Probe Judges Letters between agencies reveal bickering over right nomenclature for Daura Seven judges released, CJN says action regrettable NJC to meet today as Malami snubs S’Court valedictory session NBArejects presidency’s justification for arrest, police explain PH intervention Abuja courts grounded Iyobosa Uwugiaren, Tobi Soniyi, Damilola Oyedele, Dele Ogbodo and Alex Enumah in Abuja As mixed reactions continue to trail the arrest and investigation of 15 judges nationwide for alleged corruption by the Department of State Services (DSS), it has emerged that the investigation

into the judges started as far back as January or February this year, with the correspondence exclusively unearthed by THISDAY showing that the National Judicial Council (NJC) rejected the investigation into the judiciary, citing separation of powers and rule of law.

Continued on page 6

Police Recover N14.7m from Nine Suspected Kidnappers of CBN Gov's Wife Suspects including two soldiers shared N54m used as bait

Dele Ogbodo in Abuja The Nigeria Police Force (NPF) yesterday exhibited N14,725,000, two Honda cars, one Audi car, one AK47 magazine, and two cartridges recovered from the nine suspected kidnappers of Mrs. Margaret Emefiele, wife

of the Central Bank of Nigeria (CBN) governor, and her three relatives.

Mrs. Emefiele and her relatives were abducted on Thursday, September 29 at Ogoneki Hills along the Benin-Agbor Road in Delta Continued on page 6

HABITUAL VISITOR…

President Muhammadu Buhari (right) and former President Olusegun Obasanjo, when the latter visited the president at the State House, Abuja… yesterday

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TUESDAY OCTOBER 11, 2016 T H I S D AY

TILAHUN

BETHLEHEM ALEMU

T H I S D AY TUESDAY OCTOBER 11, 2016

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T H I S D AY TUESDAY OCTOBER 11, 2016

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PAGE SIX FG TO SPEND N350BN RELEASES TO FUND BUDGET President Muhammadu Buhari who declared the summit open, with the theme “Made in Nigeria” insisted on the need to diversify the Nigerian economy in order to make Nigeria less dependent on oil.

“As I have said in the past, we need to diversify the economy so that we will never again have to rely on one commodity to survive as a country.

“So that we can produce the food we eat, make our own textiles, produce most of the things we use and create the right environment

for our young ones to be able to benefit and create jobs through technology.

“These have been the commitment and mandate of this administration and I have remained focused on them since the assumption of this administration,” Buhari said.

The president added that there was clearly no better way to achieve this without building on the economic foundation of “Made in Nigeria” goods and services.

“Fortunately, we have

champions of ‘Made in Nigeria’ goods and services that have defied the odds over the years to produce locally developed products and contributed to our economy,” Buhari added.

“Initiative and incentives that will enhance ‘Made in Nigeria’ are already being put in place by this administration, and I encourage more local production to improve the ease of doing business in our environment, transfer our technology and innovative capabilities, improve quality

and standards, promote exports and change our old attitude and behaviour,” Buhari said.

He said his greatest desire was to see Nigeria move from being import-dependent to achieving self-sufficiency in local production and become an export-led economy in goods and services.

“I strongly believe that this summit will bring all stakeholders on board to stay on the course,” he added.

The Minister of Budget and National Planning, Senator

Udoma Udo Udoma, said the present government was doing so much to put Nigeria on the right path through its economic policies, but expressed concern that Nigerians were yet to feel its impact.

He promised to use his office to engage Nigerians more on the social media on the activities of government to enable them have a feel of government activities and how such activities are designed to strengthen the Nigerian economy and make life easy for them.

Giving details on what government is doing in diversifying the economy in the area of agriculture, Osinbajo said: “Government is investing heavily in rice production in 12 states where rice production has grown from 3.5 tonnes per annum to 7.5 tonnes per annum in less than one year.”

He said there was need to support the private sector through credit facilities at low interest rates, adding that this is meant to inject more money into circulation.

comprising its members under the chairmanship of Hon. B.A. Adejumo, OFR, President of the National Industrial Court, to investigate the allegations contained in your petition, among others.

“At its meeting which held on the 14th and 15th of July 2015, Council considered and deliberated extensively on the report and noted that the officer that represented your office at the investigative committee, averred that your office could not conduct full investigation of the petition to obtain hard facts to support the preliminary report, as allegedly, your organisation was directed by the Honourable, the Chief Justice of Nigeria and Chairman of the National Judicial Council, to stay further action on the matter to allow the National Judicial Council look into it.

“At the end of deliberation, Council found that the claim by your organisation is not correct, as the Honourable, the Chief Justice of Nigeria and Chairman of the National Judicial Council, Hon. Mahmud Mohammed, GCON, did not stop your office from conducting full investigation so as to obtain hard facts to support preliminary findings and proof of allegations without inviting Hon. Justice Pindiga to your office, having done so when he was serving as the Chairman of the Election Petition Tribunal.

“Consequently, in the absence of any patent evidence to substantiate

the allegations contained in your petition against the Judicial Officer, Council was unable to find any act of misconduct to warrant His Lordship being sanctioned.

“Council further directed that while it is appreciative of the wonderful working relationship between the Judiciary and other Arms of Government, in fidelity with the Principles of Separation of Powers and Rule of Law, it is not amenable to invitations being extended to judicial officers by departments and agencies of government for any reason.”

The council’s letter elicited a swift and angry response on September 14, 2016 from the DSS, which first reprimanded the NJC for having the temerity to address the DG of DSS, Mr. L.M. Daura by his name, in its letter of September 7.

Signed by Mr. Ahmed Ahmad on behalf of the DG, the DSS made it abundantly clear that the NJC’s letter should have been addressed to the “Director-General, Department of State Services, simpliciter”, and all correspondence should henceforth bear the correct nomenclature and address of the DG, DSS. After letting off steam over the correct nomenclature to be used for the DG, DSS, the letter stated: “I am further directed to note paragraph 5 of your letter in which it was stated that the “Council is not amenable to invitations being extended by

Departments and Agencies of government for any reason” and to observe that if this is strictly adhered to, it would constitute a serious obstacle on the path of Agencies of Government saddled with the responsibilities of carrying out or conducting investigation into any criminal act by the Judicial Officers concerned.”

The letter went on to remind council that under the provisions of the Nigerian Constitution, “only the president, vice-president and sitting governors and their deputies are conferred with immunity”.

“Even then, this immunity does not exempt them from criminal or security investigation,” it noted.

It said: “In view of the foregoing, and the fact that Council has concluded action on the Pindinga case, I further directed to humbly request you to direct Justice Mu’azu Pindiga to report to the National Headquarters of the Department of State Service to see the Director Operations on 15th September, 2016 at 1100 hours unfailingly.

Responding on the day Pindiga was supposed to appear at the DSS, the secretary of the NJC wrote to the DSS reminding it that its manner of address in the letter of September 7 in which it used Daura’s name and his designation was not disrespectful, nor was it unusual and that the council had in the past written similar official letters to “Mr. President,

is a native of Igbuku village, Ndokwa East LGA of Delta State. He also volunteered a confessional statement to his involvement in the crime.

“Investigations revealed that he also bought a Honda car worth N1.5 million and furnished an apartment in Benin City, Edo State within 48 hours of the kidnapping.

“The sum of N1.5 million in cash and the said Honda car were recovered from him,” he said.

Mohammed Abubakar, also known as Dogo, is a native of Mubi town, in Mubi LGA of Adamawa State and the leader of the group.

The IG said he confessed to the crime and admitted that he received the sum of N11 million in cash from the ransom, adding that the suspect, however, claimed to have given one Danjuma who is presently on the run, the said sum to keep for him.

Mohammed Sule hails from Awe village in Awe LGA of Nasarawa State, the IG added.

The suspect, he said, confessed to have received N10 million in cash as part of his share of the ransom paid and claimed a soldier and gang leader escaped with the loot.

Ibrahim Abdullahi from

Fondogeri LGA of Niger State, admitted to have received N10 million in cash as part of his share of the ransom money, while Aliyu Musa and Mohammed Yusuf were arrested for their involvement in the kidnapping based on information availed the police

by Mohammed Musa.

Musa and Yusuf are being investigated further on the roles played by them in the commission of the crime, said the IG.

HOW NJC REJECTED DSS’ REQUEST TO PROBE JUDGES The NJC also informed DSS that it was not amenable to “invitations being extended to judicial officers by departments and agencies of government for any reason”.

It was the refusal by the NJC to co-operate with the DSS that prompted the crackdown on the judges around the country at the weekend.

Preparatory to their arrests, the DSS on October 5, 2016, had obtained search warrants from a magistrate’s court in Abuja for Justices Nnamdi Dimgba, Sylvester Nwali Ngwuta, A.A. Ademola and John Inyang Okoro.

In the search warrants sighted

by THISDAY, all the judges were alleged to have engaged in corrupt practices, falsehood and underdeclaration of assets.

The warrants granted the DSS the power to search their residences for money in Nigerian and foreign currencies, bank tellers, computers and other incriminating evidence.

However, after the crackdown the DSS late Sunday night released seven of the judges it arrested between Friday and Saturday, ostensibly because it did not get the co-operation of the NJC. This was evident yesterday when the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed appealed for calm over the unprecedented arrest of two of his colleagues and other judges of lower cadre, and expressed deep regret over the “distressing and unfortunate

incident”.

The CJN, who broke his silence on the issue during the valedictory session held in honour of a retired Supreme Court judge, Justice Suleiman Galadima, also said he was saddened by the event.

Mohammed’s stance was reinforced in a number of letters between the NJC and DSS, which were obtained exclusively by THISDAY, showing that the investigation into the alleged corrupt practices by the judges started early this year.

The letters also showed the reluctance by the NJC to co-operate with the DSS in its investigation of the judges.

In one letter dated April 19, 2016, the NJC through its secretary, Mr. Danladi Halilu, on behalf of the CJN, wrote to the DSS, acknowledging its letter titled, Re: Corrupt Practices of Justice Pindiga, which was dated February, 26, 2016.

In the said letter, the NJC wrote: Reference your petition dated 26th February 2016, to the Hon. President of the Court of Appeal and copied to the Honourable, the Chief Justice of Nigeria and Chairman of the Nigerian Judicial Council, Hon. Justice Mahmud Mohammed, GCON, against Hon. Justice M.A. Pindiga of the High Court of Justice, Gombe State on the above subject matter.

“I have been directed to inform you that your complaint has not complied with the extant Judicial

Discipline Regulation 2014 of the Council, as it was not accompanied with a verifying affidavit deposed to by you before a court of record.

“In view of the forgoing, you may wish to comply, please.”

In yet another letter to the Director General, DSS, dated August 29, 2016 and signed this time by the CJN, the NJC acknowledged receipt of a petition dated August 5, 2016 on corrupt practices and professional misconduct by Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court.

It further informed the DSS DG that action was being taken on the petition.

Then in a letter dated September 7, 2016, titled “Re: Corrupt Practices of Justice Pindiga”, which was signed by the secretary of the NJC, the council adopted a more dismissive tone saying that its investigation had not found Justice Pindiga wanting that would warrant his sanction.

It stated: “Reference your Petition No. DGSS.71/3161, dated February 26th 2016 to the Honourable, the Chief Justice of Nigerian and Chairman of the National Judicial Council, Hon. Justice Mahmud Mohammed, GCON, against the Hon. Justice M.A. Pindiga of the High Court of Justice, Gombe State, on the above subject matter.

“At its meeting of 1st and 2nd of June 2016, Council constituted a Fact Finding Committee

Continued on page 10

POLICE RECOVER N14.7M FROM NINE SUSPECTED KIDNAPPERS OF CBN GOV'S WIFE State. She and others were rescued 36 hours after their kidnapping, following a massive manhunt involving all the security agencies in the country.

Among the nine suspects paraded by the police yesterday were two serving Nigerian Army lance corporals — Musa Maidabra (28) and Edwin George (32) – and a dismissed soldier of the army, Ernest Anthony Uduefe.

Other arrested suspects included: Mohammed Abubakar (29), also known as Dogo, the alleged gang leader; Mohammed Musa (26); Mohammed Sule (26); Ibrahim Abdullahi (30); Aliyu Musa (30); and Mohammed Yusuf (36).

In a statement issued in Abuja on behalf of the Inspector General of Police (IG), Mr. Ibrahim Idris, the Force Public Relations Officer, DCP Donald Awunah, explained that the ransom paid for the safe return of the CBN governor’s wife was used as a bait or bargaining chip to save the lives of the victims, which was primary to the objectives of the security operatives.

However, he said the police would not encourage the payment of ransom by relatives of kidnapped victims,

cautioning relatives to exercise considerable restraint while the police do their intelligence gathering to rescue the victims.

He advised that at all times of kidnapping, the public should immediately involve the police because paying ransom in some cases could be counter-productive.

The IG said: “The curtailment of the activities of kidnappers in our communities will be ultimately successful through the cooperation and collaboration of all stakeholders. There must be collective ownership of law enforcements.”

On how Mrs. Emefiele and her relatives were rescued at Ugoneki hills, the IG said he ordered the Intelligence Response Team and other tactical teams to swing into action to rescue her when they got information of the abduction, adding that it yielded positive result, as they were rescued the following day.

All the suspects, according to the police, admitted being part of the kidnapping gang that abducted Mrs Emefiele and others, adding that through their confessional statements, they alluded to have partaken in sharing the ransom money.

While the two serving

soldiers confessed to sharing N6.5 million each, the others got between N10 and N11 million each, adding up to about N54 million extorted from their victims’ families.

The two lance corporals provided the army uniforms and gun, THISDAY learnt.

On the injury sustained by Mohammed Musa, the IG said: “The suspect is 26 years old and hails from Yabo LGA of Sokoto State. He confessed to receiving the N10 million from the ransom paid.

“He sustained bullet wounds after a gun duel with the police while trying to leave the forest where they had kept their victims. N7.7 million was recovered from him. Useful information was gotten from him that led to the arrest of other gang members.”

He also revealed that Lance Corporal Maidabra is a 30-yearold native of Katau Village in Billiri LGA of Gombe State.

“A lance corporal with the Nigerian Army serving at 122D30 Regiment in Maiduguri, Borno State, he was arrested for the active role he played in the kidnapping.

“Upon his arrest, he made a confessional statement to the police admitting to be part of the gang that kidnapped and

collected ransom from the victim’s family.

“In the course of investigation into the crime, an SUV worth N1.5 million and a sum of N4 million, which was his own share of the ransom money, was recovered from his possession.

“It was also discovered that he, in the company of NA/65/6582 Lance Corporal Edwin George and one Ernest Anthony Uduefe, a dismissed soldier, while dressed in army uniforms, escorted some of the kidnappers and the ransom money in a maroon coloured Audi car out of the forest where they had kept the victim, to Benin City, Edo State,” the IG stated.

In the case of Lance Corporal George, he is a native of Otukpo town, Otukpo LGA of Benue State. He is personnel of the Nigerian Army serving at 122D Regiment in Maiduguri, Borno State.

“As earlier mentioned, he was part of the trio that escorted the ransom money to Benin City, Edo State. A Honda car worth N1.1 million, which he used part of his loot to purchase was recovered from him.

“The suspect was arrested on October 5, 2016 at about 1300hrs in his home town,” the IG divulged.

Uduefe, the dismissed soldier,

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Health of Abducted Model College Student Worsens as Kidnappers Reject Ransom Offer Chiemelie Ezeobi The health of one of the two school children abducted last week by gunmen from Igbonla Model College, Epe, Lagos, was said to have taken a turn for the worse yesterday, just as the kidnappers rejected the N750,000 offered to them as ransom.

The victim was said to have fallen ill after the heavy

downpour on Saturday, which prompted the kidnappers to ask for ransom from his family so they can release him for treatment.

The family was said to have raised N750,000 which they offered to the kidnappers, who in turn rejected it and asked for N1 million.

The new sum was a far cry from the initial N100 million they had demanded, after they

had stormed the college last Thursday and abducted the vice-principal, a teacher, and two students from the school.

By Saturday evening, the kidnappers had reduced the ransom to N5 million each totalling N30 million, before yesterday’s further reduction to N1 million.

Speaking on the condition of anonymity yesterday night, a family member of one of the

abducted students said: “We were contacted that our child is very sick. They said due to the heavy downpour that the child is very ill.

“They said for the child’s sake, they have reduced the ransom to N3.5 million each, but gave respite to our family. They said we should drop something reasonable and pick our child.

“They have told us where and how to pay the ransom,

but they warned that we must not involve the police. We are gathering money.

“We have begged them to give the child drugs while we make efforts to raise the money.

Our fear is not knowing what is reasonable? When my sister asked what is reasonable, the man switched off his phone.

“They may not understand how we were able to raise the N750,000. We sold many things

in our house and other family members contributed as low as N1,000.

“I am appealing to the kidnappers to take the child as theirs. Please, accept the money we offer and set the sick child free for treatment.

“We have been looking for who to borrow N250,000 from, but nobody is willing to assist.

Please, temper justice with mercy."

immediately take the necessary and urgent steps to set in motion the process of cleansing the system.

He said: “Urgent steps to restore the confidence of the Nigerian people in the nation’s judiciary must be taken.”

He also called on lawyers to remain resolute and speak with one voice, adding, “This is not the time to be divided”.

continued to trail the arrest and interrogation of Nigeria judges yesterday, with several members of the House of Representatives insisting that their arrest was outside the jurisdiction of the DSS, as issues of financial crimes fall within the mandate of the Economic and Financial Crimes Commission (EFCC) and other anti-graft agencies.

The lawmakers, in separate interviews with THISDAY, warned that deploying the DSS to carry out the duties of the anti-graft agencies amounted to weakening the institutions.

Hon. Kingsley Chinda (Rivers PDP) said the National Security Act (NSA) makes all issues of national security the mandate of the DSS. These, he noted, include the killings by herdsmen, rising militancy, and Boko Haram.

“If they stumble on information regarding financial crimes, they should pass it to the relevant agencies. Corruption is a menace that is why the EFCC and ICPC were created. DSS’ action is therefore ultra vires to the law that set it up,” Chinda said.

The lawmaker further held the view that the anti-corruption fight of the Buhari administration was not a sincere one, as the president had refused to act on several petitions alleging corrupt practices by members of his cabinet.

“Very soon, the army would say it is fighting corruption,” Chinda said.

In the same manner, Hon. Diri Donye (Bayelsa PDP) described the arrests by the DSS as illegal and unconstitutional.

“We are in a constitutional government and all our actions should be guided by the constitution. They have no business assuming the role of the EFCC. It is unacceptable and must be resisted by the legislature, the judiciary and the media,” he said.

Lawmakers of the All Progressives Congress (APC), however, refused to comment on the matter on the record.

A member from one of the South-west states said the development was a sign of creeping dictatorship and should be condemned by all Nigerians.

“Nobody is saying corrupt judges should not be arrested, but due process must be followed.

If a judge is arrested without due process, like an armed robber, what hope is there for the common man,” he said.

Another APC lawmaker from the North Central geopolitical zone, said the manner of the arrests had resulted in tension in the country, and was not necessarily good for the image of the country.

“We are inviting foreign investors, we are presenting

ourselves as a government of the people. We must be seen to be doing the right thing always.

This is something that should be done silently,” the lawmaker said.

Also, in his reaction, constitutional lawyer and human rights activist, Chief Mike Ozekhome (SAN) also described the arrest of the judges as an onslaught against the judiciary, which according to him portends great danger to the country’s hard won democracy and the doctrine of separation of powers as enshrined by the constitution.

Ozekhome also warned that with the manner in which the federal government was going by arresting perceived enemies and opposition voices, the media might soon be the next target.

Speaking to THISDAY, he said: “The new onslaught against the judiciary signals great danger to our hard won democracy, freedom of liberties and human rights, independence of the judiciary and the doctrine of separation of powers ably espoused in 1748 by the great French philosopher, Baron de Montesquieu.

“The last time I checked, we are supposed to be operating a constitutional democracy, not a military dictatorship or tyrannical absolutism.”

HOW NJC REJECTED DSS’ REQUEST TO PROBE JUDGES Senate President, Hon. Ministers, State Governors and Heads of Government Departments, Agencies and Institutions in similar manner by addressing same in their names and designations as well”.

It stated, however, that the council had noted the DSS’ observations and would henceforth address all correspondence to the DG, DSS. The NJC added: “I am further directed to inform your office that what was communication to the office on the above caption vide letter Reference No. NJC/ HC.GM/5/1/134 of 7th September 2016, was the decision taken by the council at its meeting which was held on 15th July, 2016.

“Therefore, all the observations contained in the letter aforesaid, will be presented before Council at its next meeting scheduled for 28th and 29th September, 2016 and the outcome of which will be communicated to your office, instant.

“In the meantime, the Honourable, the Chief Justice of the Nigeria and Chairman of the National Judicial Council, Hon. Justice Mahmud Mohammed, GCON, has directed the Hon. Chief Judge of Gombe State to immediately contact the Subject Judge and to ask him to appear in your office as requested; and the Judge has complied.

Ostensibly, the DSS was believed to have written another letter to the NJC requesting for the records of proceedings of deliberations and or decision of the council, but this was turned down by the council in a letter dated October 7, 2016, thus prompting the DSS to move in to arrest the judges under its watch.

In the said letter signed by Mr. Halilu to DSS, NJC said: I have been directed to inform the Department of State Security Services that by the precedents and practice of the Council with respect to the subject matter, no Record of Proceedings or deliberations and or decision of Council, including the Report of its Investigation Committee are released to the Complainant or Petitioner or Subject Judge or any Institution, save by an order of Court.”

Judges Released Following the crackdown on the judges, DSS sources informed THISDAY yesterday that seven judges, including two of the Supreme Court – Justices Okoro and Ngwuta – who were arrested over the two-day raid, had been released.

Others that were released by the DSS included Justice Muhammad Ladan Tsamiya of the Court of Appeal; Justice Kabiru Auta in Kano; Justice Mu’azu Pindiga who was arrested in Gombe; the Chief

Judge of the Federal High Court of Nigeria, Justice Ibrahim Auta; and Justice Adeniyi Ademola.

DSS sources had revealed at the weekend that other than the seven who they said were to be arraigned before a court yesterday, another eight judges, including two more justices of the Supreme Court were also being investigated for alleged corruption.

But instead of arraigning them as planned, all seven judges in the custody of the DSS were released late Sunday night.

Sources in the agency said all the seven judges were released on self-recognition.

“They were all released on bail yesterday (Sunday) on self recognition,” one of our sources said.

“They reported this morning (Monday) and they have all gone back home. They will be coming back tomorrow. And everything went very procedurally well and was civil.

“They were released on self recognition, based on their standing in the society because they cannot run away. They were instructed that they should come back today by 10 a.m.

“They did report for investigation this morning and they have gone back home.

And the investigation continues and preparation to charge them to court,” explained one source with the DSS. He also disclosed that the seven judges were released due to lack of co-operation from the NJC, which refused to allow the affected persons to be questioned by the DSS. “The action was sequel to lack of cooperation by the National Judicial Council, such as refusal by the NJC to allow the affected persons to be questioned by the DSS. Investigation started some seven months ago, precisely in April 2016,” he said.

‘Action is Regrettable’ However, the CJN has not taken kindly to the arrest of his colleagues on the bench of the Nigerian judiciary.

The CJN, who spoke for the first time on this issue yesterday at the valedictory session held in honour of a retired, said he was saddened by the event.

“My lords, invited guests, ladies and gentlemen, not to detract from this occasion, it is indeed very saddened and deeply regrettable, the distressing and unfortunate incident which occurred on Friday, October 7 and Saturday, October 8, 2016.

“However, I must call on all Nigerians to remain calm and prayerful, as an emergency meeting of the National Judicial Council will take place tomorrow

to comprehensively look into the matter.

“I must express my sincere appreciation to the executive of the Nigerian Bar Association (NBA) ably led by the president, Abubakar Mahmoud (SAN) and indeed all members of the legal professions, for their prompt action and continued support.”

Although it is traditional for the Attorney General of the Federation (AGF) to attend such valedictory sessions, the incumbent AGF, Mr. Abubakar Malami (SAN) was conspicuously absent. Neither did he send a representative.

Speaking at the event, the NBA president insisted that President Muhammadu Buhari should call the security agencies responsible for the arrest of the judges to order.

He said: “We view these actions as illegal and unconstitutional and a threat to the independence of the judiciary and must be aimed at intimidating the judiciary and the legal profession.

“This military style-operation is totally unacceptable in a democratic society. It is unacceptable against private citizens, but even moreso against serving justices of superior courts.”

Mahmoud said the NBA rejected the explanations and justification by the presidency, which had said that the surgical operations were targeted at corruption and not the judiciary.

“We find absurd that the presidency will accept assurances from DSS that it followed due process of the law!

“We maintain our position that these operations are illegal and unconstitutional. I want to reiterate that the position of the NBA is not aimed at protecting any judge.

We are not also shielding any judges from investigation from charges of corruption.”

He also addressed the divisions among lawyers over the arrests and raids of the judges, saying: “We are clear that raiding the houses of justices of the Supreme Court in the middle of the night by masked armed men is not the way to go. We do not accept it.

“This portends real danger to Nigeria’s democracy. It is contrary to all civilised norms and accepted standards.”

He said the association was calling on DSS to restrict itself to its constitutional and statutory duties.

According to him, DSS’ core mandate is to guarantee internal national security.

“It is not its duty to conduct police investigations or arraign and prosecute cases of corruption. It is not its responsibility to conduct sting operations on judges for corruption or professional misconduct in the middle of the night,” he added.

He called on the CJN to

Why Police Intervened in Attempted Arrest In a related development, the Nigeria Police Force (NPF) yesterday explained that its intervention in the attempted arrest of Justice Limam Mohammed of the Federal High Court, Port Harcourt Division, was done to avert a break down of law and order in Rivers State.

Reacting on the involvement of the police when DSS stormed Mohammed’s residence to arrest him on allegation of corruption, the Force Public Relations Officer, Deputy Commissioner of Police, Donald Awunah, said the Commissioner of Police, Mr. Foluso Adebanjo, could not have folded his arms in the face of the ensuing crisis in Port Harcourt Friday night, adding that he had to intervene for peace to reign.

While denying speculation that the attempted arrest was done in collaboration with the DSS, he said the presence of the CP that night was not a joint operation between the Police and DSS. He also explained that it was Goveror Nyesom Wike of Rivers State who drew the attention of the Commissioner of Police to the incident, knowing full well a fracas might have broken out at the gatehouse of the judge.

He said: “When the CP arrived the scene, he met the Governor of the State, Mr. Nyesom Wike.

Apparently, the governor must have had pre-knowledge of the arrest, so what the CP went for was to arbitrate and mediate between all the stakeholders including ensuring the security of the judge.

“The governor, PDP chieftains and several other people running to about 200 persons had besieged the residence. The involvement of police in the arrest was only in Port Harcourt.”

According to him, what the CP did was to resolve the issue, so that it did not snowball into an unmanageable situation.

“So it was an intervention carried out for peace and security to reign at that material time,” the police PRO explained.

Financial Crimes Not DSS’ Business However,

more

reactions

Abuja Courts Grounded Meanwhile, the impact of the judges’ arrest was apparent yesterday when all Federal High Courts in the Abuja division failed to sit on any of the cases billed for hearing, and no reason was given by the courts.

When THISDAY got to the court of Justice Okon Abang, where the case of the former Chief of Defence Staff, Air Chief Marshal Alex Badeh, who is being prosecuted by the federal government for alleged corruption, the court at well after 10 a.m. had not commenced sitting.

The former CDS, his legal team led by Chief Wole Olanipekun (SAN) and that of the prosecution turned up in court, but were told by the registrar that all cases billed for yesterday had been adjourned till today.

Counsel to Badeh, who refused to comment on the failure of the court to sit, however, told journalists that he would be in court today to defend his client.

Similarly, other Federal High Courts visited in Abuja did not sit and no reason was given for the inactivity by their registrars.

However, lawyers were seen going in and out of the courts after taking the new dates for their cases.

Judicial officers were also seen loitering around their offices with no one ready to volunteer reasons as to why the courts did not sit.

T H I S D AY TUESDAY OCTOBER 11, 2016

11

12

TUESDAY OCTOBER 11, 2016 T H I S D AY

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T H I S D AY TUESDAY OCTOBER 11, 2016

STATEMENT TO THE NIGERIAN STOCK EXCHANGE AND SHAREHOLDERS ON THE UNAUDITED RESULTS FOR THE PERIOD ENDED SEPTEMBER 30, 2016.

CONSOLIDATED & SEPARATE STATEMENT OF COMPREHENSIVE INCOME

CONSOLIDATED & SEPARATE STATEMENT OF FINANCIAL POSITION

Third quarter ended 30 September, 2016 Group September

Third quarter ended 30 September, 2016 Company

September

Group

September September

2016

2015

2016

2015

N'000

N '000

N'000

N'000

Gross Earnings

5,689,419

4,088,429

1,237,427

678,937

Investment income Fee and commission income Net trading income Net interest margin Net operating income

688,237 1,428,724 14,558 3,000,661 5,132,180

491,515 1,088,667 (25,649) 2,167,858 3,722,392

234,697 889,888 1,124,585

155,534 513,505 669,039

559,090 (1,850)

342,582 23,455

112,842 -

9,897 -

5,689,419

4,088,429

1,237,427

678,937

Other income Net gains/(losses) from nancial assets held for trading Total Revenue Personnel expenses Other operating expenses Depreciation and amortisation Total Expenses Share of prot of equity accounted investee

(501,186) (536,574) (1,162,968) (1,173,613) (62,481) (63,978) (1,726,635) (1,774,165) -

83,133

(207,906) (206,776) (379,868) (282,367) (38,283) (33,592) (626,056) (522,735) -

3,962,784 (792,557)

2,397,398 (487,041)

611,371 (122,274)

156,202 (31,240)

Prot for the period from continuing operations

3,170,227

1,910,357

489,097

124,962

1,526,090

-

2,015,187

124,962

1,526,090

PROFIT FOR THE PERIOD

4,696,317

Other comprehensive income, net of income tax Items that will not be reclassied subsequently to prot or loss

-

-

1,910,357

-

-

-

Items that may be reclassied subsequently to prot or loss Net fair value gain/(loss) on available for sale securities Other comprehensive income for the period, net of taxes

(50,763)

(39,886)

12,106

(1,123)

(50,763)

(39,886)

12,106

(1,123)

4,645,554

1,870,471

2,027,293

123,839

Prot for the year attributable to: Equity holders of the Company

4,696,317

1,910,357

2,015,187

124,962

Total comprehensive income attributable to: Equity holders of the Company

4,645,554

1,870,471

2,027,293

123,839

78

32

8

2

Total comprehensive income for the period

Earnings per share-basic (kobo)

September

December

2016

2015

2016

2015

N'000

N'000

N'000

N'000

ASSETS Cash and cash equivalents Financial assets: - Held for trading - Loan and receivables - Available for sale - Held to maturity - Investment in property Investment in associates Investments in subsidiaries Property, plant and equipment Intangible assets Trade and other receivables Dividend receivable from subsidiaries Deferred tax assets

59,784,725 72,736,383 5,927,343 1,289,919 2,944 76,564,120 30,856,189 37,421,038 12,717,488 10,422,703 10,548,229 54,292 42,186 34,971,468 23,163,229 1,714,746 1,714,746 270,000 2,266,396 - 1,650,000 750,000 750,000 168,114 158,703 100,737 99,945 24,796 31,069 24,796 31,069 9,090,832 3,418,928 1,027,922 729,623 472,652 2,921,616 656,967

656,967

334,367

334,367

-

Prot before income tax Income tax expense

Extraordinary operations Gain from the sale of investment in associate company

Company

September December

TOTAL ASSETS

191,686,670 144,106,093

47,827,893 22,280,960

Bank Over draft Managed funds Other borrowed funds Other liabilities Current tax liabilities Deferred tax liabilities

2,973,552 128,625,623 109,105,099 37,351,938 16,144,955 10,712,623 3,286,581 2,646,557 2,175,137 219 219

37,351,938 13,704,523 2,603,927 734,795 1,484,090 1,380,996 -

TOTAL LIABILITIES

179,336,960 133,685,542

41,439,953 15,820,314

Share capital Share Premium Retained earnings Other reserves

3,000,000 3,000,000 683,611 683,611 10,412,979 8,433,057 (1,746,880) (1,696,117)

3,000,000 3,000,000 683,611 683,611 2,750,077 2,834,888 (45,747) (57,853)

TOTAL SHAREHOLDERS FUND

12,349,710 10,420,551

6,387,941

LIABILITIES

SHAREHOLDERS FUND

TOTAL LIABILITIES AND SHAREHOLDER'S FUND

191,686,670 144,106,093

6,460,646

47,827,893 22,280,960

The Board of Directors is condent that United Capital’s positive performance will continue to improve barring unforeseen circumstances in the future.

BY THE ORDER OF THE BOARD

LEO OKAFOR Company Secretary

14

T H I S D AY • TUESDAY, OCTOBER 11, 2016

COMMENT

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

A DECENTRALISED APPROACH TO IMPROVING FOOD SECURITY

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Micro-farming technology has made possible to grow food almost everywhere, writes Olubunmi Aboderin Talabi

n every industry, humankind keeps pushing the boundaries of what is possible. The realm of agriculture is no exception. When we think of farming, we probably view it as a rural activity often conducted on multiple acres of land by specialists who have dedicated their focus to profitably growing food for others. The notion of growing your own food represents a paradigm shift in how most modern day urbanites perceive the food supply chain. You don’t necessarily need acres of land to do it and the inconvenience of growing your own food has been mitigated by innovations in micro-farming techniques.

Micro-farming in this context refers to growing enough food to take care of a portion or even all of what your household needs.

Solutions are available for growing food in vessels as ridiculously small as tea cups or in spaces as seemingly inconsequential as the size of a door. Whether you live in a high rise building at the centre of the city, or on sprawling acres out in the open countryside, you can adopt a “farm to plate” lifestyle if you are so inclined. The concept, in its purest form, can be summarised as fresher, nutrient-dense fruits and vegetables, grown close to where they are going to be eaten, ideally consumed within seven days of being harvested. No long distance haulage across or within countries, no genetic modification, no industrial pesticides, no artificial ripening and no mould.

Those more attuned to mechanised farming may picture tractors, combine harvesters, silos and so on, when they hear the word “farming”.

But the frontier has been pushed out even further than that with robots the size of a suitcase taking less than 24 hours to mulch, sow and fertilise crops covering 20 hectares. Those droids featured in the 1977 Star Wars movie helping Luke Skywalker on his uncle’s farm are now a reality.

Furthermore, you can now farm without soil, or on the side of a building, or on a flat roof top, or even inside a shipping container. These innovations are propelling the growing movement to localise food production, making it more realistic for individuals or communities to grow their own food near where it will be consumed, even in densely populated cities.

This is significant because localised production means you are eating fresher fruits and vegetables. You get the most nutritional value from your fruit or vegetable if you eat it as soon as possible after it has been harvested. The Centre for Urban Education and Sustainable Agriculture says some apples travel 1,555 miles, or grapes 2,143 miles, before they reach the market. The inherent nutritional value of produce decreases the longer it is kept, therefore the shorter the distance and time it takes to get to the consumer the better.

The concept of growing your own food may initially elicit the visceral reaction of “ta lo ra ye?” (who has the time for that?), unless you’re from Benue or Imo States. In Benue, Fridays have been declared Farming Friday for civil servants. Their work week has been reduced to four days instead of five, so that they can use the fifth day to work their farms. This move is designed to reduce the state’s salary bill without massive layoffs.

Ditto for civil servants in Imo who now report to the office three days a week, and are expected to utilise the remaining two working days each week to grow food.

LOCALISED PRODUCTION MEANS YOU ARE EATING FRESHER FRUITS AND VEGETABLES. YOU GET THE MOST NUTRITIONAL VALUE FROM YOUR FRUIT OR VEGETABLE IF YOU EAT IT AS SOON AS POSSIBLE AFTER IT HAS BEEN HARVESTED

With the right nutrients and optimal exposure to light, tomatoes, ugu and even strawberries can be grown inside a container. Our understanding of what a “normal” farm looks like is being stretched each day. Hydroponics, growing crops in specialised water rather than soil, is generally viewed as a finicky, energy-expensive method of farming, but it is currently being used to grow lettuce and other greens in shipping containers. This method will eventually become par for the course. These 40ft containers can be stacked as high as is practical, thereby increasing the yield from the same size of land. Furthermore, because the seedlings are exposed to constant light 24 hours a day, there are multiple harvests a year. Its potential in solving food security issues cannot be overstated, particularly in harsh climates or in cities with limited space and infrastructural challenges. Imagine warehouses in Ariaria Market, Aba, Abia State, or in Oshodi, Lagos State, or Kori, Kano State, stacked to the roof with 40ft containers, and inside those containers are row upon row of fresh produce being grown for the teeming residents. This form of vertical farming is being used commercially in Japan, the USA, the UAE and Hong Kong. As the technology improves, mini versions for small communities or even residential estates and households will emerge.

Aeroculture is another soil-less way for growing plants. This is done by misting suspended plant roots at specific intervals. The process may be too intricate for mass food producers, but it could work for micro-farmers with plenty of time on their hands and little alternative.

Those who prefer to stick with traditional geoculture, and want a less technical approach to starting a mini farm, can use seed sheets.

These are prepackaged specialised fabrics with the seeds of the fruit or vegetable of your choice neatly embedded and optimally spaced out.

You pull the seed sheet out of its bag, place in soil, near light, outdoors or indoors, on the ground or in an appropriately-sized container. Then you tend it as necessary. Non-GMO, locally-found seed supplies may be a good business to develop at this time, though home-farmers can plant healthy cuttings from the type of the produce they want and from that cutting a new batch can yield (even without the use of seeds).

Urban homesteading, turning your balcony or garden into a “growfood” area, reduces your dependence on your salary albeit marginally.

Furthermore, edible gardening, like its decorative counterpart, is therapeutic. The sense of fulfilment attained from knowing you’ve developed a measure of agronomic self-sufficiency can be deeply satisfying. Water leaf, afang, ugu, kale, shoko, bitter leaf, corn, egg plant, carrots, green beans, lettuce, cucumbers, chili, mint, pineapple, tomatoes, spring onions, bell peppers, basil, parsley, oregano and thyme, are some of the fruits, vegetables or herbs that can be grown in or around your dwelling. It takes time and attention to detail but it can be done. If you have neither the time nor the patience, and all you can do is grow your own thyme in a recycled milk container placed by the sunlight on your kitchen counter, at least, you’ve done something. For all the rest, a local farmers’ market could fill the gap.

Talabi, an economist, is a member of the Institute of Director

EDO’S ELECTION: WHY PDP LOST OUT

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he inordinate lust for political power combined with a voracious appetite for appropriation of public wealth is the sole driving force behind the so-called protestations against the resounding victory of the All Progressives Congress in the Edo 2016 Governorship Election. The real motive for the orchestrated heckling, no matter how artfully masqueraded, cannot be concealed. The diabolic calculation of the ugly faces and self-serving characters behind the masks of the mostly innocent and negligible youths carrying placards, is very clear. Some factional leaders of Edo Peoples Democratic Party with huge deficits in democratic credentials are determined to further exploit the vulnerabilities of the long-suffering Edo youths in another journey to hallucinatory destinations.

The destination being promised by Pastor IzeIyamu to the misguided demonstrators is not by any means different from the blindfolded odyssey that the candidate touted in the ‘’Future Is Now’’ political campaign document, a pamphlet which has been adjudged as political heresy- the candidate as the messenger and his message suffered outright rejection during the governorship contest. The PDP manifesto was literally considered less than some trash to be dumped in the garbage heap. The current sinister attempt by the former PDP candidate to vengefully slow down the momentum of progress for Edo people will fail. The contrived ‘opposition movement’ will similarly collapse with catastrophic bang.

The demonstrations are not in any way reflective of a genuine pro-democracy movement, but the rickety political machine of an insatiable power seeker.

Every reliable public opinion poll on the streets of Edo State clearly indicates the direction that the

The street protests are contrived, argues Oteghe Adams

people want to go, but some self-appointed PDP leaders are feeding their negligible demonstrators with vitriolic fictional tales about victory and attempting to generate heat and confusion in the polity. Regrettably, the cowardly financiers of the demonstrations have no interest in the authentic verdict of the Edo electorate as they are fully aware that they lost woefully at the polls.

Even with the low standards of Ize-Iyamu’s campaign, this recent effort to invent an alternative universe of facts is still shockingly abysmal.

Credible reports indicate that overwhelming group of PDP polling agents were deeply embarrassed about their party’s claim of victory.

These workers were those directly on the ground in the over 3,000 polling units, at the 192 wards and the 18 Local Government Areas collation centres on Election Day. From various confidential correspondence, most of the PDP agents were stupefied when they discovered that absolutely false results were being disseminated by their party; that the Ize-Iyamu campaign office was on the Social Media broadcasting fabricated outcomes even from units where voting was still in progress and in huge areas where counting was on going. This was a premeditated conduct of unconscionable desperation calculated to sabotage the electoral process on a massive scale with consequences of spontaneity for communal and civil conflagration. But such humane considerations do not have any bearing in the moral compass of the concerned PDP leaderseveryone and everything else can be sacrificed in their lust for political power. It was on such basis that the Ize-Iyamu campaign somehow deluded itself into believing that their agents would sheepishly yield to the coded message that they were dispatching. The sinister projection was that these poll workers and PDP supporters

have no consideration for their own survival and their families’ future as well as the safety of their communities. While it will be wrong to suggest any infidelity to the hope for their party’s victory, the PDP poll workers were however unwilling to blindly accept the improbable and impossible figures being distributed; they were not going to be faithful to the tales of victory being scripted in Ize-Iyamu’s political ‘Wonderland’. Except for a few places across the state, the PDP agents justifiably and in overwhelming majority signed the historic results sheets from their polling units, from their wards and the materials from the Local Government Collation Centres.

Not even, Mr. Chris Agbonwanegbe, who represented Ize-Iyamu at the state’s final collation centre had much complaints as the results were comprehensively presented in persuasive details before Edo people with live television transmission. The INEC collating centre from where the broadcast took place was the equivalent of a Peoples’ Tribunal with all the party agents represented and given ample opportunity to raise objections. It was evident to all those watching on September 29 that the PDP was inclined to perform an Edo State version of ‘’ Orubebe’’- a repeat of the tragic –comedy staged by ex-minister Orubebe during the final collation of Nigeria’s 2015 presidential election results.

Ex- President Jonathan acting on the irreversibility of the verdict of the Nigerian electorate wisely suffered Orubebe to ridicule himself before millions of television viewers.

The unvarnished truth is that the PDP could not have been in the vicinity of victory. People’s history will unchangeably testify that Ize-Iyamu’s campaign was hopelessly unprepared for the nature of the remarkably peaceful, free and fair exercise in the just concluded election. Right

from the scandal- infested cradle of his declaration to contest and through the primary election which was hijacked by Ize-Iyamu’s gang, he was preparing for a very different situation from the occurrence of Sept 28. The PDP candidate had grossly or arrogantly underestimated the firm resolve of the Edo electorate not to return to the land of pestilence of 1999-2007.

The PDP campaign failed because it entered the arena on two unsustainable premises founded on fatal illusion. One was that Ize-Iyamu was a ‘’ Capo’’, the brave heart, ready to meet violence with violence. So Ize-Iyamu sold himself to the PDP as the candidate who could recruit thugs and militants to secure the party’s fortunes. The electorate however had a different contemplation; the election was going to be different, it was going to be the launching of a bloodless and violence-free economic and democratic evolution in the heart of Nigeria. The PDP did not make preparation for such a political terrain- they were still reading the obsolete maps of yesteryears when rigging and violence were the nicknames for elections-the kind for which PDP was famous.

The second and more deadly error born out of obdurate arrogance was the confidence of the Ize-Iyamu group that the candidate could ‘’ bully’’ his way to victory by laying a false narrative on the collective memory of Edo people.

Unfortunately, the Edo electorate possesses acute historical recollection and, therefore, sharply rejected what was obviously a third term bid by a do-nothing political family.

This is the incontrovertible verdict of history from the 2016 Edo Governorship Election.

However, the self-destructive gene which takes dominion in the psyche of personalities with delusional psychosis is now at play.

Adams wrote from Benin City

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T H I S D AY • TUESDAY, OCTOBER 11, 2016

EDITORIAL RESTORING INTEGRITY TO THE BENCH All the relevant stakeholders must join forces to restore credibility to the bench

I

n a bid to restore a measure of integrity to the judicial arm of government that has lately come under serious scrutiny, the National Judicial Council (NJC) last week recommended for dismissal the Presiding Justice, Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya; the Chief Judge of Enugu State, Justice I. A. Umezulike and a judge of the Kano State High Court, Justice Kabiru M. Auta. The three men were found guilty of breaching the codes of conduct for judicial officers and the NJC statement was very detailed about the weighty nature of the allegations against them which reportedly were proved.

To the extent that such disciplinary action against erring judges and magistrates should be routinely carried out to salvage the bench from moral degeneracy, we commend the efforts of the NJC to put an end to judicial rascality in our country. Yet, we must also reiterate the point we have made on this page on several occasions: when our judiciary is perverted by the very people who should maintain its integrity, the inevitable outcome is bare-faced injustice and ultimately, anarchy.

THE CRISIS OF That is why the CREDIBILITY AFFLICTING efforts of the NJC are THE COUNTRY’S JUDICIARY in the right direction.

IN THE LAST FEW MONTHS HAS TAKEN A SERIOUS TOLL ON THE INSTITUTION. ITS IMAGE IN THE EYES OF MANY NIGERIANS IS NOW SEVERELY BATTERED

However, we must nonetheless express our concern about the growing number of judges who abuse their trust. According to the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, within the last five years, no fewer than 64 out of about 1,020 judges of courts of record were penalised for unethical conducts, ranging from falsification of age to deliberate perversion of the course of justice. “While the judiciary has been in the spotlight of public scrutiny, we continue to take active steps towards sanitising the bench.

Where petitions are received in respect of judicial officers, they are promptly investigated via internal

Letters to the Editor

I

procedures put in place by the National Judicial Council and where culpable, such officers are disciplined in accordance with established procedures”, the CJN said.

In the past, it was the military that was emasculating the judiciary with ouster clauses and draconian decrees. But today, those bringing shame upon the institution are the same custodians charged with maintaining its integrity and prestige. Indeed, the crisis of credibility afflicting the country’s judiciary in the last few months has taken a serious toll on the institution. Its image in the eyes of many Nigerians is now severely battered. Restoring this credibility has therefore become the task of all the relevant stakeholders.

T T H I S DAY

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

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

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

o the extent that the function of law as instrument of social engineering is made difficult by the corruption of judges, our men and women on the bench should desist from anything which robs the institution of its impartiality, fairness and independence. But while there are serious issues of corruption in the judiciary that must be dealt with, it is also obvious that cleansing the Augean Stables is beyond what the NJC alone can handle. Indeed, the CJN lamented recently that while erring judges were being weeded out, “public officials and persons, who benefit from corrupting judicial officers, are never investigated, apprehended or even prosecuted, even though the judiciary disciplines its own.”

Therefore, we urge the Nigerian Bar Association (NBA) to as well focus its searchlight on its own members many of whom facilitate bribes to judges.

Court registrars who extort money from litigants and lawyers should also be exposed and brought to justice. All court staffers extorting money from litigants before rendering them administrative services due to them should be brought to justice as well. NJC should recommend to the NBA to discipline the lawyers involved in forum shopping while the Senior Advocates of Nigeria among them should be sanctioned by the Legal Practitioners Privileges Committee.

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.

SAME-SEX: BATTLE WE CANNOT AFFORD TO LOSE

was saddened by the rumoured news of the alleged mob justice meted out to two lesbians in Makurdi, Benue State in the week. My sad emotion stems out of the absolute loss of opportunity for the lesbians to come to a remorseful understanding of the inherent lies and misinformation, and probably, repentance, in the wake of the sad irreversible end that became their lot, consequent upon the jungle justice.

I am not one to say “served them right”, for there went two daughters of Abraham, for whom the Calvary work of redemption was accomplished. For me, it was a great loss of two potential anti-same-sex evangelists that could have been created out of the two, if those who took the brash and barbaric decision to snuff the lives out of them had thought the way some of us have begun to think in recent times.

Many may still be ignorant of the subtle and subliminal promotion of same-sex “evangelism” masqueraded in aggressive civil rights activism to achieve new frontiers in human rights advocacy, currently making the round all over the world. The media, government, civil society groups and surprisingly, even some faith-based organisations have either wittingly or unwittingly, been conscripted

into the aggressive recruitment drive by promoters of these values aberrations.

The right way to go, in my humble opinion is not to resort to physical violence against some of our own that are but mere victims of the powerful, aggressive and subliminal influence of the pro-same-sex information and advocacy being unscrupulously championed in the media, academics, government and in some of our faith-based organisations.

There is a task for us all to rise up to the challenge of these potentially overpowering mind influencers being daily deployed by the promoters of same-sex and sexual perversion. Our task is to meet them up at the same battle field using the same weapon of warfare of ideas but in different tactics and strategies.

We must further realise that they had first understood the impotency of physical force to drive such advocacy campaign, hence their recourse to the subtle subliminal propagation of ideas through the great potent foundation of human rights. How then can we validly resort to physical violence and hope to successfully counter them in their advocacy drive, when a man, generically conceived, convinced against his will is of the same opinion still?

There is the need to sufficiently acquaint ourselves with

the understanding of their own battle tactics and strategies in order for us to effectively develop our counter missiles.

A battle fought by the enemy from the air requires corresponding deployment of air - to - air might in order to be able to counter the might of the forces of the enemy.

The proponents of same- sex are out, more than ever before to powerfully and subliminally spread the message of same-sex, using the decoy of human rights, to advance their seemingly faultless, albeit pseudo, new thinking and ideas. It behoves us all to meet them on the same battlefield with our new ideas and thinking, tactics for tactics; strategies for strategies.

It is not enough to sit back and imagine that the incompatibility of our cultural and religious values with same-sex is enough safeguard against the raging fire of same-sex advocacy. To do so is to sorely deceive ourselves.

It is high time we upped our game to the higher ground of intellectual plane by making conscious efforts to develop further ideas and thinking in refuttals of current ideas and thinking in support of the aberration of same-sex and other sexual perversions. This is one battle we cannot afford to lose, else we risk losing the emerging generation.

Chris Edache Agbiti, Abuja

16

T H I S D AY • TUESDAY, OCTOBER 11, 2016

POLITICS

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

EXECUTIVE BRIEFING

Waiting on Bello’s Commission of Inquiry Kogi State Governor, Alhaji Yahaya Bello, recently inaugurated an 8-man Commission of Inquiry to probe the two administrations before him. But the question is: how far Bello go on this wild chase, asks Yekini Jimoh

Bello...taking it a step at a time

I

n an effort to recover some of the common patrimony of the state, allegedly looted away by previous administrations, the Kogi State Governor, Alhaji Yahaya Bello recently set up a Commission of Inquiry headed by a renowned retired Justice from Kano State, Justice Wada Umar Rano. The commission shall look into the activities of past administration and expose their misdemeanor.

Created some 25 years ago, Kogi is largely seen as still far off from leveling up with other states created alongside with it. Some opinion moulders are however of the view that the setting up of commission might just be a right step at the right time.

According to them, due to bad leadership over time, the state has failed to witness rapid development since its creation, adding that the only person who actually stood out as governor was the late Abubakar Audu.

A political analysts, Mr. James Otitoju-Ojo, in his opinion said the governor has demonstrated that he was not out to witch-hunt anybody by appointing a retired Justice from Kano to head the panel.

He said since ascending office, Bello has demonstrated that his government was ‘for nobody but for everybody’ noting that contracts awarded by the past administrations since 2004 were not executed. He lamented that some contracts were inflated by the contractors as they connived with those in charge during their period in office.

Otitoju-Ojo added that appointments made so far by the governor were a testimony of his desire to carry everybody along, stressing that past administrations in the state mismanaged the economy, a factor allegedly responsible for why the state is still backward.

Also speaking in the same vein, a retired civil servant in the state, Dr. Steven Achi Musa said Governor Bello has shown that he was ready to move the state forward, noting that the screening of workers in the state was an

Bello...taking it a step at a time

indication that the governor was set to fight corruption. He pointed out that in a situation where past governors of the state refused to implement the outcome of workers’ screening exercise, it was an indication that some cabal were out to sabotage the effort of government at all cost. He was optimistic that the commission would recover some of the loots away from those who stole from the state during the period in question – 2003 to 2015.

Bello, while inaugurating the commission, recalled that “Kogi State was created on 27th August, 1991 – a little over 25 years ago. Twentyfive years ago, Dubai was a desert settlement in the middle of nowhere. Today, Dubai is a global megalopolis hosting some of the most advanced man-made technology and infrastructure on Planet Earth. Kogi State, on the other hand, still ranks low on the global development map,

In the final analysis, the people of Kogi do hope that beyond the setting up of the commission, Governor Bello would be able to sum up the much needed courage to implement the report that would be submitted after it is done within the three months’ time frame

along with the rest of Nigeria.”

He said to resolve the problem of underdevelopment in the state, there was the need to resolve the problem of corruption, noting that as part of his accountability project, “We are empanelling a Judicial Commission of Inquiry to look into the management of our finances by previous stewards, dating back to 2003 upwards.

“The Panel is not just to find what went wrong and recover what is missing or stolen but to assist us in fashioning institutionalised means of preventing recurrence. We want to inculcate a tradition of preventing theft, not chasing thieves.”

He noted that the commission was set up pursuant to Section 2 of the Commissions of Inquiry Law Cap 25, Laws of Northern Nigeria, 1963 as applicable to Kogi State to hold inquiry into the conduct of officers in the public service, or any department of public service, or any local institution of Kogi State from May 29, 2003 to January 27, 2016.

“In this time and age, it is unbelievable that we are still grappling with lack of every conceivable public infrastructure, unpaid salaries, benefits, pensions, gratuities, unpaid contractors, unfunded projects, inability to meet counterpart funding obligations to development and other partners, to mention but a few.

“When one looks at the list of unmet financial responsibilities above, the temptation is to conclude that Kogi State’s problem is the funding gap, and that if more money were injected into the system, our problems would be met and we would be, if not a model society, at least a developed one,” he lamented.

He said his administration could not bury the years of accumulated theft by politically exposed persons in the faulty foundations they laid over the years.

“We must not also disregard the accumulated hurt felt by our excluded citizenry, and pretend it did not happen, or that they will forget. That can only earn us a society festering with sublimated

anger that will explode sooner than later with disastrous consequences.

“We want to reverse corruption as a trend in this administration. There must therefore be an accounting – a genuine effort at reconciliation.

True justice is the only route to healing for wounded societies. Corruption has hurt more Nigerians than apartheid hurt South Africans.

It has killed more people in Nigeria than the Rwandans lost in the genocide 21 years ago.

“Anyone who takes a look at those two countries today will realise that by taking account of all parties, they took charge of their individual and national lives again, so that both victims and perpetrators today live together in one prosperous and progressive society.

“We too must put our dirty linen out in the public, albeit in a controlled environment like the scrutiny of a Commission such as this one, subject it to cycles of cleansing in the washing machine of truth and bring out the stronger fabrics and brighter colors of a thriving society,” he said. The governor however noted the idea was not a license to witch-hunt or settle scores with anyone and that everyone must be accorded their due respect in line with the laws of the land.

“This is your chance to help this administration put Kogi State firmly on the path to recovery, please do not allow or do anything to cast a pall of doubt over its impartiality or integrity.

“This is the spirit of change promised by APC at work. This is what President Muhammadu Buhari is doing in the federal Ggovernment and it is what we will do in Kogi State. Some of our contemporaries may misunderstand our intents and purposes, but God is the judge of all. We also trust that posterity will judge us better,” he added.

In the final analysis, the people of Kogi do hope that beyond the setting up of the commission, Governor Bello would be able to sum up the much needed courage to implement the report that would be submitted after it is done within the three months’ time frame.

17

T H I S D AY • TUESDAY, OCTOBER 11, 2016

EVENTS&REPORTS

Accolades for the ‘Rascal’ at 50 Describing the All Progressives Congress National Legal Adviser, Dr. Muiz Banire in different images, a majority of his schoolmates, political and professional associates flagrantly referred to him as rascally on the occasion of his 50th birthday at the weekend, but not without extolling his virtues as a renowned legal luminary, teacher and prominent Lagos politician. Shola Oyeyipo writes

O

n Thursday, October 6, 2016, fierce lawyer, prominent Lagos politician and fervent academic, Dr. Muiz Banire, who was in the Lagos State Government for about 12 years, where he manned the ministries of Special Duties, Transportation and the Environment, joined the golden club as he turned 50. And as it is usually with him, it was a different kind of celebration.

It started with an early morning prayers put together by the University of Lagos Muslim Alumni (UMA) and ended with another prayer session held at the Bab-Es-Salam Home on Joel Ogunaike, G.R.A, Ikeja, Lagos.

However, there was something quite pertinent about the event, which attracted quite a number of high caliber individuals from the legal, political and the academic community despite the fact that invitations were not sent out for the prayers – everyone, who had the opportunity to address the gathering at his Oduduwa Crescent, GRA home, had something positive to say about Banire, even as the appellation ‘rascal’ resonated jocularly with the audience.

The occasion attracted the presiding judge of the Enugu division of the Court of Appeal, Justice Helen Ogunwunmi; another Appeal Court judge who was recently nominated for elevation to the Supreme Court, Justice Sidi Bage; a no-nonsense judge, Justice Bunmi Oyewole of the Court of Appeal, Calabar division and a number of his friends in the legal profession.

Other notable persons present at the event were the immediate past Inspector-General of Police, Mr. Solomon Arase; Chairman, Protea Hotel, Alhaji Tajudeen Owoyemi; Dr. Rasheed Okiya; Kayode Tejuosho and his wife, Hon Funmi Tejuosho of Mushin constituency (I), former Lagos State Commissioner for Education, Mrs. Olayinka Oladunjoye; the Secretary to the Ogun State Governor (SSG), who represented Governor Ibikunle Amosun, Mr. Taiwo Abiodun Adeoluwa; the chairman, Autoreg, Wale Sholanke; Mr. and Mrs. Femi Okenla; renowned Muslim cleric, Prof. Amidu Sanni; the Director, Muslim Rights Concern (MURIC), Prof Ishaq Akintola and the missioner, Anwarislam, Alhaji Abdulrahman Olanrewaju.

Also in attendance were Mr. Leke Pitan, Teju Philips, Dr. Ade Omosule of Hillstar Hospital, Dr. Ebenezer Abayomi, Alhaja Fatimoh Oguntade, Mrs. Olowe Olukemi, the chairman, GRA Residents Association, Mr. Tunde Adewale, the coordinator, United Action for Change (UAC), Comrade Niyi Akinsiju, the celebrator’s elder brother, Alhaji Rasak Banire, his elder sister, Alhaji Raimah Banire, his wife, Alhaja Jamila Olufunmilayo Banire and members of UMA, Alhaji Akeeb Oladokun (President), Alhaji Mumini Alao (Deputy President), Alhaji Lere Alimi (former president), Alhaji Abdulateef Bakare (chairman, Board of Trustees), Alhaji Rasak Oladejo (BoT member), Alhaji Shuaib Afolabi Salis (BoT member) and many others too numerous to list.

It was basically prayer and sermon sessions, both at his home and at the orphanage. It however provided an opportunity for old friends to reunite, the reenactment of the old supremacy rivalry between old students of UNILAG and Lagos State University (LASU), throwing banter, particularly by those who painted Banire’s doggedness, fearlessness, truthfulness and the ability to say things as they are without bothering about whose ox is gored as sheer rascality.

For instance, Justice Oyewole had this to say about him: “He is very troublesome.

But thank God his troublesome nature is positive. His life is an example of what can be achieved by hard work and consistency.

He is intelligent and very hardworking. Yet, he manages to do everything he does well.

What he does in the legal profession is so

He is very troublesome.

But thank God his troublesome nature is positive. His life is an example of what can be achieved by hard work and consistency.

He is intelligent and very hardworking.

Yet, he manages to do everything he does well. What he does in the legal profession is so much. I don’t know how he finds time for politics and fights for peoples’ interests. He is not bothered about pecuniary gains and above all, he is still spiritual – no wonder he has achieved what he has achieved today

L-R Banire, his mother, Alhaja Sarat and wife, Alhaja Oluwafunmilayo during Banire’s 50th birthday celebration in Lagos, at the weekend

much. I don’t know how he finds time for politics and fights for peoples’ interests. He is not bothered about pecuniary gains and above all, he is still spiritual – no wonder he has achieved what he has achieved today”.

For Justice Ogunwunmi, who is his family and who came purposely for the prayers, “He is a wonderful person. Very intelligent; I like him. Diligence is the mother of good fortunes and we thank God for blessing him. He is very friendly to the bench. The first case he handled before me, he did not win and that did not affect our relationship.

Every member of the bench, we have a lot of respect for him”.

On his part, Justice Gbagi said: “He is my friend. We are here to celebrate him.

I didn’t know he is just 50 years. He had always demonstrated the strength of 50. We have maintained a relationship, not just in the court but even outside the court. He appeared before me. He lost before me and he has never shown any grudge. He has never asked why because he would collect the record and see why he lost”.

In the message delivered on behalf of Governor Amosun, the SSG said: “His (Banire) goodwill transcends Lagos because he is a good person. He was one of those people that stood the ground fully that we should be given a chance. His calculation was that it was Amosun that could stand against sitting Gbenga Daniel. He is one of our tacticians.

He supported the governor in 2015 without making a show of it. He has uncommon wisdom and humility. His type is not very common. He is a stable pillar relied upon

in the governance of Ogun State”.

Abiodun however added that: “Though he may be younger, but he is our leader”, saying “His conduct was part of why I took up the job in Ogun State because he never lost his head in politics.”

On her part, Hon. Tejuosho had this to say: “Not only is his family celebrating him, but his friends are always celebrating him because Dr. Banire is a nice person. He stands by you in time of need. He does not pretend. I have been in the Lagos State House of Assembly, not because I am the best but by the grace of God and the support of Dr. Banire.”

The GRA resident association chairman, Adewale said: “He does not discriminate against any religion contrary to his. He has done a lot for GRA Ikeja; trying to turn it to modern city within the mega city with his money. Before you could spend up to N2m buying fuel monthly but we are now enjoying light because of his interventions.”

There were so many other positive commentaries about him, but apparently, what was more rewarding for him were the spiritual aspects of the celebration. The trio of Prof.

Sanni, Prof Ishaq and Alhaji Abdulrahman Olanrewaju, who handled the two segments of the prayers, enjoined him to remain steadfast in his piety, for which he is also very renowned.

They also prayed for the sustenance of God’s favour on him and they generally appreciated the Almighty Allah for the favour He has shown the lawyer-turned politician, who always says he is a “professional in politics and not a professional politician.”

While Sanni admonished the people that

at the age of 50, anyone should be aware that death could come at any time and as such should continue to do the will of Allah, Olanrewaju on his part tacitly advised Banire to join the league of elders by being more tolerant and learn how to forgive those who offend him, saying “God is the giver of all things, Banire should continue to be grateful to God for what He has done for him”.

Asked how he felt when people referred to him as rascal despite the record of his positive contributions to humanity as noted by many people, Banire said: “The way I feel is that I am not gifted to sentiments about things. I see things objectively and I stand my position.

Even if the whole world faces one position and I am not convinced, I stand my position.

That is how they ended up with that”.

Though he had earlier promised the people that he would be talking at the reception held with the less privileged babies, he eventually didn’t say much. He only spoke in parables, saying he owed everything to God. “I feel the grace of God. I will continue to express gratitude to Almighty Allah. I know nothing happens without the knowing of God. Everything is exclusively in His custody. You cannot worship God and individual at the same time, you must be selective. For me, I am convinced about the need to get closer to God. Nothing happens without God’s endorsement. If we (Nigerians) are Godly as a people, it would reduce the tension in our midst.

At the end of the event, Banire had been described by several names: teacher, leader, mentor, philanthropist, courageous and dogged fighter, honesty personified, good husband, good father, true democrat, highly spiritual, hardworking and many more.

At a point during the prayer session in the morning, President Muhammadu Buhari’s congratulatory message signed by his media adviser, Mr. Femi Adeshina was read to the gathering, which admired the content of the presidential letter.

18

TUESDAY, OCTOBER 11, 2016 • T H I S D AY

FEATURES

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

Paving a Pathway for Adolescent Girls As part of measures to address the challenges faced by adolescent girls in the slum communities of Makoko, Otto and Sari-Iganmu, Action Health Incorporated, in partnership with the Lagos State Ministry of Women Affairs and Poverty Alleviation, has launched a programme to empower marginalised out-of-school girls, reports Ugo Aliogo

“

I learnt hair dressing and my life improved greatly. Then this old previously married man said he wanted me as his wife because he liked my work. It was never my choice to marry him. But it seemed that the Baba gave money to my parents and they forced me to go with him. I was not interested because I hoped to marry a young man of my choice when it was time to settle down. I always felt miserable and cried. I refused food and became ill. He got people to pin me down on the floor and started to rape me in my underpants. I broke a bottle to defend myself. He snatched the bottle from me and cut my body in several places. It was a horrible experience for me,” said a heart broken Rebecca Atedji.

Rebecca Atedji is a teenage girl from the unprivileged suburbs of Iwaya community, in Yaba Local Council Development Area (LCDA). Growing up from a poor background, Atedji’s parents could not afford to give her formal education. To eke out a living for herself and support the poverty stricken family, she took to hawking.

The daily income she realised from the trade was used for the upkeep of the family.

But the curtains were gradually falling on the young girl’s dreams and potential. Like her peers, she was supposed to be in school or learning a decent vocational job.

She had always dreamt of a better life to live out her full potential. Despite the odds, she refused to accept the predicament of life which confronted her as the end of the road to a tall dream. She persevered in the face of sufferings and through help of a Non-Governmental Organisation (NGO) her life was transformed.

When Action Health Incorporated (AHI) visited Iwaya to offer free vocational trainings to young girls in the community, Atedji was part of the young girls who participated in the training. Atedji honed

The establishment of the skills acquisition centres by the state government is a deliberate initiative at building society, through direct training of ladies like you, young women, widows and others, in various skills and vocations…you must invest your energy and time in any business you want to do. No employee will protect your interest better than yourself

A cross section of the beneficiaries

her skills in hair styling. The programme greatly transformed her life from being a hawker to an independent woman. Today, she is using her vocation to give hope to other young girls in her community.

The vocational training programme in Iwaya is one out of many other intervention efforts which AHI has carried out in disadvantaged areas in Lagos State. The intervention programmes are aimed at improving the sexual and reproductive health of marginalised girls in these areas, while ensuring that their income generating skills are strengthened; in order to place them on the path to financial independence.

Recently, AHI in collaboration with the Lagos State Ministry of Women Affairs and Poverty Alleviation and funding support from United Nations Population Fund (UNFPA) addressed the comparative sexual, reproductive health and rights disadvantages faced by 370 out-of-school adolescent girls aged 17-19 in Ilaje-Bariga, Otto, and Sari-Iganmu, three of the over 100 slum communities referenced in the 2012-2025 Lagos state Development Plan.

The initiative used a combination of interventions which have been empirically proven as cornerstones of empowering out-of-school adolescent girls. Through improving their sexual, reproductive health and increasing their income generation potential, as well as promoting their agency to contribute to change in their community.

To further drive the initiative, AHI with the support of the state government and other partners organised the launch of the Strategic Action Plan (SAP) empower Marginalised Adolescent Girls and the graduation ceremony of 300 Out-of-Schools Girls (OOG) from Makoko, Otto, and Sari-Iganmu at Federal Palace Hotel, Lagos recently.

Speaking at the launch the Wife of the State Governor, Mrs. Bolanle Ambode, said the action plan is a great initiative which draws a specific roadmap for the state to

focus on, adding that the plan has ushered in a new beginning for the empowered girls.

She explained that the state government has taken seriously the issues of women empowerment, protection of girls and children, stressing that in active pursuits of its concern for women and girls, the state government through the Ministry of Women Affairs and Poverty Alleviation, and Ministry of Justice facilitated the enactment of a law protecting them from domestic violence and rights abuse.

Ambode further stated that under that law, which had been in force for some time now, women and girls are protected and violators of the provisions of the law are liable for prosecution. She said: “Protecting women and girls is not a job for the government alone. All hands must be on deck to stamp out violence and hardship against them. Economic empowerment is the way forward for those out-of-school adolescent and I am glad that AHI got the clue and took the initiative of training them.

“It is for the purpose of empowering persons like these, that the Ministry of Women Affairs and Poverty Alleviation runs functional skills acquisition centres across the state. There are about 17 such centres located in the five divisions of the state for the convenience of Lagosians.

“At those centres, there are no less than 10 different vocations like computer training, printing technology, furniture and woodwork, catering and hotel management, block laying, shoe making and leather works, adult literacy, cosmetology and others.

“The establishment of the skills acquisition centres by the state government is a deliberate initiative at building society, through direct training of ladies like you, young women, widows and others, in various skills and vocations.” Ambode appealed to the graduands to imbibe the culture of hardwork and diligence, noting that they are vital principles for business survival, “you

must invest your energy and time in any business you want to do. No employee will protect your interest better than yourself.”

In her remarks, the Deputy Regional Director and the Acting Country Representative of the United Nations Population Fund (UNFPA), Ms. Beatrice Mutali, noted that the event would not have come at a more auspicious time for the nation, adding that globally, countries are currently setting in place actions that will ensure the attainment of the Sustainable Development goals (SDGs).

Mutali who was represented by the Head, Lagos Liaison Office and Programme Specialist, Dr. Omolaso Omesehin, stressed that it is crucial to note that the ability of the OOSG to fulfill her potential is a major contributor to the attainment of the SDGs and a corresponding critical development goal for Nigeria.

She further explained that the occasion is a clarion call to all Nigerians (policy makers, legislators, other development partners and NGOs) to work in ensuring that the OOSG is empowered in terms of accessing formal and informal education as well as acquisition of knowledge about her sexual and reproductive health which will enable her reach maximum potential and contribute to the development of the country. Mutali added: “Investing in the empowerment of these youths is also a veritable means to repaint the demographic dividend.

“Globally, three countries: Nigeria, Pakistan and Ethiopia have over a million girls not in school. Unfortunately, Nigeria with over five million girls out-of-school has the highest number of girls’ out-of school. In Nigeria, Lagos State with over two million young girls aged 10-19 years has the highest number of young girls in Nigeria.

“Despite the state’s effort to be a pacesetter in the promotion of girls’ education and women empowerment, a significant proportion of these girls are still out-of-school

19

• T H I S D AY TUESDAY, OCTOBER 11, 2016

FEATURES The dreams we had would not have been actualised, if we don’t have the support of our partners to fund it. Lagos State has done well. AHI is proud to be an organisation based in Lagos. We have succeeded in every area we have ventured into because the state government continues to be a visionary government L-R: Mrs. Lola Akande, Lagos State First Lady, Mrs. Bolanle Ambode, presenting certificate to one of the beneficiaries, Adenike Amusu and Deputy Speaker, Hon. Sunny Eshinloku

Mrs. Ambode (4th from left), flanked by other guests, including the beneficiaries

Dr. Omolaso Omesehin (middle), presenting certificate to one of the beneficiaries

due to teeming population of the state.

Therefore, if significant progress towards the empowerment of the OOSG is achieved in the state, the impact will be felt nationally and indeed on a global scale as well.

“It is well acknowledged the OOSG is one the most vulnerable individuals in our society as they are well accustomed to living in unsafe and insanitary conditions, exposed to gender based violence, coerced sexual encounters or forced marriages, early pregnancy/child bearing and exploitative labour conditions.

“Studies have shown that girls and young women who are empowered with income-generating skills as well as knowledge about their Sexual Reproductive Health

(SRH) have greater awareness of their rights, confidence and freedom to make decisions that affect their lives. Also to improve their own and their children’s health, which in the long-term hastens the demographic transition to lower birth and mortality rates.”

The Baale of Makoko Community, Prince Raymond Akinsemoyin, commended AHI for continuously championing the cause to improve the situations of girls in slum communities, adding that the state government has also been partnering with the community, in the area of mass literacy programmes.

“They have been ensuring that they train these out-of-school girls who would be

impregnated and become a menace to the society. Government is trying to empower them. A lot of these girls are now better off than they were before. It’s making a lot of impact in the society,” he noted.

He explained that in Makoko many of the girls within the school age brackets are encouraged to enroll in primary schools apart from the evening mass literacy class training in order for them to have proper education. Akinsemoyin stressed that those who opted for vocational trainings were placed under the tutelage of an artisan, noting that at the end of the programme, some of them are empowered and given tools to work with, “government has been providing the funds and in some cases,

they go back to monitor activities of these trained girls.” He added: “I would like government to concentrate on curbing criminal tendencies among the youths in the community. It is getting alarming these days, both the girls and the boys are engaged in drug related activities. They also engage in violent activities and form unhealthy groups which develop into cults.

Therefore government should take more time to engage a lot of our youths especially those that are idle who move around in groups.” The Executive Director of AHI, Mrs. Adenike Essiet, expressed appreciation to the state government, Ford Foundation and UNPFA for the support given to AHI over the years, especially the actualisation of the Action Plan which was launched, noting that this is the beginning of the new opportunities and hope for girls.

“The dreams we had would not have been actualised, if we don’t have the support of our partners to fund it. Lagos State has done well. AHI is proud to be an organisation based in Lagos. We have succeeded in every area we have ventured into because the state government continues to be a visionary government,” she added.

The plan of action makes the case for enhanced inter-sectoral and multi-stakeholders collaboration in efforts to ensure that marginalised adolescent girls are not left behind, alignment with the national and international commitment towards achieving the Sustainable Development Goals (SDGs) especially in the state. It presents a roadmap to guide the state government’s programmes of cooperation with development partners and all relevant stakeholders, by clearly making known the situation of the marginalised adolescent girls and prescribing practical actions for enabling them to achieve their potential and fulfil their human rights.

According to the 2012-2025 state development plans, a large proportion of these marginalised girls live in the blighted areas. The plan explained that both male and females who live in these areas face predicaments associated with poverty, poor living conditions, lack of social safety nets.

Women are the worst affected. Findings conducted from a study of OOS adolescent girls in Iwaya showed that from the 480 girls surveyed, approximately 60 percent could not read, over 50 per cent had experienced physical violence by their partner or parent/ guardian in the last 12 months and had no recourse or safe space outside their families or religious communities. Nearly 25 per cent had begun child bearing or were pregnant and only four percent had comprehensive knowledge of Human Immune Virus (HIV).

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IMAGES

T H I S D AY • TUESDAY, OCTOBER 11, 2016

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

L-R. Mr. Sola Oyetayo (BRIPAN President), Miss Odetola (Kent Law School UK), Hon. Justice I.N. Buba (Federal High Court Lagos), Ms. Samantha Bewick (Partner KPMG UK/INSOL Fellow), Mr. Chimezie Victor C. Ihekweazu (BRIPAN General Secretary) and Mr. Richard Ayodele Akintunde (SAN) (BRIPAN 2nd Vice President/Chair Conference Planning Committee) at the just concluded International Conference of Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) in Lagos...recently

L-R: The Corps Marshal Of The Road Safety Commission (Frsc), Mr. Boboye Oyeyemi; Canadian High Commissioner To Nigeria, Mr. Christopher Thornley; And The Head, Media Relations And Strategy, Frsc, Bisi Kazeem, Going Through The Verification Of Driver’s Licence During The Visit Of The High Commissioner To The Frsc Headquarters In Abuja...Recently

L-R: Corporate Affairs Officer, SIFAX Group, Philips Ojo; Executive Coordinator, Ajoke Ayisat Afolabi Foundation (AAAF), Foluke Ademokun; Ogun State Governor, Senator Ibikunle Amosun; the governor’s wife and President, UPLIFT Development Foundation, Olufunsho; and the Corporate Affairs Officer, SIFAX Group, Joy Itegboje, at the 2016 free cancer screening and awareness campaign for market women in Ogun State...recently

R-L: CEO, Lions & Gazelles, Daniel Weihrauch; CEO, Events & Brand Activations Consultant, Olanrewaju Samson; Chief Service Officer, TOPCOMM, Tope Ogbeni-Awe; Regional Head Africa, Lions & Gazelles, Chiamaka Ifediora; Deputy Head of Sales, Dubai Parks and Resorts, Raouf AbdulRazak; and Principal PR/ Media Consultant, TOPCOMM, Mohammed Abdullahi, during the unveiling of Dubai Parks and Resorts in Lagos...recently

L-R: Founder of Dragon Africa, Obi Asika; Founder, Nigerian Enterpreneurship Summit and Honour (NESH), Emeka Ugwu-Oju; Chief Executive Officer, FSCG Energy Investments, Nwatali Damian; and Chief Executive Officer, Enthyst Event, Ndidi Obioha, during NESH’s media session on its inaugural summit in Lagos... recently

National Coordinator, lndependent Shareholders Association of Nigeria, Mr. Sunny Nwosu, addressing the Board of Directors of Mutual Benefits Assurance Plc at the 20th annual general meeting of the company in Lagos...recently ABIODUN AJALA

L-R: Founder, SHE Forum Africa, Inimfon Etuk; Danish Ambassador to Nigeria, Torben Gettermann; keynote speaker and founder, AboveWhispers.com, Mrs Bisi Adeleye-Fayemi; founder, Wellbeing Foundation Africa, Mrs Toyin Saraki; with acting MD, Niger Delta Development Commission (NDDC), Mrs Ibim Semenitari, at the SHE Forum Africa 2016 in Abuja...recently

L-R: Host and HOD, History & Strategic Studies Department, University of Lagos, Prof. Michael Ogbeidi; Students Staff Adviser, Dr. Henry Ogunjewo; and the guest lecturer/CEO, Mosecon Group Germany, Dr. Yan St. Pierre, during a special seminar on Terrorism and Safeguarding Telecommunications Infrastructure Security in Nigeria, by the Studentsí Historical Society of Nigeria (SHSN), (UNILAG chapter) at Afe Babalola Hall, UNILAG...recently KOLA OLASUPO

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T H I S D AY • TUESDAY, OCTOBER 11, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S 14.8750 19.7872

A S

3-MONTH 6-MONTH

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Quick Takes Upstream Africa Holds in Houston

DEEPENING INSURANCE PENETRATION

L-R- Executive Director, Finance and Systems, Leadway Assurance Limited, Tunde Hassan-Odukale; General Manager/Head of Retail, Tinashe Muyambo; Executive Director, General Business, also of Leadway, Ms. Adetola Adegbayi; Territorial Sales Manager (North), Total Nigeria Plc, Muftau Balogun; and Retail Marketing Manager, Henrietta Isokpan, during the partnership signing ceremony by Leadway and Total in Lagos … recently

Barkindo: Nigeria, Other Oil Producers Lose $1trn Revenue to Oil Price Slump Chika Amanze-Nwachuku and Obinna Chima in Washington D.C The Organisation of Petroleum Exporting Countries (OPEC) has put the total amount of revenue lost by Nigeria and other member countries of the organisation due to the prolonged slide in crude oil prices at over $1 trillion.

Also, in terms of investments, the group of world major oilexporting countries also revealed that there was a contraction of about 26 per cent in 2015, just as it projected a further contraction of 22 per cent this year.

The Secretary General of OPEC Alhaji Mohammad Sanusi Barkindo, said this in an interview with journalists on the sidelines of the International Monetary Fund (IMF)/ World Bank annual meetings

ENERGY in Washington D.C. Furthermore, the OPEC scribe pointed out that the prospect for oil production in 2017 also looked bleak.

“For the first time in recent memory, we are not only having three consecutive years of depressed oil prices, but we are also seeing contraction in capital investments, particularly in the upstream for three consecutive years. OPEC member countries alone, in the last two years have lost over $1trillion in terms of revenue.

“In terms of investment into this industry, we have seen contraction of about 26 per cent in 2015 and in this year, so far we are projecting a further contraction of 22 per cent. Now, this is a very serious development that is

threatening future supply to the global community with its consequences on the fragile economies as you have heard from the IMF,” he explained.

He noted that when the last bull run saw crude oil prices climb over $120 per barrel as at July 2014, it was just a matter of time for correction in the market. But, the OPEC secretary general said his organisation, the IMF as well agencies failed to correctly predict the length of time it was going to take for a rebound.

“It is taking us now into the third year of this correction, with the rebalancing target being put forward. So, it is not only OPEC that missed the target, but most other agencies including the IMF and World Bank. You have had in the last two days (at the IMF/ World Bank annual meetings) of extensive consultations and

discussions at the ongoing annual meetings that some of these models were found wanting. Nobody expected that this cycle would last this long and the severe consequences of th huge revenues that we have lost,” he added.

According to Barkindo, the meeting by member states in Algiers last month, took into account the special, “but unfortunate circumstances” of Nigeria, Libya, and the Islamic Republic of Iran, that had been suffering from the impact of low prices, as well as the impact of low production because of the communal disturbances in their producing areas.

“We (Nigeria) has lost on the average, about 700,000 barrels per day in production. So also is Libya. Libya has lost over Continued on page 22

Pains, Anger as Darkness Hits Arepo, other Ogun Communities Ejiofor Alike Residents of Warewa and Arepo communities, including the popular Journalists’ Estate, as well as surrounding communities in Ogun State are in pains following the darkness that enveloped the areas as a result of disruption of their electricity supply for the past four weeks, THISDAY has learnt.

The residents have accused the Ikeja Electricity Distribution Company (IKEDC) of insensitivity to their plight and appealed to the Nigerian

ENERGY Electricity Distribution Commission (NERC) to come to their rescue.

The leaders of the affected communities, who spoke to THISDAY off the records, alleged that despite several representations to the management of the company, the areas have remained in darkness.

According to them, the disruption of power supply in those areas has collapsed economic activities and dislocated homes, stressing also that at the end of the crisis, the

company will still go ahead to slam customers with exorbitant bills for power not supplied.

“We have visited their office in Alausa and all they told us was that they were tracing the fault. Our people are surprised why it is taking them eternity to identify and rectify this fault. Life has been made miserable for us,” said one of the residents.

“It affected many communities. If you are going to Redeem Camp along LagosIbadan Express, after Ojodu Berger, there is a long bridge where they sell cattle. All the

communities from that river to Arepo are affected,” he added.

One of the residents also alleged that when they visited the Chief Operating Officer (COO), who acts as the managing director, he claimed that he was not aware that the areas were in darkness.

“The MD said he was surprised and that he was not aware that there was no power in those areas. It took them two weeks before they traced the fault but up till now, they have not rectified the fault,” Continued on page 22

Upstream Africa Conference and Exhibition, a strategic African focused oil and gas conference on Africa’s local content initiatives will hold this year in Houston, Texas, United States.

The conference, which was formerly International Local Content Conference, was previously held in conjunction with the Nigerian National Petroleum Corporation (NNPC), Nigerian Content Development (NCD), Petroleum Technology Development Fund (PTDF), and Nigerian Content Development Fund (NCCF).

This year’s event, which focuses on the new investment opportunities available within the African upstream sector, is being organised in collaboration with Senate Committee on Petroleum Upstream, Ministry of Petroleum Resources, Department of Petroleum Resources, NNPC, Nigerian Petroleum Development Company (NPDC), Nigerian Content Development Monitoring Board (NCDMB); Petroleum Technology Development Fund and other relevant government and private institutions.

Former editions were declared opened by a former Group Managing Director of NNPC, Mr. Funsho Kupolokun, a former Country Chairman, Shell Companies in Nigeria, Mr. Basil Omiyi, as well as top officials from Shell, Brass LNG, Oando, PTDF, Addax Petroleum, Agip, Mobil and with delegates from Angola, Zambia, Cameroon and Algeria.

According to the organisers, this year’s edition will attract wider participation of energy ministers from Ghana, Cameroon, Senegal, Algeria, Niger, Angola and Equatorial Guinea, as well as delegates from America, Europe and Asia.

ConocoPhillips Sues Venezuela’s NOC

Subsidiaries of United States (US) oil company ConocoPhillips have sued Venezuelan state oil company PDVSA in Delaware, according to a court filing, accusing it of fraudulent operations involving its US subsidiary Citgo.

ConocoPhillips said in an October 6 filing PDVSA operations, including an ongoing bond swap that uses shares in Citgo Holding Inc as collateral, are part of an effort to prevent Conoco from collecting compensation in a dispute over a 2007 nationalisation of its Venezuela holdings.

ConocoPhillips has for nearly a decade been pursuing a case against Venezuela in a World Bank tribunal to obtain billions of dollars in compensation for the 2007 takeover of its Venezuela assets by late socialist leader Hugo Chavez.

The tribunal known as ICSID in a partial ruling in 2013 said that takeover was illegal.

The US company cited numerous operations involving Citgo, including an attempt to sell it in 2014, a debt offering that financed dividend payments to PDVSA, and most recently a bond swap operation that uses Citgo Holding as collateral.

Argentina Targets $1.8bn Investment

Argentina expects investment of $1.8 billion from 17 renewable energy projects awarded in an auction to generate 1,109 megawatts of power, the government said at the weekend, as it tries to lessen dependence on imported power.

Argentine and international companies are among the winners, with Spanish companies Isolux Corsan SA and FieldFare earning a solar contract and China’s Envision Energy winning four wind contracts.

The projects are meant to increase the percentage of national power production from renewable sources to 8 percent of the total next year from 1.8 percent currently.

“We’ll be at about 5 percent of the goal we have established,” Undersecretary of Renewable Energy Sebastian Kind told a news conference. The average winning price was $59.40 per megawatt hour and $59.70 per megawatt hour for solar.

Argentina received a total of 123 project bids in September, but said on Friday it awarded 17. Of those, 12 are wind, four solar and one biogas.

“I am calling on other marketers to emulate NNPC by selling kerosene at maximum of N150 per litre, which also provides sufficient margin for them to do so.”

Group Managing Director, NNPC, Dr. Maikanti Baru

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T H I S D AY • TUESDAY, OCTOBER 11, 2016

BUSINESSWORLD BARKINDO: NIGERIA, OTHER OIL PRODUCERS LOSE $1TRN REVENUE TO OIL PRICE SLUMP

1.3 million barrels a day as a result of similar and even more serious social and political unrest in the country. Iran is just emerging from sanctions, during which production suffered significantly. In the interest of the whole organisation, ministers decided in Algiers to take into account these special circumstances when it comes to the implementation of the production position we must take.

“OPEC will like to see Nigeria attain its potential again.

Nigeria has a very much higher level of production capacity than what it is doing at the moment, so also is Libya, to a large extent, Iran. We look forward to these three countries recovering their potential to come back into the international market, so that we would move forward holistically,” Barkindo added.

He reiterated that the meeting of last month was very positive, not only for Nigeria, but for the entire group. According to him, at Algiers, member states were able to avert a further price slump.

PAINS, ANGER AS DARKNESS HITS AREPO, OTHER OGUN COMMUNITIES

he added.

THISDAY also gathered from one of the residents that the company had traced the fault to an area that was heavily flooded by the Ogun River and was insisting that the fault should wait till the dry season.

“One of their staff members told us that they have traced the fault to an area that was flooded. They said that they can’t rectify the fault until the end of the rainy reason. But is that fair? Why can’t they use a boat to go there and repair the fault? The worst is that they will still come up with their crazy bills at the end of the month. It is only NERC that can come to our rescue. That is where we are today,” he said.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

UK, Nigerian Firms to Generate Electricity, Build Mini Refineries in Nigeria Ejiofor Alike Evolve Trading & Investment Limited with offices in the United Kingdom (UK ) and Nigeria has signed a Memorandum of Understanding (MoU) with Awaritse Nigeria Limited, a local oil service company with global representation, to introduce mini refineries with the capacity to process crude oil, produce water and also generate electricity.

The partnership was signed after meetings in London between Awaritse Nigeria Ltd team and Evolve Trading & Investments, represented by Mr. George Karstein Irvine, Senior Vice Presidentand Godwin Omar Atsimene Jnr., Strategic Alliance Partner.

Speaking during the MoU signing ceremony, Irvine noted that his company’s innovative refining technology was far ahead of global standards.

“Our innovative refining technology is far ahead of the standard refining process, which does not produce the additional outputs of electricity and drinking water. The unit has been named the ‘Genesis Life Cube (GLC)’ and is based upon the context of creating life by producing the basic elements of water and light.

Evolve feel that these are the first building blocks needed to expand the socio-economic benefits to communities where the GLCs are sited,” Irvine explained.

Commenting on behalf of his company, Atsimene explained that the partnership would be a game-changer for the oil-rich Niger Delta.

“The Evolve GLCs are going to be a game changer for the Niger Delta region which has suffered from years of neglect and environmental degradation.

The GLC could easily replace the illegal modular refineries in the region and produce refined products, water, electricity as well as create jobs in the communities in the region,” Atsimene added.

The GLC has the ability to produce a basic yield of

products.

This innovative approach will reduce risks almost to zero given that processing, power generation and reverse osmosis associated with crude oil refinery will now be done in one location with the range of outputs becoming immediately available. Apart from creating employment opportunities, Evolve will train host communities as a deliberate policy of giving

back to them to ensure a win-win for all.

It is envisaged that each unit will provide up to 20MW of power and up to 800,000litres of fresh drinking water per day based upon a maximum processing capacity of 30.000bpd of crude oil.

Expectedly the GLC units are going to be provided on a fully funded basis and as such the company is discussing with the federal government agencies.

BUSINESS RECOVERY FORUM

L-R: President,Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) Mr. Sola Oyetayo; Damilola Odetola of Kent Law School, United Kingdom; Hon Justice I. N. Buba of Federal High Court Lagos; Partner KPMG UK, Ms Samantha Bewick; BRIPAN General Secretary, Chimezie Victor Ihekweazu, and BRIPAN Second Vice President /Chair Conference Planning Committee, Mr. Ayodele Akintunde at the international conference of the BRIPAN in Lagos...recently

French Expo to Connect Nigerian Companies to $1.5 trillion Global Food Market Promosalons Nigeria, organisers of the SIAL Paris trade show has stated that this year’s fair scheduled to hold from October 16 to October 20, 2016 in Paris, France, is expected to expose Nigerian food companies to latest technologies and innovations aimed at boosting Nigeria’s food industry.

The organisers stressed that the event will also help Nigerian operators access the around $1.5 trillion worth of business at stake in the global food business sector.

The Managing Director, Promosalons Nigeria, Mr. Akin Akinbola, said the fair is in line with the federal government’s effort to diversify the nation’s economy away from oil with food processing and agriculture as top priorities.

Akinbola in a statement, said this year’s SIAL Paris coincides with the United Nations’ world food day, maintaining that representatives of the entire global food industry will be in Paris, ready to find and share the solutions required to feed the world for the next 30 years.

“SIAL Paris 2016 is the perfect avenue any profes-

refined products designed for the local market as well as electricity and drinking water for local consumption.

Apart boosting the local capacity to refine our products, it will help to mitigate against the challenges associated with the transfer the crude feedstock via third party pipelines or by road for further transportation by sea to a foreign destination only to be re-imported as refined

sional and food production company needs, to explore, get access to and assess the latest innovations, marketing strategies and food processing activities. Latest food technologies coupled with research findings and latest trends will provide participants the avenue through which they can develop their food production and processing activities which will in turn add to Nigeria’s economy growth ,” he said.

According to him, participants from Nigeria will be afforded the rare opportunity to meet, interact and engage with top brands in the food processing and production sectors from around the world with the view of exploring latest innovations, technologies and establishing prospective partnership.

“This food trade show is the perfect opportunity for professionals in the food production and processing sector of Nigeria to key in into the federal government’s desire and initiative to diversify the economy away from the over dependence on dwindling crude oil prices and production,” he said.

Signage Violation: Lagos Threatens Sanction against Shopping Malls, Markets Gboyega Akinsanmi The Lagos State Government has said it will sanction any shopping malls, plazas and markets found violating its signage and outdoor advertisement regulations.

The Managing Director of Lagos State Signage & Advertisement Agency (LASAA), Mr. Mobolaji Sanusi disclosed this in a statement, noting that it would no longer tolerate any act of violation of its policy and regulations.

Sanusi explained that LASAA’s existing policy, which controls signage displays within and around commercial centres (malls & shopping plazas) and markets “still subsists.” He said: “We have observed the clutters and clustering of signs within multi-tenanted business premises, hence, an urgent need to step up enforcement on our existing policy on proper display of signs in commercial centers in the state.” He explained that the purpose of this policy was “to ensure that all signs within multi-tenanted business premises observe proper standards as stated in the enabling law without detriment to the

surrounding amenities and ensuring an aesthetically pleasing environment.”

Sanusi stated specifically that, “Schedule 4, Section 3 of the LASAA enabling law prescribes clearly conditions for the approval of signs in such commercial centers.”

With the re-introduction of the enforcement exercise, the MD urged all affected, particularly owners/occupants of shopping malls, plazas and markets “to ensure implementation of the policy by installing appropriate composite signs as provided in the enabling law.

“On the other hand, the LASAA is already compiling the list of some property owners for verifications purposes while also embarking on wide range of extensive advocacy campaigns to sensitize members of the public against the menace.”

Meanwhile, the agency had warned members of the public to desist from physically attacking its officials in the course of discharging responsibilities within the state. In a separate statement issued recently, Sanusi cited one of the recent attacks on the team of the agency, which he said,

was led by a private security guard attached to Emglo Suites in Festac, Lagos He explained that the armed guard on duty on the said day descended on the officials of the state government in their effort “to remove an illegal banner within Emglo Suite premises.”

He revealed that the security guard threatened the officials of LASAA with a pump action rifle in his possession which was later seized by the Police Monitoring Team attached to the agency. Sanusi said that an attack on LASAA staff members “is an attack on the state. The last attack or any subsequent ones on the agency’s officials will be accorded all seriousness it deserves.”

The managing director disclosed that those behind the last attack “have been arrested and handed over to the Lagos State Task Force for necessary legal action.”

He said Emglo Suites “is indebted to the agency with outstanding due for advertisement permit fees. The visit

by LASAA was part of effort to ensure quick settlement of all the outstanding debt owed the agency.”

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BUSINESSWORLD

ENERGY

Challenging Youth Entrepreneurs through Shell’s Safer Energy Campaign With the global launch of “#makethefuture” campaign to challenge youth entrepreneurs to generate smart ideas on safer and more sustainable energy solutions, Shell is set to change the face of global energy dynamics, writes Ejiofor Alike

R-L: External Relations Manager, Shell Brazil, Guilherme Monsanto; Global Head of Integrated Brand Communications, Shell, Malena Cutuli; External Relations Manager, Shell Brazil, Glauco Paiva and multiple award-winning Nigerian artist, Yemi Alade, at the inauguration of Shell’s ‘#makethefuture’ campaign in Santa Marta, Rio de Janeiro, Brazil…recently With the increasing demand for energy by the world’s growing population currently estimated at about seven billion, there has been intense international clamour for the development of safer and more sustainable energy solutions to resolve the environmental challenges posed by conventional energy sources and quench the huge appetite of energy-hungry communities that lack access to grid electricity.

While the conventional energy sources – gas, petrol and coal- pollute the environment and fuel greenhouse gas emissions, an estimated 1.2 billion people in many communities around the world lack access to grid electricity.

Apart from the dangers of pollution and greenhouse gas emission, the traditional sources of energy are also being threatened by depletion, hence they are said to be unsustainable.

It is against this background that Shell has launched “#makethefuture” campaign to engage with youth entrepreneurs, inventors, local communities, global celebrities and other relevant stakeholders to transform bright ideas into actions that will create sustainable energy solutions.

Under the programme, six technologies have been identified and developed through Shell Eco-Marathon and Shell LiveWIRE programme set up to incentivise businesses that develop clean energy solutions to reduce carbon footprint and promote healthy environment.

Pavegen –where one footstep generates 5 Watts Pavegen, which has been installed in Nigeria where Shell built Africa’s first human and solarpowered football pitch at the Federal College of Education, Akoka, Lagos, is a technology that uses footsteps to generate electricity.

Founder of Pavegen and British-born Laurence Kemball-Cook said one footstep could generate five watts of energy, which can also be stored for use when needed.

Kemball-Cook told THISDAY that he was inspired by his bitter experience in one of the largest energy companies in Europe where he

was disengaged for failing to develop innovative street lighting.

Earlier in his speech at the launching of “#makethefurure,” in Rio de Janeiro, Kembell-Cook stated that his idea harnesses kinetic energy generated by footsteps to generate electricity.

According to him, before he built Africa’s first human and solar powered football pitch at the Federal College of Education, Akoka, Lagos in Nigeria, Shell and football icon, Pele had helped Pavegen to launch the world’s first people-powered football pitch in Morro da Mineira, a favela in Rio de Janeiro, adding that the technology has been deployed in various high-football locations around the world.

Kembell-Cook further disclosed that his organisation had secured a start-up grant from Shell LIVEWIRE Grand Ideas Award Fund, which had helped his business to expand.

He had graduated from the Loughborough University where he came up with the concept of generating energy with feet.

According to him, after completing his work placement in the company for one year, he was given the task of developing lights from renewable energy but he failed and left the company in shame.

The experience motivated him to think innovatively and came up with the fresh idea of developing sustainable and affordable light from footsteps. His major milestone since he founded Pavegen in 2009 was the kinetic pitch he developed with Shell, using footsteps to generate light in a football pitch.

The technology is also capable of storing power generated in the day to power the lights when they are needed. He described his collaboration with Shell as positive and pivotal to the growth of his business, pointing out that the Kinetic pitch, which was biggest project he did was with the collaboration of Shell.

Shell had given Pavegen grant from the popular Shell LiveWIRE Grand Ideas Award Fund, which funded the expansion of the company.

The technology also clinched an award/prize in Shell LiveWIRE Young Entrepreneur of the Year competition and also participated in the Shell Springboard 2013 final.

Kemball-Cook said the collaboration had made changes in Nigeria and Brazil and also has a target to make life-changing impacts through the deployment of the technology to change people’s perception of renewable energy.

Apart from football pitches, Pavegen has also

While the conventional energy sources – gas, petrol and coal- pollute the environment and fuel greenhouse gas emissions, an estimated 1.2 billion people in many communities around the world lack access to grid electricity

been deployed in transport hubs and shopping centres around the world where there are human traffic to generate footsteps.

On the collaboration with global music artists and singers such as Nigeria’s Yemi Alade, Brazil’s Luan Santana and British singer, artist and dancer, Pixie Lott, Laurence said the involvement of these music icons would inspire the youths to align with the vision of recognising the importance of renewable energy for safer environment.

Bio-bean, where coffee is refined into biodiesel Bio-bean is a technology that refines coffee oil into biodiesel and biochemicals used for flavours and fragrances.

While studying Architecture at the University College, London, Arthur Kay founded Bio-bean, which uses grounded waste coffee to make biodiesel and biomass pellets.

Kay was given a task of designing a coffee shop as an undergraduate when he realised the oil content in coffee and the huge waste produced, which was estimated at 200,000 tonnes yearly just in London alone.

According to him, he was holding a cup of coffee and noticed the oily coffee skein on the top and got inspired to investigate what the coffee waste could be used for. That was how the 25-year-old set about to form Bio-bean, which currently employs over 30 and had raised three million pounds in financing in the first two years of business.

His target is to fuel London’s transport system with biodiesel, which is already being used by many buses in London.

Bio-bean relies on a principle known as “Urban Mining” and targets to design sustainable cities.

Kay won Shell LiveWIRE Grand Ideas Award, the Innovation Award and was a finalist in the 2013 Shell LiveWIRE Young Entrepreneur of the Year category.

Continued on page 29

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T H I S D AY • TUESDAY, OCTOBER 11, 2016

BUSINESSWORLD

ENERGY

CHALLENGING YOUTH ENTREPRENEURS THROUGH SHELL’S SAFER ENERGY CAMPAIGN Kay described coffee waste as a global issue, adding that in the UK, there are 500,000 tonnes of waste coffee grounds, with London alone accounting for 200,000 tonnes.

Speaking to THISDAY on the future of the technology, the Head of Communications at Bio-bean, Mr. Daniel Crockett said the firm would expand to other countries.

“We have a lot of interest from western Europe and to North America and we do have to bring the technology into other countries further afield.

We also love to work with other organic wastes.

At the moment, we started with coffee but there are a lot of other different things being wasted that could be turned into valuable resources,” he explained. “ There are tremendous opportunities to create local solutions in places like Africa,” he added.

Speaking on the role of Shell in promoting the initiative, Crockett stated that “it is fantastic for Shell to get the different entrepreneurs together and put them in one place and also to work with artists to spread the message to young people.”

Capture Mobility –where traffic generates electricity Founded by 22-year-old Pakistan born, engineering graduate, Sanwal Muneer, Capture Mobility harvests air movement and solar energy from human and vehicular traffic by the side of runways, highways, metro tracks and motorways to generate clean energy.

Under the technology, specially designed windmills are used to harvest the air movement.

The technology is currently active in Dundee in the UK and is being implemented by the Scottish Transport Department.

Capture Mobility won an award as part of Shell Tameer, under the Shell LiveWIRE Programme organised in Pakistan in 2014.

The award was in recognition of businesses that develop clean energy solutions to avoid carbon emission and improve community health.

Capture Mobility also participated in Shell Eco-Marathon Asia as a Team Leader in 20112012 and won the Shell Young Entrepreneur award in 2014.

It has also won the Shell’s “Let’s Go Trade Award” in 2015, which will help the technology access the international markets.

Muneer told THISDAY that while studying engineering, he realised that most types of renewable energy at that time had restrictions and resolved to develop scalable solution.

For instance, he noted that solar panels only work in the daytime while wind turbines work only where there are wind corridors.

According to him, these restrictions motivated him to develop a solution that can easily be installed anywhere.

GravityLight –five times brighter than kerosene GravityLight, which turns Kinetic energy into electrical energy, is powered by lifting weight, which generates electricity while falling.

While kerosene can consume up to 25 per cent of income of the poor, GravityLight saves over 40 per cent cost and is five times brighter than kerosene.

London-based designers – Jim Reeves and Martin Riddiford developed GravityLight over a period of six years (2009 – 2016).

The technology uses engineering principles with efficient LEDs to turn energy produced by a falling 12kg bag into electricity in the form of light.

The team was motivated by the inaccessibility of grid electricity to over 1.2 billion people worldwide and they set out to provide cheaper and safer alternative to kerosene.

The team was named the Shell Springboard National Winner for their low carbon innovation in 2015. Shell is currently helping GravityLight to upscale their operation, supporting the deployment of the technology to Kenya, which will be the first developing market to commercialise the GravityLight. GravityLight , which is currently being launched in Kenya to create jobs, enhance skills and improves lives, requires no batteries and can be stored indefinitely.

The Commercial Director of GravityLight, Caroline Angus told THISDAY that the company was focused on Kenya because of the ease of doing business in the country, coupled with the fact that over 80 per cent of the population or 34 million people do not have access to electricity.

“In Kenya, over 80 per cent of the population do not have access to electricity and that is 34 million people. One of the key factors is where

Solar panels paid for by Shell and installed by Insolar on the roof of the creche in Santa Manta, Brazil there are needs and demand; where are people still using kerosene? And Kenya stood out as one of those countries. Another reason is that we were thinking where we could do business relatively easily and set up operation. So, we used English Language and English laws as starting point and these are tested and there are also distribution networks that we could partner with,” she explained.

“We are also thinking about West Africa and I am really interested in looking at the Nigerian market,” she added.

Insolar Having noticed that Brazil sees over 2,000 hours of sunlight every year but many of her citizens lack access to electricity, Brazilian-born Henrique Drumond, 33, had set out on a mission to change the world by providing solar power for energy-hungry communities.

He won the Shell Iniciativa Jovem – Brazilian version of the Shell LiveWIRE programme in 2014. In 2015, he was part of Shell’s #makethefuture Accelerator, which brought together over 100 young entrepreneurs to generate ideas to help insolar and also facilitate the launch of #makethefuture progamme in Santa Marta.

Through the #makethefuture programme initiated by Shell, Insolar provides solar installations to Santa Marta community in Rio, thus improving lives of 8,000 residents.

MotionECO – turning cooking oil into biodiesel This technology, which targets the eliminate the harmful effects of cooking oil by turning waste oil into sustainable transport fuel, was the brainchild of a 29-year-old Chinese entrepreneur, Shutong Liu, who travelled to the Netherlands at the age of 18, where he majored in energy studies, with specialisation in renewable energy and sustainable transportation.

He told THISDAY that his desire was to solve social problem created by the inability of the Chinese to recycle cooking oil.

Liu developed MotionECO to convert waste cooking oil into biodiesel that is not associated pollution and is free from greenhouse gas (GHG) emission.

According to him, his target is to eliminate waste cooking gas, which created social problem in China. The technology is part of Shell’s New Ventures China (NVC) sponsored by China and is receiving financial support from Shell to translate the bright ideas into reality.

Shell’s #makethefuture” Shell has effectively used the “makethefuture” programme to challenge the youths to develop innovative ideas that will create sustainable energy solutions.

Under Shell’s #makethefuture campaign, the six new energy solutions that have already beeninclude: Pavegen, which converts kinetic energy generated by footsteps into electricity;

and Capture Mobility, which converts human and vehicular traffic into electricity.

As pointed out earlier, Pavegen solution has been deployed in Nigeria where Shell built Africa’s first human and solar- powered football pitch at the Federal College of Education, Akoka, Lagos. The rest include GravityLight, which generates electricity from falling object; Insolar, which provides communities easy access to solar energy; MotionECO, which turns waste cooking oil into energy and Bio-bean, which converts waste coffee into energy.

Speaking recently at the launch of the programme in Santa Marta community of Rio de Janeiro in Brazil, Shell’s Global Head of Integrated Brand Communications, Malena Cutuli identified lack of access to cleaner energy as one of the greatest challenges facing the world.

According to her, one of the biggest challenges facing the world either as inventors or investors, “is how to provide cleaner and better energy.”

Cutuli stated that “makethefuture is all about how you can transform lives by creating products that can meet immediate and future needs.” She added that Shell is working with entrepreneurs worldwide to “transform innovations to energy.”

“Our programmes are like springboards to create accelerated thinking on how to provide viable solutions to meet the energy demand of the world population,” she added.

She stressed the need for donors and sponsors to support entrepreneurs around the world to develop ideas and power of innovative options for communities to access cleaner energy.

“We want to improve our lives, our communities, and our countries, and we are constantly developing new technologies and methods to do so. But we thereby face a global problem: the more we reach for a brighter future, the more energy we consume along the way. Our current access to energy is neither enough to satisfy our growing energy needs, nor is it sustainable. The ways in which it is being provided now contribute to climate change, as well as costing the planet valuable resources.

We need more and cleaner energy. But we can’t do it alone,” she explained.

She further stated that “#makethefuture” campaign is the company’s call for collaboration to create smart energy solutions that will generate more and cleaner energy across the world.

“It is a privilege to see how ideas are transformed into realities,” she added.

“Working together, we are turning gravity into light, coffee into energy, cooking oil into fuel, footsteps and roofs into power sources and roadside turbulence into electricity. Communities in Brazil, Kenya, China, United States and UK will experience, first hand, the benefits of these new sources of energy. And we will all see how a different future is possible, a future that is in our hands to create,” Cutuli said.

Also speaking, Shell Brazil’s External Relations Manager, Glauco Paiva described Brazil as the

world’s leader in the oil and gas business of exploration and production (E&P), adding that Brazil will host Shell’s Eco Marathon competition where any technology that consumes less energy will emerge the winner, stressing that renewables are the future.

“We live in a world of seven billion people and it is estimated that global population will grow to nine billion by 2017; so we need cleaner energy in a more accessible way,” he said.

Pavia argued that renewable energy initiatives will direct future investments.

According to him, this explains why Shell, which has operated in Brazil for over 103 years, is investing heavily in ethanol fuel.

“The world needs all kinds of energy, as global population will not only grow in numbers, but also in social and economic needs, so it will be risky not to invest in renewable energy,” he added. In an apparent justification of Shell’s investment in the project in the face of the slump in oil prices, Paiva noted that the energy need of the world’s population of seven billion would continue to grow, thereby providing justification to investment in renewables.

“Shell has always invested in renewable energy because we live in a world where we have seven billion people and a good number needs more energy. The world will require all kinds of energy so that we meet the growing demand of the people who need energy,” he explained.

Six artists selected across the world, including Nigeria’s award-winning Yemi Alade; Brazil’s Luan Santana and British singer, dancer, actress and song writer, Pixie Lott, performed at the event to promote cleaner energy solutions.

Founder of Capture Mobility and Pakistanborn, Muneer said he was inspired to create the technology after experimenting with wind turbines at the Shell Eco-marathan in 2012.

“I discovered that there were strong wind forces at the side of the track where energy could be harnessed using turbines,” he added.

Brazil’s Drumond, who was behind Insolar, said the solution was tool to promote dialogue about how to reduce polarisation in the society.

A Chinese entrepreneur, Liu of MotionECO also spoke on his smart energy solution which is helping China to solve social problem created by waste cooking oil.

The global energy campaign has already changed Santa Marta, a community of 8,000 residents, which 15 years ago, was off the social grid. According to reports, crime was high as even electricity was stolen by residents, just by tapping electricity lines.

But the world’s third-largest oil company has promoted sustainable business ideas that brought the community into social prominence.

Shell’s “#makethefuture” campaign if vigorously pursued, will not only change the world but also clean up the corporate image of the company by eroding its harmful contribution to environmental pollution and global warming.

A

WEEKLY PULL-OUT

Professor Fidelis Oditah QC SAN

11.10.2016

‘NO EXCUSE FOR THE SHAMEFUL DESECRATION OF THE RULE OF LAW

BY THE DSS’

2/DASHBOARD

11.10.2016

Garnishee Proceedings: Judgment Debtor in Garnishee Proceedings Whether a Desirable Party PAGE 4

LCA Partners with WIPO to Promote Mediation in Resolving Disputes in Nigeria Entertainment Industry PAGE 5

Auta Says Lagos Division of FHC Will Be Uplifted As Number of Judges Rises to 80 PAGE 5

Group Protests Patience Jonathan’s Prosecution by EFCC PAGE 6

QUOTABLES 'It is madness for anybody in our position to be looking for money. I think if any Nigerian gets the chance to be President of the country, there is nothing he/she is looking for anymore, except that, while there, you improve the lot of the people.'

– Vice President, Professor Yemi Osinbajo SAN

‘Government is not encouraging the manufacturing sector in Nigeria at all. First of all, they must make sure that loans are readily available to manufacturers, and the interest rates should be lower.’

– Former NBA President, Dame Priscilla Kuye

‘Excellence in Legal Practice Comes Only Through Uncommon Passion’ PAGE 6

Endorsement Deals: All that Glitters is not Gold PAGE 7

Fusion of Legal and Fiscal Pathways Out of Economic Recession

COLUMNIST STEPHEN KOLA-BALOGUN Stephen Kola Balogun, is a vastly experienced Legal Practitioner who obtained his LL.B from University of Ife and LL.M from School of Oriental & African Studies, University of London. He has Post-Graduate Diplomas in Intellectual Property Law, Construction Law, Management and Arbitration. He has served in various capacities since his Call to the Nigerian Bar in 1982, including practicing at Akinjide & Co., and lecturing part-time at Oxbridge Tutorial College. He was the Honourable Commissioner for Youths, Sports and Special Needs, State of Osun, August, 2011 to November, 2014. He is currently the Principal Partner at Kola Balogun & Partners.

SKB, as he is fondly called, is accredited with several publications to his name, both International and Domestic.

PAGE 15

Can EFCC’s Existence Survive a Legal Challenge?

PAGE 16

ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR AKINWALE AKINTUDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

/3

The Nation’s Judiciary Under Siege

L

ike a bad dream, the Nigerian legal community woke up to the unpleasant news of the mass arrest of Judges and Justices across the country by masked security operatives, said to be men of the Directorate of State Services (DSS).

The swift 'sting' operation which took place between Friday night and the early hours of Saturday morning across the country, saw men of the DSS raid the residences of Supreme Court Justices and Federal High Court Judges, where the DSS claims that huge amounts of cash, both in Naira and foreign currencies, and sensitive documents were allegedly recovered.

THIS DAY LAWYER’s investigation revealed that this development may not be unconnected to the tussle in the nation’s apex court. There have been speculations for quite a while that, there were serious efforts to stop Honourable Justice Walter Onnoghen from becoming the next Chief Justice of Nigeria. Onnoghen occupies the number two position in the nation’s judiciary as the next most senior Justice of the Supreme Court. As is the usual practice, ascension to CJN is done by hierarchy. But Onnoghen is from the South-South part of the country. The core North are said to be uncomfortable with a CJN from any part of the south for now. That if Onnoghen is somehow rooted out, the next two Justices in line for CJN are from the North. Be that as it may, Onnoghen's recommendation for the position of CJN is be considered by the NJC this week.

It is a matter of record that the last Chief Justice of Nigeria from the South was Honourable Justice Ayo Irikefe, whose tenure was from 1985-1987 and for the past 29 years, no CJN has been appointed from the south-south or the south-west. This has been said to be the source of controversy at the apex court.

It was initially reported that Honourable Justice Onnoghen was also affected by the DSS exercise.

However, Ahuraka Isah, Media Aide to the CJN, later confirmed that Onnoghen was not among the arrested Justices. Naturally, anxiety and uneasiness were palpable in the Nigerian legal community over the weekend as the unsettling scenario played out. The NJC had also not helped matters by submitting three names instead of one, to the

National Assembly to replace the outgoing CJN. But former NBA President, Mr. J.B. Daudu SAN said that the list of three names forwarded to the National Assembly for screening for the office of CJN is not unusual, as the NJC had done it before, depending on the circumstances.

It was reported that two Supreme Court Justices, Honourable Justices Sylvester Ngwuta and Inyang Okoro, were arrested by the DSS operatives at their residences in Abuja. Likewise, the residence of a Judge of the Federal High Court, Abuja Division, Adeniyi Ademola was also raided and he was also arrested. Honourable Justice Nnamdi Dimgba also of the Federal High Court, Abuja, and Ademola's neighbour, was also affected, in that his home was also ransacked. Another Judge of the Federal High Court, Port Harcourt Division was not left out of the raiding and arresting spree, as his house was stormed by the DSS. Apparently, but for the timely intervention of the Rivers State Governor, Nyesom Wike, who was reportedly manhandled by the DSS operatives, he would also have been carted away unceremoniously like his colleagues. The DSS were frustrated by the intervention of Wike, claiming that he obstructed justice, by assisting the Judge (with the aid of thugs) to move $2 million cash, money which the DSS had had information was within the Judge's home.

A member of the National Judicial Council (NJC) said the arrests could be in relation to the Buhari administration’s fight against corruption, which according to him, is just being taken to the third arm of government, the Judiciary.

The DSS claims that the arrests were made as a result of various allegations of corruption and

"THIS IS A SERIOUS EMBARRASSMENT AND UTMOST HUMILIATION FOR THE NATION'S JUDICIARY AND A DANGEROUS SIGNAL THAT OUR DEMOCRACY COULD BE IMPERILLED"

misconduct levelled against the Judges. On further investigation, the Presidential Committee on Anti-Corruption claimed to have no knowledge of the goings-on.

The raids were carried out in Abuja, Sokoto, Port Harcourt, Kano, Enugu and Gombe (Honourable Justice Muazu Pindigi who served on the Electoral Tribunal in Rivers State) and the total number of Judges affected by the exercise could not be ascertained as at Saturday afternoon.

However, in a swift reaction, the President of the Nigerian Bar Association (NBA), Mr. A.B. Mahmoud SAN addressed the media on Saturday afternoon at the Eko Hotel and Suites, Victoria Island, Lagos.

The NBA President restated some of the facts of the arrest and said that he had been reliably informed that the raids are still ongoing and that it had become necessary for the NBA to as a matter of urgency to take a stand on the embarrassing situation. Mahmoud addressed the media in the company of former NBA Presidents, including Chief Wole Olanipekun SAN, Mr. J.B. Daudu SAN, Dr Olisa Agbakoba SAN and Mr. Augustine Alegeh SAN. Other senior lawyers and bar leaders present included Mallam Yusuf Ali SAN, Deacon Dele Adesina SAN, Dr. Konyin Ajayi SAN, Mr. Kemi Pinheiro SAN, NBA 2nd Vice President, Mr. Monday Ubani and the Executive Director of Administration of the NBA National Secretariat, Mrs. Ifueko Alufokhai.

Mahmoud said ‘we have watched with serious concern the unfolding situation in the country where senior judicial officers’ residences were raided last night and they were forcefully taken away in a brazen manner'.

‘This has never happened in this country and calls for concern'. The NBA opined that the DSS failed to follow due process in effecting the arrests of these Judges and Justices. Some senior lawyers feared that Nigeria is fast slipping into a Totalitarian State.

The NBA thereby resolved and stated in clear terms as follows:• That President Muhammadu Buhari should as a matter of urgency call the security agencies to order.

• That all the judges and justices so arrested should be released forthwith.

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com • We hereby declare a state of emergency in the Judiciary and the legal profession.

• If our demands are not met, it spells grave consequences for the nation.

• We hereby constitute a Crisis Response and Management Team comprising of all past presidents and general secretaries of the association, to continuously examine the situation as it unfolds and advice the association accordingly.

A Senior Advocate of Nigeria who preferred not to be named said ‘This is a serious embarrassment and utmost humiliation for the nation’s judiciary and a dangerous signal that our democracy could be imperiled'.

‘Why were these raids carried out at night?

Why couldn’t the judges have been invited to come to the DSS offices on their own? There appears to be a clear intention to humiliate, denigrate and rubbish the judiciary.’

That there are laid down procedures to be followed via the NJC in matters such as this.

However, those in support of Buhari's anticorruption crusade have welcomed this move

by DSS against the Judiciary, saying that it is unimaginable that Judges could be in possession of such huge sums of money in their homes.

They are calling for the prosecution of the Judges and Justices to the fullest extent of the law, to serve as an example and deterrent to others who may be treading the path of corruption.

They are of the opinion that the NJC is in the habit of giving erring Judges the easy way out, by simply removing/retiring them, instead of recommending them for criminal prosecution, if, indeed, a crime has actually been committed.

Supporters of the anti-corruption crusade say that Judges are not above the law. For instance, in May 2014, the FBI arrested a Puerto Rico Superior Court Judge, Manuel Acevedo Hernandez, on suspicion of accepting bribes to acquit a man who was charged in a fatal drunk driving case.

He was suspended pending the outcome of the investigation and placed under house arrest.

Similarly, nine Philadelphia Traffic Court Judges between 2008 and 2011 were arrested for various corruption charges. Some of them faced over 400 years prison time.

They say that in the event of the unlawful arrest or detention of any of the Judges, Section 35(6) of the 1999 Constitution protects the rights of such a person as it provides that “Any person who is unlawfully arrested or detained shall be entitled to compensation and a public apology from the appropriate authority or person, and in this subsection, “the appropriate authority or person” means an authority or person specified by law.” The question is whether a reputation that has been tarnished, as in the case of some of the Judges that may be innocent, can ever be restored?

It is imperative that due process must always be followed and the rule of law must always prevail. Apparently, in the case of Honourable Justice Dimgba, his house was ransacked, when infact, the DSS did not have a warrant to search his house. He was not arrested. But there were reports that his brother was assaulted by the DSS operatives. Is Nigeria becoming a Police State?

The actions of the DSS has affected the dignity of the Judiciary and may be likely to cause a loss of confidence in the Judiciary.

Additional Report by Jude Igbanoi

4/LAW REPORT

11.10.2016

Garnishee Proceedings: Judgment Debtor in Garnishee Proceedings Whether a Desirable Party

F

rom the classification of parties, it is effulgent that in garnishee proceedings, the judgment debtor who may be affected by the result of the proceedings is a desirable party. The wisdom of the law in stipulating that the order nisi be served on the judgment debtor is definitely not for idle purposes. It is not floccinaucinihilipilication. It is not worthless, neither is it valueless. It has to be emphasised that in the light of the clear provisions of Order VIII Rules 6 & 8 of the Judgment Enforcement Procedure Rules, which make provisions for “hearing the judgment creditor, the garnishee and the judgment debtor ...” in a situation where the garnishee either pays the judgment sum into court or disputes his liability; there is no justifiable legal basis for shutting out a judgment debtor from garnishee proceedings subsequent to service of order nisi or treating him as a stranger thereto, which evidently he is not; ...”

Per Ogakwu JCA The above was the holding of the Court of Appeal, per Ogunwumiju, J.C.A in the judgment delivered on 15th July 2015.

The 1st Respondent had sued the Appellant and two others jointly and severally, claiming that he consumed a bottle of Maltina Drink manufactured by the appellant, which contained a dead and slimy cockroach which resulted into the appellant suffering several ailments. The 1st respondent thus claimed damages in the sum of N3,000,000.00 (Three Million Naira) against the appellant. The trial court entered default judgment and awarded damages in favour of the 1st respondent.

Dissatisfied, the appellant filed an application for an order setting aside the judgment. The said application was, however, refused. Thereafter, the appellant filed an appeal against the order of court refusing to set aside the judgment. The appellant also filed an application for stay of execution of the judgment pending the determination of the appeal.

Subsequently, the 1st respondent instituted garnishee proceedings against the appellant and the 2nd respondent in which the appellant had accounts and a garnishee order nisi was made by the court. The appellant and 2nd respondent resisted the garnishee proceedings and filed affidavits to contest same. The appellant alleged that the 1st respondent had suppressed material facts such as the pendency of the appellant's appeal against the order refusing to set aside the judgment of the trial court, and the application for stay of execution. However, the trial court disregarded these depositions on the ground that the appellant was not a necessary party to the proceedings, and made the garnishee order absolute. Aggrieved, the appellant filed an appeal against the order absolute.

Counsel for the parties filed their respective briefs, wherein they raised certain issues for determination, one of which was whether the appellant was a necessary party to the proceedings. After hearing arguments of parties and reserving judgment, the Court of Appeal called for submissions from Amici Curiae, owing to the contentious nature of contemporary issues raised in the appeal and also directed counsel for the parties to file supplementary briefs on the following issues it formulated: “(1) Whether the application for stay of execution cannot be predicated upon an appeal against an order refusing to set aside a default judgment. (2) Whether in the circumstance of this case, the appellant is a necessary party to garnishee proceedings and if so, has he suffered any miscarriage of justice. (3) Whether the learned judge was right in holding that the existence of an application for stay of execution does not preclude a judgment creditor from seeking to use garnishee proceedings to enforce the judgment. (4) Whether the learned trial judge was right in holding that the garnishee proceedings in this case, is an independent action from the judgment sought to be enforced and failure to name the other parties to the judgment, does not invalidate the proceedings.

On the first issue, the appellant’s counsel argued that the judgment of the trial court was a default judgment in which the appellant was denied fair hearing. The 1st respondent, on the other hand, argued that an appeal against an order refusing to set aside a default judgment, not being one against the main judgment, was not competent for an application of stay of execution to be predicated upon.

H.M Ogunwumiju, JCA

In the Court of Appeal Benin Judicial Division Holden at Benin On Wednesday the 15th Day of july, 2016 Before Their Lordships Helen Moronkeji Ogunwumiju Hamma Akawu Barka Ugochukwu Anthony Ogakwu Justices, Court of Appeal CA/B/289/2009 Between Nigerian Breweries Plc .... Appellant And 1. Chief Worhi Dumuje 2. Zenith Bank Plc ....Respondents (Judgment Delivered by Helen Moronkeji Ogunwumiju, JCA)

On the second issue, it was argued by the appellant’s counsel that, the purpose of section 83(2) of the Sheriff and Civil Process Act (SCPA) which stipulates that an order nisi be served on the judgment debtor and garnishee, is to make both of them party to the garnishee proceedings, and the essence of a judgment creditor filing an affidavit against the grant of an order absolute, is to intimate the court on the true position of the matter in controversy. The appellant’s counsel submitted that, in the circumstance of this case, the appellant having filed an appeal as well as a motion for stay of execution, facts which the 1st respondent suppressed, is a necessary party to the proceedings.

Counsel to the respondent in his reply argued that, by virtue of section 83(2) the SCPA, it is only the garnishee that is required to appear before the court to show cause why he should not pay to the judgment creditor the debt or part of the debt due to him. The judgment debtor is not required by law to appear before the court to show cause, or do anything and in the absence of such requirement, he is not a necessary party to garnishee proceedings.

On the third issue, counsel for the appellant argued that a garnishee order absolute by the trial court, after a motion for stay of execution has been filed will foist a fait accompli on the court, which would over-reach the decision of the appellate court and render such decision nugatory. In response, counsel for the respondent

contended that an application for stay of execution does not preclude a judgment creditor from seeking to use garnishee proceedings to enforce the judgment.

He argued that garnishee proceedings being a special specie of execution of money judgments (debts), no motion for stay of judgment can stop the proceedings.

On the fourth issue, counsel for the appellant argued that the failure of the 1st respondent to include the name of the other judgment debtors, goes to the root of the case and affects the competence of the garnishee proceedings.Counsel for the 1st respondent argued that, the suit in which judgment sought to be enforced was delivered, is different from the garnishee proceedings from which the appeal emanated. He further argued that since a garnishee proceeding is an independent action between a judgment creditor and a third party called the garnishee, other parties to the judgment pronouncing the debt owed and due, which parties are not needed or relevant to the garnishee proceedings, need not be named in the garnishee proceedings.

After hearing arguments of counsel to the parties and the amici curiae, the Court of Appeal, in resolving the first issue opined that the procedure of either appealing against a judgment or filing an application seeking an order to set same aside, have essentially the same objective and a party dissatisfied with such judgment, has the prerogative to choose between the two. The court relying on Order II rule 14 of the Judgments Enforcement Rules, held that garnishee proceedings is just one of the ways of executing judgment. Since the effect of the success of an appeal against a judgment and an application to set aside the judgment are the same, then the contingency for stay of execution can be predicated on a pending appeal just as an application to set aside the judgment of a court or an appeal therefrom.

In its determination of the second issue, the Court of Appeal relied on the applicable Rules of court to hold that even in cases where the garnishee disputes liability, the court still has a duty to hear the judgment debtor, just like the judgment creditor before determining the liability of the garnishee to pay out the amount to the judgment creditor. The inclusion of the provision in the Rules for hearing the judgment debtor is contingent on the constitutional right of the judgment debtor to be heard in matters relating to determination of his rights.

In resolving the third issue, the Court of Appeal held that it is the duty of courts to ensure that its orders are not nugatory. Relying on Vaswani Trading Co. v.

Savalahk & Co. (1972) 12 SC 50, the Court held that where there is a notice of appeal and a motion for stay of execution in respect of the judgment sought to be enforced by garnishee proceedings, the court ought not to proceed with the garnishee proceedings. This is because where an application for stay of execution is pending and the judgment creditor by means of garnishee proceedings proceeds to enforce and recover the judgment sum, it definitely overreaches the pending application for stay of execution.

On the fourth issue, the Court of Appeal held that

by Sections 83, 109 of the SCPA and Orders VIII (4),(6) and (8) of the JER, the statutory parties to a garnishee proceedings, most importantly at the stage of making the order absolute, are the judgment creditor, the garnishee and the judgment debtor. The judgment creditor is only obliged to name the person he wishes to move against to recover the judgment debt, and in this case, the 1st respondent who is the judgment debtor in the original suit, decided to move against the manufacturer of the malt drink, who was the 1st Defendant and judgment debtor in the original suit and rightly so.

Having resolved issues 1, 2 and 3 in favour of the appellant, the Court of Appeal allowed the appeal and discharged the garnishee order nisi and garnishee order absolute.

Counsel: M. I. Osogbue (Mrs) with J. O. Ajah Esq. for the Appellant. I. Ovwighorienta Esq. for the 1st Respondent.

Dr Alex Iziyon, SAN; Dr Onyechi Ikpeazu, SAN; P.I.N. Ikwueto, SAN; Ken Mozia, SAN; Aham Eke-Ejelam, SAN; Dr Muiz Banire, SAN; Dr Olumide Ayeni; Dr Dapo Olanipekin as Amici Curiae.

Reported by Optimum Publishers Limited, Publishers of Nigerian Monthly Law Reports (NMLR)

11.10.2016

NEWS/5

L-R: Mr. Toibudeen Oduniyi of Justice Research Institute Ltd, Managing Director, Wema Bank Plc, Mr. Segun Oloketuyi, Lagos State Chief Judge, Hon. Justice Olufunmilayo Atilade, Hon. Justice Opeyemi Oke and Chief Registrar, Lagos High Court, Mr. Emmanuel Ogundare at the formal commissioning of the new archive and probate registry at the Lagos High Court, igbosere, recently

L-R: Associate General Counsel, Lagos Court of Arbitration (LCA), Mr. Tolu Obamuroh, Legal Officer, World Intellectual Property Organisation (WIPO), Mr. Leandro Toscano, Project Director, LCA, Mrs. Vivienne Edozie, Neutral WIPO, Arbitration and Mediation Centre, Mr. Ike Ehiribe and President, Directors' Guild of Nigeria, Mr. Fred Amata at the LCA/WIPO Mediation Conference for entertainment industry in Lagos Photos: ETOP UKUTT

Auta Says Lagos Division of FHC Will Be Uplifted As Number of Judges Rises to 80 Tobi Soniyi in Abuja The Chief Judge of the Federal High Court, Justice Ibrahim Auta has given an assurance that the Lagos Division of the Court, will get the facelift it deserves.

Speaking in Abuja while hosting the President of the Nigerian Bar Association, Abubakar Balarabe Mahmoud, during the court's new legal year ceremony, Auta said that he remained committed to carrying out the necessary renovations in the Lagos Division, but said that budget constraints had been the issue.

Auta said that as soon as the resources to carry out the work

is made to the available to the Court, he would swing into action.

"We can't afford to abandon the Lagos Division," he added.

To underscore the impact of inadequate budgetary allocation to the Court, Auta said that this year, legal year and annual Judges Conference should have been held in Port Harcourt, Rivers State.

He said: "Regretfully, however, the Court could not go ahead with that decision, because of lack of funds. We therefore, decided it was more economical for us to hold the ceremonies here at the Headquarters, thereby cutting costs."

He told the audience that in the legal year that just ended, thirty new judges were appointed for the Court, and they had all been posted to various Judicial Division, and are doing very well in their stations.

He said, "with the appointment of the Judges and the recent official opening of the Birnin-Kebbi Judicial Division, the Court now has divisions in all the states of Nigeria, with 80 serving Honourable Judges".

Auta set the tone for the conference by saying that this year's Judges conference could not have come at a better time, in view of the recent developments in the court and the need

to address the issues raised by either misrepresentation or misinterpretation or both.

He said: "The object of this conference therefore, is to critically discuss these and other issues, so that we can go ahead with our primary responsibilities untainted."

During the ceremony, the Judges rose in honour of their late brother, Justice Evoh Stephen Chukwu, who passed on in June, 2016.

The Judges, at the conference, appraised their activities for the year, identified challenges and proffered solutions in order to position the court for a more efficient justice delivery system.

LCA Partners with WIPO to Promote Mediation in Resolving Disputes in Nigeria Entertainment Industry Akinwale Akintunde In a move aimed at forestalling crippling the exponential growth and significant contributions of the Nigerian Entertainment Industry, by high rate of disputes, experts in alternate disputes resolutions and practitioners in the entertainment industry, gathered recently at the International Centre for Arbitration and ADR, Lekki Lagos, to explore options suited for the advancement of the industry.

Disputes peculiar to the entertainment industry may be related to production and co-production agreements, copyright related agreements, financing agreements, distribution agreements, broadcasting agreements, licenses, music agreements, merchandising agreements, artist and talent agreements, confidentiality and non-disclosure agreements, TV and other media formats, among others.

Although disputes in entertainment industry can be brought before the courts, however, litigation is not always well equipped to deal with the

particularities of this type of disputes, because the conflicts are often complex and require special legal expertise, as well as industry and market know how.

In his opening remark at the two day conference, with the theme 'LCA-WIPO Mediation Conference for Entertainment Disputes' organised by Lagos Court of Arbitration (LCA) in collaboration with World Intellectual Property Organisation (WIPO), the President of LCA, Mr. Yemi Candide-Johnson SAN explained that, the entertainment industry needs peculiar methods of dispute resolution that can resolve business or contractual issues, in a timely manner.

He stated that the collaboration with the international body in hosting the conference, with specific focus on the entertainment industry, is in furtherance of the LCA mission of promoting and raising awareness about Alternate Disputes Resolution (ADR) in the various sectors of the economy.

According to him, ADR offers efficient and cost

effective ways of resolving disputes arising from business and contractual issues in the entertainment industry. He stressed that, more investment would come into the industry, if investors are confident that issues can be promptly resolved without any waste of time.

The WIPO Legal Officer, Mr. Leandro Toscano, explained that the organization was motivated to collaborate with LCA, because of its reputation.

Providing insight on how mediation works in resolving business disputes, Partner, Sola Ajijola & Co, Mrs. Sola Adegbonmire told participants that mediation as a dispute resolution mechanism, makes use of third parties, otherwise called Mediators, to resolve disputes among parties.

She explained that, the process is owned by the disputants, with the Mediator assisting them to come to a workable solution. Mediation, she pointed out, is interest based, unlike litigation, which is position based.

According to Mrs. Adegbonmire, mediation is also voluntary and its process is

observed with the utmost confidentiality. The procedure also allows for caucus meetings, in which the Mediator sees each party in private, to ascertain the underlying interests, in order to help in resolving issues at the plenary session.

In his presentation at the conference, Mr. Atunyota Alleluya Akporobomerere, popularly known as Ali Baba, stated that whatever disputes being seen in the industry is a reflection of the background of operators in the industry.

He identified piracy, peer pressure and career failing, among other reasons for disputes in the entertainment industry, explaining that disputes will be minimal when operators in the industry embrace good artiste management, maturity and continuous improvement, through learning.

He urged operators in the industry, to always seek for more knowledge on how best things can done, and not to shy away from opportunity for self-improvement when they present themselves.

N80m Land Theft: Court Strikes Out Charge against Businesswoman, Others Akinwale Akintunde Justice Oluwatoyin Ipaye of the Ikeja High Court, struck out an N80 million land theft charge filed by the Economic and Financial Crimes Commission (EFCC) against business woman, Mrs. Moji Yakubu, and nine other persons.

The Judge ruled that the EFCC failed to prove that the transaction was a criminal act triable under the criminal law.

Mrs. Yakubu along with her company, Monan Trading Company Limited, and eight others were charged by EFCC for allegedly stealing 10 hectares of land at Sangotedo, Lekki, that belonged to one Joko Trade Estate Resources Limited.

Those charged along with her were Chief Muka Bajulaiye, Alhaja Ajimot Adisa, Alani Shirawu, Bajulaiye Hakeem, Akeem Giwa, Rachael Tokede, Adelaja Raji and Nuniru Mushafau.

The EFCC in an 11-count charge, had alleged that the accused persons forged several documents, to facilitate the alleged theft.

The accused persons pleaded not guilty to the charge, and were granted bail by the court.

During the trial, counsel to Mrs. Yakubu, Yemi Adeshina, filed an application before the court, seeking an order to quash the charges against his client on the ground that they were incompetent.

In the application, Adeshina contended amongst other things,that, the charge against his client was an abuse of court process, as his client has not committed any crime known to law.

The EFCC in a counter-motion however, insisted that there is sufficient evidence for the accused persons to stand trial.

Ruling on the application, Justice Ipaye upheld the submissions of the defence, and struck out the 11-count charges against all the accused persons.

The Judge ruled that from the proof of evidence before her, the EFCC failed to established a prima facie case against all the accused persons.

Justice Ipaye stated that, while it was not in dispute that the 1st accused person and her company purchased the said 10 hectares of land, the EFCC failed to provide

proof that the transaction was an criminal act triable under the criminal law.

The Judge said that from her perusal of the proof of evidence by the EFCC, the simple deduction is that there was a controversial sale of the land in question, by some persons who belong to the family that rightfully owns the land.

She noted that the counsel to the accused, had exhibited a petition against one Sade Ogundare, challenging her power of attorney over a large parcel of land, from which the 10 hectares of land was sold.

"From the quick perusal of the proof of evidence filed before me by the EFCC, my deduction is that there has been at best a controversial sale of land by some persons who belong to the family that owns the land.

This, I believe is an issue that falls within the jurisdiction of civil dispute."

"From the proof of evidence before me, the prosecution has failed to prove that there is sufficient ground for the trial to continue. The application filed by the 1st and 2nd defendants succeeds and the amended information dated March 14, 2016 is hereby quashed", the Judge noted.

Justice Ipaye had in the course of trial, reprimanded the EFCC prosecution team led by Babatunde Sonaiki for fraudulently obtaining a temporary forfeiture order from another Lagos High Court Judge, sealing the Monan Garden Estate development project which was ongoing at the disputed 10 hectares land.

Justice Ipaye who wondered why the EFCC would secure such an order from another court, while the matter is still before her, threatened to file a formal complaint against Mr. Sonaiki before the appropriate disciplinary authority.

In another incident during the trial, Justice Ipaye also berated the EFCC for freezing the bank account of Monan Trading without any court order.

She ordered that the freeze order placed on the Monan Trading bank account be lifted, as it was done without following due process

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11.10.2016

Group Protests Patience Jonathan’s Prosecution by EFCC Jude Igbanoi A coalition of civil society organisations, The Integrity Friends For Truth And Peace Initiative has come out in protest of what it calls the malicious prosecution of Nigeria’s former First Lady, Mrs. Patience Jonathan by the Economic and Financial Crimes Commission.

The group in a release said it had observed with dismay the posture of the EFCC in its purported anti-corruption fight which it said was ostensibly trial by the media of the former First Lady on cooked up allegations of corruption.

In the statement it said ‘The Integrity Group has and will continually support a genuine anticorruption war subject to the rule of law, equity and good conscience based on international best practices and standards.

‘Our findings show that Patience Jonathan as of right through the Court, claims monies in her personal account in the name Patience Jonathan which was initially in a card bearing account under Pluto Properties Ltd including monies belonging to her late mother in Trans Ocean Properties and Seagate Properties Limited respectively which totals a little below ten million

dollars all in Skye Bank which were opened by their former aide Mr. Waripamo Dudafa through these companies allegedly owned by him.

‘Whereas Patience Jonathan had filled all relevant document to harmonize all accounts to her personal name about two years ago with Skye Bank was debited from the three accounts to the tone of three hundred thousand Dollars for this purpose, yet for sinister reasons that Skye Bank is yet to substantiate, it failed to completely regularize the said details and also failed to inform Patience Jonathan of a subsequent EFCC caveat freezing the account.

‘For the records, no Nigerian under any Law including Patience Jonathan is under any obligation to explain how he/she made his/her money.

‘Thus no law in Nigeria limits the amount of money anybody should own. Also no law in Nigeria criminalizes the ownership of money no matter the amount involved.

‘That the cumulative value of the monies in the Skye Bank account that Mrs. Jonathan claims is less than ten million dollars (below $10 million).

The report credited to the EFCC that the monies were in excess of $30 million is completely false, malicious and misleading and this is deliberate.

The EFCC is challenged to provide public evidence

The protesters

of its claim of $31 million lodged in Skye Bank in the aforementioned company names.’

The case came up at the Federal High Court, Ikoyi Lagos last Friday and Justice Babs Kuewum dismissed an application by Waripamo-Owei Emmanuel Dudafa, an aide to former President Goodluck Jonathan and one of his co-accused in an alleged $15.5 million fraud, Amajuoyi Azubuike Briggs, seeking to reverse the plea

of guilty entered into by four firms who were charged with them.

Members of civil groups came out in large numbers at the court’s car park in peaceful protest of what the alleged as an act by the Commission to denigrate the person of the former First Lady of the Federation.

The case was adjourned to November 2, 2016 for further hearing.

Legal Personality of the Week Abubakar Damisa Sani

‘Excellence in Legal Practice Comes Only Through Uncommon Passion’ My names are Abubakar Damisa Sani. I was born on the 24th day of January 1966 in Zaria, to Dr. and Mrs. Habib Angulu Sani of Okene in Kogi State of Nigeria. Upon completion of my secondary education at Barewa College, Zaria, in 1981, I obtained my LL.B. from the University of Maiduguri in 1986 and was called to the Bar in1987. Thereafter, I have consistently been in private legal practice, mostly in Kano, but, since the past 8 years or so, also in Abuja, the FCT. Have you had any challenges in your career as a lawyer and if so what were the main challenges?

The usual ones for a counsel, who, though born into a comfortable middle class family, had to build his practice from scratch through hard work and divine providence. This accounted for one’s rather extended period of tutelage, until 1999, under senior colleagues, to whom I, nevertheless remain eternally grateful. In this regard, I must mention Senator Dangana Ocheja, Alh. M.B. Adoke, SAN (the immediate past Attorney- General of the Federation) and Mr. Stephen Ameh. Each of them has been a mentor, benefactor and brother.

What was your worst day as a lawyer?

My very first appearance before a court as a counsel, was sometime in November 1988. It remains indelible because, the Magistrate, before whom I appeared was in no mood to either understand or tolerate my obvious nervousness.

It was supposed to be a simple bail application but, I was, frankly, overcome by the pressure of the moment, and apparently smiled while making it, more at my own discomfiture than anything else. Things rapidly got out hand, and before I knew it, the Magistrate had ordered me out of the court. However, I’m happy to say that that was the worst, if not the only, such experience that I have had, because, I have since grown from strength to strength, without looking back.

What was your most memorable experience?

My most memorable experience as a lawyer?

There are two of them, actually: the first occurred sometime in Nov 2009, when the Court of Appeal, Abuja granted my oral application to restrain the former CBN Governor, Prof. Charles Soludo, from parading himself as a candidate in the Anambra State Governorship elections of 2010. It was so sensational that it was the lead story in every

10 of the African Charter on Human & Peoples Rights.

Abubakar Damisa Sani

electronic and print media for days. Kudos to my brother, the immediate past Attorney-General of the Federation, Alhaji M.B. Adoke, SAN, as aforesaid, for giving me that rare opportunity.

My second most memorable experience as a counsel (though not as publicised), occurred on the 8th day of May 2013, when Hon Justice Adeniyi Ademola of the Federal High Court, Abuja, gave judgement in my favour, in a public interest litigation which I personally filed against the President of Nigeria and the Minister of Education to challenge the constitutionality of the Students’ Union Activities (Control and Regulation) Act 1989. That law effectively delegitimised the National Association of Nigerian Students, as it restricted students of Nigerian universities and institutions of higher learning to their individual campuses in terms of students’ union activities.

In other words, it forbade them from having a central student union body, such as NANS. The court agreed with me that, the law violated the fundamental right of students to freedom of association guaranteed under Section 40 of the 1999 Constitution as well as Article

Who has been most influential in your life?

Apart from my parents and my said former bosses and benefactors, the most influential people in my life can be grouped into two: within the legal profession and beyond it. In the first category are the likes of Chief Rotimi Williams, Mr. Yemi Candide-Johnson, SAN, Professors Chidi Odinkalu, Epiphany Azinge, SAN, Deji Adekunle, SAN; Rtd. Supreme Court Justices Karibi-Whyte, Oputa, Bello, Nnamani, Okay Achike, Ogundare and Ayoola; and, from the Court of Appeal, Hon. Justice Olagunju (some are of blessed memory). Among those still on the Bench, I would mention Hon. Justice Mary Peter Odili, JSC, and Hon. Justices Patricia Mahmoud and Dije Aboki, both of the High Court of Kano State. There are others, but these are the ones that readily come to mind. All of them, without exception, are (or were) fair, firm, cerebral, scholarly, articulate and industrious. From outside the legal profession, I would count such intellectual giants as Drs. Hakeem Baba-Ahmed, Okey Ikechukwu, Oby Ezekwesili, Chidi Amuta, Adamu Adamu (the Hon. Minister of Education), Bala Muhammad of Bayero University, Kano, Prof. Kingsley Iloghalu and the Emir of Kano, HRH Muhammad Sanusi II (not necessarily in that order!).

Why did you become a lawyer?

I became a lawyer virtually by default, really, because law was the only profession available to an Arts student like me in final year at Barewa College, when I had to make that choice while filing the JAMB Form, through which I secured admission into the University.

What would your advice be to anyone wanting a career in law?

Three things: Passion, Passion, Passion.

He or she must have an uncommon passion for the legal profession, for excellence in its practice, particularly the intellectual aspect of legal practice. Such a person has to be self-driven and place personal, professional,

intellectual excellence over and beyond any concerns for financial reward. Such a mental attitude will ensure that the person is constantly seeking to discover the correct legal position in every situation or circumstance, both within his immediate environment and beyond, in his community, be it local, regional, national or globally.

Such a person must be willing to share freely, his or her views on the correct legal position of any issue, with both professional colleagues and laymen alike, so much so that he/she can volunteer legal opinions and write legal briefs or articles without any inducement or reward.

If you had not become a lawyer, what would you have chosen?

I wish I possessed musical talent, particularly the production part of it. I mean the sort possessed by musical geniuses like Quincy Jones, Nile Rodgers, Narada Michael Walden, Rob Mounsey, Hugh Pagham, Prince, Paul Hardcastle, Larry Blackmon, Timberland, Jimmy Jam, Terry Lewis and Fela in his heydays, in the 70s.

Where do you see yourself in ten years?

Hopefully, a SAN, even if an honorary one, as my learned senior colleague, Stephen Kola-Balogun, Esq., recently suggested! Definitely still doing ground-breaking legal work/research and sharing the results with others through the media, if not the courts; and trying to make a real difference, for good. This is because, we have far too many anomalies in our laws, in my view. This belief informed a series of public interest litigations which I personally initiated and funded, including the one about the freedom of association of Nigerian students referred to earlier. Regrettably, the vexed issue (in my opinion) of locus standi drove me from the judgment seat in most of them. The commendable attempt by Hon. Justice Kutigi, CJN (rtd), to remove this impediment, through the FREP Rules, 2009, was unfortunately annulled by the Federal High Court, Abuja, sometime in 2012. Hence, my dream would be to see the permanent abolition, through a constitutional amendment, of the requirement of locus standi from our public interest jurisprudence. When that happens, hopefully in the next 10 years and with my active participation, I would be finally fulfilled as a lawyer.

11.10.2016

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Endorsement Deals: All that Glitters is not Gold Yemisi Falaye and Olatokunbo Komolafe

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any organisations spend millions of dollars on endorsements and sponsorships, and the reason for this is not far-fetched. We see every day, that a large number of celebrities in industries, ranging from music to sports to food, are constantly being seen as brand ambassadors, of various products. This is not because these organisations have a lot of money to throw around, neither is it because there are no other ways to advertise these products.

The true reason lies in the fact that, consumers find advertisements and products endorsed by celebrities, more reliable, rather than that of non-celebrities. As such, Afsheen Khan and Samreen Lodhi were right to state that celebrity endorsed advertisements, influence most consumers’ purchase decisions.

The statistics in the examples below give credence to this fact: 1. Calvin Klein/Justin Bieber deal: There was a 15% increase in sales, and an additional 3.6 million followers on Calvin Klein’s Instagram page, shortly after the campaign launched.

2. Pepsi/Michael Jackson deal: Pepsi had sales of about $7.7 billion in 1984, when the first endorsement deal with Michael Jackson was signed, and an increase in their market share was recorded.

3. Vitamin Water/50 Cent deal: Vitamin Water recorded an increase of $600 million in sales, within two years (2005 to 2007).

4. Mecran/Toke Makinwa deal: Bringing it back to Nigeria, it was gathered that True Rebel Company recorded over a 100% increase in sales and brand awareness, after Toke Makinwa was engaged as a brand ambassador of the Mecran Cosmetics and Skin Lightening Beauty Set in February, 2016. Not only did this endorsement deal increase sales and profits, Toke Makinwa’s involvement also generated awareness on social media, for the product and the company.

This article seeks to explore endorsement deals as a whole, while highlighting the fine points to look out for in the process of negotiating one.

The Truth about Endorsement Deals Endorsement deals, are not only beneficial to the company or brand, the celebrities in turn are well compensated for their roles as brand ambassadors and spokespersons. The fees brandished about in endorsement deals range to as high as 200 million.

These deals are becoming a significant measure of achievement for most celebrities, as it is perceived that their worth is equal to the number of endorsement deals they have.

It is however important that one does not get carried away by the enticing idea of endorsement deals, as the major point should not only be about getting the deals, but also about negotiating the right kind of deals. Celebrities must ensure that regardless of the juicy promises made, the terms of the endorsement contract are properly understood, before signing the dotted line. This is because it is possible for two celebrities, to have two separate endorsement deals worth N20 million with the same company, but where one is smiling all the way to the bank, the other may be slaving away for it. The clear difference usually is that, where one might have the taken time (with the aid of a lawyer), to understand and negotiate the terms of the contract, the other did not.

Some of the crucial terms that a brand ambassador should look out for in an endorsement deal, are listed below: Understanding your Obligations and Duties: Many celebrities execute endorsement deals without properly understanding what the deal entails. It is important for a celebrity to be aware of his or her entire obligations, rights and duties, under any deal, and the converse responsibilities of the company or brand that he or she intends to represent. It is important for a brand ambassador to understand the worldview or principles of the brand he or she is endorsing. This is especially necessary in order to avoid instances where such deals are lost and the contract is terminated, on the basis of the celebrity’s conduct, which conflicts with the values of the brand.

Manny Pacquiao’s endorsement deal with Nike comes to mind, when talking about this. Pacquiao signed a multi-million-dollar deal with Nike, as a brand ambassador and spokesperson for Nike in 2011. Nike, has a long history of supporting and standing up for homosexuals as is evident from their Nike Lesbian, Gay, Bisexual, Transgender and Friends Employee Network. Nike is also known as a brand that stands for empowerment and does not discriminate amongst sexes, races, etc. Pacquiao made an anti-gay statement in 2016, where he described all homosexuals as, “worse than animals”. Nike frowned at statement, as it was totally in divergence with their brand. Following Pacquiao’s statement, Nike dropped him as a brand ambassador and he lost a lot of money because of this. Had Pacquiao and his team, from the get-go, taken the time to understand the basic principles and worldview of Nike as an organization and a brand, they would have realised earlier that, there was no product fit or

brand congruence amongst the two brands, as Pacquiao clearly stands against homosexuality.

Territory: The territory covered by the agreement and in effect, the endorsement is essential as it affects the actions of the celebrity outside of the territory. It is also essential because, it determines the eligibility of the celebrity to enter into a contract of a similar nature in another territory. As ‘boiler-plate’ as this clause may seem, it is quite important to pay attention to this clause, as being able to limit the scope of your coverage, will give you more room to negotiate similar deals in other territories. It is also necessary to understand the scope of this clause so as to negotiate payment better. In a situation where the territory of an endorsement deal covers the whole world, it is only expected that the fees or payment for this deal would be higher, when compared with where the scope is limited to a country or continent.

Term: This essentially refers to the duration of the contract.

As a celebrity and a representative, you want to ensure that the term being negotiated works for your brand. The duration to be negotiated would be dependent on the celebrity and the relevance of the brand to be represented. For instance, a class B or C celebrity being approached by a top brand, such as Apple, with a fairly good endorsement deal may want to negotiate a longer term, as such a deal would be advantageous to the celebrity, because of the relevance of Apple. Conversely, a class A celebrity being offered a deal with a less prominent brand, may want to negotiate a shorter term. This would allow the celebrity to quickly fulfill his or her obligations under this dea,l and allow negotiation of bigger deals, with other more relevant brands.

However, as a general rule, it is important to limit the duration of endorsement deals to as short a time as possible, in order to take advantage of other endorsement opportunities that may arise.

Consideration (fee/reward): Consideration for endorsement deals varies, as this is usually based on negotiation. The two major forms of consideration are fee-based consideration and percentage-based consideration. Neither form is better, as they are applied in different transactions based on the circumstances.

However, the major test for negotiating either form of consideration method, would be the amount of sales the celebrity anticipates for the product being endorsed. Where a celebrity anticipates that the said brand will make a considerably huge profit from sales, then it may be advisable to negotiate a percentage-based consideration or equity participation. Something similar was done in the 50 cents/Vitamin Water deal, where 50 cents undertook to receive a portion of the shares of the company and made a massive profit from his shares, when the company, Glaceau, was acquired by Coca-Cola.

As with every term, no particular route is better than the other, as the circumstances of each transaction will determine the best option to take. However, the more common form of consideration, is receiving a one-off payment or fee for such deals.

We must note, nevertheless, that there are a number of more creative ways to negotiate consideration, as seen in Beyonce’s deal with Pepsi where she was able to negotiate amongst other things, a sponsorship of her world tour by Pepsi.

Morals Clause: Morals clauses are one of the most heavily negotiated provisions in endorsement contracts. Such clauses, often give the company the ability to suspend or terminate the agreement, in the event that the celebrity commits an act that falls within the purview of the clause. This clause is usually defined as behavior that is criminal, scandalous or otherwise publicly

reprehensible. A morals clause is of crucial importance to the endorsing company, as it very often invests large sums of money to engage a celebrity to endorse the company’s products and services. In many cases, the company builds its advertising and marketing campaign around the celebrity, in order to associate their talents and achievements with their products and services.

In the words of John Mclellan, it should be of major concern to the company that its reputation and interests could be adversely affected by the acts (whether good or bad) of the celebrity. As such, the importance of the inclusion of this clause cannot be over-emphasised.

Interestingly, the inclusion of the moral clause in endorsement contracts, have since been held to be valid and enforceable.

However, we advise that the behaviour covered under this clause, be negotiated to be specific and limited to as few negative instances as possible, as this has been used in countless instances to terminate endorsement contracts abruptly, to the disadvantage of celebrities. One of such instances is when Kobe Bryant was accused of sexually assaulting a 19-year old hotel employee; he lost endorsements deals with Nutella and McDonald’s.

Rights of Publicity and Moral Rights: This is the clause that contains the protection or exclusion, of the moral rights of the celebrity. Moral rights refer to the rights of a creative artiste, to protect the integrity of their work. It is important that any clause purporting to waive the celebrity’s moral rights, be removed, as this will exclude the right of the celebrity to the integrity of their work. For instance, where a celebrity creates a song or jingle to accompany a brand’s commercial or advert, the waiver of moral rights would restrict such artiste from claiming authorship and protecting the integrity of such work. The rights of publicity on the other hand, refer to the rights of a celebrity to protect the unauthorized usage of his or her image or likeness.

Seeing as celebrities have accrued sufficient commercial value in their identity, it is important that their right to publicity is particularly negotiated in these deals. It is advisable that the scope of the company’s right to publicity is restricted, as no celebrity wants a diluted brand. A great example, is seen in Beyonce’s endorsement deal with Pepsi, where she restricted the scope of the use of her image to limited edition Pepsi soda cans.

Noting Conditions and Caveats: This is a very important clause and it is also very easy to miss, even though it appears obvious enough. Who would think that anyone signing an endorsement deal, would not read the conditions, caveats and prohibitions of the same? The sad truth is that, it is in these conditions that companies include various terms that may be onerous to the celebrities, making the endorsement money lose all its lustre. A Nigerian example, occurred in the telecommunication industry, where signing contracts prevented artists from performing at their friends’ concerts, because they were signed to competing service providers. In October 2013, Basketmouth, a Glo Ambassador had been contracted to host the Nollywood Movies Awards. However, he was unable to do so because he realized at the venue that Etisalat was one of the sponsors of the event. Apart from the loss of credibility that this would have caused to Basketmouth’s image, the event planners would have also had to go through a lot of hassle to engage a new person to host the show.

Termination Clause: The importance of this clause goes without

CONTINUED ON PAGE 13

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11.10.2016

‘No Excuse for the Shameful Desecration of the Rule of Law by the DSS’ Few Nigerian lawyers, have over the years, distinguished themselves in other jurisdictions, especially the United Kingdom. Professor Fidelis Oditah QC SAN is one of such. In a chat with Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi, he gives a legal perspective on the raid of the Judges by the DSS, and the ongoing debate over the proposed sale of the nation’s assets, which he supports with a caveat.

He also spoke on a wide range of national and professional issues and compares legal practice in the UK and Nigeria, jurisdictions both of which he practices in.

Professor Fidelis Oditah QC SAN PHOTOS: Sunday Adigun

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hat is your view on the Dawn Raid of some of the Federal High Court and Supreme Court Judges by the DSS today?

Like most Nigerians I woke up with that breaking news.

I felt very sad because, the commando style arrests and attempted abduction of serving judicial officers are entirely misguided, represent a further misadventure in our democratic journey, and threaten to return the country to its recent dark days. The manner of the arrests and attempted abduction represents the height of impunity and breakdown of law and order. In all circumstances, the rule of law must prevail. There can be no excuse for the shameful desecration of the rule of law by the DSS. We cannot condone such jungle justice under any pretext and I fear that the misguided actions of the DSS have done more harm than good, to the fight against corruption. The DSS is seeking to return us to the rule of force, but that can only presage a breakdown of law and order. Whatever the alleged crimes are, there must be due process. Was any of the Judges invited for interrogation and refused? Are public officers suspected of crimes arrested by the DSS in such commando style? We must strengthen our institutions rather than weaken them. The actions of the DSS show how very weak our institutions are, and how they can be manipulated and misused for ulterior purposes. We need strong and independent institutions, not strong Presidents or DSS Directors. Our judiciary cannot

be intimidated or cowed. We must expose and condemn abuse of power, whoever the abuser or the abused is.

To be clear, Judges like all of us, are subject to the rule of law, including the criminal law of Nigeria. If they commit offences, they should be investigated and prosecuted like any other citizen. And, if found guilty, should be sentenced like any other citizen. The judicial office cannot be used to cloak corruption or any other crime. Judges should be

"THE MANNER OF THE ARRESTS AND ATTEMPTED ABDUCTION REPRESENTS THE HEIGHT OF IMPUNITY AND BREAKDOWN OF LAW AND ORDER. IN ALL CIRCUMSTANCES, THE RULE OF LAW MUST PREVAIL. THERE CAN BE NO EXCUSE FOR THE SHAMEFUL DESECRATION OF THE RULE OF LAW BY THE DSS. WE CANNOT CONDONE SUCH JUNGLE JUSTICE UNDER ANY PRETEXT AND I FEAR THAT THE MISGUIDED ACTIONS OF THE DSS HAVE DONE MORE HARM THAN GOOD, TO THE FIGHT AGAINST CORRUPTION"

paragons of virtue, not petty or serious criminals abusing and desecrating their judicial oaths. There are known instances in the United States and other countries, of Judges being imprisoned for corruption after they were investigated, prosecuted and convicted, following due process. We should do the same in Nigeria and cleanse our judiciary of the criminals amongst them masquerading as Judges and abusing their judicial powers. So far, the National Judicial Council (NJC) has shown little appetite to prosecute erring Judges, preferring to retire or dismiss those found guilty and in some cases with full benefit. Such decisions do not serve the public interest, and must be corrected. We expect the NJC to recommend criminal Judges for prosecution, otherwise it risks undermining public confidence in the judicial system and in the NJC1s ability to discipline erring Judges.

Finally, as we condemn the show of shame by the DSS, we must not lose sight of the fact that judicial corruption has become the bane of the Nigerian justice system. Many Judges are corrupt and corruption takes a variety of forms.

What is common to judicial corruption in all its forms, is that the case is thrown and justice is miscarried. Because of the general fall in the standard of our Judges and adjudication, it is often difficult to tell where incompetence ends and corruption begins. But given that there should be no room for incompetence or corruption, we call on the NJC to be more proactive in disciplining incompetent or corrupt judges, while we commend and eulogise the thousands of honest Judges doing their best for the country, under the most challenging circumstances created by executive and legislative corruption.

Learned QC SAN are there any constitutional provi-

11.10.2016 "TO BE CLEAR, JUDGES LIKE ALL OF US, ARE SUBJECT TO THE RULE OF LAW, INCLUDING THE CRIMINAL LAW OF NIGERIA. IF THEY COMMIT OFFENCES, THEY SHOULD BE INVESTIGATED AND PROSECUTED LIKE ANY OTHER CITIZEN. AND, IF FOUND GUILTY, SHOULD BE SENTENCED LIKE ANY OTHER CITIZEN" sions and other laws that allow for the sale of Nigeria national assets by the Federal Government? If so, do they stipulate any conditions for such sales?

Inherent in the concept of ownership is the power and ability to dispose of the bundle of rights constituting the ownership, unless there is a prohibition against alienation or disposal. Indeed one of the features of ownership of an asset which is inherent in everything capable of being the subject of ownership is the power of disposal. There is therefore no need to search for a statutory or constitutional power to dispose of an asset owned by Nigeria. Like any other owner, Nigeria as the owner of an asset has inherent power to dispose of its assets unless there is an express or implied prohibition against disposal. And Nigeria’s dispositive power is generally exercisable by the executive arm of the government. There can be no doubt therefore that Nigeria has the power to dispose of its assets.

In addition, there are a number of statutory provisions which make express provisions for the disposal of assets by identified functionaries of the government. Two examples are, first, the Petroleum Act 1969, gives the Minister of Petroleum power to grant oil exploration licences, oil prospecting licences and oil mining leases - all species of asset disposal and, second, the Public Enterprises (Privatisation and Commercialisation) Act 1998 which lists specified public enterprises for partial or total divestiture and gave power to add to the list by a publication in the Gazette.

Under section 16(1) of the Nigerian Constitution, the Government is mandated to harness the resources of the nation and promote national prosperity and an efficient, dynamic and self-reliant economy. Section 16(2) requires the government to harness and distribute the material resources of the nation for as best as possible, to serve the common good. How can this objective be attained if there is no power of disposal of national assets?

The power of disposal of assets owned by Nigeria is exercised routinely. We concessioned our ports and are about to concession our airports. The Federal Government disposed of many of its landed properties in many parts of Nigeria. This Day newspaper of 4 October 2016 carried an advertisement of the proposed sale of two aircrafts from the Presidential fleet. That is a proposed disposal.

There is no distinction for this purpose between strategic and non-strategic assets. The executive power to dispose is constrained by the well known public law principles that the power of disposal must be exercised for proper purpose, in good faith, for the purpose of raising revenue or stopping waste or some other identified public benefit.

In addition, the Public Procurement Act lays down procedures and safeguards for the disposal of national assets, eg sections 55 and 56, eg that: (i) the primary source of receiving offers for the purchase of any Government asset shall be via an open competitive bidding, (ii) a valuation report must be prepared for the property by an independent valuer, (iii) the disposal of assets shall be planned and integrated into the income and expenditure budget projection of Government, and (iv) the timing of the disposal of the assets shall take place when the most advantageous returns can be obtained for the asset in order to maximise revenue accruing to government.

If the sale process is transparent, full value is achieved for the national coffers and the sale proceeds are invested in critical infrastructure. Asset sales should be encouraged.

A sale in such circumstances would make Nigeria’s balance sheet more liquid and enhance the value of Nigeria. Past experiences do not suggest that Nigeria has the political will to achieve these objectives.

The Senate seems to be against the sale of national assets. What is your opinion?

I am aware that on Wednesday, 28 September 2016, the Minister of Information stated that the Government was yet to make a decision on this matter and that reports suggesting an imminent sale were mere speculations. Be that as it may, as I had previously noted, the decision on whether or not to sell national assets is a purely commercial and economic one for the executive arm of the government.

The Senate has no power to direct the executive arm of the government not to sell any asset. The functions of the Senate are spelt out in the Constitution. They do not include the power to pass resolutions directing the Executive on how to exercise executive powers of the Federation that is vested in the President.

What is the impact of the Senate saying that the national assets should not be sold? Does the Constitution allow the Federal Government to by-pass the Senate and go ahead with the sale? Can you comment on the Senate’s 20 point agenda to reflate the economy?

The resolution of the Senate is just what it is – a resolution! It is at best advisory. As I have stated in the previous question, a resolution is not a law. There are procedures for

COVER/9 making laws. The Senate can pass a Bill seeking to place restrictions on the power to dispose of assets and hope that the House of Representatives will pass the same Bill and that the President will assent to same. When these procedures are followed, a valid law will be in place restricting sale of national assets. But simply passing a resolution directing that the assets be not sold, is futile.

The Senate 20 point agenda – which added 13 to the late President Yar’Adua’s 7 point agenda is entirely advisory.

In these challenging times, any useful advice is welcome.

To the extent that the Executive arm of Government sees merit in some of the Senate's 20 point agenda, it will adopt and implement them. Nothing more, nothing less.

I think there are some good recommendations in the Senate’s 20-point agenda and no doubt the President and his cabinet would have found some of them useful, although most of the recommendations are matters of common sense.

The devil is in the implementation. Nigeria has found it difficult to implement even the most basic reforms partly because of corruption, partly because of conflict of interest, partly because of an inefficient, corrupt and almost illiterate public service.

Is there a constitutional provision for Nigerians to have a referendum to decide for or against the sale of national assets (as in the case of Brexit or Bremain)?

Or will it be a case of the Federal Government thrusting its decision on Nigerians, whether they want it or not?

The 1999 Constitution does not provide Nigerian citizens with the right to have or request a referendum to decide whether or not Government should sell national assets. In fact there is no constitutional provision for deciding national issues through a referendum. Nigeria’s representative democracy is built on the overarching premise that its citizens exercise control over the executive through the ballot box and over the legislature through the ballot box and the power of recall, not the referendum.

Some Nigerians (including trade unions, who have threatened to go on strike) are dead set against the sale of national assets, arguing that nothing good has ever come out of those sales. That Nigerians have never benefited. That past governments have simply sold such assets to their friends and cronies at ridiculously cheap, under-value prices, and this new exercise would be no different. Others argue that if the Federal Government alienates all the country’s assets, our children will not have much to benefit from in the future. What is your opinion? Do you think that the concerns of the opposers to the sale of national assets are germane?

I believe the debate has become somewhat confused.

Transparency, full value and judicious use of the sale proceeds are my guiding principles for the disposal of assets. If we

"THE ACTIONS OF THE DSS SHOW HOW VERY WEAK OUR INSTITUTIONS ARE, AND HOW THEY CAN BE MANIPULATED AND MISUSED FOR ULTERIOR PURPOSES. WE NEED STRONG AND INDEPENDENT INSTITUTIONS, NOT STRONG PRESIDENTS OR DSS DIRECTORS. OUR JUDICIARY CANNOT BE INTIMIDATED OR COWED. WE MUST EXPOSE AND CONDEMN ABUSE OF POWER, WHOEVER THE ABUSER OR THE ABUSED IS"

can get a few billion dollars from the asset sales to invest in our infrastructure, I would be all for the sale. Sadly, there is every reason to be apprehensive whether these objectives can be achieved. Some asset sales have been very successful, eg telecom licences in early 2001. But in some cases, corruption took over the sale process and many people who have no two brown pennies to rub together, acquired ownership of national assets without the technical or financial capacity to own or operate such assets. A good recent example is the privatisation of NEPA where a number of “investors” borrowed both equity and debt to fund acquisition, leaving the acquired DISCOs overburdened by debt and no source of fresh investment.

Taking into consideration, the reservations of Nigerians in respect of the sale of national assets, do you think that there is a better method that the Federal Government can adopt in its sales technique, to ensure that the goals of the sales are achieved and maximum revenue is derived from same? How will Nigerians benefit from the sales?

If there is integrity in the disposal process, it is transparent, full value is obtained for the assets and the proceeds are put to infrastructural development then I am all for asset sale. You use what you have to get what you need. That is what everyone of does. Nigeria can be no exception.

Besides, leaving the assets in public ownership encourages rent-seeking and other forms of corruption and waste. The public fear, which is well founded, is that the sales would be affected by monumental corruption and what belongs to all of us will end up for little or nothing, in the portfolios of private individuals. The Nigeria Liquefied Natural Gas Company Limited (NLNG) is not a good candidate for disposal, because it is not a burden to the Government and appears to be professionally managed and generates reliable revenues.

As you are aware, the State Governments go to the Federal Government regularly, for ‘bail outs’, even to pay their workers. Recently, it was reported that a further reduction in the Federal Government’s dwindling revenue, is imminent, as NNPC intends to use Royalties (part of which were probably being given to the Federal Government) to fund Joint Ventures. Obviously, this may result in less bailout funds for the States. Do you think that this system of 36 States plus FCT is viable and sustainable in the long term, seeing that most of the States in Nigeria do not seem to be able to generate any funds to maintain themselves?

Both in the short and long terms, the kind of federalism we practice in Nigeria whereby the Federal Government plays a paternalistic role by offering monthly handouts to the states is highly problematic. It is plainly is unviable and unsustainable. But there are several aspects of the problem.

The first is the vesting of all natural resources in the Federal Government by section 43 of the 1999 Constitution. This is a recipe for disaster. It creates too strong a central government and impoverishes the states. Every state cannot generate IGR like Lagos where almost 60 of all economic activities in Nigeria takes place. Many state governments are lazy, clueless and simply have no agenda to improve the lives of their people, but the root cause of the problem is the dysfunctional constructional structure, which vests all the natural resources in the Federal Government and returns a little back to the states through derivation and other sharing principles. The solution is to go back to the 1963 Constitution of Nigeria where we had genuine devotion of political and economic power to the regions. In other words, we need fiscal federalism and not the lip service of the 1999 Constitution. Vest resources in the states and make them contribute an agreed percentage to the Federal Government to run those services that are best provided centrally. That is not rocket science; it is common sense.

But will it be implemented? Probably not. Turkeys are not known to vote for Christmas! The allure and sucre of Federal power and the capacity for graft that it promotes, are so strong that politicians are unlikely to find the political will for such obviously beneficial reform. In the absence of fiscal discipline, we are likely to continue to have the problem of paucity of funds even where States are allowed to manage their resources. The bailout of States by the Federal Government is thus a short-term measure and is neither viable nor unsustainable.

The ECOWAS Court has ruled that the continuous detention of Colonel Sambo Dasuki (Rtd), the former National Security Adviser, is unlawful. Can you comment on this?

As a Nigerian, I am outraged by the scale and manner of dissipation of scarce resources by Dasuki as the National Security Adviser. It was shameful and disgraceful that a national security adviser should waste public resources in financing a political party. It was most irresponsible and he should be punished for his shameful role. However, that punishment has to come from the courts following due process. It cannot be from the executive. Our Constitution does not give the executive arm of the government the power to punish any Nigerian for any alleged crime. Dasuki’s detention after he was granted and met the bail conditions imposed by the Nigerian court, is plainly unlawful and a gross violation of his rights and of the Constitution. Nigeria does not belong to anyone – not to Dasuki, not to Buhari, not the DSS. Every power which every government functionary exercises in Nigeria is derived from law, not from force.

The rule of law is sacrosanct. The executive arm of the government cannot cherry-pick which laws to observe. It

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10/IMAGES

11.10.2016

The Lagos State Judiciary commenced its New Legal Year for 2016/2017 on September 26 with major activities to mark the new year. Some of the activities included Church and Mosque services, a visit to the Ikoyi Prison, Bar and Bench Forum, a Stakeholders Summit on Mental Health Issues and a Dinner at the Banquet Hall of the Nigerian Law School, Victoria Island. Here some of the personalities at the week long celebration.

Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade and other judges of the Lagos State Judiciary cutting the New Legal Year Cake

L-R: Bishop Pelu Johnson, Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade, Lagos State Governor, Mr. Akinwunmi Ambode, Anglican Bishop of Lagos, Most Reverend Adebola Ademowo and another Bishop

Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade with Senior Advocates of Nigeria after the Church immediately after service to mark the beginning of the Legal Year 2016-2017

Lagos State High Court Judges and Imams immediately after the Mosque Service to mark the beginning of the Legal Year 2016-2017

Cross-section of SANs during the Church service held at the Cathedral Church of Christ, Marina, Lagos

Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atiladewith Judges and Magistrates at the High Court

Cross-section of Magistrates during the Church Service

L-R: Mr. Emeka Ngige SAN, Editor, THISDAY LAWYER, Mrs. Onikepo Braithwaite and Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade

L-R: Hon. Justices Onyeabo, Ipaye, Candide-Johnson, Kasali, NicolClay and Coker

Cross-section of lawyers during the Church Service

11.10.2016

IMAGES/11

L-R: Former Lagos State Chief Judge, Hon. Justice Ayo Phillips, Former Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem and Admin Judge Lagos, Hon. Justice Opeyemi Oke

L-R: Ms Funke Aboyade SAN, Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade and Hon. Justice Aisha Opesanwo at the Law Dinner to mark the beginning of the Legal Year 2016-2017

Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade with Hon. Justice Tunde Oshodi (seated on the right, a member of the 2016-2017 Legal Year Committee) and newly appointed Judges

Former Lagos State Commissioner for Health, Dr Leke Pitan and Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade

L-R: Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade, Hon. Justices Nicol-Clay, Onyeabo and Idowu at the dinner

L-R: Admin Judge Lagos, Hon. Justice Opeyemi Oke, Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade and and Dr. Femi Olugbile at the Legal Year Stakeholders Summit on Mental Health Issues and the Law

L-R: Admin Judge Lagos, Hon. Justice Opeyemi Oke, Lagos State Chief Judge, Hon. Justice Justice Oluwafunmilayo Atilade and Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem

L-R in front: Hon. Justice Bukola Adebiyi and Hon. Oke Lawal. L-R behind: Hon. Justices Bashua, Animahun and Dawodu at the Bar & Bench Forum

L-R: Hon. Justice Ganiu Safari, Hon. Justice Afis Dabiri and Hon. Justice Kudirat Jose

Director of Public Prosecutions, Lagos State, Mrs. Idowu Akerele at the Bar and Bench Forum

Cross-section of lawyers at the Bar and Bench Forum

12/COVER

11.10.2016

‘NO EXCUSE FOR THE SHAMEFUL DESECRATION OF THE RULE OF LAW BY THE DSS’ has no such choice. Dasuki’s continuous detention cannot be justified on the basis that he is a security risk or that he is being detained for his own protection. That is utterly disingenuous. Whether or not he is a security risk is or needs to be detained for his protection is for the court to consider and take into account, in deciding whether to grant him bail and if so, on what terms.

And having taken these considerations into account and decided to grant him conditional bail, it is childish, disrespectful and wrong for the DSS to continue to detain him. He must be released immediately.

Do you think that the Code of Conduct Tribunal and the Prosecutors, have been performing within the ambit of the Code of Conduct Act, in the handling of some of the recent high profile cases?

I believe the CCT and the prosecutors have been acting within the ambit of the existing law in handling some of the recent high profile cases. The problem is not with the CCT; it is with the high profile individuals who have a feeling of entitlement and see themselves as being above the law. It is an arrogant mental state that needs to be disabused. Another aspect of the problem is the misuse of legal procedures by senior lawyers in shielding their clients from prosecution. It is a wrong and ignoble role for the lawyers and they should be sanctioned. In every legal system, if you are accused of a crime or other wrongdoing, you are entitled to your day in court for the prosecution to prove its case. In Nigeria, senior lawyers promise their client that they will frustrate the prosecution and filibust and they misuse every available legal procedure to achieve their ignoble ends, and in the process bring the profession into disrepute and erode public confidence in our legal system. In this way, both the senior lawyers and their clients act with impunity – one to commit a crime, the other to shield the accused from prosecution.

That is truly disgraceful as they give the impression (which can no longer be regarded as wrong) that Nigeria cannot enforce its laws and has outsourced the enforcement of its criminal laws to foreign prosecuting authorities. Or that there is one law for the rich and another for the poor.

You have had the benefit of practicing in the UK and in Nigeria. How will you compare both? What really distinguishes legal practice in the UK from practice in Nigeria with particular reference to civil procedure?

The differences are like night and day and probably worse than comparing chalk and cheese. The UK courts are probably the most efficient and dependable in the world.

Over 75% of the cases litigated in the UK Commercial Court have no connection with the UK. Neither party is a national of or resident in the UK. They are foreign parties who have chosen English law and English courts to resolve their disputes because of the ubiquity of English law. The court staff including masters, registrars and judges are courteous skilled and efficient professionals that provide high quality public service. For similar reasons, London is the global centre for international arbitration. The availability of experts, the existence of arbitral infrastructure and a very knowledgeable and supportive court system. In short, the court is administered as a high quality professional public service. As small as England is, four out of the top ten global law firms are English law firms – providing legal services to clients the world over and generating over £40 billion annually from the provision of legal services.

You can imagine the significant contribution that the provision of legal services makes to the UK GDP. UK regulators and courts are facilitative.

In Nigeria, in contrast, the court system is administered as a bureaucratic, incompetent and highly inefficient public service where judicial staff – registrars and judges treat litigants as if they are doing them a favour.

The system for listing cases is chaotic, too many cases are listed, routine applications that should be dealt with by registrars, come before the judges, very few judges read case files before sitting, very few are prepared to give bench rulings on disputed interlocutory issues, adjournments are the order of the day, there is a very weak exercise of case management powers, the appellate courts provide insufficient support to the High Courts especially in respect of case management

interlocutory decisions, there is no effective or meaningful cost regime, there is no sifting system for appeals. Every flimsy issue can be pushed all the way from the High Court to the Supreme Court, provided a question of law can be formulated. The court registries simply do not do their work efficiently or at all – this too is a function of management and I must note the improvements in the administration of the Lagos Division of the Court of Appeal. Because of an incompetent court registry, judges perform registry functions in open court. It is not unusual to go to the Supreme Court and the Judges will be asking when did you file this or when did you file that, or hear applications to file processes out of time. With all due respect, those are registry functions, not for the Judges in open court. When you have not seen how other systems work, you won’t find anything wrong with judges performing registry functions in open court. It is impossible to see this in the UK or the US, for example.

In the UK, a few days to the hearing of an appeal, the Barristers clerks attend the registry to ensure that all the papers are in apple pie order. In Nigeria, there is a litany of problems. Underlying the dysfunctional court system are the same factors that underlie our dysfunctional public service – indiscipline, incompetence, inefficiency, corruption and weak administration. It appears that we simply cannot administer or run any public service efficiently in this country. If we cannot run our public utilities or schools or civil service efficiently, why should we be able to run an efficient court system? Lawyers are hampered from providing efficient and world class services by an impossible court and public service, that are rooted in the distant past and stifle innovation and impedes everything rather than being innovative and facilitative. For example, we have had to abandon two large transactions this year, because we were impeded by regulators in Nigeria and consequently lost the significant revenues that would have accrued from both transactions. The cost of our incompetent system is huge, and we are not doing much to address the problems. How can there not be youth unemployment if virtually illiterate public servants and regulators frustrate the most innovative transactions? If the deals I am talking about were in the UK, we would have done and completed both transactions.

Does it mean that the Nigerian regulators truly know more than the UK regulators?

We must tell ourselves a few home truths.

You are a well known access to justice enthusiast, and the Nigerian justice delivery system has been adjudged as one of the slowest in the world. What, in your view, is the panacea to this worrisome problem of wanton delays in the system? What measures can be taken to improve the system?

We need more efficiently administered court system, competent judges must be recruited across all levels of decision making, proper costs orders must be made, and the appellate system needs to be streamlined. Let me give you an example of the problem we have in this country. A judge grants an accused person bail. The Judge does not sign the bail order before he travels for Judges conference.

The bail cannot be processed because the registry staff say there is no signed and sealed court order. The Judge is away for over a week. The accused person languishes in jail for an additional 10 days because of this silly issue. In most sensible places, the court staff will process the bail application on the basis of the manuscript order read by the Judge in open court. Another example.

I go to court in July to argue a case. The Judge says he is no longer taking contentious cases because of the looming vacation. He gives me a date in September. I turn up in September and I am told the Judge is away for Judges conference. To my mind that is a most incompetent way to administer any public service. How can the court not know in July the date for the annual Judges conference in September – 6 weeks away? In over 20 years of high end legal practice in England, I have never heard of a Judge refusing to hear a contested application because the vacation is looming! Why can’t the Judges have the conference during the court vacation? How many weeks vacation do other public servants get annually? We have truly set the bar for performance of public service in this country, self indulgently and self destructively too

CONTINUED FROM PAGE 9

low. We run a court system that will spare the court users no inconvenience.

Our courts were not always this incompetent or inefficient. We have entrenched mediocrity everywhere and sacrificed merit. No system can make progress in that way. You must put your best people in positions of authority.

Sadly there are very many mediocre people occupying very senior and powerful positions, in all aspects of our public service and dumbing down on all of us. While other countries are aspiring to reach the top in public service delivery, we appear to be engaged in a race to the bottom. You cannot put something on nothing and expect it to stand!

Another example of how we have lost our way, is how the courts exercise the power to award costs. Costs are supposed to help the victorious litigant to recoup his expenditure in prosecuting or defending a case. Its assessment, requires the victorious person to file evidence of costs incurred.

The assessment could be detailed or a summary. But the object remains the same. In the 1970s and 1980s our courts awarded proper costs. In some instances, costs of more than £200,000 were awarded in Nigeria. In one case, I saw costs of £435,000. In today’s money, that would be costs of between N120 and N250 million. Would a Nigerian court ever award such costs today? Very unlikely.

But such costs are awarded routinely by arbitral tribunals seated in Nigeria and are enforced by the courts as part of the award.

It is not unusual for the Supreme Court to award N100,000 at the end of a case that has taken over 15 years to prosecute from the High Court to the Supreme Court. Today, N100,000 is $200. Is it conceivable that anyone can conduct a case in this country in the High Court for such paltry amount? Is the N100,000 the filing fees paid or the cost of compiling records of appeal or the cost of flying to Abuja? What about the legal fees?

Is there any appeal that can be prosecuted or defended by any lawyer for N100,000? In short, what does the court think it is doing by awarding such ridiculously low amounts as costs? Until and unless the courts begin to award proper costs, they cannot give litigants any incentive to use the courts efficiently or to settle unmeritorious cases. The abuse of

"THE SENATE HAS NO POWER TO DIRECT THE EXECUTIVE ARM OF THE GOVERNMENT NOT TO SELL ANY ASSET. THE FUNCTIONS OF THE SENATE ARE SPELT OUT IN THE CONSTITUTION. THEY DO NOT INCLUDE THE POWER TO PASS RESOLUTIONS DIRECTING THE EXECUTIVE ON HOW TO EXERCISE EXECUTIVE POWERS OF THE FEDERATION THAT IS VESTED IN THE PRESIDEN"

interlocutory applications and interlocutory appeals and their irresponsible use to delay the resolution of cases in court, is possible in part because of the absence of an effective costs regime and in part because of weak exercise of case management powers by the courts. Finally, the courts at all levels will continue to be overburdened with spurious and unmeritorious cases so long as they refuse to impose proper cost orders. In this respect, the Supreme Court must lead the change. With no sifting mechanisms for determining appeals that should be heard, and a career promotion (SAN) based on the number of appearances in the appellate courts and no proper costs orders, we have erected a court system that has failed its users.

Only politicians are served effectively and timeously by our courts, but there are many commercial cases that are more important than disputed governorship elections. Many of them wallow in the Supreme Court dockets for 10 years or more while political cases get resolved within 6 months. It shows that we really know our priorities and that our aspirations for being a top 20 economy in 2020 is well on course!

11.10.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Kindly advise me on this issue.

My late sister, who was a senior officer with the FRSC in South East, was killed by a lorry in 2013 while going back to her office. The FRSC gave her a befitting burial and we followed up on her gratuity and an outstanding allowance she was listed for along with other senior officers. While on this, the husband reached out to my brothers and l to write a letter of authorization to a probate high court in the state to issue him a Letter of Administration so that he can possess my sister's property. This came up because my sister left her property to her children (they have 2 little children) as next of kin. We obliged him as the death was a blow to everyone and we don't want to be a hindrance to the welfare of their children and as a mark of respect to our late sister. However, we also expected he would be reasonable enough to support our aged parents who relied on our late sister while she was alive.

The situation now is that my sister's husband has received her gratuity and has taken possession of her property in the state where she died and even married a new wife. We learnt he was dating the lady while my sister was alive and was not providing for the family. My sister was the breadwinner for her family and ours. As it is now, our parents are in need of care and has requested that a portion of the money he received from FRSC and proceeds from rent or sale of the property be given to them to ameliorate their situation. He has been evasive to this request.

We would appreciate if you can advise us on what to do.

Jude Onuoha, FCT, Abuja Dear Ms. R.E., Dear Mr. Onuoha, Legally speaking, Next of Kin refers to a person's closest living blood relative. The next-of-kin relationship is important in determining inheritance rights if a person dies without a will and has no spouse and/or children.

Although you didn’t state clearly where your sister or the husband are from, but matters of this nature are usually addressed through the various inheritance laws applicable in that particular state. But if the children are above 18 years of age, they are legally entitled to their mother’s properties, and this more strengthen by the fact that she named them as her Next of Kin. The probate issue and Letter of Administration was not properly handled. If it were, the Probate Officer would have taken steps to ensure that the interest of those named as Next of Kin were properly defended.

I would in the circumstance advise that you approach a lawyer and give him all the relevant details, including whether your sister left a Will or whether she just named her children as Next of Kin, what are the applicable inheritance laws in the state and he will determine what legal steps to take to protect everyone’s interest, including your parents’.

A physician, an engineer and a lawyer were arguing about whose profession was the oldest.

The surgeon announced, "Remember how God removed a rib from Adam to create Eve? Obviously, medicine is the oldest profession."

The engineer replied, "But before that, God created the heavens and the earth from chaos, in less than a week.

You have to admit that was a remarkable feat of engineering, and that makes engineering an older profession than medicine."

The lawyer smirked and merely enquired, "And who do you think created the chaos?"

Culled from The World's Funniest Law by James Alexander

Questions about Justice in Nigeria Olufunke Oduwole

T

he Nigerian Judiciary, in recent times has been seen by the average Nigerian, as an institution deficient in integrity. This state of affairs, has produced varied experiences of miscarriage of justice. The Judiciary, is supposed to be the bastion of democracy and custodian of justice. It would appear that, democracy is posing to be a challenge to the judiciary, and the judicial conception of justice seems to be in doubt.

Once the common man has the impression that justice is a commodity, available to the highest bidder, and those

who administer it can be tempted, then, there is no forum for the common man to seek redress. How then, does the common man secure justice?

This assumption, whether true or false, raises questions about the conception of justice, held by a Nigerian judge in his/her court. Theories of justice, date as far back as Plato and Aristotle, each person has his or her own idea of justice. It is worth re- assessing the judicial conception of justice. If the clamour for social justice, is the way forward, how will the Nigerian judiciary function, as the last hope of the common man?

Justice is no respecter of persons, whether rich or poor, likewise a judge is expected to dispense justice,

ENDORSEMENT DEALS: ALL THAT GLITTERS IS NOT GOLD saying. In every agreement of a commercial nature, it is always emphasised that the termination provision, be clearly spelt out.

It is advisable that there should at least be a thirty (30) day notification period for termination and that the conditions for termination be clear and understandable, as this is usually a ground for dispute.

Do the Math and Consult a Lawyer In any agreement of a commercial nature, the consideration is usually one of the most important points of negotiation; this need not be over-emphasised. A N20 million endorsement deal for 2 years can be either good or bad, depending on what the obligations and duties of the Brand Ambassador are. The above listed clauses are not exhaustive; however, we believe that these are some of the most important clauses to be negotiated in an endorsement deal. Once these are clearly noted, negotiated and agreed, reaching a fair agreement as to fees, payment and figures will be easy. That is, knowing how many public appearances,

without fear or favour. The office of a judge, comes with a combination of duties and obligations. The judge, in the words of Henry Cecil, should be honest, independent and incorruptible. A judge is expected to have a high sense of morality, and should rise above suspicion.

The office of the judge is in dire need of re-orientation.

The approach to judicial reform should be attitudinal, appealing to the behaviour and reasoning of the Nigerian judge. A good judge remains a good judge, be it in a sophisticated court room or otherwise.

Olufunke Oduwole, former Lecturer, Department of Jurisprudence & International Law, University of Lagos

CONTINUED FROM PAGE 7

how many free songs or jingles, how many photographs, how many countries, and so on such a deal entails, will go a long way in assisting the celebrity during negotiation of fees and payment.

It important to stress that accountability is the basis of endorsement deals. The endorsee has to be accountable to the endorser and vice versa. We must note that, getting the deal is only half the work, keeping the deal and generating a substantial amount in returns and revenue for the product, as a result of the celebrity’s affiliation with the brand, is the most important part of the job.

This increases the celebrity’s value and influence as well.

Above all and most importantly, before any celebrity signs any endorsement deal, please consult a lawyer that understands the laws of the territory and obtain the lawyer’s approval.

Consequently, please find below some helpful tips for celebrities in keeping endorsement deals: - Know all you can about the brand that you endorse, as people tend to like products that are endorsed by celebrities, who are seen as experts on the product that they endorse or who

appear to use such products that they endorse (Buhr, Simpson and Pryor 1987).

- Ensure that you remain likeable, and that your appearance is always top-notch. Physical appearance, they say, induces positive feelings from consumers.

- Remain relevant and popular, as this plays a crucial role, especially with teenagers and young adults. No one wants a ‘one-hit wonder’ or a ‘has-been’, as this may expose the brand to negativity. In addition, when people see a familiar face on television promoting a product, there is an instinctive feeling or thought in the consumers’ mind regarding the use of the product.

- Avoid multiplicity of brands, as this may affect the measure of the celebrity’s influence with the consumers. Endorsing numerous products can sometimes cheapen your brand. Also, endorsing conflicting brands, is not advisable, as this has a negative impact on the celebrity’s brand.

Yemisi Falaye and Olatokunbo Komolafe, law firm of Adepetun Caxton Martins Agbor & Segun

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11.10.2016

MY BRIEF BY SKB STEPHEN KOLA-BALOGUN

stephenkolabalogun@yahoo.com

Change Has Got to Come

T

he Rt. Hon. Theresa May, the British Prime Minister gave a rousing speech to the Conservative Party faithful at their Annual Conference that held in Birmingham, England last week.

Ordinarily you would be forgiven for thinking that before then, she had spent several hours locked in a room with President Muhammadu Buhari in that her speech constantly and repetitively made reference to the word ‘change’ however there was a significant difference. She not only mentioned the word change but consistently refrained that “change has got to come”. There is a lot the Federal Government here in Nigeria can learn from Theresa May. Change was not merely used as a slogan but instead there was emphasis on the need for a change in attitudes, values and the overall approach to government. It is fair to state that the British Government realise that the decision of the British people in a referendum to exit the European Union which they had hitherto been a member of since 1975 would have far reaching constitutional and economic implications for their country and the phrase “change has got to come” is an anticipatory reminder of the implications of that decision.

It has been nearly a year and a half since President Muhammadu Buhari won the 2015 General Elections on the platform of the All Progressive Congress (APC) using the slogan ‘change’ but has there really been any meaningful change?

The President has spent most of this period fighting corruption and bringing corrupt officials in the previous government of the Peoples Democratic Party (PDP) to account.

Unfortunately, corruption has now formed part of our national psyche and culture and it must have been extremely disappointing for him to have found out that the culture of budget padding prevalent in the last government and the allegations of systematic corruption in the House of Representatives have now been carried over into the government which he now heads. The APC have therefore been accused of being hypocritical and the word change on which the last general election was fought is seen in many quarters as nothing more than a mere ruse. Corruption aside there are some other issues affecting the country that are in immediate need of attention and the government would do well to attend to these issues right away.

First and foremost is the sorry state of our national currency the Naira. The Naira has been completely battered over the last few months and every Nigerian has been affected one way or the other. At a rate of nearly N500 to US$1 coupled with the ever dwindling price of oil worldwide the government must be seen to act right away. Some commentators have recommended the need for a currency change in order to stem the tide and bring an inflow of currency into our monetary system.

Others have advocated the need to sell some of our national assets and the need to revive our capital market system. All these issues may be true but the need in my view to have fiscal discipline which starts by sorting out the constitutional mess in which we find ourselves is the most overbearing. When President Buhari took over from President Goodluck Jonathan on May 29th 2015, he inherited the deliberations of a National Conference which his predecessor had initiated.

Although the recommendations of the National Conference have since been placed in the archives, a lot of what was deliberated upon could help us out of our present impasse.

The need to restructure our polity is perhaps the most overbearing. No country can sustain itself by spending more than it earns. The Federal Government has consistently asked the populace to tighten their belts and endure the current recession by increasing domestic productivity and rely less on foreign goods and services but ironically the Federal Government is the biggest consumer of us all. Can we in all reality continue to sustain both Houses of our Federal Legislature and continue to fork out enormous salary packages and allowances not only for them but also for the legislators in the 36 component states of the Federation? If the truth be told we ultra rely on the Federal Government for revenue and sustenance. Are we really practicing a federal system of government or a unitary style of government?

Each state of the federation sends 3 Senators and on average between 8 and 9 legislators to the House of Representatives to represent them at the National Assembly yet their salaries and allowances are paid to them directly by an over-bloated Federal Government. If our legisla-

tors were all paid in accordance with the revenue derived from their respective states, wouldn’t there be greater accountability and less wastage at the centre?

The trouble though is that in as much as restructuring may well be an obvious issue, how can we legally bring about this change or initiate this process?

Members of the National Assembly who we would ordinarily rely on to initiate this process are unlikely to vote for a form of change that will not only affect their political prospects but also hit them financially in the pocket. In other words, in order to bring about change a clear mandate needs to be received from the electorate, the source and donor of all political power.

It is therefore my argument that the electorate should be given the right of direct consultation through a referendum. In any case the National Assembly may be constitutionally empowered to amend the constitution but can they amend and restructure at the same time? Surely not! A referendum would pose a question that can legitimately determine what “We the people of the Federal Republic of Nigeria” really want.

A simple question asking whether or not we want to rewrite our Constitution and/or restructure our polity would suffice.

Thereafter, if the yes vote carries the day the National Assembly would have been mandated to do all that is necessary to bring about a new Constitution and/or restructure our polity.

Significantly a referendum would have done away with the government’s claim to sovereignty.

Referendums as democratic instruments are readily available all over the world and are a

common model in most democratic countries. They serve as a form of direct democracy and have recently been used in Britain (to determine their continued membership of the European Union) Hungary, Colombia and the Ukraine (to determine whether or not Crimea wanted to remain part of the Ukraine or join Russia). The President would probably have to initiate a bill to achieve this objective but if past governments have successfully brought about National Conferences, then there is no conceivable reason why having a referendum should be anymore cumbersome. Another area of concern is our judicial system. The sight of our Judges at various levels of the judicial system being arrested by the DSS on charges of corruption is highly disturbing and no doubt will be a major topic of discussion in the weeks to come. Yet if we are to encourage foreign investment into our dwindling economy, then a robust and vibrant judiciary is needed. In relation to contractual and commercial issues, when foreigners intend to bring their businesses to Nigeria, the resolution of disputes is perceived by them as slow and ineffectual. The main concern for judges over the years is the fact that they are not in a position to review some of our procedural laws in as much as they continue to remain part of the judicature provisions contained in Chapter VII of the 1999 Constitution. It is high time that these provisions are expunged from our Constitution and instead replaced with an Administration of Justice Act. This will enable the Chief Justice of the Federation, the President of the Court of Appeal and the Chief Judges of the Federal and State High Courts along with other stakeholders to review our court structure and administration of justice system at regular intervals. As at today this is virtually impossible so long as the judicature provisions remain part and parcel of our Constitution. Any form of review or amendment would require a constitutional amendment with its attendant and cumbersome procedure of requiring 2/3 majority of each house of the National Assembly and then approved by a resolution of the Houses of Assembly of not less than 2/3 of the states of the Federation. No wonder the right to appeal in our various courts have been static for over half a century and is now having a negative impact on our administration of justice system.

What is now obvious is that change is a lot more than a mere slogan and the process of bringing it about needs to start right away. President Muhammadu Buhari could do a lot more than merely following Theresa May the British (Brexit) Prime Minister. Perhaps he ought to draw inspiration from Socrates the ancient Greek Philosopher who once said: “The secret of change is to focus all of your energy not on fighting the old but on building the new”.

The recent decision to pick up judges who have been perceived to be corrupt is perhaps a step in the right direction, especially if the experience of the neighbouring state of Ghana is anything to go by.

Stephen Kola-Balogun, Legal Practitioners, Lagos.

11.10.2016

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Fusion of Legal and Fiscal Pathways Out of Economic Recession Sebastine Hon

A

fter many months of dangerously playing the ostrich, the Federal Government, just last July, admitted that Nigeria was in an economic recession.

That our economy was already in recession two years ago, was crystal clear, even to the toddlers; but the Federal Government kept playing over our collective psyche until 21 July, 2016, when the Finance Minister, Mrs. Kemi Adeosun, admitted that the national economy was in recession.

Following this pronouncement, a flurry of (most often) misguided remedies has become the order of the day, some stemming from egocentric epicentres. The Government, too, without any profound or even slight engagement with the Nigerian public, first flirted with the idea of selling off Nigeria’s national assets, before beating a quick retreat when there instantly sprung up raging fury from Nigerians.

There are many options open to the Government on the way out of the economic recession; and the least acceptable, given our circumstances, is that of sale of our national assets. In spite of the belated denials from high ranking officials of Government, I will still briefly examine the viability of selling of our national assets, as a way out of the economic recession, before I will examine the other possible solutions. In both cases, I will cite historical, legal, economic and empirical examples.

The New Zealand model on sale of national assets If we must sell our national assets, all Nigerians, via the process of a national referendum, must give their consent – and in this wise, I will suggest the recent New Zealand example.

The 2013 New Zealand asset sales referendum, which took place from 22 November 2013 to 13 December 2013, involved the New Zealanders voting either in support of or against their government partially privatising some of that country’s national assets, and the reduction in the government’s share in their national carrier, the Air New Zealand.

Above all, however, I hereby maintain that sale of our national assets is not in the best interest of Nigeria.

One pertinent question is: if we sell off such assets and the recession refuses to abate or even develops into a full depression, what will be our next step as a nation?

Sale of national assets, apart from being questionable, is only a short-term measure, which will have no answer to possible economic challenges of the longer future. It should be resisted vigorously. And this takes me to the Australian example.

The Australian example Recently, the question whether or not the Government of Australia should sell off some of its precious national assets arose. In the heat of this debate, Australia’s National Treasurer, Scott Morrison, rejected outright, bids for a controlling interest in the Ausgrid electricity network and the government-owned State Grid Corp.

On 11 August, 2016, Mr. Morrison declared in a press conference thus: “I have informed the Ausgrid bidders of my preliminary view that their foreign investment proposals are contrary to the national interest.”

Earlier this year, the same Morrison had blocked the sale of Australia’s largest cattle rancher, S Kidman & Co., to a Chinese international business concern, saying it would be against the national interest to do so. Rather than outright sale, Mr. Morrison has always insisted that the government is readily disposed to foreigners investing their money in Australia. A 99-year lease of the concerned assets is being offered by the Australian Government through him, instead.

The best way out: Fine mix of macro-economic and legal measures Historically and economically, nations that either faced economic recessions or depressions adopted fast-track macro-economic and legal measures that produced wonderful socio-economic and even political results. We shall explore these, starting with the famous Keynesian theory adopted most by such countries.

Keynesian economic theories British-born economist, John M. Keynes, submitted in his “The General Theory of Employment, Interest

President Muhammadu Buhari

and Money,” that lower aggregate expenditures in an economy contribute to a massive decline in income and to employment that is well below the average. In such a situation, he submitted, the economy reaches equilibrium at low levels of economic activity and high unemployment. His solution is this: to keep people fully employed, governments have to run deficits when the economy is slowing, as the private sector would not invest enough to keep production at the normal level and bring the economy out of recession. Accordingly, that during severe economic crisis, government should increase spending and or cut down taxes.

These theories were later expanded to include another important element: that during such austere times, the government should also extend credit guarantees and lower interest rates.

We shall examine the regimes of two US Presidents which employed these theories, utilising sound legislation and fiscal policies, to pull the US out of deep economic climb downs at two different historical intervals.

President Franklyn Roosevelt and the Great Depression Leading economic Historian, Irving Fisher, has argued that the controlling factor that led to the Great Depression was a vicious circle of deflation and growing over-indebtedness. He outlined nine intertwining factors, which in his opinion contributed to that Depression, thus: Debt liquidation and distress selling; Contraction of money supply; A fall in the level of asset prices; A still greater fall in the net worth of businesses, precipitating bankruptcies; A fall in profits; A reduction in output, trade and employment; Pessimism and loss of confidence; Hoarding of money; and A fall in nominal interest rates and a rise in deflationadjusted interest rates.

“Distress selling,” as shown above, progressed the world economy negatively from recession to depression. This was exactly what the Federal Government of Nigeria, through its organs, including the National Economic Council, NEC, wanted to plunge Nigeria into, before the sudden u-turn, many thanks to the uproar that greeted the infamous idea!

Franklyn Donovan Roosevelt ruled the USA as President for a record four terms, from March, 1933 to April 2, 1945, due mainly to his dexterous handling of the Great Depression. Adopting largely the Keynesian economic theory, Roosevelt, through his “New Deal” programmes, tripled fiscal spending and federal expenditure; and this worked to pull America out of that Depression.

The New Deal was a series of social and legal regimes enacted in the United States between 1933 and 1938. The measures encompassed both laws passed by Congress, as well as presidential executive orders during Roosevelt’s first term, 1933-1937. The programmes were based on what economic historians refer to as the “3 Rs” of Relief, Recovery, and Reform. The “Relief” was for the poor and the unemployed; the “Recovery” was to bring the economy to normal levels; while the “Reform” concerned a restructuring of the financial system – to prevent a repeat of the depression.

Economic historians, have segmented “The New Deal” into two. The “First New Deal” (1933–34) dealt with the pressing banking crisis; and this was achieved through the Emergency Banking Act; the Federal Emergency Relief Administration (FERA) and the Civil Works Administration (CWA). While the FERA provided hundreds of millions of US Dollars to the various States and major cities’ administrations, the CWA provided quick funding for localities to undertake projects in the 1933-1934 period.

The “Second New Deal” covered the period 1935-1938; and during this time, the “Works Progress Administration” (WPA) programme consolidated on the gains of the First New Deal, by deliberately providing massive capital to ensure the US Federal Government was by far the biggest employer of labour. And to prevent labour being mindlessly exploited, the Fair Labour Standards Act, 1938 was enacted.

There were also the Farm Security Administration of 1937 and the Social Security Act, which were protective legislations that targeted the rural and poor/challenged segments of the population.

As stated above, President Roosevelt, with the backing of the US Congress, pulled the US economy out of the Great Depression, a feat that contributed in earning him a historical four terms in office!

Clearly, therefore, Nigeria which is only in recession and is not yet in depression will quickly opt out of this quagmire, if just half of what President Roosevelt did, is implemented. And for a reminder, President Roosevelt massively cooperated with the US Congress to achieve that feat. Our dear President Muhammadu Buhari should, with respect, do no less.

Enters President Barack Obama It is too soon to forget that, Barack Obama assumed office of the President of USA, when that country was on the roller coaster to economic recession. What instruments of government and governance did he deploy in trying to pull back his country from that journey to the dark? We shall examine the efforts, highlighted in the following bullet points.

Less than one month upon assumption of office, President Obama pushed for the promulgation by Congress of the American Recovery and Reinstatement Act, which enabled the provision of $800billion in government spending and tax cuts – to jumpstart the economy. Out of this amount, a princely $54billion a year as provided for, to expand unemployment insurance. These legal and fiscal measures alone rolled back unemployment by over 3 million jobs.

In early 2008, the Government lowered interest rates; and later that year, it completely erased interest rates – by adopting a zero-interest rate regime.

Rather than sell national assets, the Congress, in October, 2008, established the Troubled Asset Relief Program (TARP). The Federal Treasury used part of the proceeds from this to inject massive funds into the nation’s banks, which in turn dished out interest-free loans to large scale, medium scale and small scale businesses.

The effect this singular policy had on the US economy can only be imagined.

Between 2009 and early 2010, the US Government engaged itself in massive ease-offs, by buying treasury bonds and mortgage securities – to consciously lower long-term interest rates. The Government also guaranteed bank debts for responsible corporate organisations – to give then stability and growth, which in turn was to help grow the national economy.

The Federal Government also gave tax rebates to the lower and middle income earners – for the purpose of further strengthening the economic and purchasing power of these groups and therefore stimulating the economy. Through this and related efforts, close to $1trillion was injected into the national economy.

With these and several other measures, the Obamaled government successfully pulled the USA out of recession and rapidly placed it back on the fast lane of growth, earning President Obama a well- deserved 2nd term in office. Thus, in his last State of the Union Address in January, 2016, Mr. Obama proudly announced thus: “Let me start with the economy, and a basic fact: the United States of America, right now, has the strongest, most durable economy in the world. We’re in the middle of the longest streak of private-sector job creation in history. More than 14 million new jobs; the strongest two years of job growth since the ’90s; an unemployment rate cut in half. Our auto industry just had its best year ever.

Manufacturing has created nearly 900,000 new jobs in the past six years. And we’ve done all this CONTINUED ON PAGE 16

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11.10.2016

Can EFCC’s Existence Survive a Legal Challenge?

Olumide Adetunji

T

here was an article that was recently published in a leading Nigerian newspaper titled “Can EFCC’s existence survive a legal challenge?”

The author of the article answered this question in the negative by saying, “I seriously believe it will not. This is because Section 214 of the Constitution of the Federal Republic of Nigeria has not been amended, to accommodate other agencies, in the fight against crime, which has social, economic, financial and political dimensions.” Section 214(1) of the Constitution of the Federal Republic of Nigeria 1999 (“Constitution”) provides that, “There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section, no other police force shall be established for the Federation or any part thereof”.

The author argues that, section 8(5) of the Economic and Financial Crimes Commission (Establishment) Act 2004 (“EFCC Act”) which provides that “For purposes of carrying out, or enforcing the provisions of this Act, all officers of the commission involved in the enforcement of the provisions of this Act, shall have the same powers and privileges (including power to bear arms), as are given by the law to members of the Nigerian Police”, is inconsistent with section 214(1) of the Constitution and, by this reason, is unconstitutional pursuant to Section 1(3) of the Constitution – this latter provision nullifies any law that is inconsistent with the Constitution, to the extent of its inconsistency. The question, therefore, is whether section 8(5) of the EFCC Act is, in fact, inconsistent with section 214(1) of the Constitution, as contended in the article.

While, of course, it is conceded that lawyers do not necessarily have to have the same view on legal issues, we believe, as explained below, that section 8(5) of the EFCC Act does not conflict with section 214(1) of the Constitution.

The aforementioned article was a rather short one, and did not provide any analysis to support the position advanced therein. The central issue that ought to have been addressed and discussed in the article, is why (and on what grounds) section 8(5) of the EFCC Act supposedly conflicts with section 214 (1) of the Constitution. It is unclear, from the article, if the author’s position is that “no other body or agency can be established to fight crime because section 214(1) of the Constitution has already established the Police”. If this is the author’s position, then, with due respect, it would appear to have been misconceived, as it is not even supported by the very constitutional provision (i.e. 214(1)) that the author is using to ground his/her position.

In the first place, the Courts have held in a plethora of cases that, when interpreting statutes, including Constitutional provisions, the words must be given their ordinary grammatical meaning when the intention of the legislature is clear as revealed from the language used: see, for instance, ATTORNEY GENERAL OF LAGOS STATE v EKO HOTEL [2006] 18 NWLR(Pt 1011) 378; AG FEDERATION v ABUBAKAR [2007] 10 NWLR (Pt 1041) 1. The words of section 214(1) of the Constitution are not only clear, but very clear. The sub-section only provides for the establishment of the Police.

There is nowhere in the provision where it gives the

EFCC Acting Chairman, Ibrahim Magu

Police powers, much less exclusive powers, regarding “fighting crime” as the article seems to suggest.

If section 214(1) of the Constitution had read “There shall be a Police Force for the federation which is vested with exclusive powers to fight crimes in the Federation”, then, perhaps the argument in the article may have had some merit. Further, there is nothing in section 214(1) of the Constitution that prohibits the National Assembly, either expressly or by implication, from establishing other security apparatus to fight crime in the country. In fact, item 45 of the Exclusive Legislative List (“ELL”) of the Constitution empowers the National Assembly to make laws for the “police and other government security services established by law.” If there is any doubt that the Constitution contemplates the existence of “other government security services”, as may be established and organised by an Act of the National Assembly, item 45 of the ELL has put that beyond cavil.

One should further note here that the Constitution itself does not make “fighting crime” a distinguishing feature of the police force. In fact, nothing is said about the roles, power, duties or responsibilities of the police in section 214(1) of the Constitution. The reason being that these issues would be dealt with through legislation passed by the National Assembly.

Section 214(2)(a) of the Constitution provides that “the Nigerian Police Force shall be organised and administered in accordance with such provisions as may be prescribed by an act of the National Assembly”. Further, section 214(2)(b) provides that “the members of the Nigerian Police shall have such powers and duties as may be conferred upon them by law”. It is clear from these constitutional provisions that, while the Constitution makes provisions for the setting up of the Police Force, its powers and responsibilities are as prescribed by law – and not the Constitution. So, theoretically speaking therefore, the National Assembly may actually set up the Police Force without including “fighting crime” as part of its duties, and this will not be inconsistent with the provisions of section 214(1) of the Constitution.

So, with due respect, the article cannot posit, as it appears, that “fighting crime” is a distinguishing

FUSION OF LEGAL AND FISCAL PATHWAYS OUT OF ECONOMIC RECESSION while cutting our deficits by almost three-quarters.

Anyone claiming that America’s economy is in decline is peddling fiction.”

Conclusion The present economic difficulties faced by Nigeria and Nigerians are not too peculiar as to attract panicky measures. The President, as the father of the nation, should be proactive, patriotic and unrelenting, as did Presidents Roosevelt and Obama of the USA, which saw the US pulling out of the economic complexities of those times.

I will add that, with the resumption of bombing of oil facilities by the Niger Delta militants, coupled with the growing uncertainty in the international oil business, the

mark of the Police, or its exclusive jurisdiction based on section 214(1) – and argue, thereby, that any other law that empowers another body or agency to fight crime is, unconstitutional.

As noted above, it is unclear from the article how (or what part of) section 8(5) of the EFCC Act conflicts with section 214(1) of the Constitution. While section 8(5) provides that “For purposes of carrying out or enforcing the provisions of this Act, all officers of the commission involved in the enforcement of the provisions of this Act shall have the same powers and privileges (including power to bear arms) as are given by the law to members of the Nigerian Police”, this does not mean that the provision has invariably established another Police Force. It is common practice for legislative drafters, to invest a newly created body or entity with powers and privileges similar to those of an existing body. The way this is typically done is to use words along the lines of, as an example,: “For purposes of performing his duties under this Act, the Chairman of the Tribunal shall have the powers of a judge of the High Court...”In this example, does it mean that the Chairman is usurping the powers of a judge of a High Court?

Another example is section 252(1) of the Constitution which provides that “For purposes of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by an Act of the National Assembly, the Federal High Court shall have all the powers of the High Court of a state”. From a legislative drafting perspective, there would be no point in listing identical “powers and privileges” for allied/ related bodies in multiple legislation. It makes sense just to cross reference, as was done in the case of section 8(5) of the EFCC Act. Further, it should be noted that even though EFCC is invested with the powers and privileges of the police, this is not a carte blanche. The preamble to section 8(5) of the EFCC Act provides that the powers and privileges are only in relation to and for purposes of “carrying out or enforcing the provisions of” the EFCC Act. So, while the Police have very wide and general powers and privileges under the Police Act, relating to “prevention and detection of crime, the apprehension of offenders, the preservation of law and order”, among others, the EFCC can only enjoy the same powers and privileges of the police, in the course of carrying out or enforcing the provisions of the EFCC Act. So, it is hard, with due respect, to see the merits of the argument in the article suggesting that EFCC is some form of parallel police force.

We should also note here that, section 4(4) of the National Drug Law Enforcement Agency Act is identical to section 8(5) of the EFCC Act. It provides: “For purposes of carrying out or enforcing the provisions of this Act, all officers of the Agency involved in the enforcement of the provisions of this Act shall have the same powers and privileges (including power to bear arms) as are given by law to members of the Nigerian Police". So, does this provision of the NDLEA Act also create a police force, and thereby contrary to section 214(1) of the Constitution? In conclusion, while the Courts, ultimately the Supreme Court, would always be the final word regarding the constitutionality or otherwise of any piece of legislation, it is believed that EFCC would likely survive a constitutional challenge, if such challenge is based solely on the arguments proffered in the aforementioned article.

Olumide Adetunji, a lawyer practising in Canada and Morenike Okebu

CONTINUED FROM PAGE 15

best bet for the Buhari-led administration is to channel efforts towards agriculture and manufacturing, using the Keynesian economic theories, intermixed with a proactive legislative effort as adumbrated above. And of course, the sooner the herdsmen-farmers’ dispute is put behind us, the faster we shall achieve these goals and move Nigeria out of recession.

President Buhari himself acknowledged this role of agriculture and manufacturing on 29th September, 2016, at the 44th Annual General Meeting of the Manufacturers Association of Nigeria, held at Transcorp Hilton Hotel, Abuja, when he told his audience that given the present realities, these two sectors remained the surest ways out.

Both sectors of the economy will, however, serve this purpose if there is peace and equity in Nigeria.

Admittedly, the Federal Government of Nigeria is having severe liquidity problems; but better options include borrowing from friendly international organisations. In any case, it is shocking that Mr. President’s economic team, recently rejected lowering of interest rates, which as shown above is a very important component of the Keynesian economic theory of arresting receding economies! This policy should be reversed immediately!

The same thing goes for the Government’s annoyingly restrictive policy on foreign exchange, which has unwittingly soared the price of forex, thereby nearly bringing down the entire economy!

God bless Nigeria.

Sebastine Hon, SAN, FCIArb Abuja-based Private Legal Practitioner/Constitutional Lawyer

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BUSINESSWORLD

ENERGY

Kunle: It’ll Be Illegal to Sell National Assets With No NCP in Place Mr. Dan Kunle is an energy expert, and sits on the board of companies. He was also part of the Bureau of Public Enterprise (BPE) team that privatized some of Nigeria’s national assets during the tenure of former President Olusegun Obasanjo. In this interview with Chineme Okafor, Kunle said it would be illegal for the federal government to sell the country’s assets without the approval of a constituted National Council on Privatisation . Excerpts: Former Group Managing Directors(GMDs) of the NNPC recently advised the government to repair the refineries using their Original Equipment Manufacturers (OEMs). They also want a new approach to running them, how do you view this?

I think it is a good advice from the former GMDs. That is what they have been saying all the years and it has never happened. Privatisation in Nigeria started with the Technical Committee on Privatisation and Commercialisation (TCPC) of 1989 by President Ibrahim Babangida with the appointment of Hamza Zayat as the chairman of privatisation and commercialisation.

Government started divesting since then. What the GMDs said is not anything new. Most of these former GMDs were the same people who resisted the divestment of government shares from those refineries. I am a witness to most of those transactional issues between 2003 and 2009 January when I left office.

The proposed joint ventures they raised, we are back on the same page. They are still repeating what we wanted to do but some of them resisted it. President Olusegun Obasanjo re-engaged Credit Swiss - world class investment bank as the technical advisers to sell the four refineries. What we did technically was to merge the refinery in Port-Harcourt with the bigger one to make it one transaction because you know the refinery in Port-Harcourt is small and old and can produce just 60,000 barrel per day.

We merged it with the new one to make new bundle. They did all the diagnostic study and investment plan and went ahead to sell these refineries. We succeeded in selling Port Harcourt and Kaduna, and it was the Dangote group and Femi Otedola that won it and they paid BPE in 2006. By the time President Obasanjo handed over to late President Yar A’dua, within six months the same former GMDs told Yar A’dua that the refineries were sold by the BPE people on the instruction of Obasanjo to his boys and they cancelled the deal and refunded Dangote and Otedola.

Since that time these refineries have not worked and within that, Aliko Dangote has built up capacity to go through all the fields to get engineering detailed design to build a world class crude oil refinery in Lagos as one private man ignoring going back to government.

The government violated the sales purchase agreement for those two refineries. Ironically, the same government goes abroad to do road shows looking for investment forgetting that violating contract agreement is counterproductive.

So, the former GMDs are saying what is right but they are just saying it for populist sake, for them to be heard. Who among them was audacious enough to let go.

I remember Charles Soludo was CBN governor, in most of our meetings at National Council on Privatisation (NCP), asked them: all these assets that you people are resisting that they should not be privatised, down the line are you sure they are sustainable?

By the way, the NCP that is not inaugurated now is the statutory body that is empowered to process the divestment assets. The law is there, the Vice President is the chairman, but for whatever reason, they don’t want the body to be inaugurated.

If the government decides to sell, will the refineries still worth some good value now that Dangote refinery will soon come on stream?

The more you politicise the privatisation of the refineries, the more those refineries are technically going obsolete and decadence that no credible investor will come near them anymore.

seven trains now. If you go by the international price of gas today, even the value we would have gotten between two to four years ago if we sold five to 30 per cent of our 49 per cent in NLNG, we will not get it today because the price of gas in America now is $2.8 per mbtu.

What value are we going to get from selling the percentage of 49 per cent? What you will use that proceeds for must be defined because if you sell and put the money in the federation account, it means the three tiers of government will share it.

All these things have been done by President Obasanjo before. What he did was to create Niger Delta Power Holding Company to build the 10 power plants that are idle now.

Whether five, 10 or 20 per cent of the NLNG today, the value may not be much today because the price of gas has gone down but what will you do with the value today should be defined; like using it to build gas pipelines, treatment plants, transmission, railways.

Kunle In fact, they become worthless because they have become technically insolvent.

When you have assets that have become technically insolvent, it means, if you want to buy it you are buying liability because all the equipment you are supposed to produce with are obsolete. They have decayed, corrosion has taken place.

That means you are going to invest money in building a new refinery. So, why will an investor come and take such a technically liable refinery. Not only that the refinery is technically insolvent, the refinery is socially insolvent. That is, the labour problem you are going to have in the refineries, unless government insulate you away from all these labour issues, and take away all the staff and pay them.

These social problems also include the community you are going to interface with, because you need their social license to operate their. I have not even mentioned the financial insolvency.

So, all these noise that people are making, if you get down to the details, you will see that there is no refinery selling. They are all technically insolvent.

Government in this part of the world and anywhere in the world are not meant to run businesses. Aliko Dangote is building a refinery that is going to produce near sufficiency of petroleum products to the market. Anybody who decides to buy this three existing refineries will have to invest money to upgrade the refineries to a standard that can produce up to 70-80 percent of installed capacity.

There are speculations that the government will shed some of its shares in the NLNG, do you have a perspective on this?

The records may be there, as far back as 2006-2007 when I was working as senior technical adviser to the minister of energy (gas). I proposed because I came from the privatisation agency to work with him, that, we should propose to President Yar A’dua to sell part of our 49 per cent in the NLNG for cash and structure the use of that

proceed for electricity infrastructure, use such as gas pipelines, gas treatment plants, gas to power and my minister agreed to take it up.

There is nothing wrong in selling part of your shares. I am very familiar with NLNG. We have only one NLNG in Nigeria producing 22 million tonnes in six trains. We are to build

Aliko Dangote is building a refinery that is going to produce near sufficiency of petroleum products to the market.

Anybody who decides to buy this three existing refineries will have to invest money to upgrade the refineries to a standard that can produce up to 70-80 percent of installed capacity

Nigerians are opposed to the divestment because they fear the proceeds may not be judiciously used?

Since 1989, when we started by selling assets like the post office which became Federal Saving Bank where has the proceeds been going to since that time till now. Why is it now that Nigerians are beginning to ask questions? Since 1989 that Babangida started divesting, where has the proceeds been going to.

The Federal Palace Hotel Lagos and Ikoyi Hotel were sold. First Kingsway where Aliko Dangote occupies today, all these, where did all the proceeds go to? They went into the federation account. They didn’t disobey the law. The law says all the proceeds should go into the federation account and every time this is done, the Nigeria Labour Congress takes pay first.

I was in the privatisation agency for four years. Labour is the number one on the charge.

We sold Savannah Sugar, Cement factory and sold labour is number one on the charge. They take the money and go out everywhere to make all the noise in the media.

The money goes to federation account. We get approval from the President and Vice President to deduct the money and pay to labour because they make life impossible. The fear about the proceeds not been judiciously used is a separate headache. You must abide by the law which says so. You have the National Economic Council and Federal Executive Council if they decide that 10 or 50 per cent of the proceeds should be used for this or that, they will take it to National Assembly and legalise it. So, why should that be an issue?

Does that mean national assets divestment cannot happen with the consent of the National Council on Privatisation?

No. You cannot because you will be violating the law. You cannot sell, liquidate, concession, privatise or do anything without constituting them but they have not been inaugurated.

All the people that are talking now in government are members of the council on privatisation but they have not been inaugurated.

President of the Nigeria Labour Congress is a statutory member as contained in the Act signed by Abdulsallami Abubakar, the Vice President is the chairman, minister of finance is a member, minister of justice is a member, secretary to the government of the federation attends, minister of power, aviation and all those that their ministries have parastatals or enterprises to sell are members.

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BUSINESSWORLD

INDUSTRY

At 56, Nigeria’s Economy in Worst State Ever Crusoe Osagie discusses the plight of the nation’s economy and the manufacturing sector after it marked its 56th independence anniversary The Nigerian economy is gasping and experts believe it is in its worst state since independence in 1960. According to the Nigerian Bureau of Statistics (NBS), unemployment rate is 19.3 per cent while inflation stands at 17.1 per cent as at the end of August 2016.

Food prices have, at least, doubled and energy bills have risen astronomically. The Vice President of the Manufacturers Association of Nigeria (MAN), Mrs. Stella Okoli, recently noted that the nation’s manufacturing sector lost over N300 billion to economic headwinds in less than a year.

According to her, “a critical look at the sector would reveal that more than N300 billion had actually been lost.” Experts have also revealed that about 300 companies have closed down and around 200,000 industrial sector jobs lost, as a direct result.

The Director, Economics and Statistics, MAN, Mr. Ambrose Oruche, decried the unavailability of productive inputs, stating that this was the major challenge confronting manufacturers.

More Nigerians are out of jobs and disposable income is at an all- time low.

According to NBS report, many graduates now embrace menial jobs to keep body and soul together. Many companies are closing shop as the Naira loses value daily. Goods and services have gone out of the reach of many Nigerians.

In the statistics agency’s report, there were a total of 26.06 million people who were either unemployed or underemployed during the review period compared to 24.5 million last year.

However, in spite of the gloom, the Presidency said the economy performed better than what the International Monetary Fund (IMF) had predicted for Nigeria in 2016. The NBS said about 1.46 million Nigerians became unemployed in the third quarter of 2015, while another 518,102 were jobless in the fourth quarter of that year, bringing the total number of freshly unemployed persons to a record high of 4,580,602, since the inception of the current administration.

In this year’s second quarter, the NBS said the unemployment rate grew. “During the reference period, the number of unemployed in the jobs market increased by 1,158,700 persons, resulting in an increase in the national unemployment rate,” the NBS said.

“In view of this, there were a total of 26.06 million persons in the labour force in Q2 2016, that were either unemployed or underemployed compared to compared to 24.5 million in Q1 2016 and 22.6 million in Q4 2015. “The economically active population or work age population in the age range between 15 and 65 increased from 106 million in Q1 2016 to 106.69 million in Q2 2016,” the report added.

Underemployment was also on the rise with 15.4 million Nigerians said to be doing jobs they are far more qualified for.

“The number of underemployed in the labour force increased by 392,390 or 2.61 per cent, resulting in an increase in the underemployment rate to 19.3 per cent (15.4 million persons) in Q2 2016 from 19.1 per cent (15,02 million persons) in Q1 2016, 18.7 per cent (14.42 million persons) in Q4 2015, from 17.4 per cent (13.2 million persons) in Q3 2015 and 18.3 per cent (13.5 million persons) in Q2 2015,” the NBS said.

There were a total of 26.06 million persons in the Nigerian labour force in Q2 2016, that were either unemployed or underemployed compared to compared to 24.5 million in Q1 2016 and 22.6 million in Q4 2015. National Vice President of the Nigerian Association of Chambers of Commerce, Industries, Mines and Agriculture (NACCIMA), Mr. Dele Oye, said the economic recession and concomitant hardship would continue throughout the year.

He said the nation witnessed the economic recession at the beginning of the first quarter of 2016 and failed to turn the corner.

“Unless urgent measures are deployed, the hardship will continue till the end of the year because the third quarter is already going” he said.

The President of the Manufacturers Association of Nigeria (MAN), Dr. Frank Udemba Jacobs, lamented that the sector, which is the engine of the economy has been badly battered with around 60 of its member-companies shutting

Buhari down in the last one year.

According to him, “The economy is in worst state and unless something is done, most of our members will close down. We are plagued with several problems, what we face is extremely difficult. With capacity utilisation in the manufacturing sector crashing below 20 per cent manufacturers have lamented over the continued decline of capacity utilisation in the country posed a major threat to the already ailing real sector of the economy, resulting in massive job losses.

Production Decline The Chairman, Manufacturers Association of Nigeria (MAN), Apapa Branch, Mr. Babatunde Odunayo, explained that the manufacturing sector recorded a 20 per-cent drop in capacity utilisation at the end of the second quarter of 2016, stressing that the sector currently operates under 20 per cent of its capacity.

He blamed the decline primarily on the scarcity of foreign exchange for raw materials replenishment and the declining purchasing power of consumers in the country.

Managing Director of Cradle Peak, a small scale packaging materials manufacturing company in Ogun State, Mr. Ikponmwosa Obano, corroborated the declaration made by the MAN executive, saying that his company has faced tremendous challenges sourcing raw materials to keep his machines running.

Meanwhile, Odunayo said apart from the scarcity of forex and declining disposable income, the manufacturing sector was also challenged by long-standing negative factors that are yet to be addressed, including inadequate municipal power supply and poor access road networks.

Odunayo said the theme of a forum: “Nigerian manufacturing sector in a time of economic crises; survival strategies” held recently was apt, considering the current ‘tsunami’ blowing across the country, adding that it was the most challenging economic storm the nation had ever experienced. He added that the reason behind this economic downturn began with the mismanagement of the windfall that was gained from exceptionally high oil prices between 2010 and 2014, saying that the government at that time did not cultivate the culture of savings.

“As soon as oil prices came crashing down, the country became exposed. The challenge now remains how to manage the aftermath of the oil price drop and its resultant 70 per cent drop in revenue earnings for the country.

The Buhari-led administration is faced with this challenge,” he said.

He noted the efforts by the current administra-

Enelamah tion aimed at revamping the economy, saying that the federal government’s plan for a $1 billion Euro bond for capital projects was a welcome idea.

According to him, the most critical of objectives of the present administration was premised on policy, governance and security, including ensuring a stable and predictable currency exchange rate.

Furthermore he said the exchange rate must be supported from two sources such as flexibility and support from direct foreign investment and inflows into the country. He also called for external borrowing to shore up the naira in order to support poorly funded government businesses through funds injection into the forex market.

According to him, this would stabilise employment, drive infrastructure development, develop, and prepare grounds for non-oil export development through appropriate investments.

He added that many companies now declare huge exchange rate losses, pointing out that these losses already run into hundreds of billions of naira with many manufacturing outfits closing down. Odunayo said Nigeria’s gross domestic product (GDP) had declined from a robust $568.5 billion in 2014 to $481.07 billion in 2015, stressing that for the first time since 2010, Nigeria has suffered a drop in its GDP with a year-on-year decline of -15.3 per cent in 2015.

“This decline may continue unless dollar funds can be injected to support private and public sector needs,” he said.

He added: “The greatest challenge facing Nigeria at the moment is low productivity.

According to a recent CBN report for the second quarter of 2016, industrial production stood at near zero. It reduced to as low as 6.4 per cent in the second quarter of 2016.

“Whereas revitalised industrial production seems to be the single most potent solution to the current economic recession in Nigeria.”

FG’s Effort In the midst of all the challenges, the federal government is proposing varied remedies, which do not seem to have yielded much benefit at the moment although there is still some time to test the effectiveness of the interventions.

Recently, the Vice President, Professor Yemi Osinbajo, unveiled the plan of the government to stimulate the nation’s economy, which was officially announced to have slid into recession about a month ago.

Osinbajo said part to the plan to get the economy back on the path of growth would

involve steps to immediately reduce fiscal imbalances and forex volatility, as well as lower interest rates and increase lending to the real sector. He noted that the government expects that the new initiative to jump start the economy and return it to rapid growth.

He explained that other tasks to be given immediate priority included boosting dollar liquidity, curbing inflation and increasing foreign direct investments (FDIs) by sustaining enabling policies aimed at boosting Public Private Partnerships (PPPs).

According to him, another urgent step to be taken by government was a structured collaborative engagements with the private sector to deepen the nation’s diversification efforts to create jobs directly and indirectly and alleviate poverty in the country.

The vice president, who spoke during a presidential dialogue session organised by the Lagos Chamber of Commerce and Industry (LCCI), added: “ These challenges are significant, but the opportunities to get it right are even more significant. For us, the focus is steadfastness and consistency to achieve economic growth.

The government is committed to engaging the private sector in line with what is considered best practices.” He said the nation’s GDP declined from 6.3 per cent in 2014 to 2.15 per cent in 2015, adding that as at first quarter in 2016, GDP stood at -0.36 per cent.

According to him, the FDI as at first quarter in 2015 stood at $395 million, declined to $175 million in the first quarter of 2016, maintaining that values of equities also declined.

The vice president pointed out that as at May 2016, market capitalisation stood to about $48 billion, down from $84 billion recorded in 2014, while inflation is now about 16.5 per cent.

He said to tackle these challenges, the federal government undertook some specific interventions reflected in the 2016 budget, noting that to safeguard jobs and prevent further increases in unemployment, the present administration priortised attention to assisting states and local governments in paying of salaries of workers.

He added that the deregulation of the downstream petroleum sector was also an important policy decision, stressing that the immediate impact led to the increased availability of Premium Motor Spirit (PMS) throughout the country which he said has been achieved at the price of N145 per litre as against the N200 per litre being paid in most parts of the country prior to deregulation.

He stressed that the deregulation also led to the reduction of daily demand for PMS from 1600 trucks to 850 trucks per day, saving about

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T H I S D AY • TUESDAY, OCTOBER 11, 2016

BUSINESSWORLD

INDUSTRY

French Expo to Connect Nigerian Companies with $1.5 trillion Global Food Market Stories by Crusoe Osagie Promosalons Nigeria, organisers of the SIAL Paris trade show has stated that this year’s fair scheduled to hold from October 16 to October 20, 2016 in Paris, France, is expected to expose Nigerian food companies to latest technologies and innovations aimed at boosting Nigeria’s food industry.

The organisers stressed that the event will also help Nigerian operators access the around $1.5 trillion worth of business at stake in the global food business sector.

The Managing Director, Promosalons Nigeria, Mr. Akin Akinbola, said the fair is in line with the federal government’s effort to diversify the nation’s economy away from oil with food processing and agriculture as top priorities.

Akinbola in a statement issued to THISDAY, said this year’s SIAL Paris coincides with the United Nations’ world food day, maintaining that representatives of the entire global food industry will be in Paris, ready to find and share the solutions required to feed the world for the next 30 years.

“SIAL Paris 2016 is the perfect avenue any professional and food production company needs, to explore, get access to and assess the latest innovations, marketing strategies and food processing activities. Latest food technologies coupled with research

findings and latest trends will provide participants the avenue through which they can develop their food production and processing activities which will in turn add to Nigeria’s economy growth ,” he said.

He said participants from Nigeria will be afforded the rare opportunity to meet, interact and engage with top brands in the food processing and production sectors from around the world with the view of exploring latest innovations, technologies and establishing prospective partnership.

In his words, “This food trade show is the perfect opportunity for professionals in the food production and processing sector of Nigeria to key in into the Federal Government’s desire and initiative to diversify the economy away from the over dependence on dwindling crude oil prices and production.”

According to him, this year’s SIAL Paris will be graced by over 100 countries represented, 7000 exhibitors expected and 21 products sectors, pointing out that SIAL 2016 is the global food marketplace for the food industry professionals.

He said professionals, researchers and food production companies seem to have their work cut out for them as they need to engage in innovative and transformative activities to develop, adopt and engage in latest food technological services, adding that the food

Lagos International Trade Fair Targets Economic Diversification Organisers of the Lagos International Trade Fair (LITF), Lagos Chamber of Commerce and Industry ( LCCI) has stated that the annual trade show event scheduled to hold from Friday 4th November to Sunday 13th November, 2016 is expected to draw attention of the federal government on the need to intensify its efforts aimed at diversifying the economy away from hydrocarbon resources.

The Chairman, Trade Promotion Board, Mr. Sola Oyetayo, explained that the economy is already diversified to a certain level, but stressed the need to vigorously and inject sufficient dose of sustainability into the nation’s economic strategies, maintaining that economic diversification is urgently required with a political will to pull Nigeria out of the current economic recession.

Oyetayo while addressing a press conference to herald the 2016 LITF, said nations of the world are generally experiencing economic turmoil, particularly in the wake of continuous dropping of the oil price, saying that the Nigerian economy has been worst hit largely because of the lip service paid to other sectors of the economy while depending only on oil for earnings over the years.

In his words,”It is worthwhile to note that oil price shock, volatility in foreign exchange, burst of ‘rent seekers’ phenomenon in the oil sector, fiscal rascality, sloganeered

‘diversified’ economy, neglect of manufacturing sector, energy crisis, growing unemployment rate, lull in capital market, lack of adequate pla nning, inertia in decision making process just to mention a few resulted in the present economic recession; all without solution based response, demand that government needs to declare emergencies in some critical sectors to revive the Nigeria’s prostrate economy.”

He added: For us at the LCCI, we shall continue to use all avenues to support the government and call attention to possible intervention that can give us workable solution.”

Giving details of the event, he said over 500,000 visitors are expected to attend the fair over the ten-day period, adding that the Tafawa Balewa Square (TBS) hosting the general consumer fair has an average exhibition space of 40,000 square metres.

“This has been divided into: indoor shell schemes stand, indoor inbuilt, outdoor and outdoor premium space. These will take care of different categories of exhibitors as it has been done over the years,” he said.

According to him, an average of 2,000 exhibitors participate in the fair annually with over 200 foreign exhibitors from more than 15 countries such as China, Japan, India, Indonesia, Ghana, Egypt, Jordan, Pakistan, Turkey, Cameroun, Kenya, Singapore, Jamaica, Republic of Benin, South Africa, including, countries in the European Union and the North America.

production and processing sector is aware of the fact that consumers are drawn by the diversity and attractiveness of the products available (at the best prices), and thus they have to tailor their products and services towards adapting,

and learning how to respond to the ever-evolving needs of today’s consumer.

“SIAL Paris 2016 will demonstrate how this biennial trade show has indeed developed into the food industry’s front-line event – the ultimate

place to discover today’s food trends and explore tomorrow’s innovations. Over 160,000 professionals from around the world are expected to attend the five-day show.

Arranged into food sectors and geographical regions,

SIAL’s one-of-a-kind layout lets visitors customize their experience, and explore the trade show according to their own particular needs - something that no other fair can offer to such a wide-ranging public,” he added.

IMPROVING NIGERIAN AIRPORTS

R-L: Minister of State for Aviation, Senator Hadi Sirika with Director General, Airport Council International (ACI), Ms. Angela Gittens, during a strategic session on moving Nigerian airports forward, at the International Civil Aviation Organization (ICAO)headquarters Montreal, Canada...recently

Nigeria’s Rebased GDP Can FG to Move Ease of Doing Grow by Four Folds, Says BoI Business index 20 Steps Forward The Bank of Industry (BOI) has expressed hope over the nation’s $500 billion rebased Gross Domestic Product (GDP) it recorded in 2014 to quadruple, noting that all that is required is to replicate development strategies of developed economies around the world.

The acting Managing Director, BOI, Mr. Waheed Olagunju, explained that is no rocket science to grow Nigeria’s GDP to a tune of about $2.4 trillion if priorities are placed towards developing the nation’s industrial and agricultural sectors.

The acting Managing Director, BOI boss, said the manufacturing sector’s contribution to GDP must hit double digit figures, maintaining Least Development Countries (LDCs) such as Kenya, 18 per cent of its GDP is accounted by its industrial sector while Nigeria’s real sector contribution to the GDP has remained depressingly at single digit. ”Manufacturing must account for double digit of our GDP. If this happens, it is the beginning of progress and this means that we must add value to our natural resource endowments.

If we do this and able to achieve a double digit GDP, we can achieve an industry capacity utilisation above 70 per cent,” he said.

Olagunju during the 32nd Omolayole management series lectures, tagged “Made-in-Nigeria: Vehicle to the diversification of the economy” said: What is clear is that we need to industrialise Nigeria aggresively, because industrialisation is what makes the difference between the rich and poor countries of the world. It is not by accident

that the rich countries are referred to as industrialised countries. Industrialisation talking about value addition, processing is where the high quality of life comes in.”

According to a report he attributed to Oxfam, the industrialised countries of the northern hemisphere bought cocoa worth a billion dollars from Nigeria, Ivory Coast, Cameroun and Ghana, investing another $3 billion on value addition which generated businesses worth about $60 billion.

“In other words, they gained $56 billion by investing $4 billion. That period, the per capita income of cocoa producing countries was less than a $1000 where as in those processing countries, their per capita income was in double digits up to about $20,000 and this is why their standard of living are much higher in industrialised countries. For exporting primary products without value addition, we have been exporting jobs to these countries and exporting prosperity, importing unemployment to Nigeria and this is why we have the paradox of prosperity and poverty,” he added.

He said the positive gap between the growth of our GDP and our population it recorded in 2014 was a great feat, maintaining that population growth average was about 3 per cent while GDP grew about 5 per cent and at an average of 7 per cent in 2014.

“Presently, we are in trouble because population growth is still about 3 per cent while GDP is at a negative. If we are not careful, we will be committing economic suicide.

in Next OneYear, Says Enelamah Bennett Oghifo The Minister of Industry, Trade and Investment, Dr Okechukwu Enelamah has said that the federal government plans to ease the way business is done in the country.

“At the top of our vision for the Ministry is to create an enabling environment for doing business in Nigeria. We have set an agenda to move at the minimum 20 steps forward in the “Ease of Doing Business” index within the next one year,” the minister stated at the annual corporate governance conference of the Society for Corporate Governance Nigeria, held in Lagos, recently.

The theme of this year’s Conference ‘Competing in an Era of Economic Changes: Corporate Governance and Structural Reforms,’ the minister said was interesting, “especially considering my role in a government that is determined to take Nigeria through a series of very necessary and long-overdue structural reforms relating to the Economy and to Public Transparency and Accountability.”

The Federal Ministry of Industries, Trade and Investment, he said was at the very center of rebuilding the Nigerian economy. We simply regard it as the Ministry of enabling environment for the Economy.

He said, “Primarily we want to create a business environment that is devoid of unnecessary delays, toll gates, obfuscating bureaucracies and frustrations.

We want to build a business environment where all business operators within the Nigerian business space will be energized to operate at optimum capacity and efficiency within

the ambit of the laws of the Federal Republic of Nigeria.

The vision has already received Presidential approval and a Presidential council on ease of doing business in Nigeria, chaired by the Vice President has been constituted.”

Enelamah said, “We have identified that we need to expand government revenues, cut down on recurrent spending and wasteful expenditure, ramp up capital spending, and extend financial support to state governments – many of whom have been badly affected by the drop in oil prices.

We are achieving these goals through a combination of measures, including the establishment of “a public sector Efficiency Unit to cut down on wasteful spending; an ambitious infrastructure upgrade and renewal programme that will focus on the key business enablers of roads, rail, electricity and ports; a programme of stringent conditions to State Governments to ensure that they manage their resources better; a federal budget that will this year spend more than three times as much on infrastructure as was spent last year; and so on.”

On what the Structural Reform programme meant for the private sector, especially from a Corporate Governance point of view, he said, “The private sector has a lot of work to do in adapting and keeping up with the change that we are preaching and entrenching. You are of course all aware of the commitment of the President and Vice President to fighting corruption and ensuring that public funds are deployed for the benefit of the public, and not of a privileged or connected few.

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T H I S D AY • TUESDAY, COCTOBER11, 2016

PROPERTY & ENVIRONMENT ParisClimateAgreementtoEnterintoForceNextMonth The historic Paris Agreement to address climate change will enter into force next month, November 4, the United Nations has said. Nigeria is among countries that have signed the agreement to make this happen, reports Bennett Oghifo

T

he Paris Agreement, adopted on December 12, last year in Paris, marks a watershed moment in global efforts to address climate change. Adopted by 196 parties to the UN Framework Convention on Climate Change (UNFCCC) last December in Paris, the Paris Agreement’s central aim is to strengthen the global response to the threat of climate change by keeping the global temperature rise this century well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit it to 1.5 degrees Celsius.

The Agreement’s milestone...

The Paris Agreement’s entry into force was extremely swift, particularly for an agreement that required a large number of ratifications and two specific thresholds, according to those in the system.

The Agreement provides that it shall enter into force 30 days after 55 countries, representing 55 percent of global emissions, have deposited their instruments of ratification, acceptance or accession with the Secretary-General. As of now, 73 countries and the European Union have joined the Agreement, exceeding the 55 per cent threshold for emissions.

Nigeria’s percentage greenhouse gases for ratification is 0.57% and President Muhammadu Buhari signed it on September 22, this year at the United Nations General Assembly.

The requirements for entry into force were satisfied recently when Austria, Bolivia, Canada, France, Germany, Hungary, Malta, Nepal, Portugal and Slovakia, as well as the European Union, deposited their instruments of ratification with the Secretary-General.

These countries were the latest to join the Agreement this week, following New Zealand and India, and the 31 countries, including Nigeria, which joined at a special event at the UN on 21 September during the General Assembly high-

climate action that is now needed to realise a better, more secure world and to support also the realisation of the Sustainable Development Goals.”

Espinosa noted that “It also brings a renewed urgency to the many issues governments are advancing to ensure full implementation of the Agreement,” she added. “This includes development of a rule book to operationalise the agreement and how international cooperation and much bigger flows of finance can speed up and scale up national climate action plans,” she added.

L-R: UN Secretary-General Ban Ki-moon; and Minister of Environment, Amina J. Mohammed, at an event at the UN… recently

level week. In early September, the world’s two largest emitters, China and the United States, joined the Agreement, providing the impetus for other countries to quickly complete their domestic ratification or approval processes.

The Agreement will now enter into force in time for the Marrakech Climate Conference (COP 22) in Morocco on November 6, where countries will convene the first Meeting of the Parties to the Agreement. Countries that have not yet joined may participate as observers.

UN’s reaction...

“This is a momentous occasion,” said UN Secretary-General Ban Ki-moon as the latest instruments of ratification were accepted in deposit. “What once seemed unthinkable, is

now unstoppable. Strong international support for the Paris Agreement entering into force is a testament to the urgency for action, and reflects the consensus of governments that robust global cooperation, grounded in national action, is essential to meet the climate challenge.”

But he cautioned that the work of implementing the agreement still lay ahead. “Now we must move from words to deeds and put Paris into action. We need all hands on deck - every part of society must be mobilised to reduce emissions and help communities adapt to inevitable climate impacts.”

The Executive Secretary of the UN Framework Convention on Climate Change, Patricia Espinosa said, “Above all, entry into force bodes well for the urgent, accelerated implementation of

National commitment...

The Agreement calls on countries to combat climate change and to accelerate and intensify the actions and investments needed for a sustainable low carbon future, and to adapt to the increasing impacts of climate change.

Additionally, the Agreement aims to strengthen the ability of countries to deal with the impacts of climate change.

It calls for scaled up financial flows, a new technology framework and an enhanced capacity-building framework to support action by developing countries and the most vulnerable countries in line with their own national objectives. The Agreement also provides for enhanced transparency of action and support through a more robust transparency framework and a stocktaking mechanism to ramp up ambition over time.

Additionally, many countries have announced they are committed to joining the agreement this year. For a country that joins the Agreement after it enters into force, the Agreement will become binding 30 days after it deposits its instrument of ratification, acceptance, approval or accession with the Secretary-General. 191 countries have signed the Agreement, signifying their intention to join.

Previs Presents Premiere Apartments as Standard for Quality in Mid-Market

G

etting affordable quality housing in the mid-market segment of Nigeria’s real estate industry is an onerous task, the Managing Director of Previs Developments, Peter Coker has said.

According to Coker, “Avaricious developers have, over the years, become more creative in offering schemes that only look legitimate on the surface. Upon further investigation, a prospective tenant, who is smart, realises that such schemes lack substance; for others, they ignorantly part with their money and in the best instance get an unsatisfactory and low quality house in exchange.” To own a house in city centres is not for the lily livered, he said and that the burdensome process of acquiring legitimate land, securing building approval and other land documentation, as well as the cost of building and the supervisory time required, it is better to entrust it to professional developers who are trained to handle the process seamlessly.

“We have considered all the factors important to a prospective home owner,” said Coker.

“Quality, affordability, good neighbourhood, infrastructure, ease of living, security: these are some of the features of our developments. We have recently began sales in Premiere Apartments, which embodies the vision of the company to provide quality housing to Nigeria’s middle market.”

Premiere Apartments, located in Lekki Scheme 2, consists of 12 blocks of 72 3-bedroom apartments. Each apartment comes with 3 bedrooms including an en-suite master bedroom, a shared bathroom with adjoining toilet, and a guest toilet/washroom; a spacious living/dining room; and a fitted kitchen, spaces that reiterate the joy and ease of modern living.

Coker

The Estate is conveniently located close to recreational centres, shopping malls, private schools as well as a fire station. The new Shoprite mall (the largest shopping mall in Lagos with popular brands including Genesis Deluxe Cinemas, Game and Shoprite), Atican beach and the Lagos Business School/Pan Atlantic University are all within 10 minutes of the Estate.

About Pay Rent Own Property…

On the company’s rent to own initiative, he said, “Our projects are delivered through the innovative Pay Rent Own Property model which we specifically designed for the Nigerian market,” explains Adebola Seun-Ayeni, the Marketing Manager for Previs Developments. “After about 3 -4 years of reviewing and using the rent-to-own model, which incidentally seems to be the most common model for developers today, we have

successfully launched this modified plan that allows prospective home owners to own their homes while paying rent. A typical Pay Rent Own Property contract runs for about 10 - 15 years with annual rental payments that remain constant throughout the period.”

He said a distinguishing factor of this model is the documentation that we provide. A tenant enters into a contract with us that protects both parties and also explains the limitations. This means that without prior savings, and at no interest, you can own your home in Lekki or any other area in Lagos within 10 – 15 years.

In truth, it would be a fallacy for anyone, including Previs, to claim to be the pioneer of rent-to-own. This is an established model of home ownership in Europe, Australia and America.

The Lagos Homs project uses a rent-to-own model and now, the Federal Government is also adopting it. The reason for its recent proliferation in Nigeria is not far-fetched: it is simply the best model for the nation to tackle its home ownership deficit with any hope of success.

Corporate Social Responsibility…

Having used the rent to own model in the past, and in fact proposed it to the Lagos State government at a point, we thoroughly understand how this model works and can immediately identify pitfalls and scams. Not all projects labelled ‘rent-to-own’ are actually using that model. For example, a developer who requests a 30% down payment for a project and staggered subsequent payments to complete the balance 70% within 3 – 5 years is not using the rent to own model. Or a developer who may actually be an investment banker using real estate to pool funds and thus does not do a full disclosure to tenants is also not staying true to the model.

We thus offer a free consultancy and advisory

service to any rent-to-own prospect, regardless of the company offering the service. We will help ensure that you are getting the best deal possible and help you identify red herrings.

It is our desire to help mitigate the risks in rent-to-own transactions.

Partnerships in the Industry…

Seeing that the company’s mandate is to deliver 10,000 lifestyle homes to Nigerian middle class families, they recently partnered with one of the leading cement manufacturers in Africa.

Their partner, committed to making the best building and construction solutions available in the West of the continent, will be handling all concrete works for all of Previs Developments’ projects now and in the future.

“Quality is the hallmark of our projects,” said Adetokunbo Adefuye, the Projects Manager for Previs Developments. “Instead of buying up ready-made buildings where we cannot ascertain the quality of materials used, constructing our buildings gives us to the confidence to talk about our projects.”

Other projects for Previs…

“We definitely have several projects on the table apart from Premiere Apartments. Premiere Maisonettes is an upper middle class serviced estate consisting of 36 units of semi-detached town houses. This development is particularly attractive for those who value a quiet environment and privacy.

For commercial projects, Builder’s Market is our landmark development sitting on about 35,000 sqm of land in Ikota. The Builder’s Market is a massive warehouse development mainly for players in the construction industry to sell their products.

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T H I S D AY • TUESDAY, OCTOBER 11, 2016

PROPERTY & ENVIRONMENT

‘Paris will Soon Enter into Force: Now we Need to Move the Money’ As the Paris Agreement enters into force next month, the Bank of Mexico Governor, Agustín Carstens and the Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), Patricia Espinosa, in this piece, discuss the imperative of funding, as ministers of finance of countries to the Treaty end their meeting in Washington, USA, at the weekend At the recent United Nations General Assembly in New York, Secretary-General Ban Ki-moon predicted the Paris Climate Change Agreement would enter into force before 2017, announcing 60 countries had now ratified its terms. This week, the International Monetary Fund and World Bank welcome an influx of finance ministers and central bankers, to its annual meetings in Washington, DC. At first glance, these two events might appear totally unrelated.

The imminent ratification of the Paris Agreement – a global deal to keep global temperature rise below 2°C – is a huge achievement and a real triumph for multilateralism. It also focuses the mind on the next step: how the Agreement will be

implemented across the world?

Here, we get our first inkling as to why the finance ministers, central bankers and regulators meeting in Washington DC are so relevant to our story. Right now, progress is being made towards mobilizing $100 billion in annual financing flows from rich countries to developing economies by 2020. Practical implementation is also taking place on the ground. Funding from the Green Climate Fund (GCF) is helping to build resilience into coastal and urban infrastructure projects in Bangladesh, while in Tanzania over 100,000 homes now have electricity through Off-Grid Electric, a clean energy company backed by debt financing from the Million Solar Homes Fund.

Yet overall, the cost of making the transition to a low-carbon future is measured in trillions.

This quickly takes us far beyond the realm of public funds since no government – no matter how rich – can finance climate action through taxation and borrowing alone. One estimate suggests that around US $90 trillion will need to be invested by 2030 in infrastructure, agriculture and energy systems, to accomplish

the Paris Agreement.

This won’t happen without private capital and underlines why aligning the world’s financial system with the needs of climate action and sustainable development is every bit as important as emission reduction pathways and removing fossil fuel subsidies. Moreover, set against the US$300 trillion of assets – held by banks, the capital markets and institutional investors – we’re faced with a problem of allocation rather than outright scarcity.

In fact, finance ministers and central bank governors are already deeply engaged.

Those from G20 nations recently agreed a set of options to improve the ability of the global financial system to deliver green investment. One promising area is the rise of the green bond market where companies and municipalities can raise capital that is ring-fenced for priorities such as renewable energy,

building efficiency and water management. So far this year, the combined value of green bonds has grown to over $45bn, a fourfold increase from 2013.

By way of example, Mexico’s development bank, Nacional Financiera S.N.C (Nafin), issued its first $500 million green bond in November last year to finance wind energy in Oaxaca, Nuevo Leon and Baja California.

However, the world’s capital markets still do not fully incorporate climate factors when pricing assets and evaluating risk. In response, the Financial Stability Board setup a task force on climate disclosure headed by former New York mayor Michael Bloomberg. Only with better and consistent reporting will banks, pension funds – and individual investors – be able to understand how the transition to a low-carbon economy will impact investments.

In all, the total number of policy and regulatory measures to build a more sustainable financial system has more than doubled in the past five years. This is a key finding of a new report published by UN Environment. It cites that measures taken by finance ministries, central banks and regulators to promote sustainable finance have risen to 217 and now exist in nearly 60 countries.

These range from actions to steer finance towards clean energy through assessments of climate risk for insurance companies and on to roadmaps that set out how to green an entire financial system as China has just done.

These are all promising signs of positive momentum but the world’s financial architecture is still ill-equipped to deliver the necessary transformation. The national climate plans (INDCs) submitted by governments

represent a real improvement on business-as-usual but do not yet provide the signals needed to steer capital towards global climate action.

So while it is true investors are starting to measure the carbon footprint of portfolios and increase exposure to green assets, only a tiny minority has introduced comprehensive climate strategies.

The financial system clearly needs to evolve further to price environmental risks, overcome short-termism and deliver greater transparency on climate performance. Making this happen, and happen with a sense of urgency, will require different players to put in place mutually reinforcing financial policies and regulations that support the Paris Agreement. If we can get it right, private capital will respond and the trillions needed for transformation across countries will flow.

Sage Homes Launches The Palms Resort & Residences A Real Estate developer, Sage Homes has launched The Palms Resort & Residences, a luxurious, resort-cum- residential upmarket development located in the Lekki Free Trade Zone area of Lagos State.

The development, modelled on the iconic Palms Jumeirah in Dubai, will cover 5 hectares of land and feature a full range of facilities such as a mini-golf course, swimming pool, a large play area, children’s zone and exquisitely-finished one-bedroom apartments. With spectacular views of the Atlantic Ocean, the Palms Resort & Residences is, according to Sage Homes’ General Manager, Finance & Administration, Mr. Olawale Amobi, The Palms Resort is meant as a dream getaway destination from the chaotic bustle of Lagos, offering its residents the chance of creating their own personal retreat, amidst lush natural vegetation, picturesque gardens, and outdoor lounges. The Estate’s tree-lined beautifully landscaped green area is designed to attract discerning investors and intending residents who desire a good blend of nature and modern living in an upmarket gated community.

Amobi said the Palms Resort & Residences is meant to replicate the features of some of the leading international Resort-style residential developments in Nigeria, minimizing the need to, “travel abroad to experience such modern lifestyle-customized residential developments.”

“The Palms Resort & Residences,” he continued, “is conceptualised as a perfect blend of nature and modernity with many palm trees and greenery while the apartments will be equipped with features that would meet the modern lifestyle needs of its occupants.”

He added that the Palms Resorts, on completion, would be operated as a resort, with world-class facility management services to ensure that residents enjoy uninterrupted power supply, round-the-clock security, and access other bespoke services available at the estate.

He also said the new development could be used for purely residential purposes, corporate retreats, short-let by owners or as holiday accommodation as it will provide discerning residents an alternative to travelling to holiday locations outside the country to get the needed rest from the hustle and bustle of Lagos.

“In addition to the versatility it offers its prospective owners in terms of usage,” the Sage Home General Manager added “we also plan to have a minigolf course, a Country Club and an artificial lake on the Estate, giving its residents an amazing array of great lifestyle options and raising the bar in resort-style living in Nigeria.”

He said the new development, which Sage Homes plans to complete within the next two years, was also intended to provide high quality, affordable residential accommodation in the fast developing Lekki Free Trade Zone Area and is situated near the Dangote Refinery, currently under construction as well as the proposed new international airport.

Amobi also said Sage Homes has been at the forefront of developing luxurious residential accommodations in Lagos State with a number of real estate developments in choice locations in Lagos Mainland, Lekki and Ikoyi on the Island among which are Avant Court Lekki, Almond Court Lekki, and Avant Apartments, Ikoyi.

L-R: Ebonyi State Governor, David Umahi; Secretary to the State Government, Benard Odoh; Deputy Governor, Kelechi Igwe; Commissioner for Education, Prof. John Ekeh; and Chairman of the state council of the Nigeria Union of Teachers, Joseph Nweke, at the commissioning of NUT House in Abakaliki... recently

Umahi Chides Engineers for Poor Supervision of Projects Ebonyi State Governor, David Umahi has charged members of the Nigeria Society of Engineers (NSE) in the state to adhere to the ethics of the profession by ensuring that projects are done to specifications.

He gave the charge when he received in audience, the executive members of the state branch at of the NSE at the Government House, Abakaliki, recently.

Umahi, who expressed displeasure over poor supervision of projects by resident engineers, warned that any state engineer that failed to be on project site where other workers and contractors are present would lose his job.

Umahi, an engineer, said, “Let me report to you that I am very disappointed with our resident engineers, and I have made up my mind that any engineer being paid by the state who is not on site when I visit will be dismissed from the civil service.

“It is unfortunate that some engineers will be given an opportunity to go and supervise a project but they will be there

and some workers will be using wrong mixture of concrete, less asphalt and less thickness of stone base. As a governor, I cannot be everywhere. It’s sad that such people call themselves engineers.

“Let me warn again that any site I visit and the workers and the contractors are on site even on Sunday and the engineer is not there, I will order the dismissal of that engineer.”

The governor, who enjoined the NSE to be alive to its responsibilities, urged it to partner the government in checking quackery in the profession.

He announced that he had initiated a process to stamp out quacks in the engineering profession in the state, stating that the government would make a law prohibiting building of storey buildings not well-designed by professional engineers.

“I have initiated a process to stamp out quacks. Any storey building that is not properly designed and okayed by professional engineers will not be allowed to stand,” the governor said.

The state Chairman of the NSE, Dr. Nweke Ukpai, in his opening remarks, said they were at the Government House to

extol Governor Umahi for his modest achievements and to let him know the challenges facing the body.

Buildmacex Exhibition 2016 Holds in Lagos The annual Buildmacex Conference and Expo, a major event for those in the business of building, is here again. The three day event, which will hold from October 18-20, 2016, will see key-players in the industry, in attendance at The New Exhibition Centre, Eko Hotels & Suites, Victoria Island, Lagos.

The annual exhibition serves as an integrated platform of opportunities, where visitors and participants meet directly annually with manufacturers, government agencies and top distributors in the industry.

According to the Managing Director of Atlantic Exhibition, Mr Ayodeji Olugbade, the organisers of the exhibition, this year’s exhibitors will

come from Turkey, UAE, China, lndia, United Kingdom, Lebanon, America, Ukraine, Nigeria and many other countries, to showcase quality products of building materials, machineries, construction and interior designs. The exhibition is opened to the professionals of the industry like architect, quantity surveyors, interior designers, builders, distributors, wholesalers and retailers.

Olugbade added that the reason for the exhibition is to promote the building and interior sector in Nigeria and West Africa. The exhibition will also create avenues for questions from experts in the industry on building collapse in Nigeria, how to determine the best materials for building.

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T H I S D AY • TUESDAY, OCTOBER 11, 2016

PROPERTY NEWS

Ebonyi, Chinese Company Partner on 10MW Solar Power Plant Ebonyi State Government has sought partnership with a Chinese firm, CAMC Engineering Company Ltd, in the area of power, agriculture, mining, manufacturing and health.

Governor David Umahi, while receiving a delegation from UNIDO and CAMCE at the Governor’s Lodge in Abakaliki on Wednesday, said “On the issue of power, hospital, mining, agriculture, industry we are very much interested.”

He specifically told the officials of the Chinese company led by the Director-General, Yu Tao, that his administration would be highly delighted if they could build a 10MW solar plant in the state.

“We will like if we can get like 5MW to 10MW solar plant to light up the streets in our towns. This is very important to us because we need to extend business hours and check crimes in the state,” the governor said.

Umahi, who described Chinese investors as very reliable and dependable, thanked the United Nations Industrial Development Organisation for being another strong development partner assisting the state in various sectors like Rice mills, ICT and provision of medical solar lamps.

Adding that the Chinese are very prudent in management, he assured all intending investors of safety and conducive environment.

His words, “We find it very fascinating working with the Chinese because they are very serious-minded people.

They are not extravagant.

When I gave some bridges to some Chinese to build for us, they brought certain kinds of equipment. So people started texting me, asking ‘are these not multinational companies?

Why is it that their equipment are not reflecting this?’

“I said to them wait for them to start work and see what they will produce. And so when they started, people, including some in government, began to wonder that a company that can do quality jobs like Julius Berger is in Ebonyi State.”

Umahi, who had earlier noted the giant strides of his administration particularly in the provision of electricity and street lights across the state, described Ebonyians as very honest and hardworking people.

He however told the team which was led to the meeting by the UNIDO Country Representative, Dr. Chuma Ezedinma and the Managing Director of UrbanTech Engineering Ltd, Kingsley Agha, that they needed to quickly tidy up all arrangements to enable them start work on the power, agriculture, mining, manufacturing and health sectors.

He added, “Let me mark it that the only bad behaviour we have is that we are very much in a hurry. We have no patience at all when it comes to development. We don’t want projects that will be on the table for six months before takeoff. We want to start moving as quickly as possible.”

National Bio-Safety Seeks Collaboration with EHORECON on Pollution Control Fadekemi Ajakaiye Concerned by the growing food poisoning and diseases in the country, the Registrar of the Environmental Health Officers Registration Council of Nigeria (EHORECON), Dominic Abonyi has revealed that Environmental Health Officers will always ensure the pursuit of food safety through non-contamination or pollution.

The Registrar stated this when the Chief Executive Officer of the National Bio-safety Agency paid him a courtesy visit in Abuja, recently. According to Abonyi, the Council has great interest in bio-technological approach to disease prevention and control, adding that in as much as National Bio-safety could help people in food production and help people in vaccine production also in health, then, “the Council can derive benefit in rolling back all the diseases that are scourging man through environmental insults.”

He opined that the primary mandate of the Council is to determine who could be called an environmental health practitioner and that the Council keeps a register of practitioners and facilitate training and certification of such individuals and also monitors the practice and regulates it for

the betterment of man.

Earlier, the Chief Executive Officer, National Bio-safety Agency, Mr. Rufus Ebegba said theirs was to ensure that the practice of modern biotechnology does not have adverse impact on the conservation and sustainable use of biological diversity.

According to the Bio-safety boss, when looking at the issue of environment “it is to ensure that genetically modified organisms do not become super organism and are not created to distract the environment by applying the ecosystem.”

He explained that the role of the Agency was to regulate and ensure that the law was complied with, to this regard, and by extension, the law and the Act has created an enabling environment for Nigerian scientist to use bio-technology to improve the agricultural sector and also to produce raw materials for industrial purposes. It also enables the medical field to also get novel materials that can be used to enhance the medical field to produce drugs like the insulin, being used for diabetes.

Ebegba, however, revealed that the same process could also be used to develop plants that could be kept to ameliorate the impact of climate change and to also produce plants that could survive in drought-prone areas.

Earlier, Ezedinma who introduced the delegation, said he was pleased with Governor Umahi’s efforts to develop the state. He mentioned the

5MW Rice Husk Power plant as one area the governor had consistently been on his neck to get started.

Also, Agha, who gave

reasons for the visit, praised Engr. Umahi and Ezedinma for their desire to open up the South-East to the rest of the world. He asked Governor

Umahi to visit the head office of CAMCE in China for a firsthand information on the capacity and capability of the Chinese engineering giant.

Ebonyi State Governor, David Umahi signing a bill on renewable energy in Abakiliki...recently

OPIC Advises Prospective Toll Gates and Proper Buyers of Land to Conduct Highway Maintenance Checks As the name goes, Toll Gates are on a long term contract could

Estate practitioners, industrialists and other prospective buyers of landed properties in Ogun State have been advised to always conduct proper checks before committing funds and developing the property.

The Special Adviser/Managing Director, Ogun State Investment Corporation (OPIC), Mr. Babajide Odusolu gave the advice while on an inspection of OPIC Estate, Agbara/Igbesa where massive encroachment were discovered at the boundaries of OPIC’s Estate.

Odusolu said only proper title checks could promote safe, secure, genuine land purchase and building approvals.

The Managing Director ordered OPIC surveyors and managers to regularly conduct inspection patrols and keep surveillance of OPIC lands.

He enjoined staff to be on the alert to promptly prevent encroachment.

In line with this directive, OPIC Management had worked out an efficient supervisory method that would ensure effective security of OPIC investments and opportunities, and also to streamline sales of OPIC land application forms to members of the public to guard against abuse, illegal allocation and encroachments of diverse nature.

OPIC is thus undertaking ratification exercise on punitive terms alone, he said. “Anyone who genuinely proves to have unwittingly purchased land from illegal land grabbers would be required to ratify such, paying a penal rate of 25% premium on OPIC’s prevailing rates.”

In addition, OPIC is introducing a registry for building material suppliers on its Estates to have proper monitoring.

On the development of illegal structures at OPIC’s

Agbara Estate, Odusolu directed the enforcement team of the organisation to embark on a full scale demolition exercise of all structures illegally built on lands in OPIC Estate, Agbara/ Igbesa.

The team had previously marked for demolition, structures built on such illegally acquired lands and others flouting the Corporation’s allocation and planning regulations.

The Managing Director gave this order during an official tour of OPIC Estate, Agbara/ Igbesa where he inspected area 1 (Jubilee Park/residential area), Areas 2 and 3, and the Agbara – Ijanikin Lagoon link.

He condemned the activities of illegal occupants/private estates, block making industries and illegal trailer parks, which are considered as serious sources of revenue leakages and economic sabotage in the State.

“Purchasing government lands from ‘land grabbers and speculators’ is economic sabotage.

One of the cases investigated revealed that a suspect who ought to have paid N400 million to the Government coffers chose to patronize the fraudsters, paying just 10 per cent of what was due to the State.”

He lamented that despite the efforts made via the mass media to warn and educate the public and the ’land grabbers’ to desist from encroaching on government lands they were adamant. He however stressed that victims of illegally acquired land and structures who might be found to have acquired the land unknowingly will be accommodated on punitive terms but those found to have intentionally opted to defraud the government will be apprehended, and handed over to the law enforcement agents for prosecution.

structures created at the entrance and exit point of highways to facilitate the collection of the fee charged the vehicles that use the highway. The money collected at these points on the long run serves the government to recuperate a percentage of the cost of constructing the highway. On the short run, it provides some of the fund needed to carry out proper maintenance of the highway and related infrastructure.

The structure of Toll Gates had always been present on our roads until the OBJ Government decided to abolish this very important arrangement.

Certainly there must have been some cogent reasons that motivated the abolition but some positive minded Nigerians feel that what ever error would have been better corrected and the structure repositioned for improved services and increased yields.

Some go further to argue that it has become a clear case of the purnishment being more injurious to our nation than the error itself. We must be truthful to ourselves to realize that in this period of reduced income from crude oil sales, we have to source funds outside the government coffers to fund some categories of our pressing infrastructure needs. That many of our major and minor highways require complete rehabilitation is a plain truth.

Looking at the problem from a bigger picture, the solution can come up if the government takes the bold step to initiate serious dialogue with major road construction companies in Nigeria to get their input on the way out of the deadlock.

For instance, a bargain where the road construction companies administer the toll collection and remit an agreed percentage of the proceeds to the government

spur them to agree to take up the road rehabilitation and maintenance task. Under this well defined legally binding agreement, the Federal Ministry of Works and the qualified Construction Companies will delineate rehabilitation and maintenance project modality and targets; agree on time limits and project supervising modality.

If this arrangement is rightly designed by specialists in the subject and implemented with deserved sincerity (corruption loopholes firmly blocked) will definitely yield the positive results that will encourage State Governments to apply the system to better their state road infrastructure.

Road accidents occur regularly on our highways across the country and in most of the cases the bad road condition happens to be a major contributing factor.

Bringing back a restructured Toll Gates infrastructure will help reduce accidents on our roads as well as yield a fraction of the much needed revenue to the government.

Other benefits include improved control of robbery and other misconducts on the highway through the positioning of appropriate technology and equipment at strategic positions.

Swift response to road accident victims will definitely bring about corresponding decrease in avoidable loss of life. The establishment of better vehicle maintenance workshops, modern day truck parks and vehicle towing responses are some of the numerous benefits that this reinvention of the Toll Gate structure will introduce as the structure matures.

Mark Neboh (Geom – Italy) Italiann Language Interpreter and Author of the scam novel: The Godfathers of Scam.

Email: mcneboh@gmail.com

T H I S D AY TUESDAY OCTOBER 11, 2016

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TUESDAY OCTOBER 11, 2016 T H I S D AY

TUESDAY OCTOMBER 11, 2016 • T H I S D AY

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INTERNATIONAL

email:foreigndesk@thisdaylive.com

Wall Street Rises as Clinton Seen Winner of Second Debate Trump vows to jail Hillary if he wins White House Wall Street rose yesterday morning amid gains across most sectors, driven by oil prices, and as Democrat Hillary Clinton was widely seen as the winner of the second presidential debate.

A Clinton presidency would be more positive for the markets because her positions are more well known than those of her Republican rival Donald Trump, according to a Reuters poll.

A CNN/ORC snap poll of debate watchers found that 57 percent thought Clinton won the encounter, versus 34 percent for Trump.

A defiant Donald Trump on Sunday attacked former President Bill Clinton for his treatment of women and vowed, if he won the White House, to put Hillary Clinton in jail for operating a private email server while U.S. secretary of state.

In a contentious town-hall debate, Trump, the Republican presidential candidate, said he would appoint a special prosecutor to look into his Democratic rival’s email use because she had endangered national security during her tenure as President

Barack Obama’s chief diplomat from 2009-2013.

The 90-minute debate got off to a chilly start when the two candidates for the quickly turned into an acrimonious discussion of a 2005 video that emerged on Friday in which Trump was heard using vulgar language and talking about groping November 8 election greeted each other without the traditional handshake. It women without consent.

Trump said he was embarrassed by the video but dismissed it as “locker room talk.” President Bill Clinton had done worse to women, he said. “Mine are words and his are action,” said Trump, who appeared before the debate with women who have accused Bill Clinton of sexual misconduct. In the debate, Trump also accused Hillary Clinton of going on the attack against women who had alleged sexual misconduct by her husband, president from 1993-2001.

Hillary Clinton responded that Trump’s comments showed he was unfit for the White

House. “He has said the video doesn’t represent who he is but I think it’s clear to anyone who heard it that it represents exactly who he is,” Clinton said.

Trump also went on the attack against Clinton over her private email server, saying: “You ought to be ashamed of yourself.”

Clinton said, “You know it’s just awfully good that someone with the temperament of Donald Trump is not in charge of the law in this country.” Trump shot back: “Because you’d be in jail.”

A nearly year-long FBI investigation into the emails concluded earlier this year without charges being filed, although FBI Director James Comey said Clinton had been careless in her handling of sensitive material.

Clinton insisted there was “no evidence” that her server had been hacked and that any classified information had ended up in the wrong hands. “I take classified material very seriously,” she said.Trump said: “You said it was fine to delete 33,000 emails.

I don’t think so.”

Eight Nigerians to Benefit from Australian Scholarship Zacheaus Somorin Eight Nigerians are set to benefit from full Masters scholarships granted under the Australia Awards – Africa program starting January 2017. They are part of 144 awardees competitively selected from 11 African countries.

In preparation to live and study in Australia, the Australian Government will host a two-day workshop in Abuja for the Nigerian recipients. The workshop will provide an opportunity for the Award recipients to gain valuable advice on adapting to the new culture they are going to experience, excelling in the various courses, and developing professional networks and linkages.

The forum will also explore the awardees plans to use their newly acquired skills and knowledge to contribute to their countries’ development outcomes at the

completion of their studies.

With a reinforced skill set, coupled with a passion and will to serve the African people, the Awardees will join a network of over 300 Alumni that continue to make significant contributions in sectors critical to Nigeria’s economic development such as agricultural productivity, extractives and public policy.

The pre-departure briefing will culminate in an evening reception hosted by the Australian High Commissioner to Nigeria, Paul Lehmann, on Thursday. Members of Australia’s Department of Foreign Affairs and Trade as well as Alumni and government officials in Nigeria will be in attendance.

“The award recipients have demonstrated the leadership potential necessary to advance development in Africa. Indeed, we are delighted that through our Australia Awards program,

their talent and expertise will be nurtured and that they will be in a position, on their return home, to make an important contribution to national and regional development,” Lehmann.

Australia Awards – Africa is a program of the Australian government that provides postgraduate training opportunities for African professionals. The application process is open and competitive, providing equal opportunity regardless of gender, ethnicity or disability.

The Australian Government strongly encourages applications from women and persons with disability. Mechanisms are in place to support the participation of applicants and Awardees requiring assistance. The latest round of Australia Awards Scholarships and Short Courses closes on 15 December 2016 and 15 January 2017, respectively.

South Sudan: Rebels Kill 21 Civilians in Ambush Rebels attacked trucks carrying civilians in South Sudan, killing 21 people, the government said, as violence between rival forces loyal to President Salva Kiir and his former vice president risks dragging the country back into civil war.

The United Nations Mission in South Sudan (UNMISS) said in a statement on Monday it had received reports of horrific violence being perpetrated against civilians in Central Equatorial State and urged both rebel and

government commanders to control their forces.

The government said on Monday 21 civilians were killed, some burned to death, and about 20 wounded when rebel gunmen ambushed their vehicles on a road connecting Yei town, in Central Equatorial State, to the capital Juba on Saturday. Jacob Lem Chan, a local government official, said four trucks were ambushed and victims were burned and shot at.

“These are SPLA-IO force ...

who laid the ambush,” Chan said, referring to former vice president Riek Machar’s rebel movement. “We have confirmed 21 dead, and about 20 casualties were admitted in the hospital,” Chan said, adding one truck was burnt with victims inside.

Dickson Gatluak Jock, military spokesman for SPLM-IO, denied its forces had carried out the attack and said it directed attacks against military installations only. “We are not intending to harm civilians or to kill them,” he said.

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T H I S D AY •TUESDAY, OCTOBER 11, 2016

BUSINESS/MONEYGUIDE

Moody’s: Top Five Nigerian Banks Face Credit Challenges Obinna Chima

While Nigeria’s five biggest banks share common credit challenges related to the slowdown in Nigeria’s oil and gas dependent economy, their ability to withstand weak economic growth and volatile monetary conditions varies, one of the global rating agencies, Moody’s Investors Service said in a report yesterday.

The banks - Zenith Bank Plc, Guaranty Trust Bank Plc, Access Bank Plc, United Bank for Africa Plc (UBA), and First Bank of Nigeria Limited, have all been affected by the weakening domestic operating environment following the prolonged period of lower oil and gas prices, it stated.It further pointed out the more challenging environment, coupled with Moody’s view of the high likelihood of support from the Nigerian government, largely explains its narrow range

of issuer ratings of the five banks.

“However, despite shared credit challenges, there are differences among the banks in terms of their respective abilities to withstand weak economic growth and volatile monetary conditions, which are reflected in their differing baseline credit assessments (BCAs) that range from b1 to b3,” a Moody’s Vice President Senior Analyst and co-author of the report, Akin Majekodunmi added.

“Overall, Moody’s views Zenith and GTBank as best placed to cope, followed by Access and UBA, and then FBN.” The publication of the peer comparison report followed Moody’s announcement on 15 September that the ratings agency had assigned first-time ratings to Zenith, GTBank, UBA and FBN, which account for approximately 48 per cent of Nigeria’s banking assets.

Looking across the whole of the

Nigerian banking sector, Moody’s expects non-performing loans (NPLs) to increase to around 12 per cent over the next 12 months, compared to the five per cent as of December 2015 recorded in central bank data. The forecast rise in NPLs stems from lower oil prices, a weakening naira, slower GDP growth and rising inflation.

“Likewise, the agency expects foreign currency deposits, which have fallen around 30 per cent since the start of 2015, to stabilise over the next 12 to 18 months as the impact of lower oil prices and the central bank’s adoption of a Treasury Single Account fades.

“Moody’s expects lossabsorbing capital buffers to hold steady on account of muted loan growth of around 5-10 per cent over the next 12 to 18 months.

However, as a result of this weak loan growth, net interest income and fee and commission income will remain depressed.

NDIC to Extend Deposit Insurance Scheme Soon The Nigeria Deposit Insurance Corporation (NDIC) said on Monday it would soon extend its Deposit Insurance Scheme (DIS) course to other higher institutions of learning.

The News Agency of Nigeria (NAN) reported that NDIC’s Director of Administration, Mrs. Christiana Efabor, said this in Abuja.

Efabor stated that the corporation is working closely with the Nigeria University Commission (NUC) to foster better understanding of the corporation’s mandate to students and the general public.

He said: “The introduction of the course is aimed at enhancing undergraduates’ knowledge of deposit insurance practices and the importance of NDIC’s role

in the banking system.

“Our collaboration with NUC is all about education, capacity building, and literacy.

“We want people to know about what we do and because of that, we have started a curriculum with the universities on Deposit Insurance Scheme “We have been able to graduate a set at the Ahmadu Bello University (ABU), Zaria, and the program is on at the University of Benin, University of Nigeria, Nsukka, and the University of Lagos.“The other universities undergoing the programme are Obafemi Awolowo University, Ile-Ife; Bayero University, Kano; and the University of Ibadan.

“When we have successfully carried out the programme we are doing in these universities,

we will then extend the program to other universities.”

NAN reported that three 300 levels students of the Ahmadu Bello University who emerged emerged top of the class in the Fundamentals of Deposit Insurance course were given cash awards by NDIC. N200,000, N150,000, and N100,000 were awarded to the first, second, and third best students respectively.

Speaking on wonder banks’, Ibrahim said the institutions were not regulated by the corporation because they had not been licensed by the Central Bank of Nigeria (CBN).“We do not regulate them because they are not licensed; we only regulate financial institutions that are licensed by CBN.

Zenith Bank Donates Ultra-modern ICT Centre to UNN In demonstration of its vision to partner with the critical sector of the Nigerian economy, Zenith Bank Plc, over the weekend, donated an ultra-modern ICT Centre to the University of Nigeria (UNN), Nsukka.

The centre parades, among other state-of-the-art facilities, two e-learning training halls equipped with over 200 computer sets and training facilities, an exhibition and training halls, conference hall, server/online facilities, Wi-Fi facility, executive offices for the Centre’s director and other officials.

Speaking at the project’s commissioning last Friday, the elated Vice Chancellor of the university, Prof Benjamin Ozumba, who led the university’s management team,

commended Zenith Bank’s management for the project, which he said, came at a very auspicious moment when the university was planning to roll out an incubation park to drive the university’s entrepreneurship aspirations.

The VC who described Zenith Bank as “a genuine partner in progress”, said the Centre was the first of its kind in the South eastern part of Nigeria adding that it would impact the university community positively, especially in the areas of learning and research.

While calling on other private organisations to emulate Zenith Bank’s gesture by exploring other areas of partnership with the university or indeed, other universities in Nigeria

generally, the VC said, with the event coinciding with the 56th Founders’ Day ceremonies of the University, it had become evident that the dreams of the founding fathers of the university were being fulfilled.

Speaking earlier, the representative of the bank’s Group Managing Director/ Chief Executive, Mr. Peter Amangbo, who is the Zonal Head of the Bank; Enugu/Ebonyi Zone, Mr. Ifeanyi Dike, was quoted in a statement to have said the centre was part of the bank’s corporate social responsibility, aimed at boosting e-learning and impacting quality research by the university that would, in turn, positively impact the rest of society and humanity at large

‘NESH is Passionate About Promoting Entrepreneurship’ Olaseni Durojaiye An initiative that would further deepen entrepreneurial pursuit and entrepreneurship in the country while at the same time encouraging government at the state level to put in place

infrastructures that will improve ease of doing business in the various states has been born with the introduction of Nigeria Entrepreneurship Summit and Honours (NESH). NESH which fashioned as a result oriented action based knowledge share

and advocacy initiative will also monitor high impact projects initiated by entrepreneurs with a view to encourage timely completion and annually review government policies as they affect businesses operating in the country and entrepreneurs.

CBN Governor, Godwin Emefiele

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

20

120.47

120.47

Stanbic IBTC Ethical

1

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

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

OPEC DAILY BASKET PRICE AS AT TUESDAY 27, SEDPTEMBER 2016 The price of OPEC basket of fourteen crudes stood at $42.30 a barrel on Tuesday, compared with $42.16 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

35

T H I S D AY • TUESDAY, OCTOBER 11, 2016

Nigeria’s top 50 stocks based on market fundamentals

10-Oct-16

7-Oct-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

Table 1 Market Statistics Mkt Indicators

Open 7-Oct-16

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

27,835.22 9.56

27,925.00 9.59

0.32% 0.32%

115.54 9.00

115.89 9.02

0.30% 0.30%

01 Dangote Cement Plc

183.00

183.00

0.00%

3,118,412,855,115.00

9.56

19.14

5.76

4.37%

4.58

02 Nigerian Breweries Plc

148.01

145.80

1.52%

1,173,586,222,432.88

4.50

32.92

3.92

2.43%

7.21

03 Guaranty Trust Bank Plc

23.90

23.45

1.92%

703,405,183,453.60

4.20

5.69

1.96

7.41%

1.55

800.00

800.00

0.00%

634,125,001,600.00

19.41

41.22

3.82

3.63%

18.02

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

05 Zenith Bank Plc

14.55

14.23

2.25%

456,818,984,586.30

3.10

4.69

1.09

12.37%

0.74

Table 3 Top 5 Gainers

06 Lafarge Africa Plc

49.00

47.20

3.81%

223,190,188,690.00

-6.71

-7.30

1.00

6.12%

1.59

Stock

159.69

159.90

-0.13%

207,993,207,338.07

4.22

37.84

1.41

2.16%

4.85

11.16

11.10

0.54%

204,780,991,559.40

0.23

48.57

0.38

5.56%

0.34

350.01

350.00

0.00%

193,664,142,653.13 -14.43

-24.26

2.07

4.55%

0.51

10 Unilever Nigeria Plc

45.90

45.90

0.00%

173,653,297,875.00

0.46

99.26

2.85

0.11%

19.49

11 Stanbic IBTC Holdings Plc

17.05

17.05

0.00%

170,500,000,000.00

2.04

8.37

1.44

0.59%

1.52

Table 4 Top 5 Losers

12 Presco Plc

40.20

40.00

0.50%

159,613,177,209.00

0.03

2.24

3.23%

3.82

Stock

13 Access Bank Plc

5.44

5.40

0.74%

157,368,165,672.64

2.56

2.12

0.46

10.11%

0.37

14 United Bank for Africa Plc

4.10

4.17

-1.68%

148,746,057,920.20

1.66

2.47

0.47

14.63%

0.36

15 Guinness Nig Plc

79.83

88.45

-9.75%

120,215,054,048.04

-1.34

-59.63

1.18

4.01%

2.89

16 FBN Holdings Plc

3.10

3.10

0.00%

111,275,407,655.20

0.30

10.17

0.22

4.84%

0.18

17 7-Up Bottling Comp. Plc

158.00

158.00

0.00%

101,213,277,354.00

3.75

42.15

1.14

1.39%

3.92

18 Total Nigeria Plc

287.00

287.00

0.00%

97,442,767,219.00

31.13

9.22

0.40

4.88%

4.62

6.35

6.38

-0.47%

76,200,000,000.00

1.05

6.05

0.63

7.87%

1.28

185.00

191.72

-3.51%

66,710,123,470.00

17.69

10.46

0.81

3.89%

3.88

19.99

19.95

0.20%

65,852,043,107.20

0.17

114.59

2.64

1.25%

5.34

5.35

5.40

-0.93%

64,385,211,082.90

-3.46

-1.55

0.34

14.02%

0.47

23 Flour Mills Nig. Plc

21.00

21.05

-0.24%

55,108,980,927.00

6.81

3.09

0.15

9.52%

0.55

24 Julius Berger Nig. Plc

40.00

40.00

0.00%

52,800,000,000.00

0.24

165.22

0.51

3.75%

2.35

25 U A C N Plc

21.05

21.05

0.00%

40,434,195,346.35

2.44

8.63

0.56

4.75%

0.55

1.01

1.03

-1.94%

39,108,207,399.25

-0.37

-2.71

0.86

0.00%

0.51

27 Okomu Oil Palm Plc

40.11

40.11

0.00%

38,261,330,100.00

4.60

8.73

3.11

0.25%

2.46

28 Cadbury Nigeria Plc

16.49

16.49

0.00%

30,971,551,639.60

0.83

19.97

1.12

7.88%

2.49

29 Sterling Bank Plc

1.06

1.06

0.00%

30,517,843,213.56

0.31

3.43

0.29

8.49%

0.36

30 Diamond Bank Plc

1.20

1.27

-5.51%

27,792,466,761.60

0.11

10.88

0.13

0.00%

0.12

31 Fidelity Bank Plc

0.90

0.94

-4.26%

26,066,327,122.80

0.39

2.31

0.18

17.78%

0.14

32 Wema Bank Plc

0.62

0.63

-1.59%

23,916,168,970.22

0.06

9.83

0.49

0.00%

0.51

33 Custodian And Allied Insurance Plc

4.00

4.00

0.00%

23,527,456,780.00

0.76

5.26

0.70

3.50%

0.84

33.25

33.25

0.00%

23,275,000,000.00

2.36

14.10

3.35

3.46%

15.94

1.17

1.16

0.86%

23,169,171,613.77

0.61

1.91

0.14

8.55%

0.13

18.40

19.00

-3.16%

22,004,127,379.20

-2.54

-7.24

0.75

1.63%

2.41

37 National Salt Co. Nig. Plc

8.00

8.05

-0.62%

21,195,507,024.00

0.89

9.03

1.17

6.88%

3.07

38 Mansard Insurance Plc

2.00

2.00

0.00%

21,000,000,000.00

0.27

7.36

1.09

2.50%

0.99

39 PZ Cussons Nigeria Plc

18.64

18.64

0.00%

18,640,000,000.00

4.14

4.50

1.40

0.54%

0.56

40 Continental Reinsurance Plc

1.00

1.00

0.00%

10,372,744,312.00

0.33

3.04

0.50

12.00%

0.54

41 Honeywell Flour Mill Plc

1.30

1.31

-0.76%

10,309,256,955.40

-0.40

-3.22

0.21

12.31%

0.63

42 Skye Bank Plc

0.63

0.66

-4.55%

8,744,589,888.30

-2.93

-0.21

0.05

47.62%

0.08

43 Unity Bank Plc

0.71

0.74

-4.05%

8,299,429,938.82

0.54

1.31

0.13

0.00%

0.10

44 Cement Co. Of North.Nig. Plc

5.70

6.00

-5.00%

7,163,063,266.20

0.44

12.87

0.65

1.75%

0.66

45 UACN Property Development Co. Limited

3.95

3.95

0.00%

6,789,062,480.25

-0.05

-75.76

2.01

17.72%

0.19

46 Wapic Insurance Plc

0.50

0.50

0.00%

6,691,369,126.00

0.11

4.62

0.88

6.00%

0.43

47 Resort Savings & Loans Plc

0.50

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

48 Nigerian Aviation Handling Company Plc

3.30

3.25

1.54%

5,359,921,875.00

0.15

21.40

0.67

6.06%

0.87

49 AIICO Insurance Plc

0.65

0.65

0.00%

4,504,632,912.00

0.26

2.49

0.14

7.69%

0.48

50 Fidson Healthcare Plc

1.66

1.66

0.00%

2,490,000,000.00

0.31

5.42

0.37

3.01%

0.39

04 Nestle Nigeria Plc

07 Forte Oil Plc. 08 Ecobank Transnational Incorporated 09 Seplat Petroleum Dev. Co. Ltd

19 Dangote Sugar Refinery Plc 20 Mobil Oil Nig Plc 21 International Breweries Plc 22 Oando Plc

26 Transnational Corporation Of Nigeria Plc

34 Cap Plc 35 FCMB Group Plc 36 Glaxo Smithkline Consumer Nig. Plc

TOTAL

9,023,328,631,274.88

TOTAL MARKET CAP

9,591,686,046,299.60

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

94.07%

Close 10-Oct-16

Open 7-Oct-16

Lafarge Africa Plc Zenith Bank Plc Guaranty Trust Bank Plc Nigerian Aviation Handling Company Plc

47.20 14.23 23.45 3.25

Open 7-Oct-16

Guinness Nig Plc Diamond Bank Plc Cement Co. Of North.Nig. Plc Skye Bank Plc Fidelity Bank Plc

88.45 1.27 6.00 0.66 0.94

Change %

Close Change 10-Oct-16 % 49.00 14.55 23.90 3.30

3.81% 2.25% 1.92% 1.54%

Close Change 10-Oct-16 % 79.83 1.20 5.70 0.63 0.90

-9.75% -5.51% -5.00% -4.55% -4.26%

Market opens the week positive as Index gains 0.32% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, October 10th, 2016 ended on a positive note as the stock market closed green today. This was further highlighted by positive performances from the NSE Sub sectors: Banking and Consumer Goods (Save Oil & Gas and Insurance). Trading activities decreased in volume as 171.46 million shares worth of N1.73 billion in 3,045 deals exchanged hands today. This is a decrease from the 200.84 million shares worth of N921million in 3,048 deals which exchanged on Friday. Topping in volume terms was Zenith Bank Plc, Guaranty Trust Bank Plc and FCMB Group Plc, while Guaranty Trust Bank Plc and Zenith Bank Plc ended trading as the most active stocks in value terms.

The All Share Index (NSEASI) closed positive with 0.32% (+89.78) increase to close at 27,925.00 from 27,835.22 the previous trading day. Market Capitalization appreciated in tandem to N9.59 trillion from N9.56 trillion of prior trading day.

Similarly, the Thisday BGL 50 Index followed suit with an increase of 0.30% to close at 115.89 from 115.54 recorded at the end of the previous trading day, while its market capitalization stood at 9.02 trillion from 9.00 trillion of the previous trading day.

A total number of 17 stocks gained on the bourse today while 23 stocks declined, 59 leaving stocks unchanged. Lafarge Africa Plc emerged as the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 3.81% to close at N49.00 per share. It was followed by Zenith Bank Plc with a gain of 2.25% to close at N14.55 per share. Others on the gainers list include: Guaranty Trust Bank Plc, Nigerian Aviation Handling Company Plc and Nigerian Breweries Plc; while on the decliners’ list, Guinness Nig Plc led with a loss of 9.75% to close at N79.83 per share.

It was followed by Diamond Bank Plc with a loss of 5.51% to close at N1.20 per share. Others on the decliners list include: CCNN Plc, Skye Bank Plc and Fidelity Bank 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

36

T H I S D AY •TUESDAY, OCTOBER 11, 2016

MARKET NEWS

Stakeholders Call for Robust Companies and Allied Matters Act Goddy Egene and Nosa Alekhuogie Financial experts have called for a robust Companies and Allied Matters Act (CAMA) that should promote cooperation among stakeholders and ensure corporate governance.

The experts spoke during a workshop in Lagos organised

by Joint Shareholders Association (JSA) to discuss the bill

to amend the CAMA, which is currently being exposed by the Corporate Affairs Commission (CAC).

A shareholder activist and Head of Chambers at O.S Ephraim Oluwanuga & Co, Mr. Sola Ephraim-Oluwanuga said shareholders associations should not subdued in the proposed CAMA. According to him, the shareholders associations have come

to stay, noting that though they have their challenges but the challenges would be surmounted.

He urged the Corporate Affairs Commission (CAC) to take a second look at some of the proposed amendments and ensure they do not form another layer of compliance, which will disturb the ease of doing business in Nigeria.

“The CAC should lay more

emphasis on oversight rather than getting into the arena of operations. It should measure the risk and cost of amendment vis-à-vis the benefit derivable”, he said.

However, he advised the shareholders association to quickly set up a governance structure to address perceived weaknesses otherwise it will be left behind.

In his own presentation,

Professor Ige Bolodeoku of the University of Lagos argued that the proposed reform reflects some improvement on the shortcomings of the existing framework.

He said: “Its empowerment of shareholders as the only members of the committee is unarguably aimed at protecting the interest of the shareholders.”

Bolodeoku also pointed out

that there are many areas left unattended to which may eventually undermine the intended value the proposal is designed to add.

A Senior Advocate of Nigeria (SAN) an experienced corporate lawyer, Mr. Anthony Idigbe said the amendment that makes shareholders as the only members of audit committee should be reviewed.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

37

T H I S D AY • TUESDAY, OCTOBER 11, 2016

MARKET NEWS

Asset Managers Plan to Float Funds for Sukuk Instruments Goddy Egene Asset/fund managers operating are gearing up to float funds that will target Sukuk, a non-interest equivalence of bonds, THISDAY checks have revealed. While the Nigerian conversional bonds market has been very active in recent years, the Sukuk segment has remained untapped despite its huge potential. Osun State is the only state that has issued a Sukuk, through which it raised N11.4 billion in 2013.

More states are eyeing the

market, while the federal government is planning to issue a major Sukuk in the first quarter of 2017. Last week, the Central Bank of Nigeria (CBN) released guidelines for granting asset status to Sukuk instruments issued by state government.

Before now, the Securities and Exchange Commission (SEC) and Debt Management Office (DMO) have been working to ensure that Sukuk gains traction.

Market sources told THISDAY on Monday that given these developments, some fund and

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager.

Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return.

An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

asset managers are preparing to float mutual funds that will take advantage of the Sukuk instruments.

“I can confirm to you that very soon funds targeted at Sukuk will be floated because the market is set to witness a major deepening,” a source said.

SEC at the weekend commended the release of guidelines for granting asset status to Sukuk by state governments.

According to SEC, the issuance of the guidelines is a major milestone for Nigeria as it

floor of the Nigerian Stock Exchange.

A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg.

Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange.

GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 07-Oct-2016, unless otherwise stated.

will catalyse the development of non-interest capital market products.

SEC added that the release of these guidelines follow diligent advocacy efforts from the Capital Market Committee (CMC) on the need to grant liquidity status to Sukuk in order to bolster its appeal as a product for both issuers and investors alike.

“Sukuk is becoming increasingly attractive as a capital market instrument across the globe. Annual Sukuk issuances around the

world have grown from $15 billion in 2008 to over $150 billion in 2015. As the federal and state governments seek alternative funding sources for infrastructure, these new guidelines will make Sukuk more available option,” SEC had said.

“The guidelines will play a key role in broadening and deepening Nigeria’s financial system by catalysing the development of non-interest products and enhancing financial inclusion. We wish

to commend the CBN for this laudable step while appreciating the CMC sub-Committee on non-interest products for their dedicated work leading to the release of these guidelines,” the capital market regulator added.

The absence of a liquid secondary market for Sukuk had been a key concern for investors like pension funds and other institutional investors.

To address this constraint, the Capital Market Master Plan had highlighted the need to push for liquidity status for Sukuk.

Offer price: The price at which units of a trust or ETF are bought by investors.

Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return.

NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Afrinvest Equity Fund 124.62 Nigeria International Debt Fund 217.09 ALTERNATIVE CAPITAL PARTNERS LTD Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price ACAP Canary Growth Fund 0.67 AIICO CAPITAL LTD Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price AIICO Money Market Fund ARM INVESTMENT MANAGERS LTD Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name ARM Aggressive Growth Fund ARM Discovery Fund ARM Ethical Fund ARM Money Market Fund AXA MANSARD INVESTMENTS LIMITED Web: www.axamansard.com; Tel: +2341-4488482 Fund Name AXA Mansard Equity Income Fund AXA Mansard Money Market Fund CHAPELHILL DENHAM MANAGEMENT LTD Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Nigeria Global Investment Fund Paramount Equity Fund Women's Investment Fund FBN CAPITAL ASSET MANAGEMENT LTD Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name FBN Fixed Income Fund FBN Heritage Fund FBN Money Market Fund FBN Nigeria Eurobond (USD) Fund - Institutional FBN Nigeria Eurobond (USD) Fund - Retail FBN Nigeria Smart Beta Equity Fund FIRST CITY ASSET MANAGEMENT LTD Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Legacy Equity Fund Legacy Short Maturity (NGN) Fund FSDH ASSET MANAGEMENT LTD Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Coral Growth Fund

100.00

aaml@afrinvest.com Offer Price Yield / T-Rtn 124.62 10.99% 217.09 8.04% info@acapng.com Offer Price Yield / T-Rtn 0.68 9.33% ammf@aiicocapital.com Offer Price

Yield / T-Rtn

100.00

14.33%

enquiries@arminvestmentcenter.com Bid Price 12.80 293.28 22.76

Offer Price 13.18 302.12 23.44

Yield / T-Rtn 5.00% 4.93% 3.21%

1.00

1.00

12.08%

investmentcare@axamansard.com Bid Price 100.48

Offer Price 101.11

Yield / T-Rtn 0.80%

1.00 1.00 11.17% investmentmanagement@chapelhilldenham.com Bid Price 2.09 9.32

Offer Price 2.14 9.56

Yield / T-Rtn 2.67% -5.41%

82.29

84.40

1.45%

invest@fbnquest.com Bid Price 1,062.73 114.25 100.00 $101.49 $101.39 111.78

Offer Price 1,063.71 114.75 100.00 $102.25 $102.16

Yield / T-Rtn -1.79% 5.06% 10.58% 1.87% 1.78%

113.29

12.54%

fcamhelpdesk@fcmb.com Bid Price 0.93 2.51

Offer Price Yield / T-Rtn 0.95 3.30% 2.51 7.78% coralfunds@fsdhgroup.com

Bid Price 2,225.04

Offer Price 2,252.80

Coral Income Fund 2,034.83 INVESTMENT ONE FUNDS MANAGEMENT LTD Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price

Yield / T-Rtn 2.32%

2,034.83 7.58% enquiries@investment-one.com Offer Price

Yield / T-Rtn

Vantage Guaranteed Income Fund

1.00

1.00

11.08%

Vantage Balanced Fund

1.63

1.65

-0.11%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 0.99 1.01 11.23% Lotus Halal Fixed Income Fund 983.39 983.39 -1.66% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: www.meristemwealth.com ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 9.83 9.92 0.53% Meristem Money Market Fund 10.00 10.00 13.44% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.02 1.04 3.98% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 106.03 106.77 4.08% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.22 1.22 7.67% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 1,800.61 1,811.22 7.23% Stanbic IBTC Bond Fund 150.69 150.69 2.45% Stanbic IBTC Ethical Fund 0.79 0.80 6.00% Stanbic IBTC Guaranteed Investment Fund 179.32 179.32 5.68% Stanbic IBTC Iman Fund 135.98 137.64 0.48% Stanbic IBTC Money Market Fund 100.00 100.00 15.04% Stanbic IBTC Nigerian Equity Fund 7,689.74 7,791.89 6.99% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.15 1.17 7.44% United Capital Bond Fund 1.25 1.25 15.64% United Capital Equity Fund 0.70 0.72 -8.18% United Capital Money Market Fund 1.00 1.00 13.00% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 9.89 10.06 3.55% Zenith Ethical Fund 11.43 11.54 -0.29% Zenith Income Fund 16.49 16.49 2.79%

REITS

NAV Per Share

Yield / T-Rtn

11.43 122.22

2.69% 5.50%

Bid Price

Offer Price

Yield / T-Rtn

8.97 78.83

9.07 80.32

-6.33% -5.28%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS

Fund Name Lotus Halal Equity Exchange Traded Fund Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697

Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

2.69 7.41 12.68 17.57 -

2.73 7.49 12.82 17.77 -

16.31% 15.86% 1.19% -8.49% -

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

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TUESDAY OCTOBER 11, 2016 T H I S D AY

Society for Family Health

INVITATION TO PRE-QUALIFY FOR SELECTION AS HAULAGE COMPANY Society for Family Health, Nigeria A. Profile of the organisa on including ( S F H ) i s a n i n d i g e n o u s n o n - I. a copy of evidence of Company governmental, non poli cal and nonregistra on with the Corporate profit organisa on that supports the Affairs Commission, Nigerian Government's efforts in II. physical address of organisa on public health interven ons. SFH (including list of branches), ac vi es focus on Child Health, Family III. key contacts (website, email, Planning, HIV & AIDS, Maternal and 24hours helpline, Reproduc ve Health and Safe Water and telephone) Systems.

B. Organogram of the management structure including curriculum vitae SFH distributes health commodi es for the key personnel directly through its supply chain system to its involved. wholesalers spread across the country C. Demonstra on that they have been t o s u p p o r t i t s p r o g r a m m e engaged in similar haulage ac vi es implementa on. We currently engage for more than one year. (show the services of a third party for comple on cer ficates) warehousing services for storage of D. Evidence of financial management commodi es. systems (must include most recent audited accounts for the year).

These storage facili es are located in E. A Copy of company's Current Goods23 towns across the country. These In-Transit are; Aba, Abuja, Ado-Eki , Oshogbo, Insurance (that insures up to N100 Akure, Bauchi, Benin, Calabar, Enugu, million worth of Gombe, Gusau, Ibadan, Ilorin, Jos, goods).

Kaduna, Kano, Lagos, Markudi, F. Tax Clearance Cer ficates for 2013, Onitsha, Owerri, Port Harcourt, Sokoto 2014 and 2015 and Yola.

G. Evidence of capacity to deliver large haulage services to most of the SFH invites responses from interested loca ons men oned above (include and qualified organisa ons that delivery notes and waybill) provide long distance haulage services to be engaged for a fixed term Please Note: contract. · At this stage, a 'yes' or 'no' qualifier will be used to rate all the points Objec ve of Service: To deliver above, and only companies with a efficiently, commodi es in the right 'yes' response against all the points quan ty and quality using “Good above will be considered.

Distribu on Prac ce” concept. · All costs incurred by bidders as a result of this process and any Specific Ac vi es: subsequent requests for informa on SFH engages the services of haulage shall be borne by the bidding companies for the movement of its companies. commodi es, promo onal and · Only companies that sa sfy the Preeduca onal materials etc. from the qualifica on requirements will be central warehouse located at Ota, contacted with Request for Quotes Ogun state (Departure point) to the (RFQ). twenty-three (23) third party depots · This adver sement shall not be across the country. We engage various construed as a commitment on the sizes and types of trucks including p a r t o f S F H t o a p p o i n t a n y 10tons, 20tons, 25tons, 30tons, organisa on nor shall it en tle any insulated, refrigerated, open-body organisa on to claim any indemnity and closed-body, depending on the from SFH. size and nature of materials or c o m m o d i e s b e i n g h a u l e d . Submission of Applica on/closing Occasionally, two or more loca ons date: are combined along same route. SFH The code SFH/HAUL-10-16 should be may also engage the haulage trucks for boldly wri en on the top right corner of reverse logis cs and for inter depot the Pre-qualifica on submission transfer of commodi es. envelope.

SFH intends to retain the services of three (3) to five (5) haulage companies for a period of two (2) years.

Organisa ons interested in providing these services are expected to send their profile, proof of eligibility as described below.

Name of organisa on tendering should also be clearly wri en on back of the envelope.

The sealed envelope should be addressed to the 'Director' Procurement Division, and received in our Abuja office at 8 Port-Harcourt Pre-qualifica on requirements: Crescent, off Gimbiya street, Area 11, To be eligible for considera on, Garki Abuja not later than 5.00pm on interested companies must submit 25th October, 2016. tender documenta on that includes the following:

TUESDAY OCTOMBER 11, 2016 • T H I S D AY

39

NEWS

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

Buhari Hands over Two Presidential Aircraft to Nigerian Air Force To be reconfigured as air ambulance, troops’ carrier

Senator Iroegbu in Abuja The presidency has in its bid to offload two aircraft in the Presidential Air Fleet (PAF), handed over two Augusta AW101 Helicopters to the Nigerian Air Force (NAF).

The NAF, through its personnel in PAF, originally maintains these aircraft.

The National Security Adviser (NSA), Maj-Gen. Babagana Monguno (rtd), in a ceremony yesterday, handed over the aircraft to the Minister of Defence, Muhammad Mansur Dan-Ali. The Chief of Air Staff (CAS), Air Marshal Sadique Abubakar; Chief of Army Staff (COAS), Lt-Gen. Tukur Buratai, and other top security chiefs witnessed the hand-over event at the Presidential Wing of Nnamdi Azikiwe International Airport Abuja.

The NSA noted that the release of what he described as ‘Very Important Personality (VIP)’ aircraft to the air force was “in fulfillment of the promise of President Muhammadu Buhari to reduce the amount of money spent on the maintenance of the PAF.” According to him, “It is the desire of the president to ensure that the capacity of the Nigerian Air Force is well strengthened, especially for effective operations against terrorists and insurgents

in parts of the country.”

Mongonu further explained that the decision handover the aircraft to the air force, was at the instance of President Buhari, as one of his cost-cutting measures in the country.

He disclosed that the president had in 2015 ordered the release of two aircraft - AW109 helicopter and a King Air Beechcraft, thereby confirming THISDAY report to that effect last year.

The NSA noted that the hand over of the aircraft to the air force as against the expected outright sale to cut cost, was in order to improve the operational capacity of the NAF in particular and Nigerian Armed Forces in the ongoing counter-terrorism and counter-insurgency operations in the North-east.

He listed the features of the aircraft handed over to the NAF to include “ballistic defence capabilities and are equipped with defensive aid suites against certain forms of missile attacks.”

Monguno further disclosed that “the committee set up by the presidency on the approved sale of two other aircraft, a Falcon 7X and Hawker 4000 aircraft, would soon compete its assignment.”

Responding, Dan-Ali promised that the aircraft would be “deployed to further degrade and decimate the operational capacity of the insurgents and

Emefiele, Adeosun Allay Concern over Disharmony between CBN, Finance Ministry The Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has said there is no disharmony between the bank and Ministry of Finance.

Speaking at a press briefing in Washington DC, United States, Emefiele said both the monetary and fiscal authorities were working hand-in-hand to get the much desired growth needed to get Nigeria out of recession, and towards much needed growth.

In September, the Minister of Finance, Kemi Adeosun, said the fiscal authorities were in need of low interest rates, to reduce the cost of borrowing.

However, the Monetary Policy Committee (MPC) of the CBN, against Adeosun’s request, held interest rates at 14 per cent, signalling some disunity between fiscal and monetary authorities.

According to The Cable, both Adeosun and Emefiele said there was no such disharmony, as that both authorities were working to achieve the same goal of driving growth.

“Just because the monetary policy committee finds themselves in a situation where they are looking at their indicators like inflation and money supply among others, they make their decisions based on that and that is always respected.”

“I don’t see a disharmony but blown out of proportion. I am

not a member of the committee and I don’t see what they do.

We are all working together with one objective, which is to get the economy growing,” Adeosun said.

Emefiele corroborated Adeosun’s stance, by saying: “There is no disharmony, we are all poised to see to it that we actually achieve growth in the Nigerian economy.

“If you read my vision statement just about three days after I assumed office, one of the core issues that I raised at that conference was that we would try to pursue a low interest rate regime.

“We feel that when people are able to access loans at low interest rates, it helps improve growth, reduce unemployment, boost industrial capacity and the rest.

“Of course, I’m trying to say it is something that eventually we would have to look at, but based on the numbers that the monetary policy committee saw – based on the data that was available – the MPC felt we can pursue growth through another angle. It has nothing to do with disharmony.

“I feel it is important for me to also join the minister to confirm that there is no disharmony; we are all working together and I believe that in due course, we would achieve the growth that we badly desire for the country.”

airlift troops in the operational area.”

He stressed that with the addition of the aircraft to the platforms to the NAF, the service would be able to do more to ensure that the war against terrorism, insurgency and criminality was decisively won in the country.

Also speaking, Abubakar commended the gesture from the presidency, saying the two aircraft will motivate and energise them more on the fight against all forms of insurrections in the country.

He also lauded the efforts of federal government to provide new platforms, funding and

logistics that enabled the recent military successes against the Boko Haram terrorists in the North-east, and militants in the southern part of the country.

Abubakar promised that the service would go further to reconfigure the two aircraft for deployment for “tactical airlift of troops and logistics in support

of combat operations.”

According to him, one of the aircraft would be reconfigured as an air ambulance with a trauma unitwhile the second one would be used as a carrier for troops.

The helicopters, he noted, were among the best equipped and most comfortable in the world.

FINANCE GURUS

L-R: Former Managing Partner, Deloitte Nigeria, Ike Nwokolo; Chairman, Zenith Bank Plc, Jim Ovia; CEO, Deloitte Africa, Lwazi Bam; CEO, Deloitte Nigeria, Fatai Folarin; and Consulate General, South Africa, Darkie Africa, at the official opening of Deloitte new office in Lagos... recently.

Buhari’s Letter to South African Authorities Dims MEND’s Hope of Okahs’ Release FG mulls action on tomato importation Emmanuel Addeh in Yenagoa President Muhammadu Buhari’s letter to the South African Government hailing the conviction of Mr. Henry Okah over terrorism charges may have effectively sealed the hope of an early release of the two brothers, including Mr. Charles Okah, who is currently locked in Kuje Prisons, Abuja.

Last Sunday’s official disclosure of Nigeria’s official correspondence with the African country’ s authorities could also have unsettled members of the Movement for the Emancipation of the Niger Delta (MEND), who a couple of weeks ago, boasted of having gained some concessions from the Nigerian government for the release of the two brothers.

The Okah brothers, Henry and Charles, leaders of the MEND in its heyday as the most dreaded militant group in the Niger Delta region, the Nigerian Government believes, were behind the Independence day bombing in Abuja in 2010 and the explosion that rocked Warri government house annex, Delta State, during a post-amnesty dialogue attended by governors in March of the

same year.

A source close to the remnants of the group which had recently taken advantage of the window presented by the federal government to end the destruction of the oil and gas platforms in the region , said the group’s leaders were disappointed by the decision of the Nigerian government to officially write the South Africa authorities.

The source stressed that though the MEND team did not meet directly with President Buhari, the members were at the time, able to extract a commitment from the heads of the security agencies that led government negotiations that the Okahs would be released unconditionally as part of a deal to end the violence in the region.

“The group is highly disappointed that a government that assured us of the release of these persons will be happy and indeed elated to write South Africa that Nigeria is grateful for confirming the conviction of Henry Okah it said it was going to release.

“It also says a lot about how serious the government is concerning the issues that will bring peace in the Niger

Delta,” the source added.

Jomo Gbomo, the group’s spokesman, had yet to issue a statement on the latest development, while lawyer to the group and member of the disbanded ‘Aaron two” negotiating team, Mr Jenkins Okponipere, noted that he couldn’t speak on the matter since he was dropped from the negotiating team.

He added that while he remains the lawyer to the group, he did not have the mandate of MEND’s leadership to speak on the current issue.

MEND had while announcing the purported agreement with the Presidency, claimed that the end to the crisis in the region was in sight given among others, assurances that the Okah brothers would be freed unconditionally. ”The MEND is the only militant group from the Niger Delta region presently engaged in a dialogue with the Federal Government of Nigeria – through oil companies and security agencies – with a view to resolving the current Niger Delta crisis.

“Thus far, the deliberations have been fruitful, various concessions and guarantees

have already been secured, some of which include but not limited to the release of Henry Okah, Charles Okah and Obi Nwabueze,” it had said.

But Buhari in the letter to South Africa commended the country’s Supreme Court of Appeal’s judgment that confirmed Okah’s conviction , though the court reviewed the sentence from 24 to 20 years behind bars for the former MEND leader.

Buhari noted that, “South Africa has projected itself an enduring partner to Nigeria in the war against terrorism.” He added, “When African countries act jointly against terrorism, they send out clear and unambiguous signals that there is no more place for terrorism on our continent.

“The South African authorities are therefore, urged to ensure that Okah is made to face the full wrath of the law for his acts of international terrorism.

“The scourge of terrorism as perpetrated by the Boko Haram terrorists and the socalled Niger Delta Avengers or militants has led to the death of several Nigerians and the monumental destruction of national assets.”

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TUESDAY OCTOMBER 11, 2016 • T H I S D AY

NEWSEXTRA

Saudi Energy Minister: Oil May Hit $60 Per Barrel This Year As Russia moves to cut production

Ejiofor Alike with agencyreport Saudi Arabia’s Energy Minister Khalid al-Falih has said that the price of crude oil might hit $60 per barrel this year, following the decision of the Organisation of Petroleum Exporting Countries (OPEC) to cut global production.

This is coming as the Russian President, Vladimir Putin, yesterday gave his support to international efforts to reduce oil supply and boost prices in the clearest sign yet that Russia might participate in moves to cut or freeze output.

Falih said he was optimistic major oil producers could agree to cut production by November

and that it wasn’t “unthinkable” that crude prices could rise another 20 per cent this year to $60 a barrel.

The Wall Street Journal reported that the minister’s words confirmed a decisive shift in policy by OPEC towards a return to market intervention.

The oil cartel seemed to have abandoned this role two years ago when it refused to step in to prop up sinking prices.

OPEC, the 14-nation cartel that controls over a third of the world’s oil, agreed on September 28 to a modest production cut, aiming to curb its current record high output to between 32.5 million barrels a day and 33 million barrels a day—a

reduction of roughly one to two per cent.

A production cut is meant to reorder the supply and demand landscape and push prices up during a historic market slump.

Falih is joining an effort to get non-OPEC members to participate in output cuts, including Russia, which produces more crude oil than any other country.

Falih said he was in a meeting with Russia’s energy minister this week to discuss cooperation and said non-OPEC producers should “absolutely” participate in efforts to balance the market.

Meanwhile, Putin has given his country’s support to the global efforts to cut global production.

“We believe freezing or even reducing oil production is the only way to save the stability of the energy sector,” Putin told an energy conference in Istanbul, speaking through a translator. “Russia stands ready to join common efforts to limit oil production and urges others to do so as well,” he said.

Energy ministers from major oil producing countries, including Russia and Saudi Arabia are expected to hold meetings during the conference this week to hammer

out a tentative agreement to limit oil supplies.

Oil prices rose around one per cent yesterday, approaching oneyear highs, as speculators raised bets that oil prices would gain on the back of OPEC’s agreement to cut output levels.

Global benchmark Brent crude futures reached a high of $52.57 a barrel, not far off a one-year high of $52.86 a barrel, recorded on Friday, while US futures also gained ground, trading at $50.32.

The International Energy Agency’s chief, Faith Birol, told reporters in Istanbul that non-

OPEC participation in the OPEC production cuts would help supply and demand rebalance faster than predicted.

“I think the role of responsible producers around the world, and Saudi Arabia considers itself to be the leading one, is to try to balance supply and demand in a very responsible way,” Mr. Falih told a conference in Istanbul this week that has become a meeting point for major oil producers to try to hammer out a tentative agreement to reduce output. It follows an agreement in principle reached in Algiers last month.

ProtestersVandalise Dangote Cement Factory in Ethiopia Protesters have attacked and vandalised Nigerian and African richest man, Aliko Dangote’s cement factory in Oromiya, one of the nine ethnically-based regional states of Ethiopia.

However, Ethiopia has accused elements in Eritrea and other countries of fanning the crisis in the country that culminated in the burning of the factories owned by Dangote and other foreign investors.

In a statement yesterday Ethiopia accused elements in Eritrea, Egypt and other states of arming, training and funding groups which it blames for a wave of protests and violence in regions around its capital, Addis Ababa.

The protesters, according to AFP, attacked and vandalised Dangote Cement factory with vehicles and machinery at the firm’s plant in Oromiya.

Other firms attacked are: FV SeleQt BV – the Dutch firm’s 300-hectare vegetable farm and

warehouse in Oromiya were plundered. AfricaJUICE BV – the Dutch firm’s factory in Oromiya was partially destroyed. * Saygin Dima Textile – a third of the Turkish firm’s factory in Oromiya was burned down and three vehicles destroyed. * BMET Energy Telecom Industry and Trade LLC – the Turkish cable firm’s factory was damaged in Oromiya. * Esmeralda Farms BV of the Netherlands, Italian owned-Alfano Fiori, Indian firm Fontana Flowers Plc, and others operated and owned by investors from Israel, Belgium and the Middle East were destroyed or partially damaged in the Amhara region.

The government declared a state of emergency last Sunday after more than a year of unrest in Oromiya and Amhara regions, where protesters say the government has trampled on their rights in pursuit of industrial development.

Buhari: Niger Delta Situation is Complex Tobi Soniyi in Abuja President Muhammadu Buhari has said Niger Delta militants are receiving training from either the government and the oil companies, adding however that the militancy in the region is complex.

A statement by the Special Adviser to the President on Media and Publicity, Mr Femi Adesina, said Buhari spoke yesterday during an audience with the Foreign Minister of Federal Republic of Germany, Dr Frank-Walters Steinmeier, at the State House, Abuja.

He told the visitor that the security challenge in the North-east region of the country was under control, with Boko Haram largely defeated.

Buhari, however, added that another serious form of insecurity had reared its head in the Niger Delta, adding that the objective was to colonise the country economically by sabotaging oil and gas installations.

He said: “We are trying to speak with their leaders, to know how many groups there are, and we are also working with the oil companies.

“The militants engage in sophisticated sabotage, using skills they had gained from trainings either by government or the oil companies, to vandalise installations deep in the sea. We need to understand who the real agitators are, and engage them, so that confidence can be restored in the region,” the president added.

Buhari said the Niger Delta situation was more complex, since the militants had no central command, and some of them were mere extortronists but promised that a handle would be found to the unrest soon.

The president said Germany could help curb oil theft in Nigeria through assistance in the areas of equipment, training, and sharing of intelligence with the Nigeria Navy.

“Nigeria’s oil is stolen, and taken away through the Gulf of Guinea.

Adequate training and equipping of our navy will prevent this,” the president said.

Steinmeier, in his response, said Germany was happy to hear of the strides taken by the Buhari administration against insurgents in the North-east, adding that they were equally willing to lend a helping hand in resolving the

CANCER AWARENESS

L-R: Vice President CEAFON, Prof. Sunday Adewuyi; Wife of the Vice-President, Mrs. Dolapo Osinbajo; President, CEAFON, Prof. F.A. Durosinmi-Etti; General Secretary, CEAFON, Dr. Marcus Inyama,at the second cancer summit in Abuja...yesterday

Sultan Raises the Alarm over Deplorable Condtion of IDPs, Scolds Igbo Leaders of Thought John Shiklam in Kaduna The Sultan of Sokoto, Alhaji Sa’ad Abubakar III, yesterday raised the alarm over the deplorable condition of Internally Displaced People (IDP) in the North-east, declaring that unless urgent steps are taken to arrest the situation, 50,000 children might die in the next few weeks.

He also scolded those who are insinuating that President Muhammadu Buhari’s administration is plotting to Islamise the country.

The Sultan spoke in Kaduna at a two-day summit organised by the Northern Elders Forum (NEF).

He lamented that the suffering of people displaced by the Boko Haram insurgents in the North-east poses a serious human crisis to the nation, stressing that Nigerians seem to have forgetten the difficulties the victims were going through.

While commending the Borno State Government for its efforts in addressing the humanitarian crisis in the region, he called on the northern governors to join hands in alleviating the hardship being faced at the IDP’s camps.

“The issue of IDPs in the Northeast, it seems that all of us have forgotten about them.

“We must not abandon our brothers there. Billions of naira had been budgeted for them.

Almost N100 billion was collected for the victims support fund by the former government, where is that money? Gen. T. Y. Danjuma (rtd) is the chairman of that fund.

“Our northern governors should come together and help to rebuild the North-east, it is not the governor of Borno State alone that can do it.

“The camps are so bad and people are suffering. If nothing is done in the next next months, over 50,000 children might die.

We don’t want that to happen because Almighty Allah will ask us what have we done as leaders,” the Sultan said.

Apparently reacting to recent accusation by Igbo Leaders of Thought that the federal government is pursuing an Islamisation agenda of the country, using the current killings of Nigerians across the country

by Fulani herdsmen, the sultan said he was worried that people who were supposed to be elder state men could make such provocative comments. “I am always worried when Nigerians who are supposed to be elder statesmen make provocative comments about this government trying to Islamise Nigeria.

“I keep on asking how? How do you Islamise a country like Nigeria that is probably 80 million Muslims (in population) but we

agreed that we are 50-50.

“Are you going to invite America? Somebody so naive even said the visit of the United States Secretary of State was to strengthen the Islamisation of programme of the leadership of the country,” the sultan said.

He said further that “If there are problems, of course there are, like the issue of herds men, there are very terrible herds men.”

According to him, “The problem with herdsmen and farmers is purely about economy. The herdsman wants food for his cattle, the farmer wants his farm produce to feed his family.

“We have tried to broker peace with Fulanis and Tivs in Nasarawa and Benue States. I have been to Makurdi four times for such meetings. There are things that have been wrong with us as northerners, as leaders, as Christians, as Muslims......

It is a big problem for all of us and we are very worried that things like this are happening.....”

He wondered how the Fulanis can go to the South-east, Southsouth and South-west to Islamise people?

According to him, the Fulanis are not there in the name of any Fulani organisation, but are on their own and they must be treated as criminals and brought to justice.

“So people should stop making this noise about Islamisation and herdsmen being used to islamise the country and so many negative things” the sultan said.

Also addressing the occasion, the Chairman of the Northern States Governors Forum (NSGF) and Governor of Borno State, Alhaji Kashim Shettima, said those agitating for Biafra should understand that there is no one who has a greater stake in Nigeria than the Igbos. According to him, “The level of inter ethnic relationship is so deep that no one can divide Nigeria.

“We must appreciate and understand our differences and tolerate each other.

Buhari won the 2015 elections across the country because Nigerians believe in him.

“When the US Secretary of States met with northern governors, some people started insinuating that it was the Islamisation process of Nigeria.” He said the social and economic problems facing the North are very worrisome and called on leaders in the region to wear their thinking caps to find solutions to the problems. Sultan said the population of northern Nigeria doubles every 23 years, stressing that steps must be taken to contain with a growing population by providing education and jobs.

TUESDAY OCTOMBER 11, 2016 • T H I S D AY

41

NEWSEXTRA

EFCC Arrests Ogah in Lagos Davidson Iriekpen The Economic and Financial Crimes Commission (EFCC) yesterday arrested the President of Masters Energy Oil and Gas Limited, Mr. Uche Ogah in Lagos.

THISDAY gathered that Ogah was arrested at the Magistrates’ Court in Tinubu, Lagos Island as soon as he stepped out of the courtroom where a forgery charge filed against him by the police were withdrawn.

Ogah was declared winner of the last governorship election in Abia State by Justice Okon Abang of a Federal High Court in Abuja on June 27 but the judgment was upturned by the Court of Appeal.

He was then arraigned on June 16 by the police for alleged forgery.

The police prosecutor, Henry

Obiazi, told the presiding magistrate, Mrs. Kikelomo Ayeye, when the case was called upon that he had the instruction of the Inspector-General of Police, Ibrahim Idris, to withdraw the charges against Ogah, his company, Masters Energy Oil and Gas Limited and an ex-employee of United Bank for Africa, Deji Somoye.

“I am instructed by the IG to withdraw this case, as the issue is pending with the SFU,” Obiazi said.

The charges were consequently struck out by the court.”

THISDAY gathered that as soon as Ogah stepped out of the courtroom to an adjourning street where his vehicle was parked and got in, EFCC operatives surrounded him, blocked the

Ogbeh: Complexity in ZeroBudgeting Locks out N80bn from Economy FG mulls action on tomato importation James Emejo inAbuja The Minister of Agriculture and Rural Development, Chief Audu Ogbeh, yesterday disclosed that there could be as much as N80 billion waiting to flow into the economy through contracts and programme implementation but which had been held back by delays occasioned partly by the intricacies in the zero-budgeting system being currently adopted by the federal government.

He said budget implementation had been “very slow” in most government agencies as they had to go through the processes of advertisements among others as stipulated in the procurement act.

Also yesterday, the minister said the federal government was considering a definite action on the importation of tomato paste into the country, adding that the existing fiscal measures appeared not to be in favour of Nigerians.

Stressing that the concept of free trade doesn’t currently hold as countries try to protect their interests, he said government is considering imposition of higher tariffs or total ban on importation of tomato paste.

He said: “We will take serious measures to curtail this and save our local tomatoes from rotting in the streets.” Nevertheless, he said: “The procurement act insists on six weeks of that processes and we had to follow the rules,” he said.

Speaking during an interaction with members of the Senate Committee on Agriculture and Rural Development, led by its Chairman, Senator Abdullahi Adamu, which visited the ministry on oversight function, the minister said the ministry closed 7,000 bids out of which it earned N70 million, as each bid paid N10,000.

He added that the bid proceeds had been paid into the Treasury Single Account (TSA).

Ogbeh said going through the bids took sometime and the ministry has had to follow due process-leading to delays in budget implementation for the year.

He said: “Not much of the projects have started; you will find this in several ministries that the

way the budget came out this year remain quite late and the procedures we had to follow-we can’t bypass them-which I am not happy about but which we could not simple avoid.

“One of the reasons there’s not too many money in circulation is that the budget under the zero budgeting system-the cash is there and yet we can’t spend until the processes are carried out.

So all together at the federal level, there may be about N80 billion waiting to flow into the economy through contracts and programme implementation.”

He, however, said there would be extensive activities in the ministry next year as the current budget would spill into the 2017 budget to create much impact in the economy.

Ogbeh further hinted that the ministry could not handle road constructions in the rural areas because the budget of about N1.3 billion was too small for capital projects in all the local governments across the country.

He also said the 10 percent budget allocation to agricultural as prescribed by the Maputo Declaration was not currently feasible amid the present economic reality, adding that only 4.5 percent may be manageable.

Asked to clear the air on a statement ascribed to him that the price of rice had increased because Nigerians consume too much rice, the minister said his statement was outrightly misconstrued.

According to him, there’s no way he could have made the comment given that he is a rice miller in the first instance. He said the allegation could have been born out of a deliberate attempt to malign his reputation.

He explained that he only drew attention to the fact that there were proven research outcomes suggesting that consumption of rice which are grown in the same spot over a long period of time could be poisonous to health-and not the other way round.

The minister also assured Nigerians that the currently high price of the commodity will reduce as the harvest season commences

by November.

exit gate, and insisted he must follow them to the commission’s office in Ikoyi.

An EFCC source said the commission had received a petition against Ogah hence, his arrest.

He said Ogah was being interrogated.

In the suit filed against them, Ogah and his co-defendants were accused of conspiring with some persons still at large to forge a Memorandum of Understanding (MoU) between Masters Energy Oil and Gas Limited and MutHass Petroleum Limited sometime in March 2011.

The businessman and some other persons still at large were alleged to have forged the signature of one Mrs. Bridget Adeosun.

But they pleaded not guilty; after which they were admitted to bail in the sum of N200,000 each, with one surety each in like sum.

An EFCC operative rode with him in his vehicle.

He was interrogated in his lawyer’s presence and was asked to write a statement.

An EFCC source said others named in the petition would be

invited for questioning.

Ogah and some others said to be at large were alleged to have forged the signature of one Mrs. Bridget Adeosun.

But, Ogah, through Ubani, said the transaction was commercial, adding that the criminal charge was baseless and politicallymotivated.

He said Adeosun had an allocation to import petroleum but lacked the financial capacity to carry out the business.

He added she approached his company, Masters Energy Ltd, asking it to buy her allocation.

The company told her that it had enough allocation. Ogah said following Adeosun’s persistence, his company agreed to the deal.

“Her proposal to sell her allocation to Masters Energy Ltd was concluded and a Memorandum of Understanding was executed, including Account Opening Documents in the bank wherein signatories were appointed to the knowledge of all parties to the transaction.

“She was given the full sum of the purchase price through cheques and she signed personally as having received the full sum of the sale. She cashed her money

(we have all these evidence).

“Masters Energy carried out the importation and incurred loss in the transaction, but that was no longer the business of the seller as she is not liable for the profit or loss of the business,” Ogah said through his lawyer, Monday Ubani.

According to him, Masters Energy applied at the dollar differentials to the Debt Management Office (DMO) of the Federation, which agreed to pay about N51 million.

Ogah said Adeosun developed interest in the N51million price differentials and applied to UBA where the account was domiciled to be an “A” signatory in order to withdraw the sum whenever it is paid into the bank.

But, Masters Energy wrote to the DMO, asking it not to issue the cheque in the name of Adeosun’s company.

The company also got an interlocutory order from the Federal High Court, Abuja.

Ogah said the transaction coincided with his seeking for elective office in Abia State.

“Aided by political enemies, Mrs Adeosun took a pure civil transaction to the police alleging

that all the documents she signed for the transaction were all forged,” Ubani said.

The charge, which was withdrawn, read: “That you, Masters Energy Oil and Gas Limited, Uche Ogah, and others at large sometime in March 2011 at Ikeja, in the Lagos Magisterial District, did conspire among yourselves to wit: forgery.

“That you, Masters Energy Oil and Gas Limited, Uche Ogah, and others at large, on the same date, time, place and in the aforementioned magisterial district, did forge the signature of one Mrs. Bridget Adeosun and a document known as MoU between Mut-Hass Petroleum Limited and Masters Energy Oil and Gas Limited, with an intent that it may be in any way used or acted upon as genuine.

“That you, Deji Somoye, United Bank for Africa and others still at large, sometime in August 2011, at UBA regional office, Palmgrove, in the Lagos Magisterial District, did knowing that Masters Energy Oil and Gas Limited designed to commit an offence, failed to use all reasonable means to prevent the commission or the completion of the crime.”

SEARCHING FOR ECONOMIC RECOVERY

L-R: Chief Executive, Stanbic IBTC Holdings Plc and Vice Chairman, Nigerian Economic Summit Group (NESG), Mrs. Sola David-Borha; Minister of Budget and National Planning, Senator Udoma Udo Udoma; President Muhammadu Buhari; and Minister of Communications, Mr. Adebayo Shittu; during the 22nd Nigeria Economic Summit in Abuja...yesterday

Customs: Ban on Rice Imports through Land Borders Still in Force Ndubuisi Francis in Abuja The Nigeria Customs Service (NCS) has restated that the importation of rice into the country through the land borders remains banned.

The NCS said the clarification became necessary following various online publications over the weekend to the effect that the ban had been reversed.

A statement issued by the NCS’ Public Relations Officer, Mr. Wale Adeniyi, said: “Our attention has been drawn to publications on various online platforms indicating that the NSC has reversed the ban on rice importation through the land borders.”

The reports, the statement

said, were attributed to a press interview purportedly granted by him (Adeniyi).

“It has become necessary to re-state the true position in view of the confusion which these online publications may create in the industry. It is even more expedient to provide this clarification given that the fact that the Service has taken a firm position earlier in the week through a joint press conference with stakeholders.

“First, we like to reiterate the position that importation of rice remains banned through our land borders, and we have the commitment of partner government agencies and stakeholders to enforce this restriction. While this restriction

is in force, rice imports through the ports are still allowed subject to payment of extant charges.

“It is equally important to restate the confidence of the NSC in the ability of Nigerian rice producers to fill the existing sufficiency gaps in the supply of the product.

“The service has noted with satisfaction the ongoing rice revolution undertaken by many state governments, and strategic interventions by federal government agencies. The service is convinced that the bumper harvests expected from these efforts will address the supply gap in 2017,” the statement said The NCS said it was of the belief that continuous waste of scarce foreign exchange on a

commodity that can be produced locally makes no economic sense, most especially at a period of recession, adding that it will therefore advocate a total ban on rice importation into Nigeria with effect from 2017.

“It is worrisome that the publications that resurfaced this weekend were being attributed to a press interview granted in October 2015. We strongly suspect that some powerful forces behind rice smuggling are at work, recycling an old report under a different circumstance to create confusion.

“We urge Nigerians to watch out for similar antics as the firm stand on Rice smuggling will pitch their selfish interest against our national interest,” the statement added.

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Fashola: Tariff Increase, Debt Clearance Won’t Solve Power Sector Financial Problems Kaduna Electric rolls out 50,000 meters, Sokoto spends N600m on transformers

Chineme Okafor in Abuja and Mohammed Aminu un Sokoto The Minister of Power, Works and Housing, Mr. Babatunde Fashola, yesterday said of all the challenges confronting Nigeria’s electricity supply market, chronic illiquidity was still top on the list.

Fashola also said increasing electricity tariffs of consumers and demanding for clearance of debts owed the electricity distribution companies (Discos) alone will not solve the sector’s financial problems.

He said prompt and maximum collection of revenues from consumers would go a long way in

addressing the financial problems.

He said this at the monthly power sector stakeholders meeting in Sokoto State, where the governor of the state, Aminu Tambuwal disclosed that the state had in the last one year spent about N600 million to procure and deploy electricity transformers to its towns addressed villages.

The meeting equally provided an opportunity for Kaduna Disco to commission 50,000 consumer meters it procured to be deployed to homes and offices in Sokoto State.

Fashola stated that the inability of the 11 Discos to take enough revenue from electricity consumers in the country, and reduce their

Lawmaker Commences Evacuation of Huge Refuse in Owerri Amby Uneze in Owerri A federal legislator representing Owerri Federal Constituency, Hon. Francis Ezenwa Onyewuchi, has commenced the evacuation of the heap of refuse dumped in front of the Owerri main market along the popular Douglas road, Owerri capital of Imo State.

Onyewuchi who also the raised alarm over the possible outbreak of epidemics in the state arising from the three months old refuse heep condemned the attitude of the state government over the issue.

The state government had abandoned the refuse heap to serve as a punishment to Owerri indigenes over their refusal to allow government relocate their ancestral market Ekeukwu Owerri which remained their identity as a people.

Onyewuchi who on a visit to the sorry site yesterday, ordered the commencement of the evacuation of the refuse with pay loader

caterpillars and trucks.

Addressing journalists at the site, the lawmaker berated the state government’s refusal to evacuate the refuse for the past three months, an incident he felt could cause uncontrollable epidemic to people. While he vowed to inform the Ministers of Health and Environment, he promised that effort would be made to let President Muhammud Buhari know that Imo people have been sentenced to death by their Governor Rochas Okorocha.

He said his intervention was to find solution to the issue so that Imo people would not die of the epidemics.

The lawmaker said his intention was not to fight anybody but rather to ensure that the right of people to live is not abused by anybody.

He urged the governor to rise up to the challenges of governance to the people of the state and not to punish the people.

collection losses were hugely impacting on the sector’s monthly financial outlook. He thus asked that the Discos improve on their deployment of meters to consumers in their networks.

Speaking Fashola also said the country’s current foreign exchange (forex) regime was affecting the operations of the sector. He however explained that such financial challenges offer operators in the sector the chance to creatively find solutions instead of looking for easy ways out.

He said the deployment of meters to consumers would ensure accurate measurements of electricity supplied and subsequent collection of revenues.

The minister equally asked that operators in the sector begin to look inwards to get equipment they need to operate from local manufacturers instead of relying on importation which he said places immense pressure on the country’s foreign reserves.

“There are opportunities that these problems present. Problems must not define us. The Illiquidity

problem manifest in diverse forms: the inability of the distribution companies to collect, the inability of the distribution companies to reduce their losses, the way some subscribers use electricity that is not metered. It manifest in the volatile foreign exchange market that is making it quite challenging for businesses and the debt tolls of government agencies which we are working hard to resolve.

“Let me however make it known to you that we will pay all the verified and payable debt, but debt repayment and tariff adjustment alone will not solve the liquidity problem, maximum and optimum collection of bill is another critical leg in reducing the Illiquidity in the power sector and this is where the metering process is very critical,” said Fashola.

Similarly, Tambuwal said from the N600 million spent by his government, 172 transformers have so far been procured and deployed. He also explained that the state was working hard to ensure that 60MVA transformers procured with the fund is energised by the

Transmission Company of Nigeria (TCN ), as well as getting a 330kVa line from Birnin Kebbi to improve power supply to the state.

On the meters deployed by Kaduna Disco, he said it would go a long way to reduce the frequent quarrel over electricity charges between the Disco and consumers in the state.

The Chairman of Kaduna Electric, Yusuf Abubakar, had earlier said in his opening remarks that the reforms in the power sector now makes it obvious that electricity supplied to consumers must be paid for. He said anything short of this would mean that the sector is operating at a loss with tariff shortfalls.

Abubakar equally disclose that the Disco has signed two agreements with a local meter manufacturer and a Turkey based transformer manufacturing firm.

Also, in a communiqué that was read shortly after the meeting by the Managing Director of Kaduna Electric, Garuba Haruna, it was disclosed that an average of 3166 megawatts (MW) of electricity was currently unavailable to the grid due to gas

shortages from pipeline vandalism.

Haruna however stated that the Nigerian National Petroleum Corporation (NNPC) informed stakeholders that there was a promising outlook on gas supply to the sector, with the completion of repairs of the Escravos Lagos Pipeline System (ELPS) by mid-November 2016, and incremental supply through new sources which include, the Oredo 2 station of the Nigerian Petroleum Development Company (NPDC), Utorogu NAG-2, Odidi, Giga gas and Total Exploration and Production Nigeria (TEPNG). He added that the Niger Delta Power Holding Company (NDPHC) disclosed that it has completed the Alaoji to Ikot Ekpene 330kV Direct Circuit (DC) transmission line, following the resolution of the community issues in Itu and Oronta.

According to him, the line is due to be energised following its quality assessment by the Nigerian Electricity Management Services Agency (NEMSA), and the commissioning of the Ikot Ekpene switching station by the end of October 2016.

Justice Oloyode: I Have No Regret Writing a Petition against Aregbesola Yinka Kolawole in Osogbo A retired judge of the Osun State High Court, Justice Olamide Oloyede, has said she has no regret writing a petition against Governor Rauf Aregbesola of Osun State and his deputy, Grace Titi Laoye-Tomori.

Oloyede who is currently a Senior Lecturer of Law at the Lead City University, Ibadan, equally apologised for the use of some inappropriate words in her petition.

The retired judge had last year petitioned the Osun State House of Assembly, asking it to investigate an alleged mismanagement of the state’s funds by Aregbesola which later led to her compulsory retirement by the National Judicial Council (NJC) at its 77th meeting.

She stressed this while featuring on Rave FM’s News and Current Affairs interview programme” Frank Talk” in Osogbo and monitored by THISDAY yesterday.

Justice Oloyede also asserted that judicial officers in the country are not adequately empowered to carry out their duties effectively.

She advocated the equal treatment of the judiciary and other arms of government, saying it is the only way the rule of law can

prevail in the country.

While reacting to the recent clamp down on some judges by officers of the Department of State Services (DSS), Justice OIoyede stated that the NJC is saddled with the responsibility of probing any judicial officers involved in any criminal act before being treated as a suspect.

Without ruling out the possibility that the judges involved in the clamp down could be guilty, she stated that the constitution must be followed.

The retired judge who is also the founder Virtues Unlimited Restorative Justice Initiative, a non-governmental organisation (NGO) aimed at ensuring better treatment of judicial officers and helping the vulnerable, advocated that part of the constitution which addresses the fundamental rights of the average Nigerian should be made unjusticiable.

She called on Nigerians to put pressure on the National Assembly to amend that section of the constitution, so that the rights of the citizens would be accorded to them as it ought as she also called on the mass media to rise up to its responsibilities in educating the masses on their rights.

WHERE IS THE POWER?

L-R: Minister of Power, Works and Housing, Babatunde Fashola (SAN); Sokoto State Governor, Alhaji Aminu Waziri Tambuwal; Chairman, Kaduna Electric, Alhaji Yusuf Hamisu Abubakar; and Managing Director, Kaduna Electric, Mr. Garba Haruna, at the launch of Kaduna Electric smart prepaid meters in Sokoto....yesterday.

Reddington Hospital Appoints UK Surgeon as Group Medical Director Martines Ifijeh As part of efforts to intensify its leadership role in the healthcare industry in Nigeria, the board of Reddington Hospital has appointed a United Kingdomtrained Consultant General and Laparoscopic Surgeon, Dr. Olutunde Lalude, as its Group Medical Director and Head of Surgery with effect from October 1, 2016.

Lalude, who was appointed because of his wealth of experience in the healthcare space globally, is a highly experienced consultant colorectal, general and laparoscopic surgeon with over 25 years of experience practicing in the National Health Service (NHS) in the UK. He trained in general and colorectal surgery in the UK and is a fellow of the Royal College of Surgeons of Edinburgh in addition to which

he holds the UK intercollegiate fellowship in General Surgery.

Lalude was appointed consultant colorectal, general and laparoscopic surgeon to the Princess Alexandra Hospital in Harlow, Essex in 2004.

He specialises in colorectal and general surgery with a particular interest in cholecystectomy and treatment of hernias, bowel diseases, gall bladder conditions, disorders of the rectum and anus including hemorrhoids. He is also a highly experienced Laparoscopic Surgeon (keyhole surgery) and an accomplished Endoscopist with special interest in Colonoscopy.

He has held several senior clinical leadership positions in the UK including Clinical Director, Head of Department of Surgery, Lead clinician for colorectal surgery, colorectal multidisciplinary team Lead at Princess Alexandra Hospital

Essex. He has a particular interest in enhanced recovery following surgery and achieved the distinction of having the second lowest hospital stay after bowel surgery in England as determined by reducinglengthofstay.org, based at UCLH in London.

He has been extensively involved in medical education with responsibility for students from Barts and the London Medical School, higher surgical trainees from the London deanery and international surgical fellows.

He has published in peer-reviewed journals and presented at scientific conferences in Europe and the United States.

According to the hospital management board, Lalude brings his tremendous wealth of experience in the UK to the Reddington group and would be an invaluable asset

in driving a new patient safety and quality improvement focus for the hospital as Group Medical Director in addition to his role as lead consultant colorectal surgeon and head of general surgery.

Lalude

TUESDAY OCTOMBER 11, 2016 • T H I S D AY

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Shiites Alleges Police Brutality against Members in Kaduna Senator Iroegbu in Abuja The Islamic Movement of Nigeria (IMN), popularly known as Shiites Islamic sect, which was recently proscribed by the Kaduna State government, has raised alarm over what it claims is state sponsored Police brutality against its members.

The President Media Forum of IMN, Ibrahim Musa, in a statement yesterday, claimed that the Kaduna State Government has gone ahead to trample on the rights of people who were taking part in their religious duty in Kaduna state in scandalous violation of all known sane laws.

Musa stated that the clampdown

is pursuant to the ban placed on the group, which he said, is in contradiction to the sections of the Nigerian Constitution that guarantees freedom of thought, conscience and religion, including freedom to change one’s religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate one’s religion or belief in worship, teaching, practice and observance.

He stated: “In effecting this illegitimate ban, unwarranted arrests by policemen were done.

They crudely used clubs and sticks as well as tear gas, injuring some before taking them into custody.

Those affected were mostly women and minors, including eight members of the same family as they made their way to attend the Ashura mourning event, which to us is a religious duty. They are all at the moment in illegal custody.

“In Zaria, armed policemen had been gleefully wielding their arms all over in nooks and crannies of the town, including at the venue of the Ashura congregation. That they move about with ambulances in addition to armored vehicles would suggest they are ready to attack anytime soon. In Kudan, the police has gone ahead to molest suspected members of the Islamic

Movement. The story is virtually the same all across Kaduna state where a significant threat to our lives and properties exists.

“The recent threat to arrest Ibrahim Musa, the head of our media and publicity aggravates the trampling of our rights to freedom of speech and association individually and collectively.”

Musa said they are also aware that the government has contracted some hoodlums to launch attacks to give it a semblance of general disenchantment with the IMN. Already, he said, some hatemongers seem to announce in their hate preaching across the

state their intents to attack our activities and our persons.

“We are also aware of the plan to attack and take over the IMN centers in Kaduna state by the Police with the intention of disrupting the ongoing Annual Ashura events across the state just as it is being “We will like to make it clear, for the avoidance of doubts, that Ashura mourning events and symbolic treks are our religious duties and cannot be banned without trampling on our rights to worship, associate and propagate our beliefs freely.

“We wish to make it categorically clear that we condemn these acts of

state-sponsored terror tactics against the IMN in the strongest of terms.

We re-echo our total opposition to Governor Nasir El-Rufai’s impunity, misuse of office and disregard to our constitutionally guaranteed rights,” he added.

Musa vowed that the Shiites will continue to lawfully and peacefully challenge and seek redress in the most appropriate ways in the face of all these extreme provocations.

He further called “for the immediate and unconditional release of our leader, Sheikh Ibraheem Zakzaky and all others still being detained”.

Judges’Arrest: Pro-Buhari Group Tackles NBA Onyebuchi Ezigbo in Abuja A group loyal to the President Muhammadu Buhari-led administration, Buhari Media Support Group (BMSG), has condemned the Nigerian Bar Association (NBA) for threatening to boycott the courts and issuing a deadline to the Department of State Services (DSS) for the release of the judges.

Following the arrest of some justices of the Supreme Court and judges of the High Court by the DSS, at the weekend, they said the government did not breach any law in carrying out the arrest of the judges.

In a statement signed by its Coordinator, Mallam Muhammad Labbo, and secretary, Cassidy Madueke, last nigth in Abuja, the group noted that the DSS followed due process and rule of law in carrying out the arrest, saying the security agency had valid and legally-issued search warrants before embarking on the assignment.

It also added that DSS adhered to the provisions of the

Administration of Criminal Justice Act 2015 to the letter in every move they made.

The statement noted further that “no judge in Nigeria is granted immunity by the 1999 Constitution as amended, and like in other democratic climes, the security agencies can arrest and prosecute judges who have fallen outside the favour of legally-accepted conduct.”

The group however, said the call by the NBA for a state of emergency and the ultimatum to the President Buhari to “call his security agencies to order” is not only tantamount to impeding the anti-graft war of the administration, but also amounts to shielding suspects from facing the law against the ethics and obligations of the legal profession.

“As a responsible organisation, it is expected that the NBAwill be in the forefront in educating Nigerians on the legality and propriety of the DSS action, and lend their total support to the reformation and cleansing of the Nigerian judiciary as it will ultimately serve the general good.”

Addo Project Book ‘Through the Fire’ for Launch Today Addo Project, a group of women inspired by the need to come together and develop projects that will inspire Nigerians, will today launch its first book, “Through the Fire,” at the Institute of Directors, Glover Road, Ikoyi, Lagos by 9a.m.

“Through the Fire,” among other things, tells the stories of 32 different Nigerian women who lost their husbands and how they coped afterwards, advises on the psychological effect of a loss such as this, provides legal and financial advice as well as provides a list of organisations and support groups for widows in Nigeria. The primary target readers of this book will be women in the lower income bracket. However it is a book for all us and will be available in paperback, hardback and e-book formats.

The Coordinator, Addo Project, Mrs. Sandra Oyewole, said: “Addo Project means, project to inspire and that is what a group of ladies have come together to do. The group aims essentially to come up with projects that inspire people and

the first event for Addo Project is the launch of our book, titled, “Through the Fire.”

The idea for the book, Oyewole said, came about six years ago with the main idea to essentially come up with a book that will inspire women who have lost their husbands.

“During the course of the project, the idea and concept for the book evolved and ultimately, we settled for what we have today, ‘Through the Fire,’” she said. Through the Fire, Oyewole explained further, is a tool book and a guide, not just for women who have lost their husbands but also for the general public.

“There is something in that book for everybody - women, men and even the unmarried; whether you are bereaved or not there is something in that book for you. You may not yet have experienced the lost, there something in that book for you.

You may have families members and friends that have experienced the lost; there are elements in that book for everybody,” she noted.

DIPLOMATIC VISIT

L-R:Head,CorporateCommunications,HoneywellGroup,Mrs.EbunoluwaBolodeoku; BritishHighCommissionertoNigeria,Mr.PaulArkwright; Chairman, Honeywell Group, Oba Otudeko; and CEO, Power, Oil and Gas, Honeywell Group, Mr. Chris Bale, when the British envoy paid a courtesy visit to Honeywell Group LagosOffice....recently

Biafra: Nnamdi Kanu Sues for Contempt Proceedings against AGF, DSS Senator Iroegbu in Abuja The leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, has sued for contempt proceedings following the failure of the federal government, and its relevant agencies , to give effect to an Order made by Justice Adeniyi Ademola of an Abuja Federal High Court, which had ordered the unconditional release of the pro-Biafran agitator.

This is coming as Justice Ademola and other men of the Bench who were arrested at the weekend by the Department of State Services (DSS), are still being detained.

Kanu through his lawyer, Mr. Ifeanyi Ejiofor, yesterday formally initiated before a Federal Capital Territory High Court in Maitama, Abuja for the committal of the Attorney General of the Federation (AGF) and Director General of DSS for non-execution of the court order dated December 17, 2015.

He recalled that during the pendency of the three-count information filed before the Chief Magistrate Court, Wuse Zone 2, against Kanu by the DSS, and after the said Court had granted him bail, the DSS surreptitiously routed to the Federal High Court where they obtained an order from

Justice Ademola to detain Kanu for another period of 90 days, pursuant to relevant sections of the Administration of Criminal Justice Act (ACJA), 2015.

This order, he noted, was obtained exparte after the Court was erroneously made to believe that the DSS was investigating terrorism offences against Nnamdi Kanu.

He also noted that Justice Ademola was among the judges who were harassed by the DSS in wee hours of Saturday, October 8.

Meanwhile, sources have confirmed that the Justices including Ademola, are still being held by the security outfit in their facility at the DSS Abuja headquarters.

The Nigerian Secret Police had promised to arraign the concerned Justices but are yet to do so with plans on the way to expand the scope of their arrest and further investigation of judges.

Even though DSS gave no specific reason for his arrest, the agency in a briefing however, said investigation on the arrested judges began due to their extravagant lifestyles.

“The service action is in line with its core mandate, as we have been monitoring the expensive and luxurious lifestyle of some of these judges as well as complaints from the concerned public over

judgement obtained fraudulently on the basis of money paid,” the DSS said.

Kanu in the contempt proceedings, reminded that after hearing a motion on notice praying the Court to set aside the exparte order made on the November 10, 2015 together with the Counter Affidavit filed by the DSS, His Lordship made an order setting aside the order he made exparte.

He stressed that upon the exparte order being vacated by the court, it proceeded to direct the DSS, in clear and unequivocal terms, “to release Kanu unconditionally, an order which was served on the DSS the same day it was made.”

“However, DSS failed, refused and/or neglected to obey the order directing the unconditional release of Nnamdi Kanu, apparently due to reasons best known to them, which has no justification under any law.

“Few days after the order was made, President Muhammadu Buhari, during a presidential media chat, said that Nnamdi Kanu cannot be granted bail by any Court in Nigeria,” he said.

Further speaking on the issue, Ejiofor said: “The order made on the 17 th day of December, 2015 sby His Lordship, Hon. Justice A.F.A. Ademola, directing the unconditional release of Nnamdi Kanu was served

on the State Security Services that same day the order was made.”

“Still, the Department of State Security Services failed, refused and/or neglected to obey the order directing the unconditional release of Nnamdi Kanu, apparently due to reasons best known to them, which has no justification under any law.

“Thirteen days after this order was made, specifically on the 30 th day of December, 2015, the President, Commander in Chief of the Armed Forces of the Federal Republic of Nigeria- President Muhammadu Buhari, announced to the whole world during his presidential media chat that Nnamdi Kanu cannot be granted bail by any Court in Nigeria.

“This extra judicial pronouncement by the Executive had continued to influence the direction of Nnamdi Kanu’s political trial, as part of the reasons given by the President during this Presidential media chat was quoted by the trial Court, as constituting the grounds militating against Nnamdi kanu’s freedom, while delivering Ruling on his bail application,” Ejiofor said.

This extra judicial pronouncement by the Executive, according to the lawyer of the IPOB leader, had continued to influence the direction of Kanu’s political trial, as part of the reasons given by the President during this Presidential media chat.

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Ondo Primary Crisis: How APC Reached Decision to Adopt Akeredolu Onyebuchi Ezigbo in Abuja There are indications that intrigues and misrepresentation of facts may have been part of the heightened controversy over the decision of the leadership of the All Progressives Congress (APC) to adopt Chief Rotimi Akerdolu as its candidate for the forthcoming Ondo State governorship election.

The warring parties in the raging controversy have taken divergent positions, with each justifying their positions based on the deliberations at the meeting of the National Working Committee of the party held to consider the report on the primary election.

THISDAY was able to obtain credible information on the proceedings at the various meetings held by the NWC to try and resolve the crisis.

One of such documents captured vividly the proceedings during the meetings as well as what led to the party’s decision to dump the appeal panel’s report on Ondo primary election.

The document narrated what transpired on the last day of the meeting where the national chairman informed the meeting that he had some level of consultations with stakeholders even though not exhaustive due to time constraints occasioned by the deadline for the submission of candidates.

On the last day of deliberations on the matter, the NWC members became polarised with some queuing behind the option to submit a dummy candidate to the INEC pending a political resolution, while the other group supported

the decision to submit the name of the winner of the primary election.

Those in support of submitting a dummy argued that arrangement for credible and transparent accreditation were not adhered to.

They said it will be wrong to state in good conscience that the right aspirant emerged as a winner of the exercise. On the other hand, those on the side of upholding the result of the primary election, said since the primary election substantially complied with the rules guiding the process, it would amount to injustice if the name of the winner is not submitted.

From the account of proceedings as recorded in the minutes of the meeting, both those for and against the submission of Akeredolu’s name stood their ground with each side marshaling good reasons why they should have their way.

Having reached a deadlock on the matter, the national chairman called for balloting through the open secret balloting. However, an interjection came from the National Organising Secretary, Osita Izunaso, who drew the attention of the meeting to its previous decision in which the report of the primary election was adopted while that of the appeal committee was set aside.

He said that the implication of the decision was that the NWC had already voted to accept the result of the primary election and to submit the name of the winner unless NWC will have to reverse itself on the matter.

The report quoted Oyegun of having taken the decision to submit Akeredolu’s name at a point when it was obvious that the party had

152 NigeriansVoluntarily Return from Libya Chinadu Eze About 152 Nigerians were brought back from Libya yesterday evening through the Murtala Muhammed International Airport (MMIA), Lagos.

The deportees, according to sources, stated that they voluntarily returned to the country on their own accord but it was recorded that some of them had tried to make their way to Europe, although unsuccessfully.

It was learnt that the deportees arrived on board a Libyan Airline aircraft, an Airbus A330-200 with

registration number 5A-LAT. As at the time of filing this report, the statistical breakdown of the returnees was still unknown.

On August 23, 2016, another batch of 241 Nigerians arrived the Murtala Muhammed International as voluntary returnees from Libya.

Like in the past, the flight of the latest returnees was facilitated by the International Organisation for Immigration (IOM).

The deportees were documented on arrival at the cargo wing of the Lagos international airport by officials of National Emergency Management Agency (NEMA).

Coronation: Benin Crown Prince Shifts Movement to Uzama Palace Adibe Emenyonuin Benin City The journey to ascend the Benin throne which began last Saturday, has taken the Crown Prince of Benin Kingdom, Prince Eheneden Erediauwa, to Uzama Palace today.

He was expected to leave the Eko-Ohae for Uzama Palace yesterday, but extended the journey to today because of the state of the road.

The coronation rituals and ceremony will take place at the Uzama Palace which was first built and lived in by Prince Oranmiyan before Oba Ewedo moved the Oba Palace to its present location.

A makeshift building has been

erected at the Uzama Palace ground located along Siluko Road, and workers were seen maintaining the road leading to the Uzama Palace.

The ancient road known as ‘Odeoba’ (Oba’s road) which the Crown Prince will walk through was being repaired as at press time.

Prince Erediauwa is expected to walk through Oba Market road through Ebo Street and Odeoba to Uzama Palace.

Against this backdrop therefore, motorists and pedestrians have been barred from driving or walking on Ebo Street, just as the chiefs in red attires were seen on the road preventing people from passing through the road.

no option than to comply with the INEC deadline or risk being shut out from participating in the Ondo governorship election.

According to the record if the minutes of the meeting, Oyegun had assured members of the NWC that there will be consultations with stakeholders before any final decisions is taken.

The position of the APC leadership was also strengthened by the legal advice provided by the party’s National Legal Adviser, Dr. Muiz Banire, who after evaluating the appeal panel’s report opted for its outright rejection.

Muiz in his advice said : “ I have carefully gone through the report of the appeal committee on the petitions against the just concluded Ondo state governorship primary

election. I have also taken into consideration the pieces of evidence relied upon by the committee in arriving at its recommendation that the election result be annulled and fresh election to conducted.”

He raised several posers including wondering whether there was any credible evidence unequivocally showing that such fake delegates actually participated in the primary election. He also raised questions as to whether the committee did verify that names of such fake delegates appeared on the register and how they were able to secure accreditation cards.

The legal adviser posited that the rule of the election is that once there is substantial compliance, the election must be upheld, adding that the appeal panel agreed with the position only

that it suddenly summersaulted in its decision.

In its report submitted on September 14, the APC Appeal committee on the governorship primary, said that in view of the observed irregularities and for the sake of equity fair play, the result should be cancelled.

It recommended that a re-run election should be ordered immediately in order to beat the INEC’s deadline.

On the allegation about the distorted delegates list, the appeal panel recommended that a properly harmonised delegates’ list acceptable to all the parties concerned be compiled after election.

The report of the appeal panel signed by two out of the panel

members, Helen Bendega and Alhaji Musa Umar read: “ In making the above recommendations one is not unmindful of the fact that there may have been substantial compliance in the conduct of the exercise. However, that consideration may not be sufficient reason to ignore such serious and weighty, identified irregularities.”

But there was a minority report put together by the third member of the panel, Ms. Nikky Ejezie in which he faulted his colleagues report, claiming that it must have been sponsored.

While rejecting the appeal committee’s report, Ejezie said that she found the procedure adopted by the two members of the appeal committee as unbecoming of a committee work.

LOOK INTO OUR CONDITION

L-R: Senate Deputy Minority Leader, Senator Philip Aduda; Leader of the Internally Displaced Persons (IDPs) from Gwoza, Borno State, Alhaji Ibrahim Adamu; Senate President, Dr. Bukola Saraki; and Deputy Senate Leader, Bala Ibn Na’allah, during a courtesy visit by the IDPs in Gwoza to the Senate in Abuja.... yesterday Julius Atoi

Southern Kaduna Cries out over Fulani Persecution Accuses El-Rufai of attempt to seize land for grazing Paul Obi in Abuja The people of Southern Kaduna yesterday cried out over the incessant cases of persecution by the Fulanis, accusing the state government of failing to defend them.

Speaking through the Catholic Diocese of Kafanchan, they deplored the continuous attack on Southern Kaduna people.

The Director of Social Forum of the diocese, Rev. Fr. Alexander Thomas Yayock, explained that the lives of the people remained under severe threat and danger.

He said: “It is no longer news that Southern Kaduna, a predominantly Christian area of Kaduna State, has become the theatre of insecurity – kidnappings almost on a daily basis, killings and raping of women alleged by Fulani men -- the result of which is the untold hardship that has visited our people in no small quantum and has also affected the religious and socio-economic life of the people.

“Recently, a former national president of the Catholic Women Organisation of Nigeria (CWO) – an illustrious daughter of this area,

Mrs L.L. Mallam -- was, along with her husband, kidnapped, while hundreds, if not thousands, are leaving their homelands especially in Sanga and Jema’a Local Government Areas as a result of these tragedies.

“Our people who have farming as their common means of survival can no longer go to their farms because, as it is now, the fear of the Fulani is the beginning of wisdom.”

According to Yayock, “amidst all these abnormalities, the status quo seems normal for the Kaduna State government whose primary responsibility, as it is of any government, is the protection of life and property of her citizens, seems to be sitting on the fence.

“All we hear today is the effort of the El-Rufai-led government to lure some of our traditional rulers into leasing some of their farmlands for yet another grazing reserve at a time that the Ladugga grazing reserve which is probably the largest in West Africa has become a breeding ground, nursery, brewing factory and the incubator that has continued to hatch all sorts of criminals that are responsible for the misfortune that has come to stay

with us. This is really unfortunate and unacceptable.

“This is also coming at a time that the Southern Kaduna Peoples’ Union (SOKAPU), which is probably the only platform that has the locus standi to speak for the people of Southern Kaduna, has taken itself to the court,” he said.

Yayock observed that “more worrisome is the fact that our politicians have become so lackadaisical to the extent that they cannot speak for the people they represent. And this is no surprise because Southern Kaduna is one area with so many politicians without a political class or an agenda.

“It is also difficult to understand the rationale behind the fact that these attacks are only prevalent in the southern part of the state and not in the northern part.

“This raises reasonable suspicion that someone somewhere has a hidden agenda that is for anything except the good of the area.

“May we use this opportunity to also humbly and sincerely call for the cancellation of, especially, the Christian Association of Nigeria (CAN) which came into being in the

1970s with the sole aim of uniting Christians but which has in recent times been turned into a platform of survival and ostentatiousness by some charlatans parading as men of God whose sole aim is to enrich themselves with ill-gotten wealth from politicians with questionable character.

“Little wonder the recent scramble for leadership of the association has shamelessly dragged them to the courts.An association that is supposed to unite its followers is now itself a victim of division.”

He added that “this explains why organised nations like Britain, USA, Israel, etc, have no such associations because, by their very existence, the society is reminded of what divides it.

“We are tired of preaching to our people to remain peaceful and tolerant in the face of these tragic events, even when we know they have the capacity to defend themselves. We do not want a repeat of Zangon Kataf crisis.

“The government must rise to its responsibility of protecting lives and properties of her citizens as enshrined in the 1999 Constitution (as amended), or else the people have the right to self-defence.

TUESDAY OCTOMBER 11, 2016 • T H I S D AY

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CRIME&PUNISHMENT Falana Asks LASG to Establish Police Service to Battle Kidnapping Urges states to conduct their own headcount Gboyega Akinsanmi A human rights lawyer, Mr. Femi Falana, yesterday asked the Lagos State Government to establish its own police service to effectively respond to kidnapping and other security challenges the state had been facing.

Falana, a Senior Advocate of Nigeria (SAN), urged all the states to conduct their census to determine the actual population of the state for effective planning, insisting that no law “prevents the states from doing so.”

He canvassed the position at the 2016 World Habitat Day, which the Lagos State Ministry of Physical Planning and Urban Development marked at the Adeyemi Bero Multipurpose Hall, Alausa, Ikeja.

Falana, who was a lead discussant at the forum, lamented that the current arrangement of relying solely on the federal government for

policing “is not fully working to tackle the enormous security situation confronting the state.”

He argued that security “is a fundamental right that every resident of the state must enjoy.

And the government must do everything possible to protect the people” thereby urging the state government “to set up its Police Service to effectively protect the people.”

Falana said the state government “can no longer sit and wait for Abuja to send policemen to the state, and as such, it should go ahead to set up its police service to effectively address the security situation in the state.

The human rights lawyer urged the state government, through the Ministry of Justice to work with some experienced lawyers “to perfect modalities for the establishment and take off of the police service.

“We have a right to security.

The Lagos State Government can no longer continue to wait for Abuja to send 3,000

or 4,000 policemen to the state.

We have a right to life. We have a right to security under the 1999 Constitution.

“Let us sit down; get a few lawyers to work with the Ministry of Justice and devise how we can set up our own police service that we will protect the people of Lagos,” human rights lawyer explained.

On the headcount, Falana said census “is in the Exclusive Legislative list. But I get frustrated when I hear people say there are about 21 million people in Lagos. The state government must sit down and conduct census to determine the actual number of people in the state.

“No law says you cannot conduct censor in the state; what you cannot do is to conduct censor in other states.

You must be able to know how many people you have in Lagos so that you will be able to plan.”

Besides, Falana said the state

government should enforce the Tenancy Law of 2011 and the recently enacted Anti-Land Grabbing Law, noting that the insanity of thugs coming “to harass people during development of properties must stop, as such was unacceptable in a civilised society such as ours.”

He urged the state government to tackle the issue of illegal and unapproved structures, noting that the problem must be addressed from the start when they such structures were being erected to safe many lives in future.

Falana commended Lagos State for being consistent in setting aside a day “to celebrate the World Habitat Day. It is a testimony to the fact that the government recognised the right of citizens to housing in accordance with Rule 11 of the International Covenant on Human and Peoples’ Rights which has been ratified

by Nigeria and Section 16 of the 1999 Constitution (as amended).”

In Brief

Police in Kano Ready to Deal with Any Illegal Shiite Procession

The Kano State Police Command has vowed to deal with any religious group organising processionsandviolatingthelaw.ThestateCommissionerofPolice, Mr.RabiuYusuf,boldlywarnedthatthecommandwillnotrelentinensuringthat law and order prevails on any religious group or sect that is trying to become a threat to the public peace and order. According to a statement signed by the spokesman of the police in Kano, Magaji Musa Majia, and made available to THISDAY in Kano yesterday. The statement warned any group which would organise and conduct processions in the name of religious rite in the state. He said the command will continue to respect the Right to Religion but will not allow any group to misuse the right by breaking the law and infringement of other people’s rights in the community and public roads.The police command urgedpeopleofthestatetocontinuetocooperatewiththecommandtoavert the criminal intent of some few elements in the state and its neighbourhood.

NDLEA Arrests Drug Dealers with N2.5bn Illicit Drugs

The Cross River State Command of the National Drugs Law Enforcement Agency (NDLEA) has announced that it has arrested two men in Cross River Statefordealingin MethamphetamineEphedrinevaluedatN2.5billion.Making the announcement in Calabar, the state Commander, NDLEA, Mrs. Anthonia Edeh, said the arrested persons who are suspected to be drug barons are Mr. Azuka Emmanuel, 55, and Ndubuisi Okafor, 23. Edeh said they were arrested in a commercial bus along Yahe-IkomTrans International Highway in possession of 76.050 kilogrammes of Methamphetamine and 100.1 kilogramme of Ephedrine worth N2.5 billion. Edeh who addressed journalists yesterday on the arrest, said the suspected drug barons were apprehended during a stop and search operation along the road. Edeh said it was in the search process thatNDLEAoperativesdiscoveredthattheMethamphetaminewascarefully concealed in Golden Morn cereal packs while the Ephedrine was concealed inside Semovita packs and five industrial fillers. She said the command remained committed to rid the state of illicit drugs trade and consumption.

EdehcommendedofficersandmenoftheNDLEAforperformingtheremarkable feat. Edeh said the suspects would be charged to court soon.

Detectives Unearth Shops with Illeagal Police Kits, Arrest Four

The Lagos State Police Command has uncovered some shops in the Police College, in Ikeja, where illegal police uniforms, kits and accoutrements are sold to both police officers and suspected criminals.

Already, four females have been arrested in connection with the alleged criminal activities and the uniforms and accroutrements recovered. The kits include boots, belts, badges, ranks, shirts, trousers, force numbers, cardigans and caps and the suspects are presently facing interrogation at the X-Squad of the state police command.

A police source said the discovery was made following petitions from concerned citizens in the police college to the Inspector General of Police, that suspected criminals were coming to purchase police uniforms and accroutrements in the shops. It was gathered that following the petitions, the IG, Idris Ibrahim, constituted a panel of inquiry headed by a retired an assistant general of police, who recommended that the Lagos command should investigate the matter.

It was further gathered that the Lagos State Police Commissioner, Fatai Owoseni, ordered the officer-in-charge of X-Squad, Bode Fakeye, to take over the investigation. A police detective said: “We went to the shops and discovered that truly people were selling police uniform and kits and people believed to be civilians were coming to buy them. “We have to arrest the people in the shops and seized 11 big bags of police uniforms and kits such as belts, identify cards, emblems, boots, socks, etc. “The exhibits and the suspects have been moved to the state command headquarters, while we are still tracking the other suspects on the run.” The suspects, however claimed that they were not aware that it was an offence to sell police kits without authorisation.

TIME TO FACE THE LAW

Kidnappers of the wife of Governor of the Central Bank of Nigeria (CBN), Mrs. Margret Emefiele, being paraded by the police in Abuja.... yesterday

Tax Waiver: Obiano Orders Principals to Refund All Illegal Levies or be Sacked David-Chyddy Eleke in Awka The Anambra State Government has ordered principals of public secondary schools in the state to immediately refund all illegal levies collected from students or face sanctions.

The Chairman of the state Post Primary Schools Services Commission, Mrs. Joy Ulasi, announced this in a joint management meeting with principals of schools held at the commission’s headquarters in Awka yesterday.

THISDAY gathered that this might not be unconnected with the abolition of some taxes and levies in the state as measures to cushion the effect of the economic downtown in the country on the people by Anambra State Governor, Chief Willie Obiano.

A statement by the commission’s Public Relations Officer, Dr. Felix Uzor, warned that “henceforth any principal whose act would constitute sabotage to Obiano’s recession relief package would be removed

as a school principal.”

The statement said: “She directed the principals of all secondary schools in the state to refund to the students any levy collected without approval letter on or before October, 12.

The statement read in part, “The chairman of Anambra State Post Primary Service Commission, Lady Joy Ulasi has announced ban on collection of machetes and hoes from any student in public secondary schools in the state for the next three years, as well as other

items not expressly approved.

“Schools should make judicious use of the matches and hoes collected from students in previous years to do manual labour in schools.

The President of Association of Principals of Secondary schools in the state, Victor, had in his remarks warned those he called “bad eggs” among principals to desist from soiling the names of majority of the principals who had worked so hard to place Anambra tops on the academic map.

FCT Police Refer 36TrafficViolators for Psychiatric Evaluation

The Federal Capital Territory (FCT) Police Command in collaboration with the officers of the FCT Directorate of Road Traffic Services have arrested 36 motorists for beating traffic lights in the city. The violators have also been subjected to psychiatric evaluation at the Karu Psychiatric Hospital. This was sequel to the directive of the FCT Minister, Muhammad Musa Bello, for the FCT police command to arrest any motorist that beats traffic lights in the FCT and be taken to psychiatric hospital for immediate test. All the motorists so far arrested and conveyed in ambulances to the hospital have undergone psychiatric tests at the hospital but were certified by the doctor to be medically fit. Those arrested have been fined to serve as a deterrent after bearing the cost of the psychiatric test. Meanwhile, the culprits have also been made to attend a compulsory three-day lecture at the headquarters of the FCT Directorate of Road Traffic Services on the importance of complying with traffics signs and road markings. The exercise which the police commenced on October 5 on the directive of the minister is a continuous one as it has entered second week. The police recently deployed very senior officers within the ranks of Assistant Superintendent of Police and Inspectors to man the speed bikes to ensure high level of discipline from them to curb impunity and work in disciplined, efficient and effective manner.

46

TUESDAY, october 11, 2016 • T H I S D AY

TUESDAYSPORTS

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

2018 WORLD CUP QUALIFIER

Buhari, PDP Salute Eagles over Zambia Victory Tobi Soniyi and Onyebuchi Ezigbo in Abuja President Muhammadu Buhari has said the victory of the Super Eagles over Zambia at the weekend in a 2018 World Cup qualifying match is not only tonic for Nigeria at a time like this, but also a confidence booster that the indomitable Nigerian spirit is well and alive.

In a statement issued yesterday by his Special Adviser on Media and Publicity, Mr Femi Adesina, the president said the national team had begun its qualifying campaign for Russia 2018 World Cup by beating Zambia 2-1 in Ndola, a development he described as “cheering and soul-lifting.”

The president said it was a sign of good things to come, urging the team not to rest on its oars till it eventually qualified for the global soccer fiesta.

Buhari said: “This is but the first step in a long journey.

However, that step has been well taken. An away victory at this level, in which the stakes are quite high, is remarkable.

The ultimate is to qualify for Russia 2018, and fly Nigeria’s flag alongside those of other giant soccer playing nations.

I look forward to that, and I urge the team and their handlers to always keep their

eyes on the ball.”

Meanwhile, the Peoples Democratic Party (PDP) has given kudos to the Super Eagles for their win over Zambia.

The party said the outstanding performance of the senior national soccer team has put Nigeria two points ahead of Cameroun and Algeria in Group B of the qualifiers.

In a statement issued by the Head of Publicity, Chinwe Nnorom, the party also praised the effort of the new Super Eagles Technical Adviser, Gernot Rohr and his entire team.

“We commend the new Super Eagles Technical Adviser, Gernot Rohr and his entire team for their wonderful outing in Zambia and urge him to qualify Nigeria for the Final of the Russia 2018 World Cup. “We also urge the Nigerian Football Federation (NFF) to support the new technical adviser for the overall success of the Super Eagles in the qualifying series,” it said.

The Super Eagles defeated the Chipolopolo of Zambia 2-1 at the Levy Nwanawasa Stadium in Ndola last Sunday afternoon with Arsenal forward, Alex Iwobi and Man City’s Kelechi Iheanacho scoring the two goals.

Nigeria’s next home game against Algeria comes up on November 12 at the Nest of Champions Stadium in Uyo.

Chess Prodigy, Anwuli, Dominates at Millionaire Event in America Femi Solaja FIDE Master, Daniel Anwuli, was the toast of global chess community at the famous Millionaire Chess event that was rounded up last night in which the Nigerian Chess prodigy secured a massive 4.5 points from seven round of play.

Anwuli, a debutant at the last World Chess Olympiad in Baku Azerbaijan showed shade of his genius in end games after defeating two Grand Masters of the game in the last two rounds to hit the big playoff for the U/2400 level.

After a poor start, losing to Grand Master Jones Gawain of Great Britain (2647) and Tomb Maroun (2109) of Canada in the first two rounds, the Nigerian prodigy bounced back to winning way with a massive win over Candidate Master, Bayaraa Chinguun USA (2065), and Francisco Alonso (1925) but drew with IM Gorovets Andrey (2543).

However in the last two, the prospect of the Nigerian got a big boost after sending the Grand Masters to the cleaner, making it the fourth time this year since his famous win at the Dubai Opens.

Playing in the white side of English opening, Anwuli dominated GM Ivanov Alexander (2476) all through before the highly rated player resigned in the 55th move.

In the last round, he became more resilient against GM Holt Conrad (2549) USA in black side of Grunfeld opening in 146 moves and received a loud ovation from several chess commentators in the playing arena. The feat of the Nigerian went viral on all social media platforms.

“I am very proud of the young lad and same with other Nigerian players that participated in this event. Anwuli is a promising player and still have a lot to do for the country if only he can attend more tournaments of this stature. He is one of the best in his generation of players in the country,” Nigeria Chess Federation (NCF) President, Lekan Adeyemi who is at the event, remarked last night.

In his remark, Anwuli noted that he was able to adjust after the initial setback to hit the main pool for the Millionaire play-off but hope to get better result next time.

L-R: Brown Ideye, Onazi Ogenyi, Kelechi Iheanacho and John Mikel Obi celebrating the second goal in the 2-1 defeat of P H OTO : N F F Zambia… last Sunday

Attempt to Arrest LMC Boss, Dikko, at Abuja Airport Foiled Police detective fires shots as football stakeholders resist the arrest Duro Ikhazuagbe There was pandemonium on Sunday night at the Nnamdi Azikiwe International Airport in Abuja when Super Eagles returned from Ndola with maximum points in Nigeria’s opening 2018 World Cup qualifier with Zambia.

THISDAY correspondent that arrived Abuja from Zambia with Super Eagles reports that the two gunmen claimed to come from the FCT Police Command with the mandate of the police commissioner

to arrest the Chairman of the League Management Company, Shehu Dikko, who is also the second vice president of the Nigeria Football Federation (NFF).

There was a disagreement between the leadership of the NFF and the detectives. NFF insisted that the order was not proper as the LMC had appealed the judgment of the Plateau High Court judge.

It was at this point that one of the gunmen pulled out his gun and threatened to shoot anyone interfering with his

job. With temper flaring, the detective repeatedly fired shots into the dark airport sky.

Sports Minister, Solomon Dalung, and President of the Nigeria Football Federation (NFF), Amaju Pinnick, and other football stakeholders who arrived the airport with Eagles intervened to save an angry mob from lynching the detectives.

The LMC has been locked in a legal battle over the expulsion of Giwa FC from the Nigeria Professional Football League due to the Jos-based

team’s infractions on the rules governing the league.

The league body appealed the conviction of Dikko and the Chief Operating Officer of the league body, Salihu Abubakar for contempt of court.

Justice I.I. Kunda of Plateau High Court in Jos recently committed both Dikko and Abubakar to 14 days in prison for disobeying his court order.

The ruling was sequel to a suit filed by a supporter of Giwa FC praying the court to order the reinstatement of the club to the league.

AchimotaVows to Avenge IBB Club Match-play Drubbing Olawale Ajimotokan in Abuja Following their hiding by IBB Golf Club, Abuja during Nigeria’s 56th Independence Day Anniversary, Achimota Club 1924 of Accra has vowed to exact a pound of flesh in the next window for a rematch between the two clubs.

IBB Club won the double and single matches 27-10 after two days of intense competition that ensured the trophy will be kept in Abuja until next year.

However, the Achimota Vice Captain, Mark Cofie (Jnr) has promised that the result will

be reversed in the first week of March 2017, when the Nigerian delegation returns to Accra for Ghana’s 60th Independence Anniversary.

Typically, golfers from the countries’ capital cities socialise and engage in light-hearted commemorative matches as one of the highlights of their national day celebration.

Cofie, who lauded the historic bond between Nigeria and Ghana, said that local knowledge will come into play when IBB visits the Paul McGinley redesigned Achimota next year.

“It’s my first visit to Abuja and I am amazed at the beauty and serene environment of the golf course. I like to acknowledge the hard work done to maintain the golf course in the current conditions. It is a very different course to what we have in Achimota. Even though our hosts from IBB have been there a number of times, our superintendent continues to keep it tricky and interesting. Though we will have the advantage of knowing how to play the course, we shall not rest on our laurels and will make sure we give IBB a

tough run for their money when they return,’’ Cofie vowed.

While lauding the nature of the ties between Ghana and Nigeria, Cofie said the bond has confounded many people trying to understand the basis of the regional relationship. “Honestly, I don’t know whether it’s in the variation in the jollof rice or we were both colonised by the British. There is no doubt that the friendship we have had is historic and will continue to grow.

May be it is not important how it started but it’s important how we continue to develop and grow it’’.

47

T H I S D AY • TUESDAY, OCTOBER 11, 2016

TUESDAYSPORTS

Eagles: A Different Game on Air Celebrating Ndola Victory Nigeria began the march to Russia 2018 World Cup on a bright note on Sunday afternoon in Ndola, grabbing maximum points against the Chipolopolo of Zambia. DURO IKHAZUAGBE who witnessed the encounter reports…

Super Eagles captain, John Mikel Obi, was a very happy man on Sunday night aboard the Arik Airline flight from Ndola in Zambia to Abuja. The reason for Mikel’s expansive laughter and hand pumping was obvious to all who know him. To some, the Chelsea star is more of a recluse, who hardly mixes with teammates or even fans. But that night was different. As captain of the Super Eagles, Mikel was like the commander of a battalion who has just led his army to conquer a very crucial territory.

Beating the Chipolopolo in a World Cup qualifier right in front of their President, Edgar Chagwa Lungu, at the Levy Mwanawasa Stadium in Ndola was no mean feat.

Grinning from ear to ear and shaking hands of some of the football stakeholders partying aboard the aircraft, Mikel opened up to THISDAY: “This victory is good. It has given us the edge in our Group B. Winning away in a tight group like this is not easy. Now, we have a very good chance to qualify for the World Cup if we keep our heads and play at our best level.”

Sipping from the drink in the paper cup in his left hand intermittently, Mikel attributed the good run that afternoon to the commitment of the players and the coaching crew. “I have the belief that we can reach new heights with this team. The boys are so committed that it makes you happy. The coaching crew is made up of very matured and brilliant people who respect the players,” observed the midfielder who is now the second longest serving player at Chelsea FC having spent 10 years at Stamford Bridge.

In his analysis of the game with the Chipolopolo, Mikel admitted that the combination of the experience of the mostly Europe-based players helped to give Eagles the edge over Zambia.

“They (Zambians) got confused by the short passes between our forwards and the midfielders.

They perhaps were expecting long balls but we opted not to do that but take the game to them in the way that got us the two goals in the first half,” stressed Mikel who led Nigeria’s Olympic team to bronze medal finish at the last Games in Rio, Brazil.

With Eagles in firm control of the Group B pairing on three points with both Algeria and Cameroun having just a point each following their one-all draw same Sunday night in Algiers, the Blues midfielder insists that Nigeria cannot afford to allow any slip now. “Each and every one of us is determined to go to the World Cup. Now that we are top of the table, we have to remain there,” said Mikel as he took another sip from the content of his paper cup.

What perhaps is giving the Eagles supremo the confidence to remain on top of the group is the fact that Nigeria’s next two games of the qualifiers are at home in Uyo to Algeria and Cameroun in November and early

Super Eagles’ Onazi Ogenyi (left) and Rainford Kalaba of Zambia on a one-on-one during Sunday’s game in Ndola next year. “We should be able to consolidate with this advantage.

By the time we will be going away to Cameroun and Algeria, we should have maximised the advantage to stay at the top of the group.”

At 29 years, Mikel believes he has the capacity to continue playing at top level till his 35th birthday. “I am 29 years now and my desire is to continue playing till I am 35 years old.

The boys need my experience to guide them. I want to lead the team to the World Cup in Russia and make impact.”

Although Mikel had earlier admitted at the post-match conference that the group is a tough one having three teams at the last World Cup in Brazil and a 2012 AFCON winner paired together, he however believes with the Franco-German coach, Gernot Rohr, in charge and forging a new spirit in the

team, Nigeria is in safe hands.

Midway into the four hours and 20 minutes flight from Ndola to Abuja however took a new tempo with the blaring of Nigeria’s hip-hop star, Phyno’s tune, ‘Connect’ from a Bluetooth speaker, turning the Airbus 737-800 series into one large party hall. Interestingly, it was a double celebration for one of Mikel’s players, Brown Ideye, whose birthday fell on that match-day one of the Russia 2018 qualifiers.

Nigeria’s Sports Minister, Solomon Dalung; former NFF President, Aminu Maigari; NFF President, Amaju Pinnick; his other board members on board the flight like 1st VicePresident Seyi Akinwunmi; 2nd Vice-President, Shehu Dikko; Chairman of the Technical Committee, Chris Green; board member and Chairman of Enyimba FC, Felix Anyasi-

Rohr’s Plaudits for Eagles Super Eagles Technical Adviser, Gernot Rohr, has said that the “very good spirit” of the Nigeria national team was vital in Sunday’s 2-1 2018 World Cup qualifying win over Zambia in Ndola.

Rohr, who praised the battling qualities displayed by his side on Sunday, admitted that the Chipolopolo were the better side in the second half.

“The result is a reflection of what happened in the match.

What happened in the first half

was what we expected. We played well and we scored.

“In the second half Zambia was the better team. They pushed and pushed and they almost made it 2-2, but the spirit of our team was very good, so we managed to defend until the end,” Rohr said at the joint post-match conference, which was also attended by Zambia coach Wedson Nyindera.

Nyindera praised the fans for their support while also stressing that he is still trying to build a team.

Agwu; former COJA chieftain, Mainasara Illo; and several chairmen of state FAs and clubs joined in popping champagne to celebrate Ideye’s birthday.

Dalung, who was equally as happy as every Nigerian on that flight, showed some dancing skills to the delight of all. The Plateau State lawyer-politician hinted he last danced 22 years ago but happy doing so again to celebrate Nigeria’s victory over Zambia.

But the anticlimax of the night was the news on arrival at 11-20pm at Nnamdi Azikiwe International Airport that the Indomitable Lions played oneall with Algeria to deny the Desert Foxes from sharing the glory of another three-point winners in the group.

Nigeria won a competitive away game for the first time in 23 months as Alex Iwobi and Kelechi Iheanacho scored before Collins Mbesuma pulled one back in the Zambian Copperbelt capital. Manchester City of England prodigy Iheanacho has now scored in each of his last four matches for Nigeria: against Mali in France; Luxembourg in Luxembourg City; Tanzania in Uyo and; Zambia in Ndola.

The Zambians had hoped to get Nigeria’s Europe-based contingent rendered weak and dehydrated with an early afternoon start (2.30pm), but the Eagles approached the match in a matured manner, not engaging in too much running in the first half-hour, and then taking their

chances without blinking.

The quintet of goalkeeper Kennedy Mweene, Stopilla Sunzu, Nathan Sinkala, Rainford Kalaba and Collins Mbesuma were familiar faces in the Zambian starting line-up. But Fwayo Tembo, Chisamba Lungu and Winston Kalengo are also known to be tough customers.

They tried to run hard and wear the Eagles down in the 35-degree heat, but after surviving the first half-hour, the Nigerian attack stepped up a gear and scored two brilliant goals in 10 minutes.

Eagles’ goalie Carl Ikeme and Williams Troost Ekong however stood out of the Nigerian pack with their five-star performances in Ndola.

NSA, HotSports Hold Parley on This Year’s Award Organisers of the renowned Nigerian Sports Award – Unmissable Incentives Limited in conjunction with HS Media Group – a leading sports marketer in Nigeria, will hold a press parley today, October 11, 2016 in Lagos to brief the public on the nominations so far as the next edition of the prestigious award, which comes up on December 2, 2016 draws closer.

With the public choices for the various categories of the award closed on September 23, the Executive Director, Unmissable

Incentives Limited, Mr. Kayode Idowu will use the opportunity to shed light on preparations for this year’s award.

Mr. Idowu will also, in the parley, which holds at the complex of HS Media Group in Oregun – Lagos, dwell on the ground-works thus far and the high dignitaries expected to grace the occasion, which will be the 5th in the series.

This year’s Award that will hold in Lagos at the Banquet Hall of Eko Hotels & Suits, the Chairman of the Award panel, Mr. Ikeddy Isiguzo

had promised, would surpass all the previous editions in terms of organization, content delivery and choice of award winners.

For this edition, there are a total of 19 categories, which recognise individuals, male & female; physically challenged; continental participants; federations; indigenous games, media and community builders.

The award, which has been acknowledged internationally, debuted in 2012 with over 62 recipients picking their honours over the past four editions.

TR

Tuesday October 11, 2016

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MISSILE SERAP to DSS

“We are seriously concerned about the wave of arrests, intimidation and harassment of judges across the country by the DSS. While we fully support the government’s efforts to eradicate judicial corruption, we cannot accept anticorruption strategies and methods which patently offend the rule of law and undermine the authority, integrity, sanctity and independence of the judiciary.”

– The Socio-Economic Rights and Accountability Project (SERAP) condemning the arrests of some judges by the operatives of the Department of State Services (DSS).

DONETIEBET GUEST COLUMNIST

That Warning of Former NNPC GMDs on the Oil Industry

I

read with keen interest the warning meted out by the former Nigerian National Petroleum Corporation (NNPC) group managing directors (GMDs) on the oil Industry as reported in THISDAY of Sunday 4th September, 2016, when they held a meeting with the current GMD, Dr. Maikanti Baru. Apart from other recommendations, they expressed “the urgent need for government to refocus as well as engage the various host communities as well as establish social and traditional structures to develop an actionable partnership framework towards finding a lasting solution to the present unrest”. I got amused at this advice, because I wondered why they did not think of this when they were in office at their respective times and took the necessary steps to address them.

In the first place, out of the 13 of them that visited Dr. Baru or sent apologies, seven of them are indigenes of the afflicted areas of the Niger Delta Region and they forgot to think of this solution then. Secondly, some of them in that group pride themselves as the authors of the Joint Venture Agreement (JVA) between the federal government and the International Oil Companies (IOCs), which they put up as the operating terms and conditions for the Joint Venture Companies (JVCs) with NNPC (on behalf of the Federal Government of Nigeria) to operate under their supervision. Why did they not include the above recommendations in the JVA and see that they were implemented? They also jointly prepared the operational budgets of the JVCs with the IOCs which they took to the government of the day for approval.

Why did they not include provisions for attending to those things, which they are recommending today to the new GMD, in the budgets during their times in office of which the federal government contributes its quota through the cash calls provisions?

Let them provide evidence that they did and were removed or not implemented by the JVCs so that we know whom to blame.

As co-preparators of the yearly budgets with the JVCs and supervisors of their implementations, year in year out during their times in office, let’s see whose fault it was that the JVCs did not implement the corporate social responsibilities (CSR) in their respective operational areas as provided for in the budgets, as it is the norm in other countries in keeping the environment of operations clean and providing resettlement housing where necessary. Other amenities such as schools, health clinics, drinking water, light and roads in the sands and muds of the producing communities could have been included in the budgets as the IOCs included five star production boats in the budgets for their comfort and were approved and contributed to by Government through Cash Calls. In this way some of those problems and unrest today in the creeks including naked children roaming around in the slumps without schooling, looking through the fenced opulence of the Operators in disbelieve, would not have occurred.

As engineers and oil technologists in the art

Baru

of oil exploration and production, I believe that the former GMDs should have been able to supervise and advise the IOCs on their shortcomings in the field and took proper steps to remedy them as they occur, be it oil spillage or effects of gas flaring and seismic works on the environment during the budgeting processes which funding were incidentally shared between the IOCs and the government. There was no evidence that while government paid for those good facilities for the IOCs through the cash call provisions in the yearly budgets it refused to pay for the CSR provisions for the producing communities.

The report continued that “the former GMDs advised that the refineries be rejuvenated using the Original Equipment Manufactures (OEMs)”. Haba! This coming from them today without asking themselves, why did they not do that when the powers were all on their table? I remember trying to cause this to be done by wanting to call in the OEMs, soon after their turn around maintenance (TAM) at the Kaduna Refinery in 1993 and Chief Ernest Shonekan, the then ING Chairman went to commission it and turned it on, the ING chairman didn’t reach Abuja from Kaduna when the refinery blew up. I set up a committee headed by the late Aret Adams to find out why the refineries kept blowing up soon after their

TAM. His recommendations were startling and made me want to call in the OEMS to overall the whole system. The former GMDs forgot to remember that during their times they refused to maintain the refineries according to the Operational and Maintenance Manuals of the OEMs which built them and left the warranties, guaranties and the technologies to expire without renewing them, preferring to do the TAM by themselves for whatever reasons, that caused the refineries to be blowing up soon after their so called TAMs. I was removed from office before I could see the efforts to bring in the OEMs through and they returned to the status quo of carrying out the TAMs themselves with third parties. That practice is what left all the refineries, including the newly built Port Harcourt Refinery, which was built in the first place, as an export refinery, in comatose and unoperational during their times in office. Deriding the incessant waste of money on TAMs that didn’t fix the refineries, the Olusegun Obasanjo administration decided to write them off and embarked upon importing petroleum products by “anybody who has the money” instead of “rejuvenating” the refineries, which combined actions have resulted in what we have today in the sector.

Again the former GMDs continued “the refineries must be restructured to operate as an Incorporated Joint Venture (IJV) similar to the Nigerian Liquefied Natural Gas (NLNG) model with credible partners having requisite technical and financial capabilities”.

I still cannot comprehend why my professional friends and colleagues decided to come out to indict themselves publicly.

Some of them were the GMDs when these refineries were set up and actually caused them to be incorporated as limited liability companies under their control as they made the MDs to report to them. Why didn’t they think of IJV then and brought in “credible partners having requisite technical and financial capabilities” as in the successful NLNG model. If they didn’t know, why come out today to advise the present GMD on what they did not know or if they knew,

The former GMDs forgot to remember that during their times they refused to maintain the refineries according to the Operational and Maintenance Manuals of the OEMs which built them and left the warranties, guaranties and the technologies to expire without renewing them, preferring to do the TAM by themselves for whatever reasons, that caused the refineries to be blowing up soon after their so called TAMs

failed to do?

And talking of the successful NLNG model which they praised today, the questions I would like to ask them are: Why did the NLNG project remain moribund for over 35 years under their watch? Why were all the acrimonies in trying to establish it all these years? Why did they not think of the model that has made the NLNG a success story today?

The simple answer to all the questions was that they all wanted to have control as in the refineries set up so that they would award the contracts and manage it, which the Technical Partners with “requisite technical and financial capabilities” kept resisting until I, Chief Don Obot Etiebet painstakingly, defiantly and with the original support of Chief Shonekan and quarrelling with everybody and being abused and accused of everything, re-launched the NLNG project with this IJV model in 1994 amidst fierce protests and opposition right up to Aso Rock whose reverberations are still lingering on till today.

I am sure of multifarious reactions but I am ready to debate whoever on the issues I have raised, as I believe the time is ripe for people to come out and confess their sins or extoll their virtues to save this country. I have gotten into this detail to emphasise the fact that we, Nigerians are very apt at blaming and advising from the sidelines but when we were in office we messed up and refused to take responsibility, disregarding the fact that governance is what you do when you are on that seat and is not for the president or Head of State alone and therefore should be ready to be held personally accountable for any omissions or commissions against the interest of the people.

I think for those of us who had the singular privilege and opportunity to serve this country of ours in any capacity, be it president/ Head of State, governors, legislators, ministers, LGC chairmen to civil servants, etc., we should remember what we did while in office to contribute in one way or the other to where we find ourselves today, and if we erred we ask Nigerians and God for forgiveness while resolving to put hands together to build a new nation of peace and progress. As we know, we have no other country but Nigeria.

Finally, according to Senator Aliyu Sabi Abdullahi from Niger North Senatorial District, as reported in the Vanguard Newspaper of Tuesday, September 6, 2016, on this issue that we should avoid “crying out loud publicly” to advise incumbents and successors in office as we may be asked if we “can be free of blame on how we got here”, making ourselves a nuisance.

Secondly the incumbent would naturally refuse to implement your advice no matter how good it is for fear of being branded a ‘stooge’. So let’s leave the incumbents alone in public and if we forgot something while in office get it across very privately and respectfully.

• Chief Etiebet was a former Minister of Petroleum & Mineral Resources

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