Tuesday 8th November 2016

Foreign Capital Importation Rebounds to $1.82bn in Q3 UK, US, Netherlands account for largest inflows James Emejo in Abuja The total value of capital imported into the country grew by 74.84 per cent to $1.82 billion in the third quarter (Q3)

of the year, but dropped by 33.70 per cent relative to the third quarter of 2015, the National Bureau of Statistics (NBS) stated yesterday.

The highest level of capital

importation since July 2016 was in August, when $894.00 million was recorded. In September, $649.76 million was imported, which was still more than any month in the

first and second quarters, the NBS stated.

The development marked the growing confidence of international investors in the Nigerian economy, following

the liberalisation of the foreign exchange market.

According to the Nigerian Capital Importation Third Quarter 2016 report released by the agency, of the 34 countries

that actively participated in investing in the country in the period under review, the United Kingdom accounted Continued on page 6

Banire Offers to Step down as APC Legal Adviser over EFCC Probe… Page 10 Tuesday 8 November, 2016 Vol 21. No 7873. Price: N250

www.thisdaylive.com TR

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& RE A S O

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Americans Head to the Polls Today in Historic Election Clinton, Trump in last minute push to win race

Zacheaus Somorin with agency report

See more stories on Page 8

After the long, bitter, divisive and gruelling election campaigns, Americans will head to the polls today in a historic election that will determine who leads the world’s only super power

and largest economy for the next four years.

The battle between the Democratic Party’s candidate, Hillary Clinton, and the Republican candidate, Donald Trump, will be eagerly watched

Makarfi-led PDP Kick-starts Move to Form New Political Alliance

by the rest of the world waiting with baited breath for the outcome of the election.

No US election in recent history has generated as much interest around world like the 2016 election. Not even President Barack Obama’s historic candidacy in 2008 came close.

The campaigns of both candidates were charaterised by lewd and incendiary language, email scandals, WikiLeaks, racism, sexual harassment and misogyny, leaked questions ahead of debates, hyperbole and outright Continued on page 6

Clinton

Trump

Sets up 85-man c’ttee, to court ex-party members in APC A’Court in marathon hearing on Ondo crisis, sitting resumes today Tobi Soniyi, Onyebuchi Ezigbo in Abuja and James Sowole in Akure Amidst the unresolved intraparty crisis within its fold, the Peoples Democratic Party (PDP) may have decided to chart a

new course by setting in motion a process that would eventually lead to the formation of a new political alliance ahead of the 2019 general election.

Continued on page 6

FG Warns IOCs Not to Treat Nigeria Like ‘Trading Colony’… Page 11

ETISALAT REWARDS YOUNG INNOVATORS…

L-R: Chief Executive of Main One Cable, Ms. Funke Opeke; the winning team, 2016 Etisalat Prize for Innovation Product and Service Category, Ojeniyi James and Oluwole Gbenga; Chief Executive Officer, Etisalat Nigeria, Matthew Willsher; and Director General, National Office for Technology Acquisition and Promotion (NOTAP), Dr. DanAzumi Ibrahim, at the 2016 Etisalat Prize for Innovation award ceremony in Lagos… recently

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TUESDAY, november 8, 2016 • T H I S D AY

PAGE SIX MAKARFI-LED PDP KICK-STARTS MOVE TO FORM NEW POLITICAL ALLIANCE In this regard, the main opposition party under the leadership of the National Caretaker Committee chairman, Senator Ahmed Makarfi, will today inaugurate a committee known as the Strategy Review and Inter-Party Affairs Committee under the chairmanship of Professor Jerry Gana.

The new committee, which is made up of 85 prominent leaders of the PDP, also has the former Deputy Speaker of the House of Representatives, Mr. Austin Opara, as its secretary.

PDP’s move is a reflection of the new thinking among its key leaders who having been frustrated at resolving the differences with the factional national chairman, Senator Ali Modu Sheriff, and are now looking for an alternative platform.

According to sources at the secretariat of the Makarfi-led PDP in Abuja, the inauguration of the committee will formally open up the process of dialogue and consultations with other political parties, including former members of the PDP who left to join the All Progressives Congress (APC), with a view to building a formidable platform.

Although the terms of reference for the committee were not published along with the membership of the committee in the newspaper advertisement published last week, THISDAY gathered that the list of prominent politicians that make up the committee was indicative that the party was looking towards a re-alignment ahead of the 2019 elections.

Some of the members of the committee include Senators Adolphus Wabara, Ibrahim Mantu, Sam Egwu, Ibrahim Kazaure, Stella Omu, Iyiola Omisore, Adamu Gumba, Emmanuel Bwacha, Saidu Kumo, Ayo Adeseun, Tunde Ogbeha, Ibrahim Ida and Hon. Emeka Ihedioha.

Others are former Governors Attahiru Bafarawa, Peter Obi, Liyel Imoke, Gbenga Daniel, Abdulkadir Kure, Sule Lamido, Idris Wada, Boni Haruna, Babangida Aliyu, Jonah David Jang and Mukhtar Yero.

Others include Mukhtar Shagari, Salimot Makanjuola Badru, Chief Tom Ikimi, Chief Onyema Ugochukwu and Chief Dubem Onyia.

The move to form a new political alliance is coming just as more facts have emerged on why the recent peace initiative in PDP collapsed.

THISDAY gathered from reliable sources in the factions of the party led

by Senators Makarfi and Sheriff that both sides disagreed on the composition of the reconciliation committee and who will chair it.

It was learnt that soon after Makarfi and Sheriff accepted to forge peace and settle their differences, the feuding sides accepted that one of the founding fathers of the party and the former National Security

Adviser, Alhaji Aliyu Mohammed Gusau, should be the one to mediate on the crisis.

Both Sheriff and Makarfi attended several peace meetings in the residence of Gusau where ideas were canvassed on how to go about setting up the reconciliation committee.

The party leaders had initially settled for 12 nominees on both sides to the committee, but had to review it to 15 at the request of Makarfi.

A source said Makarfi later changed his mind and suggested that the committee be slashed to just three representatives each from both sides of the divide, which Sheriff accepted.

According to another source from the Sheriff camp, the disagreement arose when the issue of who would chair the reconciliation committee was to be decided.

He noted that while Sheriff proposed that he and Makarfi should both step down to allow members of the reconciliation committee to choose a chairman from among themselves to pilot the affairs of the party till the next convention, Makarfi was reluctant to give up his position and objected to the idea.

“It was at this stage that Sheriff then proposed that the reconciliation committee should be headed by former President Goodluck Jonathan, but Makarfi also rejected the idea, leading to a stalemate,” the source revealed.

The source, who claimed to have monitored the proceedings closely, spoke of how Makarfi kept most of the stakeholders of the party on his side in the dark about the true picture of things regarding his talks with Sheriff.

For instance, the source alleged that Makarfi failed to relay to the leaders of the National Assembly Caucus of the party the offers made by Sheriff to step down if Makarfi was ready to do likewise.

According to the source, it got to a point where the former Deputy Senate President Ibrahim Mantu arrived from his South African trip and enquired to know the progress on the peace talks, only to discover from Gusau that Sheriff had indeed been forthcoming with offers on how to end the lingering dispute in the party.

However on his part, Makarfi blamed Sheriff for reneging on the agreements they reached.

He had told journalists in an interview in Kaduna at the weekend that the key area where they had a problem was the issue of the terms of reference for the reconciliation committee.

He said: “What we agreed was that the other side (Sheriff’s faction) will join the caretaker committee (Makarfi’s committee).

And that was the basic agreement that was reached.

“We should set up an equal number of party men and women that would sit down and look at the modality for integrating the two sides into a new caretaker committee and also draw the modality for the withdrawal of all court cases or consensual settlement of the cases.

“We agreed that in withdrawing all cases, let it be something that we all consent to so as to prevent future litigation.

“Later, I was the one that sent a message that we needed to expand it to 15 because instead of two governors we wanted to include three governors in order to carry everybody along.

“So, that was how we hit the figure 15 on each side. And the issue now became who will chair that committee and the terms of reference. On who to chair the committee, there were names that were mentioned.

“In my opinion, I thought of the person who was able to convene us without dispute should be able to chair the committee. In suggesting any other name you don’t know how it would be received by other people.

“On the choice of former President Goodluck Jonathan to chair the reconciliation committee, Makarfi said the advice against it was that the former president should not be dragged into the crisis at the moment but that he can continue to play an advisory role.”

A’Court in Marathon Hearing Also, one of the issues that has torn the main opposition apart is its governorship candidate in the November 26 Ondo election, which has been marred by law suits and counter-suits by the warring factions of PDP in the state over who should be the standard bearer of the party in poll.

A Federal High Court ruling last month saw the Independent National Electoral Commission (INEC) substituting the name of Eyitayo Jegede, who emerged the candidate of the PDP faction led by Markafi, for Jimoh Ibrahim who contested for the ticket of the party under the Sheriff faction of the party.

Following the plethora of appeals against the judgment, the Court of Appeal sitting in Abuja yesterday adjourned further hearing of appeals relating to the nomination of candidate for the Ondo State governorship election to today.

At a marathon hearing that lasted till 8 p.m., the court heard six out of the seven appeals on the dispute.

The factional chairman of PDP in Ondo, Biyi Poroye, who is loyal to the Sheriff-led group, argued his application calling for the disbandment of the newly constituted panel headed by Justice Ibrahim Salauwa.

The President of the Court of Appeal, Justice Zainab Bulkachuwa, had set up a new panel after the previous panel headed

by Justice Jummai Sankey disqualified itself over bribery allegations made by the Sheriff faction.

At the resumed proceedings yesterday, the lead counsel to Poroye, Chief Beluolisa Nwofor (SAN), drew the attention of the court to a motion he filed challenging the jurisdiction of the court.

Nwofor said the application was based on Section 36 of the 1999 Constitution and Order 7, Rule 1 of the Court of Appeal, which guaranteed fair hearing.

He told the court that the decision to set up a special panel to hear the motion was against the rules of the court.

He said: “The decision to set up a special panel was made by the Court of Appeal president on administrative grounds.

“She ought to have asked for our response upon getting the request for the constitution of the new panel.”

Opposing the application, the counsel representing Jegede, Chief Wole Olanipekun (SAN), prayed the court to dismiss the motion seeking to disband the new panel.

He said the applicant did not place any material reason before the court upon which the court would base its decision to disband the panel. He submitted that the court could not act on speculation.

Olanipekun also stated that the president of the court who constituted the new panel was also not a party in the appeals.

According to him, the decision to set up a new panel could not be set aside or form a basis for an appeal.

He also urged the court to refuse the application on the grounds that it was a deliberate attempt to truncate justice and subvert the judicial process.

Also, the appeal filed by Jegede seeking the leave of court to appeal the judgment of Justice Okon Abang of the Federal High Court was heard. Jegede in the motion sought to be joined as an interested party.

Olanipekun, who moved the motion, said his client had a vested interest in the outcome of the case and must therefore be made a party.

He also argued that the respondents did not have anything to lose if Jegede was made a party. He urged the court to grant the application as prayed.

Opposing the application, the respondents said that the court lacked the jurisdiction to make Jegede a party.

They asked the court to dismiss the motion for being incompetent.

According to them, the applicant did not properly identify the appeal he wanted to join.

The counsel to the respondents also said that the case was not before the Court

of Appeal. He therefore argued that the appeal was incompetent.

The panel has adjourned till today for continuation.

Ibrahim: I Don’t Need to Campaign Aggressively Meanwhile, as the legal battle over the standard-bearer of the PDP ahead of the Ondo governorship State continued, with the court-ordered candidate, Ibrahim, yesterday declaring that he did not need to campaign aggressively to win the forthcoming election in the state.

Ibrahim, who spoke during a parley with journalists in Akure, the state capital, noted that he was on familiar terrain, and that he did not need much introduction to the electorate in the state, as he had paid his dues.

“This is not my first time of running for the governorship of the state. In 2003 I ran for the governorship of the state under the All Nigeria Peoples Party (ANPP).

“So politics is not new and I’m not like those people who are running for the first time. I need not do all the work by moving to all the nooks and crannies of Ondo State.

“I am not new to the people of Ondo State, I ran before and I had a very impressive result at the last engagement when I ran for the governorship of this state. It’s my ambition to become the governor of this state and I’m back to realise that ambition,” he said.

Speaking on the choice of Jegede by the Markafi faction of the party in the state, he said: “Jegede is brand new in the system. He’s new, so let him take his time.

“It took me from 2008 to the present date to attain this political legitimacy. You cannot come just in one day and begin to think you can win an election like that in Ondo State. Nobody can just come and enter like that. Take your time and queue behind,” he added.

Ibrahim debunked the general perception that he has no political structures in the state and that he was

in the race as a spoiler to ensure that Governor Olusegun Mimiko’s choice for governor, Jegede, does not emerge the candidate of the PDP or wins the election.

Ibrahim said: “Even a blind man knows that we are running for the governorship of the state. I don’t need to pay back Mimiko at this time and if I have anything against Mimiko I can sue him at the end of his tenure and who told you that the fight ends when he finishes office. If I have any petition against him I can write it after he leaves office.”

If elected, Ibrahim said priority would be given to the prompt payment of workers’ salaries in the state while workers would be exposed to training and retraining to ensure they are the best in the country.

“I need to take the state from the hopeless situation in which it is, to a very hopeful situation. I need to take away injustice, we cannot afford to have a senatorial district producing governors for 16 years.

“That is complete injustice, that is hopelessness and we will not allow that, and that will not happen in Ondo State.

“My priority is the payment of outstanding salaries of the workforce because it is the workforce that can deliver the dividends of democracy or deliver efficiency and effectiveness.

“The public service is really my own major focus. I want them to be trained and retrained and I want them to be first among equals in the public service spectrum in Nigeria.

“I’m not coming to close people’s businesses down, I’m going to encourage entrepreneurs to ensure efficiency and capacity development, a strategy for innovation in the work force,” he said.

The PDP candidate, who expressed confidence in winning the governorship election, assured the people of the state of a massive industrial revolution and utilisation of natural resources for seaports, adding that his government would provide a conducive atmosphere through a tax integration system to attract more investors in the state.

AMERICANS HEAD TO THE POLLS TODAY IN HISTORIC ELECTION lies, unending Twitter posts even at 3 in the morning, a fractured Republican Party, Russian hacks of the Democratic Party’s

emails, and a last-minute FBI intervention that may likely affect the outcome of the election.

Should former US Secretary of State, Mrs. Clinton, beat her rival in the election, she will make history as the first woman to lead the country.

But before she wins that accolade, the US

electorate would have to decide in a keen contest that has gone to the wire against Trump, who nobody gave a chance of even winning the ticket of the Republican Party.

Yesterday, both candidates fought late into the night as they barnstormed across battleground states on the final full day of campaigning.

As Election Day approached, each candidate has a path to victory. However, Continued on page 8

FOREIGN CAPITAL IMPORTATION REBOUNDS TO $1.82BN IN Q3 for the largest capital importation at $1.09

billion or 60.24 per cent of total investment.

The United States was second at $426.98 million, or 23.43 per cent of total capital importation while the Netherlands accounted for $94.44 million, or 5.18 per cent of the total value.

Altogether, the three countries accounted for almost nine-tenths of total capital imported into Nigeria, according to the statistical agency.

However, the NBS added that the quarterly increase in the value of capital importation came largely from debt financing.

Of the total quarterly increase, 85 per cent accounted for increases in portfolio investments in bonds and money market instruments, the latter of which comprised short-term funding securities including treasury bills and commercial bills from

the Central Bank of Nigeria (CBN).

Quarterly growth in Foreign Direct Investment (FDI) equity was also strong, although portfolio equity continued to decline. FDI investments have a longer-term interest, and are therefore less likely to reflect short-term challenges than portfolio equity, said the NBS. In Q3, portfolio investments accounted for the largest component of imported capital at $920.32 million, or 50.51 per cent of total capital imported.

Although portfolio equity declined by 28.12 per cent, relative to the previous quarter, this was outweighed by large increases in other types of portfolio investments.

Bonds increased from zero in Q2 to $369.00 million in Q3 while money market instruments increased by 509.03 per cent from $57.50 million to $350.20

OUR ERROR In our front page photograph in the November 7, 2016 edition of the newspaper, we inadvertently captioned the gentleman on the far right of the photograph as the Awujale of Ijebuland and the father of the bride. We were wrong. The gentleman on the far right was Founder of First City Monument Bnak, Otunba Subomi Balogun.

The error is most regretted.

- Editor

million over the same period.

“This is the first quarter since Q2 2007 in which equity was not the largest contributor to portfolio investment; at $201.12 million this type of portfolio investment remains considerably subdued relative to previous highs of $4,930.55 million in the first quarter of 2013, and $3,875.35 million in the second quarter of 2014,” the NBS stated.

Other investment, which was the second largest component, accounted for $561.61 million, or 30.80 per cent of capital importation.

“As in each quarter in the last year, no capital was imported in the form of currency or trade credits. In addition, other claims decreased further to $0.06 million, which represent only 0.01 per cent of other investment, and a decline of 99.98 per cent relative to the same quarter of the previous year.

“Therefore, this investment type is now dominated by loans, which increased by 7.86 per cent compared to the previous quarter to $561.10 million. Year-on-year this represents a decline of 19.43 per cent,” NBS added.

As usual, FDI accounted for the smallest share of imported capital at $340.64 million, or 18.69 per cent of the total.

According to the NBS, “This was the first quarter on record in which no capital was

imported in the form of FDI – other capital, even if in previous quarters the amount was not significant. As a consequence, only equity was recorded within the FDI component.”

The value of share capital imported in Q3 stood at $646.28 million, representing an increase of 85.72 per cent relative to the previous quarter but declined by 65.57 per cent on year-on-year and accounted for 63.47 per cent when compared with Q3 2015.

The banking sector regained its position as the sector to import the largest value of capital of $555.52 million, or 30.49 per cent of total capital imported in the quarter under review.

“In over half of the quarters since 2007, the banking sector has imported the most capital, but in the previous quarter of 2016 it accounted for only the fourth most.

“This changed in the current quarter following an increase of $447.42 million, which accounted for over half of the increase in total capital imported.

“Compared to the same quarter of 2015, the value also increased – in contrast with most sectors – by 127.45 per cent,” the NBS report said.

The telecommunications sector accounted for the second largest capital imported with $244.80 million or 13.34 per cent of

the share. This represented an increase of $126.09 million, or 106.21 per cent relative to the previous quarter but declined 33.75 per cent compared to the previous year.

The oil and gas sector accounted for $171.63 million of capital imported, though this represented a decrease by 14.4 per cent relative to the previous quarter.

Nevertheless, four sectors – marketing, hotels, tanning and weaving – failed to record any capital importation in the period under review.

“However, there were a further two sectors to record a value of less than $1 million, which were drilling and IT services.

Eight out of 20 sectors recorded a decline in the value of capital importation, the largest of which was in services, which recorded a decline of $83.20 million relative to the previous quarter, or 69.48 per cent,” the NBS stated.

On the UK’s financial commitment in the economy, the NBS noted: “As well as the existence of an historical relationship between the UK and Nigeria, London (the capital of the UK) is also a key financial centre, which could help to explain the high value of capital importation accounted for by the UK. “Since 2010, the UK has accounted for the highest value of capital importation in all but two quarters (both in the

second half of 2015).

“As in the case of the UK, the US retained its position as the second largest investor into Nigeria in most quarters since 2010. The country also has a large financial centre in New York, which may explain its importance as an investor.

“The US and the UK also share an official language with Nigeria which may facilitate investment.”

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% 9.9 8.2 4.8 4.7 4.7 % 5.5 4.8 4.7 4.6 4.5

TUESDAY NOVEMBER 8, 2016 T H I S D AY

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TUESDAY, november 8, 2016 • T H I S D AY

AMERICA DECIDES…

AMERICA DECIDES…

AMERICA DECIDES…

The State of Play

CNN has made four moves

in the map since its last update and all of them are in Donald Trump's direction. Ohio, Utah, and Maine's 2nd congressional district are all moving from the battleground/toss-up category to lean Republican.

And New Hampshire is moving from lean Democratic to a pure battleground/ toss-up state.

Clinton's electoral vote

total is at 268 when you add up all the states that are solidly or leaning in her direction and Donald Trump's is 204 when you combine all the states that are solidly or leaning in his direction.

That leaves six remaining battleground contests worth a total of 66 electoral votes in Arizona, Florida, Nevada, New Hampshire, North Carolina, and the second congressional district in and

around Omaha, Nebraska.

It's important to note what this map reflects and what it does not reflect: while Trump has made gains, Clinton remains in a much stronger electoral position than the GOP nominee. In the current snapshot, Clinton would only need to win one of the remaining toss-up states to secure the presidency. Trump needs to win all of them.

However, this current map

does represent an ever-soslightly less steep mountain for him to to climb to 270 electoral votes.

The changes to the map reflect current polling, reporting with the campaigns and affiliated groups tracking the state of play in each critical state, television advertising decisions made by the campaigns and outside groups, and the candidate/ surrogate travel schedules.

This is not a prediction of where the map will end up tomorrow night when the votes are counted, it is simply a snapshot heading into the homestretch.

Solid Republican:

The American electorate will decide today who will lead them in the next four years

• • • • • • • • • • • • • • • •

Alabama (9) Alaska (3) Arkansas (6) Idaho (4) Indiana (11) Kansas (6) Kentucky (8) Louisiana (8) Mississippi (6) Missouri (10) Montana (3) Nebraska (4) North Dakota (3) Oklahoma (7) South Carolina (9) South Dakota (3)

AMERICANS HEAD TO THE POLLS TODAY IN HISTORIC ELECTION according to CNN, Clinton was better positioned than Trump with a narrow lead in national polls and an advantage in many battleground states.

But her leads were far from dominant and a strong turnout for Trump today, or a poor response from sections of her own coalition could open the way for the billionaire real estate tycoon to become president.

“I am here to ask you to vote for yourself, vote for your family, vote for your futures,” Clinton said at her first event of the day in Pittsburgh. “Vote on the issues that matter to you because they are on the ballot — not just my name and my opponent's name.”

The latest CNN Poll of Polls gives Clinton a four-point lead over Trump, 46% to 42%. In most of the swing states that will decide, the race is tight. But if Clinton can cling on to most states that have voted Democratic in recent elections and add at most a couple of swing states, she will likely win the election.

But Democrats are worried about Trump’s strength in the Midwest — particularly in Michigan, which has not voted Republican since 1988. Trump has been making a strong push there amid narrowing polls.

Trump campaign manager Kellyanne Conway predicted yesterday that Trump will win Michigan, telling ABC’s “Good Morning America” that the campaign feels “really good” about the latest polling in upper Midwest states.

Clinton was in Michigan later yesterday.

Robby Mook, her campaign manager, said the late move is more a function of the calendar and the lack of early voting there than a sign of genuine anxiety.

“Our strategy these last few days is to focus on the states where voting overwhelmingly happens on Election Day,” Mook said on CNN's New Day. “Previously, as you’ve seen, we’ve been focused on states like Florida, Nevada, North Carolina, where the majority of

the voting happens early.”

He continued: “So, this is really a reflection of the voting calendar. Donald Trump has been kind of running to each and every state it seems. So they have their strategy. But we have ours.”

Trump has little margin for error. He will need to win Ohio, North Carolina and Florida, where he is locked in marginof-error races with Clinton, just to give him a chance to make the near perfect run through the remaining swing states that he needs to capture the presidency.

Democrats were particularly encouraged by indications of a surge of Hispanic voters in early voting in Florida and Nevada. But there were also warning signs for Clinton, with African-Americans not as large a proportion of the early voting electorate as they were for President Barack Obama in 2008 and 2012.

CNN’s most recent electoral map showed Clinton was projected to win 268 electoral votes from states that are solidly blue or leaning in her direction.

Trump had 204 votes from states that are solidly in his column or leaning that way.

A candidate needs 270 electoral votes to win the White House.

In the latest CNN Poll of Polls data in the swing states, Clinton led 45% to 43% in North Carolina, the rivals are tied at 45% in Florida, and Clinton led by five points in Pennsylvania, a state Trump hopes to turn red today.

In New Hampshire, where the race moved towards Trump in the last week, Clinton was still up 44% to 41%. New Hampshire only has four electoral votes, but Trump’s path to 270 is so difficult that votes from smaller states could still be crucial for him.

The latest opinion poll, on Fox News yesterday also gave Clinton a four-point lead, double that of Friday.

The candidates’ schedules yesterday told the tale of the last day before voting starts.

Clinton was in Pittsburgh, Pennsylvania, Grand Rapids, Michigan, Philadelphia,

Pennsylvania and Raleigh, North Carolina.

In Pennsylvania, Clinton appeared alongside her husband former President Bill Clinton and President Barack Obama and First Lady Michelle Obama, in a bid to ensure the heavy turnout among Philadelphia voters that could make it impossible for Trump to make up the deficit elsewhere in the state.

The event underlined the remarkable role the Obamas have played during the campaign in support of the current president’s former political rival — one that is unprecedented at least since Ronald Reagan campaigned for his chosen successor, George H.W. Bush, in 1988.

Earlier in the day, Obama was in Ann Arbor, Michigan — another sign of how seriously the Democrats are taking the state.

“The choice that you make when you step into the voting booth, it really could not be clearer,” Obama said. “Donald Trump is temperamentally unfit to be commander in chief.”

A race that has been full of surprises took another lurch Sunday, when FBI Director James Comey said newly discovered emails being reviewed by the bureau had not changed his conclusion that the former secretary of state should not be charged over her use of private email server.

Comey’s last minute move was a boost for Clinton, but may have come too late to repair the damage to her campaign wrought by a week of controversy and speculation about the email probe.

After Clinton’s latest reprieve from Comey, she adopted a more optimistic message Sunday than she had previously employed in the final week of the campaign, when she was under withering attack over the email saga.

After she was introduced to a crowd in Cleveland by NBA star, Lebron James, she told the crowd that she would always be there for Americans.

“I don't know your dreams, I don't know your struggles, but I want so much to convey to you I will be on your side,”

Clinton said. “I will fight for you, fight for your family. I want us to do all we can to help you get ahead and stay ahead and my vision is very different from my opponents.”

Trump has adopted a scattershot strategy in the final days, travelling between swing states he needs to win, like Florida, and turf that had been considered solidly Democratic, like Pennsylvania, Michigan and Minnesota.

He was in Sarasota, Florida, Raleigh, North Carolina, Scranton, Pennsylvania, Manchester, New Hampshire yesterday and ended his day with a rally in Grand Rapids, Michigan.

Trump shrugged off Comey’s move on Sunday, vowing that the American people would “deliver justice at the ballot box”.

“Hillary Clinton is guilty. She knows it, the FBI knows it, the people know it,” he said at a huge rally at Sterling Heights, Michigan.

If Trump could somehow peel away Michigan or Pennsylvania from Clinton’s column, he could hedge against a possible loss to Clinton from among the trio of Florida, North Carolina and Ohio. If he wins those three states and a big blue state, he could be on the way to the presidency.

Meanwhile, his campaign team yesterday sought to allay negative views expressed overseas towards their candidate.

Trump’s campaign manager told the BBC such antipathy “doesn’t reflect why Donald Trump is running and who he would be on the global stage”.

She also attacked Clinton's “unremarkable to chequered” record as secretary of state.

Ms. Conway said negative attitudes overseas “does bother me” but defended Trump's “America First” stance.

Trump “does say America First and he means it”, she said, spelling out the reasons - stopping the loss of American jobs overseas, making sure all partners, including NATO, pay their fair share and renegotiating trade deals that are bad for the US.

• • • •

Tennessee (11) Texas (38) West Virginia (5) Wyoming (3) 157 total

Leaning Republican:

Leaning Democratic: • • • • •

Colorado (9) Michigan (16) Pennsylvania (20) Virginia (13) Wisconsin (10) 68 total

Solid Democratic:

• Georgia (16) • Iowa (6) • Maine 2nd Congressional District (1) • Ohio (18) • Utah (6) 47 total

• • • • • • • Battleground States: • • • Arizona (11) • • Florida (29) • • Nevada (6) • • Nebraska 2nd • C o n g r e s s i o n a l • District (1) • • New Hampshire (4) • • North Carolina (15) • 66 total

California (55) Connecticut (7) Delaware (3) Washington DC (3) Hawaii (4) Illinois (20) Maine (3) Maryland (10) Massachusetts (11) New Jersey (14) New York (29) Oregon (7) Rhode Island (4) Vermont (3) Washington (12) Minnesota (10) New Mexico (5) 200 total

WHO’S WINNING CLINTON

TRUMP

CNN/ORC Poll

49%

45%

CNN Poll of Polls

46%

42%

Favourability Rating

46%

41%

Unfavourability Rating 52% 57% The Money Race - Total $502,617,172.73 $200,439,720.49 Raised Year to Date Total Spent $450,563,244.01 $238,951,814.21 SOURCE: CNN

Understanding the US Electoral College The United States presidential election, a candidate must secure 270 Electoral College votes to emerge president-elect after the election. The election is not determined by the popular vote.

The Electoral College is the body that elects the President and Vice President of the United States every four years. Citizens of the United States do not directly elect the president or the vice president; instead they choose "electors", who usually pledge to vote for particular candidates.

The number of electors in each state is equal to the number of members of Congress to which the state is entitled,[4] while the Twenty-third Amendment grants the District of Columbia the same number of electors as the least populous state, currently three.

Therefore, there are currently 538 electors, corresponding to the 435 Representatives and 100 Senators, plus the three additional electors from the District of Columbia. The Constitution bars any federal official, elected or appointed, from being an elector.

All states, except for Maine and Nebraska, have chosen electors on a "winner-take-all" basis since the 1880s.[5] Under winner-take-all, a state has all of its electors pledged to the presidential candidate who wins the most votes in that state.

Maine and Nebraska use the "congressional district method",

selecting one elector within each congressional district by popular vote and selecting the remaining two electors by a statewide popular vote.[6] Although no elector is required by federal law to honor a pledge, there have been very few occasions when an elector voted contrary to a pledge.[7] [8] The Twelfth Amendment, in specifying how a president and vice president are elected, requires each elector to cast one vote for president and another vote for vice president.[9][10] The candidate who receives an absolute majority of electoral votes (currently 270) for the office of president or of vice president is elected to that office. The Twelfth Amendment provides for what happens if the Electoral College fails to elect a president or vice president. If no candidate receives a majority for president then the House of Representatives will select the president, with each state delegation (instead of each representative) having only one vote. If no candidate receives a majority for vice president, then the Senate will select the vice president, with each senator having one vote.

On four occasions, most recently in the 2000 presidential election, the Electoral College system has resulted in the election of a candidate who did not receive the most popular votes in the election.

• Culled from Wikipedia

TUESDAY, NOVEMBER 8, 2016 • T H I S D AY

9

NEWS

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

Fresh N’ Assembly Reform Stipulates Conclusion of Budget Process Every December Omololu Ogunmade in Abuja

The National Assembly has proposed a budget calendar that will ensure that every budget process begins in July and end in December every year ahead of the commencement of the next fiscal year.

This proposal, which is one of the 15 key reform strategies being proposed by the federal legislature, is designed to commence with the submission of the Medium Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP) by the executive in the second week of July every year while the president is expected to sign the Appropriation Bill into law by third week of December every year.

The reform agenda contained in a report submitted to the Senate President, Dr. Bukola Saraki, by the Chairman of Technical Committee on the Reform of Budget Process in Nigeria, Senator Ali Ndume, yesterday, will lead to enactment of laws that provide for development plans by the

federal government. Such laws are also proposed to enhance both the presentation and effective implementation of the annual budget.

The report which will soon be subjected to debate on the floor of the Senate, also recommended amendments to some sections of the 1999 Constitution (as amended) and extant laws to provide effective legal framework for the takeoff of the new budget process including development plans in accordance with international best practices.

The report said the proposed budget process would “revolve around reforming laws and frameworks for budget formulation, enactment and implementation, aligning the budget process to international best practices, strengthening capacities, and institutions for budget formulation and implementation, and strengthening the revenue base for budget implementation.”

The reform proposals as contained in the report will: * Alter Section 81(1) of the 1999 Constitution and amend Sections 11 and 14 of the Fiscal

Responsibility Act (FRA) to provide for a fixed and realistic budget calendar by which the President will present the budget to the National Assembly by the first week of September, considered and passed by November 30 and assented to by the president by the second week of December. * Provide legal backing for development plans to serve as basis for the annual budget and ensure continuity of development plans. In this regard, complete the legislative actions initiated for the enactment of laws: “Development Planning Act” and “Project Implementation and Continuity Act”, pending in NASS. * Amend Sections 13-18 of the Fiscal Responsibility Act to link MTEF with a development plan. Then: have a long term (10-15 years) development plan to be implemented with three

year MTEF and Medium-term Sector Strategy (MTSS).

National Assembly to support the development plan with a resolution and ensure that the annual budget is linked to it. * Amend the FRA to enlarge the list of stakeholders to be consulted during the budget preparation process. Then, there should be pre-budget consultation between the legislature and the executive as well as between the executive and the public. And during the budget defence by the MDAs before the committees, relevant stakeholders should be invited. * Enact an organic budget law that puts together all laws relating to the budget, including a fixed and realistic budget calendar and a prebudget statement. * Alter Section 162 of the Constitution recognise saving by the three tiers of government through the Federation Account

and provide legal backing for excess revenue savings to enable he country save revenue windfalls and stabilise government expenditure during fiscal crisis. * Develop a budget manual.

The budget manual should include the procedure for public participation in the budget process and public access to budget information during the budget preparation process. * Amend Section 19 of FRA to include project documents in the list of budget documentation; amend Part III of the FRA to provide for reporting standards and information sharing arrangements. * Provide effective timelines for monthly and quarterly financial and non-financial reports. Enact a law to compel all MDAs to upload their budget-related information

on a dedicated website. * Develop and publish criteria or methodology for determining the aggregate expenditure estimate and its allocation to sectors and line items. Expand the information content of the Budget Call Circular to include the modalities for public participation in the budget preparation process. * Develop the capacity of MDAs and other relevant stakeholders to effectively apply the zero-based budgeting technique or any other performance-based technique that may be adopted.

The committee also urged the National Assembly to strengthen the capacity of its committees in the area of budget scrutiny and appraisal by helping members and the staff to undergo training programme on the economy and budget appraisal.

CJN: Judiciary will Continue to Defend Its Independence

Stand firm against tyranny, PDP charges Supreme Court

Tobi Soniyi and Onyebuchi Ezigbo in Abuja The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, has said the judiciary remains resolute and committed to upholding its independence.

Speaking at the swearingin of two new justices of the Supreme Court: Amina Augie and Ejembi Eko, in Abuja yesterday, the CJN said all courts in the country are empowered to adjudicate with utmost fairness and justice as prescribed in the constitution and the law.

Mohammed said: “We must not forget that we operate a constitutional democracy, which clearly prescribes the powers accorded to each organ of the state.

“I therefore wish to state without fear of contradiction that the third arm of government will remain resolute in its commitment and resolve to uphold its independence.”

He said the decision of the National Judicial Council (NJC) last week to suspend seven judges accused of corruption, showed the desire of the judiciary to preserve its independence.

The NJC made a u-turn last week and took a decision to ask judges being investigated to recuse themselves from official duties after initially declining to do so, arguing that there were no evidence of wrongdoing against the judges.

The judges had earlier been arrested by the Department State Services (DSS) for alleged corrupt acts.

“Certainly, the decision of the NJC at its last meeting reflects our desire to preserve this independence.

“Hence, we proclaimed to the world that any judicial officer standing trial will cease to perform judicial functions.

“The council took this stand following communications it received from the Attorney General of the Federation (AGF) that he was embarking on the prosecution of the affected judicial officers for the offences disclosed against them,” he said.

The CJN urged the new justices to continue to be diligent in the discharge of their duties.

“You must remain blind to personality and status, and remain the hope of all men, whether common or uncommon.

“Hence, the integrity and impartiality of our courts must not be in question or compromised.

“I am confident that with the institutions and initiatives that we have put in place, the Nigerian judiciary will evolve to meet the high standards demanded by our citizens,” the CJN said.

Eko was a Justice of the Court of Appeal, before his elevation to the Supreme Court.

Meanwhile, the Peoples Democratic Party (PDP)

Cont’d on Pg 42

CONGRATULATIONS ON YOUR CORONATION

L-R: Oba of Benin, Oba Ewuare II; President Muhammadu Buhari; and Edo State Governor, Adams Oshiomhole, during the president’s visit to the Oba in his palace in Benin-City...yesterday

Buhari to Fallen Soldiers: Your Gallantry Contributed to Restoration of Peace in North-east Buratai weeps as soldiers are laid to rest

Adedayo Akinwale in Abuja

President Muhammadu Buhari yesterday said the gallantry and high sense of professionalism displayed by the fallen soldiers contributed to the restoration of peace in the North-eastern part of the country.

The president, who was represented by his Chief of Staff, Mr. Abba Kiyari, made this known in Abuja at the burial ceremony of Lt. Col. Abu Ali and six other soldiers killed on November 4, 2016, in the on-going fight against Boko Haram insurgents.

The president however said the sacrifice of the soldiers would spurred the military to clear out the remnants of Boko Haram insurgents.

According to him, “Nigerians will continue to remember your outstanding efforts as securing the territorial integrity of the country. Undeniably, the gallantry and high sense

of professionalism displayed by these gentlemen have contributed to the restoration of peace in the North-east.”

He added: “It is therefore our resolved that the labour of these fallen heroes shall never be in vain. We will remain spurred, the zeal and gallant effort to ensure that terrorism and insurgency is defeated so that our country can enjoy the much desired peace.

“The efforts of the leadership of our armed forces, as well as our securitt agencies and the support of all Nigerians towards the successful end of insurgency and other security threats in the country is commendable.”

In his remarks, the Chief of Army Staff (COAS), Lt.Gen. Yusuf Buratai, said the gallant soldiers were inducted into operation Lafiya Dole in 2014 to form the pivot of the counter insurgency efforts of the armed forces of Nigeria in the North -east.

The army chief who wept uncontrollably, said through fearless and dogged determination of the fallen soldiers to defend the territorial integrity of the country turned the tide of battle to liberate Nigeria from the scourge of terrorism.

He noted that the soldiers who were members of 119 task force battalion and the armed forces special forces went after their adversaries to smoke the terrorists out of their enclaves, burn their factories and staging areas, adding that “they were brave, concise, professional and inspiring.”

Buratai stated: “They led the battle to the capture of the following towns and villages, Monguno, Baga, Bama, Gwoza, Banki junction, Gamboru-Ngala, Kangaruwa, Abadam, Mallam Fatori, among others.

“In these battles, they rescued women and children, fathers and mothers, the young and

the old, and restore peace and hope to Nigeria citizens. At last, on November 4, 2016, they paid the supreme price in the battle of Mallam Fatori “These men epitomised the very best of our militar; they exemplified the value of our nation and our military with loyalty, courage, selfless service, respect, honour and discipline.

“They left behind wives, parents, children and other dependants and they fought for the unity of our nation. Their families and comrades will miss you, the entire nation will miss you, but be rest assured that your labour will never be in vain. Sarkin Yakin the front line general, you and your men have fought a good fight.

The fallen soldiers who were laid to rest were: Col. Ali who led the war for the capture of Baga: Cpl. Chukwu Simon, Sgt. Bassey Okon, Sgt. Muazu Ibrahim, Sgt. Hussain Jafaru, Pte Saliu Lawal, and SM. Patrick Paul.

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NEWS

Banire Offers to Step down as APC Legal Adviser over EFCC Investigation Writes Odigie-Oyegun, APC national chair

Olawale Olaleye

In a move unprecedented in the nation’s political history, the National Legal Adviser of the All Progressives Congress (APC), Dr. Muiz Adeyemi Banire, has offered to step aside from his office pending the conclusion of the investigation into the allegation of his involvement in a bribery scandal of some judges.

This decision was contained in a letter to the National Chairman of the APC, Chief John OdigieOyegun, personally signed

by Banire and dated today, Tuesday, November 8, a copy of which was obtained

by THISDAY. Consequently, Banire has further communicated this development to the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), offering to also step aside as a member, Electoral Reform Committee of the government. This, he said, was in the same spirit of the moral ground that justifies his stepping aside as APC national legal adviser.

Titled: ‘Offer to Step Aside as National Legal Adviser Pending Conclusion of

Investigation of My Person by the EFCC,’ copies of the five-page letter was also sent to the President, Muhammadu Buhari and his deputy, Professor Yemi Osinbajo.

Explaining why he chose to toe this moral high ground, Banire said: “On Saturday, October 29, 2016, I read online, a publication titled ‘APC National Legal Adviser, Muiz Banire, Allegedly paid Federal Judge N500,000.’ I was not only shocked by the purport of the publication against my person, but extremely disturbed by its negative propagandist effect on our party, the government it leads at the federal level, and, above all, our signature programme of anti-corruption in public life.

“I, therefore, immediately on the same day, wrote a letter which was delivered to, and acknowledged by the EFCC on October 31, 2016, submitting myself to investigation on the allegation, and offering to visit the EFCC offices in Lagos on November 1, 2016 to be interrogated as part of that investigation.

A copy of the said letter

of request is enclosed herewith. Ostensibly, due to the constraints of its heavy work schedule, my request to attend the EFCC to be interrogated on the allegation did not receive attention until November 3, 2016.

“The allegation, as I have come to understand it, is that a statement of account of one judge of the National Industrial Court, the Justice J. T. Agbadu-Fishim, who is the subject of an ongoing EFCC’s investigation, contained a June 2013 entry of a ‘N500,000’ payment ascribed as being from one ‘Dr. Muiz B.’ “I did not hesitate in confirming that this probably referred to me because I remember that about three years ago, I

received a text message from someone I recollected at the time to be an old colleague in my days as a lecturer at the University of Lagos, an ‘Agbadu-Fishim’ who was then a Research Fellow at the Nigerian Institute of Advanced Legal Studies, informing me of the death and funeral programme of his mother.

“The last contact (of any sort) I had with this person before that text would have been about 14 years earlier, that is, before I was appointed Special Adviser to the Governor of Lagos State at the inception of civil rule in 1999 (now 17 years ago).

“As far as assumption goes, he was to me, at the time of his contact, still employed by the Nigerian

Institute of Advanced Legal Studies; he never informed me that he had moved on to become a Judge of any court in Nigeria, and I had never throughout my own career as a legal practitioner or public functionary ever appeared in any case before any judge whatsoever at the National Industrial Court, or attended any function of the National Industrial Court, that would have put me on notice that the Agbadu-Fishim I used to know had become a judge of the National Industrial Court.

“Indeed, it was with considerable difficulty that I was able to eventually recognise his face when I eventually saw him again (after 17 years of my leaving the University of Lagos) on

my attendance at the EFCC on November 3, 2016.”

Continuing, Banire said: “When I received the said message and his information to me of the death and funeral programme of his mother in which he solicited for financial assistance in a tone suggesting great distress, I considered it necessary to assist an old friend in dire need. Without any further prompting, he sent his account details to me and I made a cash gift of N500,000 to him.

“As I have now come to realise after my interactions with the EFCC, that payment is being investigated from the angle of whether or not it was to influence the receiver

Cont’d on Pg 43

Dangote, Osundare, Others Bag UI Doctoral Degrees Ademola Babalola in Ibadan Three distinguished Nigerians comprising Africa’s richest entrepreneur, Alhaji Aliko Dangote, as well as the world-renowned literary giant, Professor Niyi Osundare and the Asiwaju of Ibadanland, Chief Bode Amao, are to be awarded the honorary Doctorate of the University of Ibadan on the occasion of the institution’s Founder’s Day anniversary on November 17, 2016, the Vice-Chancellor, Professor Abel Idowu Olayinka, has announced.

Addressing journalists as part of the activities heralding the University of Ibadan’s maiden Research and Development Fair code-named UI-Town Connect, 2016, as a prelude to the convocation ceremony, the vice-chancellor disclosed that a total of 5,598 undergraduates, 265 diplomas, 3,579 masters and 442 PhD and one Doctor of Medicine certificates would be rolled out at the event, in which UI is producing the highest number of PhD in a single year.

Commenting on the honorary doctorate awardees, the vicechancellor told journalists that UI is showcasing Alhaji Aliko Dangote “not just because he is rich, but because of his entrepreneurial spirit.

“He is building the biggest refinery in the world in Lagos State which is going to employ thousands and thousands of our country men and women. So,

we are going to showcase him as a very successful entrepreneur,” the VC noted with delight.

In the same vein, the vicechancellor acknowledged the remarkable contributions of the two other awardees, Professor Niyi Osundare and 84-yearold entrepreneur, Chief Bode Amao, to humanity, submitting that they have individually distinguished themselves as good role models.

Flanked by the Chairperson of the Research and Development Fair, Professor Olanike Adeyemo, the vice-chancellor remarked that the two-day fair to be presided over by Mr. Paul Miyonmide Gbededo, the Group Managing Director of Nigeria Four Mills, is aimed at showcasing the high-quality research breakthroughs from the University of Ibadan, as a world-class institution of learning, with a view to enabling industrialists to see the potential of the university, as well as influencing and impacting positively on the nation.

In her contribution, Professor Adeyemo hinted that the Research and Development Fair, which is an idea to bring the town and the gown together, would henceforth be an annual pre-convocation event in the university just as she remarked that the institution is looking forward for Public Private Partnership (PPP) collaboration to move the research innovations forward.

PROMOTING CULTURE L-R: Lagos State Deputy Governor, Mrs. Oluranti Adebule; Mr. Sunday Adeniyi Adegeye (aka King Sunny Ade); Governor

Akinwunmi Ambode; his wife, Bolanle; Minister for Information and Culture, Alhaji Lai Mohammed; Comedian, Atunyota Akporobome (akaAli Baba); and President/Executive Producer, AFRIMA, Mr. Mike Dada. during the All African Music Awards (AFRIMA) 3.0 in Lagos....Sunday

Six in Critical Condition as Herdsmen Attack Abia Community Emmanuel Ugwu in Umuahia

Efforts so far made by the Abia State Government and the state police command to rein the murderous activities of herdsmen in the state appear to be futile as the marauders have struck again leaving scores of people wounded with six people battling for their lives in hospital.

It emerged that the dreaded Fulani herdsmen attacked Ndi Okereke Abam in Ovukwu autonomous community, Arochukwu Local Government Area of the state, using guns, daggers and other dangerous weapons.

President General of the town union, Chief Chukwuma Egbuta Okubi, made this known while narrating the incident to journalists yesterday, saying that the six people critically

wounded were presently hovering between life and death at the hospital where they were rushed for medical care.

The state Police Public Relations Officer (PPRO), Nta Ogbonnaya Nta, confirmed the incident but was not forthcoming on the casualty figures, saying that the state police commissioner was already handling the situation.

However, the town union president explained that the attack occurred at the weekend when the farmers complained that the herdsmen had turned their farms into grazing fields destroying crops led their cattle into the farms destroying crops, including already harvested rice heaped on the farms.

Okubi noted that the most annoying aspect of the callousness of the herdsmen was that “they (herdsmen) abandoned the grass they

usually grazed their cattle and “decided to feed their animals with our farm produce, the only source of our livelihood.”

He said the herdsmen had previously fallen out with the host community over destruction of crops but following a peace accord the quit notice issued to them was rescinded with the herdsmen promising to avoid grazing on farms and destroying crops.

The town union leader said that the peace accord was working and the herdsmen were staying peacefully with their hosts until last Friday when they went into a rice farm to graze their cattle.

He said: “On Friday afternoon when one of our men went to his rice farm with his family members to carry home harvested rice, he saw that the herdsmen had led their cattle to the heap

of harvested rice and fed on it.

The plea of the farmer to the herdsmen to take the herd of cattle away from the rice fell on deaf ears as they rather drew their machete and gave several cuts on the man.”

Okubi said the members of the family of the attacked farmer had escaped and narrated the incident to the community but the youths that organised to go and force out the herdsmen and their cattle from the invaded rice farm were surprised as the herdsmen attacked them with guns and machetes.

Okubi said the situation could have deteriorated but for the timely intervention of the state chairman of the farmers/ herdsmen committee and the state Commissioner of Police, Mr. Leye Oyebade and a team of policemen from Arochukwu led by the Divisional Police Officer.

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NEWS

FG Warns IOCs Not to Treat Nigeria Like ‘Trading Colony’ Kachikwu asks companies to invest if they want access to resources NNPC denies lobbying Buhari to increase petrol price

Chineme Okafor with agency report The federal government has warned international oil companies they must stop treating the country like a “trading colony” and demanded they invest in its energy sector if they want to retain access to its resources.

According to the Londonbased Financial Times, the Minister of State for Petroleum, Dr. Emmanuel Ibe Kachikwu, made the remark, adding that some of the world’s biggest independent oil traders had benefited for years from exporting Nigeria’s crude and selling the country back refined petroleum products, without putting money into developing the sector.

“We have to get selfish on this,” he told the Financial Times in an interview. “If you have been selling me (refined) products for six years and you can’t put a foothold in the country, then I shouldn’t be buying products from you.”

Kachikwu’s comments came as Nigeria faces an economic crisis, with the halving in oil prices since 2014 and renewed militancy in the Niger Delta pushing the country into its first recession in more than 20 years.

Until recently, the OPEC member was Africa’s largest crude producer. But dysfunctional refineries have left its 180m population reliant on trading houses such as Vitol, Trafigura and Mercuria for refined fuel imports.

“Nigeria cannot become a

trading colony,” Kachikwu, who led the state oil company for 11 months before being removed in July. “I’m saying to them, ‘If you want to trade put your base here, do the refining here’.”

The country’s status as Africa’s largest economy is under threat Some trading houses have already invested in infrastructure in Nigeria, while others have complained about the difficulty of doing business in the country.

Vitol has built an import terminal for liquefied petroleum gas and invested in Oando, the country’s largest independent oil conglomerate.

Industry sources said a refinery tender this year for rehabilitating the country’s processing plants, which had interest from foreign companies, was suspended because of the political sensitivity around the prospect of even a partprivatisation of state-owned assets.

Separately, some of the biggest energy producers operating in Nigeria are owed billions of dollars in arrears for joint ventures with the government.

Many are shifting their focus offshore, as security concerns and payment issues mount.

“You cannot coerce a company to invest … There needs to be a well thought out policy in place to attract such investment,” said one Nigerian oil industry veteran.

Last month, ExxonMobil agreed to sell its majority stake in its Nigerian marketing and retail arm to a local company.

But Kachikwu said he wants companies to invest in more

infrastructure such as refineries and pipelines, while the country is also seeking crude-for-loans deals to monetise its untapped oil resources.

“The petroleum industry got us here. It has got to get us out of here too,” he said. “It (high oil prices) spoilt everybody and we messed it all up.”

The former ExxonMobil executive said Nigeria was also in talks with the Indian government and could sign a preliminary $15 billion five-year forward sales agreement with the Asian country by the end of the year.

“You have to be careful as to how many (forward sales deals) you take,” Kachikwu said. “You have to tie that to your capability to produce and your ability to grow production.”

Drawing in foreign investors

is particularly critical as the government struggles to borrow from international sources of funding. Investors and lenders including the World Bank have raised concerns about the government’s management of the economic crisis, and plans for a Eurobond and foreign borrowing have so far not come through.

In the latest blow this week, the Senate rejected President Muhammadu Buhari’s plan to borrow $30bn from abroad for infrastructure projects and budget support.

Foreign and domestic industry executives are also less sanguine. They say the investment climate under the Buhari administration has so far been characterised by policy uncertainties and a sense of hostility towards the private sector.

The prospect of even partial privatisation of state assets such as refineries is politically sensitive.

Meanwhile, the Nigerian National Petroleum Corporation (NNPC) has defended the recent adjustment of the pump price of petrol at its retail outlets. The corporation has also denied ever meeting with Buhari to lobby for a price hike of petrol.

According to a statement from the corporation’s Group General Manager Public Affairs, Mallam Garuba Deen Muhammad yesterday in Abuja, NNPC said there was no time its management met with Buhari to push for a hike in the price of petrol from its current N145 to N150 per litre.

It said it was not statutorily empowered to make any adjustment in the pricing template of petroleum products

approved by the Petroleum Products Pricing Regulatory Agency (PPPRA), adding that the media reports in this regard were not true.

The corporation stated that the price adjustment at its petrol stations from N141 to N145 per litre was still within the price band of N135 and N145 per litre approved on May 11, 2016 by the PPPRA, which is the statutory body in charge of petroleum products pricing in Nigeria.

It assured marketers and motorists of its readiness to continue to play its statutory role of being the supplier of last resort and ensuring energy security for the country.

NNPC also stated that it has over 1.6 billion litres of petrol in-country that would take the country up to 45 days to run out.

Barkindo: OPEC Committed VISIT to Algiers’ Output Agreement FAREWELL R-L: Executive Director, Asset Management Corporation of Nigeria (AMCON), Dr. Eberechukwu Uneze; Managing Ejiofor Alike with agency report The Secretary General of the Organisation of Petroleum Exporting Countries (OPEC), Mr. Mohammed Barkindo, yesterday said the group was committed to a deal made in Algiers in September to cut crude oil output.

Speaking with journalists at the Abu Dhabi International Petroleum Exhibition and Conference (ADIPEC) 2016 in Abu Dhabi, Barkindo said with the cooperation of OPEC and non-OPEC, the oil market would rebalance in 2017.

“We as OPEC we remain committed to the Algiers accord that we... put together. All OPEC 14 we remain committed to the implementation,” Barkindo.

“We have no price objectives... inshallah (God willing) with the implementation of the Algiers accord and cooperation of the non-OPEC member countries, the rebalancing process will be brought forward in 2017,” Barkindo added.

OPEC officials met in Vienna last month to work out the details of the Algiers plan to

reduce oil production, but failed to reach agreement.

The high level committee of experts will meet again in Vienna on November 25 and then meet at expert level with non-OPEC countries on November 28, Barkindo said.

OPEC ministers will meet on November 30.

“Russia is on board. I will not disclose details,” Barkindo added, when asked whether he expected the non-member country to take part in a cut or a freeze of production.

OPEC last month agreed to cut its oil output for the first time since 2008, with Saudi Arabia softening its stance on arch-rival Iran amid mounting pressure from low oil prices.

How much each country will produce is to be decided at the next formal meeting of OPEC this month, when an invitation to join cuts could also be extended to non-OPEC countries such as Russia.

However, Iran, Nigeria and Libya would be exempted from the output cut and allowed to produce “at maximum levels that make sense.”.”

Director/Chief Executive Officer, AMCON, Mr. Ahmed Kuru; Chief Justice of Nigeria, Justice Mahmud Mohammed; and other Executive Directors of AMCON, Mr. Aminu Ismail; and Mr. Kola Ayeye, at the Supreme Court in Abuja...weekend

Buhari Promises Oshiomhole a New National Assignment Tobi Soniyi in Abuja President Muhammadu Buhari yesterday in Benin City, commended outgoing Governor Adams Oshiomhole of Edo State for a job-well done, assuring him that the rule All Progressives Congress (APC) would find an important national assignment for him when he leaves office.

A statement issued by the Senior Special Assistant to the President on Media and Publicity, Mr. Garba Shehu, said Buhari spoke at the Palace of the new Oba of Benin, Oba Ewuare II, shortly before he embarked on the commissioning of several projects in the state.

The statement quoted the president as saying that the country would be the loser if the APC failed to utilise the people’s governor’s wisdom, skill and energy.

“It will be a pity to waste his energy by him retiring. I hope there will be a higher assignment for him to do more for the nation. ‘‘I congratulate the governor for his hard work; Oshiomhole is a hard working governor. We will need his services in Abuja. ‘‘Thank you for inviting me, most especially during this time in the country. ‘‘You have served two terms and you are about to leave.

You deserve a place in history.

I hope the APC will look for a place for you because your service for the country is far from over,’’ the president said.

Buhari also congratulated the Oba for successfully ascending the throne of his ancestors and extended the support of the Federal government to his Royal highness in his bid to improve the lives of Edo people.

The Oba in his speech, expressed delight on the president’s visit, noting that it was the first since his recent coronation. ‘‘We believe this is a sign of better things to come. I appreciate your contribution to my coronation,’’ Oba Ewuare II said.

The royal father who commended the president for appointing Edo indigenes into positions in government appealed for the establishment of an export and import processing zone for agro-allied industries in the state.

He said the venture would stimulate the nation’s economy and create jobs.

After paying homage to the Oba, Buhari who is on two-day working visit to the state, inaugurated the renovated Central Hospital in Benin.

The medical facility which

was established in 1902, was rebuilt by the state government under Oshiomhole.

At the event, Buhari praised the state-of-the art facility rebuilt by the Governor, noting that he had the choice of using the available money for his comfort by building a new government house but he opted for a hospital to help the people.

President Buhari also inaugurated the Upper Siluko Road in Benin City, which he described as “no ordinary type of road.’’

The president inspected the Queen Ede Gulley erosion site and inaugurated the Samuel Ogbemedia College rebuilt to ‘world class standard.’

Buhari commended the quality of infrastructure built by the outgoing Governor, noting that the history of Edomaruse state will not be complete without his name.

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TUESDAY NOVEMBER 8, 2016 T H I S D AY

TUESDAY NOVEMBER 8, 2016 T H I S D AY

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

COMMENT

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

WHITHER NIGERIA’S INFRASTRUCTURAL DEVELOPMENT?

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Oseloka H. Obaze argues Nigeria has experienced arrested development due to infrastructural deficits

y evaluation of infrastructural development in Nigeria as a social scientist inevitably is from a philosophical perspective, using John Locke’s Second Treatise of Government, wherein he defined political power. Variables or parameters from that definition include four key phrases namely, right of making laws; regulating and preserving of property; employing the force of the community; and public good. To these, one may add two other variables critical to good governance; vision and commitment.

As experts tell us, “Infrastructure is basic essential services that should be put in place to enable development to occur”; and “Economic development of Nigeria can be facilitated and accelerated by the presence of infrastructure.” As experts also contend, “Infrastructure contributes to raising the quality of life by creating amenities, providing consumption goods (transport, energy and communication services and contributing to macroeconomic stability.” Apropos Nigeria, we are informed that “under investment in infrastructural development could be a bane to her vision of becoming a top 20 economy by the year 2020.” The reality is that infrastructure or lack thereof, will continue to impact on Nigeria economically and socially. For now, remain aware that Nigeria has experienced arrested development due to infrastructural deficits.

Aside from Nigeria’s poor maintenance culture, the challenge confronting our infrastructure is threefold: open sewers, a stinking environment resulting from open defecation due to a dearth of public conveniences and negligence of the rights of the handicapped. Nigeria stinks, even as we are informed that “eliminating open defecation is the main aim of improving access to sanitation worldwide and is a proposed indicator for sustainable development goals. Presently, with 39 million, Nigeria ranks fourth behind India (190 million); Indonesia (54 million), and Pakistan (41 million) in the highest number of people defecating in the open. It’s hardly incidental that our sewer system today serves primarily as waste disposal receptacles. We build gutters to nowhere, thus allowing the existence of drainage causeways that pose danger to human security.

Whereas expert opinion informs that “public buildings should be accessible and barrier free to able and disabled people, as a nation we rank very low in providing access to public and private buildings, despite handicapped persons comprising 18% of our national population.

Studies conducted over the past decade, confirm that out of 164 public building only 40 had access ramps, and at the entrances, “only 45 buildings (18%) had ramps and steps for access to able and disabled people.

The remaining 82% are with only steps to cater for able and disabled people.” The contention is that severe “challenges include the horrors of architectural buildings, which have discouraged many challenged persons from having education.”

The flood of 2012 wreaked havoc on businesses in the Onitsha Industrial Layout. Anambra State incurred damage estimated at N26 billion, “with the industrialists being the worst hit.” Anambra State Government under Gov. Peter Obi supported the industrialists with remedial embankment and clean-up costs of N100 million. Since then, no discernible flood embankment infrastructure has been installed to stop a reoccurrence of flooding damage. Remarkably, flood embankment at the Onitsha main market built by the colonial masters in the 1950s, sufficiently prevented the 2012 rising flood from surging into the market.

Regardless of what we do as a nation; or coveting the inspiration and visions that transformed Singapore and Dubai, if we lack leaders with vision and commitment, we remain at risk of underperforming and underdevelopment. Thus, we can’t speak of infrastructural development without grasping the sectoral priorities and niches, affordability and areas

WE CANNOT ADVANCE OUR NATIONAL INFRASTRUCTURE IF THE MOTIVE BEHIND THE PRIVATISATION IS TO ENRICH INDIVIDUALS, WHO MASQUERADE AS INVESTORS, BUT LACK THE CAPACITY AND WILL TO GROW AND SUSTAIN THE INFRASTRUCTURE

of comparative advantage. We must define our focus sectors, where we can exact “high impact value”. We must seek requisite synergy and complementarity between the government and the organised private sector, and indeed, with private entrepreneurs aimed at collaborating purposefully, while sharing the responsibility for building our national infrastructure. It is a fallacy to expect government alone to build the national infrastructure. Government’s role remains that of regulator and partner in operating the Nigerian economy, and creating the enabling environment. But consortiums and private investors also do have a vital role to play; which is to say that there exist crosscutting niche sectors where government, consortiums and individuals can collaborate in Public-Private Partnership.

Of about 15 core infrastructural areas, only one - the creating of free trade zones and industrial parks - could be said to be the exclusive preserve of government, since it entails legislation. The outer core infrastructure sectors - communication, rail, gas pipelines, sewage and waste management, gas storage and processing, mining and basic material, ports, waters resources and oil refining – are multidisciplinary areas where governments, consortiums and private entrepreneurs can partner. In our deregulated power and communication sectors, our power generating companies (GENCOS) and the distribution companies (DISCOS) are still struggling; and we are yet to fully catalyse the “use of ICTs for different aspects of national development”.

Today, the best railway system in the world, the Japan Railway Group (JR Group) is not run by government. The majority of the companies that form the JR Group are privatised. Why is this relevant?

We cannot develop our infrastructure fully, if we continue running them as social welfare entities. We cannot advance our national infrastructure, if the motive behind the privatisation is to enrich individuals, who masquerade as investors, but lack the capacity and will to grow and sustain the infrastructure. On record “only 10 out of the 400 companies privatised so far were assessed to be on relative sound footing.”

Moreover, unending bottlenecks stymie infrastructure, which is a key driver in economic growth. We have not only encountered these bottlenecks in Nigeria, but we certainly contend daily with exchange rate volatility and energy cost and irregularity of electricity supply. So whither Nigeria’s infrastructural development?

Certain commitments are called for; we must commit to making and enforcing pertinent laws. Nothing can be achieved, if the right laws are not in place and if laws in place are not respected and rigidly enforced.

Government as well as but professional bodies like Nigerian Institute of Architects (NIA) have a role to play in upholding extant laws. We must properly regulate and preserve property. Why build new infrastructure, when we can’t maintain, regulate and preserve existing ones? Barring an earthquake, a newly constructed road collapsing within the first five years of its completion, underlines structural failure and inherent defects.

We must employ the force of the community to support the building of infrastructure for common good. This year alone in the 2016 budget, we devoted N1.8 trillion (30% of the total budget) to capital expenditure. For 2017, we envisage N1.7 trillion going to capital development and infrastructure. These are huge sums, yet critical infrastructure such as the Second Niger Bridge remains on the drawing board. As I’ve said elsewhere, “the non completion of the bridge many years after its conception had become for many, a fitting metaphor for the federal government’s dysfunctionality in implementing strategic national projects.”

We must build for public good. A well-built road, bridge, building or park, is of benefit to all users.

Obaze is MD/CEO of Selonnes Consult Ltd

MTN/VISAFONE DEAL: NOTYET UHURU

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NCC needs to do more in ensuring the availability of resources such as spectrum to provide new technologies, writes Olulabi Lawson

he Nigerian Communications Commission (NCC) in a recent statement made a public declaration that it did not approve the transfer of CDMA operator Visafone’s 800MHz spectrum to MTN, but that it only approved 100 per cent shareholding of the company to the latter.

NCC’s rejection of the claim to the 800MHz spectrum by MTN is seen by industry watchers as a bold and decisive move on the part of the regulator, considering the fact that sale had been consummated in many ways by both parties to the deal. With this stance, NCC has shown uncommon courage and objectivity in addressing some of the concerns raised by stakeholders when the deal was first announced last December. At that time, the wider implication of the transfer of Visafone’s spectrum to MTN took centre stage on the grounds that the transfer of the spectrum to one operator to the exclusion of all the others was unjust, and would be a disincentive to growth of the telecom sector.

NCC’s recent clarification that it did not approve the transfer of Visafone licence to MTN, as contained in a statement by its director of Public Affairs, Tony Ojobo has corroborated the position of the stakeholders that some things were not right at the onset. Industry analysts had noted that allowing MTN access

to Visafone’s 800MHz spectrum to provide 4G services, where other operators had not been given similar access rights, violated the spirit and letter of fair competition.

The situation was further compounded by the fact that MTN had also acquired spectrum in the 700MHz band from the National Broadcasting Commission (NBC) through a non-competitive bidding process about the same period it took over Visafone. The 700MHz band had been pencilled down for release to NCC to be reallocated to the industry for the provision of telecommunication services, and the sale of a portion of this spectrum did not go down well for reasons bordering on due process.

It was believed, and perhaps rightfully so, that the spate of spectrum acquisition signified grave danger for the industry as that development resulted in the concentration of spectrum in the hand of a single operator who had been declared dominant. MTN had secured access to what was believed to be the two most effective spectrums for broadband deployment – 700MHz and 800MHz – such that it could provide better services at lower costs compared to other operators. This would have resulted in market disequilibrium and stifling of competition as other industry players would not have been in the position to offer similar quality of services at competitive prices.

With the recent launch of 4G services by the major operators except Airtel, it seems that Glo, MTN and Etisalat have found a way around providing 4G services despite the much debated issue of spectrum scarcity. The delay by Airtel is perhaps confirmation that the required spectrum is indeed not readily available. NCC therefore still needs to do more in terms of ensuring the availability of required resources such as spectrum to provide new technologies in Nigeria. In other climes, telecom industries are already looking to offer 5G and other big data services with the Internet of Things era and Nigeria needs to position itself to do the same in the near future.

In order to ensure continued competition in the telecommunications sector, as is seen by operators jostling to outshine each other with new services and attractive promos, NCC needs to put in place critical measures to assure sustainable growth in the industry. Aggregation and efficient reallocation of the available spectrum, including those not efficiently utilised should be a key priority of NCC at this time.

The 700MHz and 800MHz spectrums are crucial for effective broadband deployment hence NCC needs to see to the early release of the 700MHz to the industry. This will support the efforts of global telecommunication bodies who are currently exploring the use of spectrum lower

than the 700MHz spectrum for the provision of telecommunication services, particularly as broadcasting and telecoms are converging.

With a few months to the digital switch over date of June 2017 set by the International Telecommunications Union (ITU), more timely and impactful moves on the part of NCC is critical to propel the country in the right direction.

With the freeing up of the available spectrum, operators will be better positioned to deploy more services which will boost broadband penetration while subscribers are able to do much more with the increased capacity. With the 30% broadband penetration by 2018 target set by the Ministry of Communication, additional broadband deployment will bring the industry closer to achieving the set objectives.

As the regulator of the telecoms space, NCC must continue to be objective, proactive and transparent in its dealings with its stakeholders. The absence of these virtues will foster uncertainty and deny Nigeria of the much sought after foreign and local investment, which is required to grow the sector. To ensure continued effectiveness, NCC must continuously peer-review itself with industry standards in other countries and implement those that fit into our peculiar market situation.

Lawson, a development economist and strategist, wrote from Abuja

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

EDITORIAL TOLL GATES ON WHICH ROADS?

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It does not make sense to toll roads that are dilapidated

e asked the above question before on this page and we are asking it again, following the recent resolution by the Senate for the re-establishment of toll gates on federal highways across the country. Senator Suleiman Nazif, who moved the motion, argued that the main purpose of toll gates would be for revenue generation. “Beside revenue generation, the presence of toll gates which are normally managed by armed security agents, provides a level of safety for road users. The government cannot fund road construction alone. The poor state of roads in Nigeria has remained, for many years, a great source of risk for travellers and transporters,” Nazif said.

While we may not share the same ideological position with the Nigeria Labour Congress (NLC), their Secretary General raised a fundamental point that was missed by the Senate in their discussion. “Unless we are able to put in place a mechanism that will ensure that the revenues from WE HAVE NO PROBLEM the tolls are used for WITH THE IDEA OF the development and ERECTING TOLL GATES. maintenance of the WHAT WE QUERY IS roads, any attempt to bring the toll gates will WHETHER IT MAKES again be a failure.”

SENSE TO ERECT THEM BEFORE REBUILDING THE But beyond that, the question remains as DILAPIDATED ROADS to whether it makes sense to put toll gates on the dilapidated roads that we have all over the country today.

Against the background that a drive through many of the nation’s major roads is now a nightmare, we cannot understand the basis for erecting toll gates before their reconstruction. As we have repeated on this page, trips that ordinarily should take no more than a few minutes now take hours and at times days because of the condition of most of the major access roads. And no part of the country is spared. From the North-east and

Letters to the Editor

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North-west to the South-south, South-east and Southwest to North-central, the story is the same: most of the roads have become death traps.

Some roads in the South-south, South-east and South-west are death traps, apparently because of the impact and damage the rains had on them. Most affected roads in the South-east include the Enugu-Port Harcourt Expressway, Bende-Ohafia-Arochukwu road, Aba-Ikot Ekpene-Calabar road, Enugu-Awka-Onitsha road and Umuahia-Ikot Ekpene road. Even in Lagos, the roads leading to Apapa, the strategic port city where hundreds of millions of naira are made daily by the government and others, are embarrassing. Over the years, billions of naira had been poured on the OshodiApapa road but it is still in a shambles, crater-ridden and looking more like a war-ravaged area.

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

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nfortunately, it is not too difficult to decipher how we got to this sorry pass. Instead of maintaining the bad spots on the roads as they develop, the authorities would wait until they go completely bad, perhaps to provide opportunity for the award of contracts at heavily inflated rate. In order to go around this problem, the federal government at a point established FERMA, an agency saddled with the responsibility of maintaining roads. But it has not provided the needed respite.

It is not just that most of these roads are so impassable that we find very disturbing, it is also the fact that the dangerous spots along many of them have also become convenient operating centres for highway robbers who lay siege to unsuspecting motorists and other road users. This is aside the notorious fact that the poor state of these roads hampers economic activities as several tonnes of farm produce and other products cannot be transported to areas where they are needed. In the rainy season, many communities have practically been cut off with impassable roads.

Given the foregoing, we really have no problem with the idea of erecting toll gates. What we query is whether it makes sense to erect them before rebuilding the dilapidated roads.

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.

BOLANLE AMBODE’S SILENT REVOLUTION IN LAGOS

onsidering its ever growing population, commercial status and cosmopolitan nature, Lagos State could surely make do with varied collaborations with individuals, organisations and other stakeholders for accelerated growth. It is from this perspective that the efforts of Office of the Wife of Lagos State Governor in providing a huge boost for Lagos development should be commended. Lagos’ First Lady, Mrs. Bolanle Ambode, is currently engendering a silent revolution that is offering priceless succour to Lagosians across all divides.

Through her Foundation, Hope for Women in Nigeria Initiative (HOFOWEM) Mrs. Ambode is giving a new definition to the art of social work and community development in the country. HOFOWEM’s key area of influence is Lagos State, particularly the rural communities. One of the themes for the actualisation of HOFOWEM’s goals is “Hope for Children through which it seeks to help rehabilitate vulnerable children and encourage the education of disadvantaged children in the society. Similarly, the wellbeing and health care of deprived children is also one core aspect HOFOWEM deems vital in its plans. The HOFOWEM Scholarship Scheme is another central part of the Hope for Children initiative.

Since the inauguration of HOFOWEM, Mrs. Ambode has been using the platform to put smiles on faces of the less privileged in the society. In the first quarter of the year, HOFOWEM concentrated on empowering widows, other foundations, and mothers with multiple births and also funded major surgical procedures for many people. This is not surprising as a crucial goal of HOFOWEM is to touch and transform lives as well as create sustainable means for the underprivileged in the society. One good thing about HOFOWEM is that its focus is all encompassing. For instance, pupils, indigent

students, widows, multiple birth mothers, orphans and many others have received varied degrees of help from HOFOWEM at one time or the other. The foundation did its maiden empowerment programme on March 7, this year, when widows, sick women and mothers with multiple births, were supported in various ways.

One unique thing about HOFOWEM’s scope of operation is that it creatively covers assorted areas of interests. Thus, from time to time, the foundation comes up with a variety of innovative ideas aimed at bettering the lot of hapless folks in the society. The idea is to ensure that, as much as possible, through strategic and inventive thinking, it comes up with robust initiatives to address emerging and critical needs of the less privileged. Considering current harsh economic realities in the country and its attendant consequences, HOFOWEM’s novel approach to social intervention is quite admirable. A major benefit of this strategy is that as new challenges surface, the people are not left in the cooler for too long before help comes.

In furtherance of this novel social intervention philosophy, HOFOWEM recently distributed gift items to 230 expectant mothers in Alausa, Ikeja. Packaged under the banner of HOFOWEM “Hope for Expectant Mothers” support programme, the initiative was aimed at reducing maternal and infant mortality. Through the programme provision was made for 230 expectant mothers with baby mattresses, nursing mum’s packs which contained all the necessary baby essentials from thermometers to breastfeeding covers among others.

At the event, it was revealed that basic hygiene and good sanitary habits for pregnant women could play a key role in reducing maternal and infant mortality. Speaking at the occasion, Mrs. Ambode disclosed that: ‘All too often, infants are usually at risk of infection, diarrhea, poor growth and many common diseases associated with unhygienic

habits. The act of washing hands is so simple, yet we do not see it as a game-changing solution”. Beneficiaries of the support programme were drawn from the 20 local government and 37 development areas of the state. At the event, a total of about 230 pregnant women were given complete delivery packs which include: baby and mother beds, sanitary pads, towels, beverages, thermometer, shawl, diapers, breastfeeding net, travelling bed, sanitisers, amongst others.

Though HOFOWEM has covered a huge ground within such a short period, it is, nevertheless, gratifying to observe that the foundation is not resting on its oars. This is based on its promoters’ perception that excellence has no finishing line and that innovation is a continuous journey. The foundation recently launched a major landmark initiative tagged: “Project Bright Steps, equipping future leaders.” At the launch of the project, Mrs. Ambode said: “We are here basically to motivate these children, boost their self esteem, and help them appreciate their self-worth, encourage them to be proud of themselves and most importantly equip them for the future. As a mother, I am deeply passionate about children. Some lucky ones have the necessary support, while others have very little or nothing”.

A major highlight of the event is the distribution of shoes and socks to 175,000 public primary school pupils in Lagos State. The underlining philosophy behind the laudable gesture is primarily to ensure that no pupil is denied the joy and fulfillment of schooling on the basis of lack of shoes and other such basic necessities. Considering that a former president of the country once made the subject of “I had no shoe” a crucial electoral campaign issue, this particular intervention of HOFOWEM should be vastly appreciated.

Tayo Ogunbiyi, Ministry of Information and Strategy, Alausa, Lagos

A

WEEKLY PULL-OUT

08.11.2016

RAPE AND SEXUAL ABUSE OF FEMALE IDPS CRIMES AGAINST HUMANITY

Female IDPs

2/DASHBOARD

08.11.2016

Court Must Consider All Duly Filed Pending Applications PAGE 4

Priscilla Ogwemoh Emerges Best Female Managing Partner of the Year PAGE 6

Lagos Chief Judge Frees 11 Badagry Prison Inmates PAGE 6

CDHR Pledges Support for EFCCí s Anti≠ Corruption Fight PAGE 6

QUOTABLES 'Buhari has no clue. APC has no clue. He got into office on the mantra 'Jonathan must go'. On corruption, I must say this, I agree with him entirely. Nobody will accommodate the type of corruption that is going on, but he exploited that sentiment in the country to hide his cluelessness about government. What is their program? "I will wipe out corruption, I will wipe out corruption". Will I will wipe out corruption put food on the table?' ñ Chief Ayo Adebanjo, Legal Practitioner, Elder Statesman, Afenifere Chieftain

'There is need for the PDP to internalise democracy. If the party had done that; it would not be passing through this. The party has been factionalised and now comes before us to wash its dirty linen in court. Go and put your house in order and stop bothering the court.' ñ Honourable Justice Aguba, Justice, Court of Appeal

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.

Citizenry Decries Non≠ Funding of Offices of Nigeriaí s Public Complaints Commission PAGE 11

ë Every Lawyer must Read and Devote Time for Researchí PAGE 11

In Memory of a Quintessential Jurist, Justice Ayorinde, Former Oyo State CJ PAGE 12

Imitations of Immortality: Sir Olaniwun Ajayi April 8, 1925 ñ November 4, 2016 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

Shine Una Eye Police No Be Your Friend O

Murdered Joseph Izu

Joseph Izu

Murdered Apo 6 Apo 6

Injured Mr.Godwin Ekpo

Murdered Mrs. Comfort Ekpo and Mr.Godwin Ekpo

4/LAW REPORT

08.11.2016

Court Must Consider All Duly Filed Pending Applications

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t is settled law that, a Court must consider and pronounce on all applications or motions pending before it. In the instant appeal, the Court of Appeal held that the lower court’s failure to hear the Appellant’s application for stay of proceedings pending the appeal, was an infraction of the Appellant’s rights to fair hearing.

Facts The 2nd Respondent, who was a customer of the 1st Respondent, mortgaged his property at No. 10/13 Metropolitan College Road Isolo, Lagos state (“the property”) to 1st Respondent for a loan.

The 2nd Respondent defaulted in repaying the loan hence the 1st Respondent to put the property up for auction. The auction was said to have been duly advertised in the Daily Sketch Newspapers and posted in conspicuous places including the gates of the disputed property. The Appellant, through its Chairman/Managing Director Sampson Orji, participated in the auction, placed its bid for the property with other bidders and eventually emerged as the highest bidder.

As consideration, the Appellant paid the sum of N650,000.00 by cheque and 1000 US Dollars in Cash.

The 1st Respondent was however unable to execute the necessary transfer documents due to the judgment obtained against the 1st Respondent in favour of the 2nd Respondent on the grounds of insufficiency of notice and lack of consent.

Consequently, the Appellant as Claimant instituted this action against the Respondents as Defendants in the High Court of Lagos State (the “Trial Court”) seeking the following reliefs: (i) A Declaration that the Claimant is the current owner of the property previously known as Nos. 10 & 13 Metropolitan College Road, Isolo. (ii) Specific Performance of the contract of purchase of property previously known as Nos. 10 & 13 Metropolitan College Road, Isolo, Lagos made between the Claimant and the 1st & 2nd Defendants after the fall of the Auctioneers hammer on the 16th October 1990. (iii) An order that the Defendants do all such acts or things or execute all such documents as may be necessary to transfer the said property to the Claimant. (iv) The Claimant's further claim of N3,000,000.00 as special and general damages against the 1st & 2nd Defendants for the loss of use, distress, inconvenience, hardship and deprivation caused by the Defendants as a result of the 1st and/or 2nd Defendants wrongful seizure and deliberate withholding of the original title documents pertaining to the property.

In response to the claim, the 1st Respondent filed its statement of defence whilst the 2nd Respondent also filed his own defence and counter-claim against the Appellant, the 1st Respondent, the Auctioneer and Mr. Samson Orji as Defendants to the Counter-Claim.

At trial, the Appellant applied to change its Counsel and application was granted. The new Counsel then filed an application to further amend the Appellant’s amended statement of claim. The court however refused the application to amend.

Dissatisfied with the ruling of the Trial Court the Appellant filed an interlocutory appeal before the Court of Appeal and a application a for stay of proceedings at the Trial Court. The stay application was not heard and on 6 October 2008 the Trial Court delivered its final judgment dismissing the Appellant’s claim and granting only prayer 3 of the Counterclaim of the 2nd Respondent to wit possession of 10 Metropolitan College Road Isolo.

The Appellant appealed to the Court of Appeal, Lagos Judicial Division. The Appellant In its brief of argument, formulated the following issues for determination: (i) Whether having regard to the pleadings and the evidence, the trial court was right to decide as it did. (ii) Whether the Court was right in refusing the application to amend the statement of claim having regard to the fact that the effect of the amendment was to give the claimant the opportunity to present adequately, all the issues in controversy and specifically to be heard on the issue of contract in the event of the Court holding that the sale was not valid. (iii) Whether the learned trial Court was right in law

In the Court of Appeal of Nigeria Holden at Lagos On Tuesday, the 12th Day of July, 2016 Before Their Lordships Chinwe Eugenia Iyizoba Samuel Chukwudumebi Oseji Jamilu YammamaTukur Justices, Court of Appeal CA/L/611/2009 Between Scourj Business Investment Limited .... Appellant And 1. Wema Bank Plc 2. Mr. R O Bakare ....Respondents

in failing to hear and determine the application for stay of proceedings pending appeal on the interlocutory ruling which denied the Claimant/Appellant the opportunity of obtaining some relief from the Court of Appeal. (iv) Whether in a claim for specific performance founded on part performance the Claimant ought not to succeed upon proof of a valid contract that has been acted upon in good faith.

The 1st Respondent on its own part formulated a sole issue for determination: (i) Whether the auction can transfer ownership or interest in the disputed property to the Appellant without the fulfilment of the condition precedent in Exhibit P8?

The 2nd Respondent on his own part formulated a sole issue for determination: (i) Whether the Appellant established ownership of the property in dispute.

"IT IS SETTLED LAW THAT, A COURT MUST CONSIDER AND PRONOUNCE ON ALL APPLICATIONS OR MOTIONS PENDING BEFORE IT. IN THE INSTANT APPEAL, THE COURT OF APPEAL HELD THAT THE LOWER COURT’S FAILURE TO HEAR THE APPELLANT’S APPLICATION FOR STAY OF PROCEEDINGS PENDING THE APPEAL, WAS AN INFRACTION OF THE APPELLANT’S RIGHTS TO FAIR HEARING"

In the determination of the appeal, the Court of Appeal sought to adopt the four issues formulated by the Appellant. The Court was however, of the view that issue three in the Appellant’s brief was capable of disposing the appeal completely and therefore decided to begin with issue three, after which if necessary, it would go to issues one, two and four.

On issue three, the Appellant contended that the lower court refused or neglected to hear and determine the application for a stay of proceedings while it was pending. That the Court went ahead to deliver its judgment thereby denying the Appellant the opportunity of getting the anticipated relief at the Court of Appeal which altogether occasioned a miscarriage of justice. Citing section 36 of the Constitution of the Federal Republic of Nigeria as amended on the right to fair hearing, the Appellant contended that the rule of natural justice “audi alteram partem requires that parties be given an opportunity to be heard and where the rule is contravened, the proper order the court should make is an order setting aside the decision.

He relied on: BAKARE v LAGOS STATE CIVIL SERVICE COMMISSION (1992) 8NWLR (Pt 261) 641-770; OLANIYAN v UNIVERSITY OF LAGOS (1985) 2NWLR (Pt. 9) 559; STATE CIVIL SERVICE COMMISSION v BAZUGBE (1984) 7SC 19; SHITTA-BEY v FEDERAL REPUBLIC SERVICE COMMISSION (1981) 1SC 40; Falomo v. Lagos State Public Service Commission (1977) 5 SC. 51.

The Appellant further submitted that the entire proceedings ought to be set aside, and urged the court to do so, on the basis that the denial of its constitutional right to fair hearing rendered the entire proceedings in the lower court a nullity. The Appellant urged the Court to set aside the judgment of the lower court and order a retrial of the case before another judge of the High Court.

The arguments of the 1st and 2nd Respondents on this issue were contained in the preliminary objection raised by both parties, which was abandoned and duly struck out. The Court was of the view that since their briefs did not address this issue on its merit, it was left with no option than to determine the issue based on the arguments of the Appellant alone.

Court's Rationale and Judgement On issue three of the Appellant’s brief of argument, the Court stated that where a Court refuses, fails, neglects to hear an application or motion properly placed before it, it amounts to a breach of the fundamental right to fair hearing. The Court noted that it is not necessary for any person alleging a denial of fair hearing, to establish any injury or prejudice to himself, before he may invoke his right to fair hearing. The fact that the application, properly filed and served by the Appellant in this case, was not heard by the lower court, is in itself a breach of the Appellant’s right to fair hearing.

The Court consequently, held that a re-hearing would have to be ordered in this suit, given that the Appellant was denied fair hearing by the refusal of the lower court to hear and determine the motion for stay of proceedings, before delivering its judgment.

It thereafter, stated that it is unnecessary to go into the merits of the appeal as the Appellant had, in its arguments, and from the records before the Court, shown that the failure of the lower court to hear and determine its motion for stay of proceedings inevitably led to the infraction of its right to fair hearing and had in turn rendered the appeal nugatory.

The Court allowed the appeal and set aside the judgment of the lower Court. The Case was remitted back to the Chief Judge of Lagos State for assignment to another Judge of the Lagos Judicial Division for trial de novo.

Representation: For the Appellant – C. Eze Esq with I.B Orogbangba (Miss) For the 1st Respondent – Oluseye Demuren For the 2nd Respondent - P.O Lasisi, SAN with M. Obi-Farinde (Mrs.) and A. Onasile.

Reported by Adenike Adedolapo Afun, Aluko & Oyebode, Lagos

08.11.2016

/5

Shine Una Eye Police No Be Your Friend O

N

igerians recently woke up to the shocking news of the rape, sexual exploitation, sexual abuse, starvation and deprivation of Internal Displaced Persons (IDPs), especially females, in practically all the thirteen IDP Camps in Northern Nigeria.

Historically, rape and sexual violence, were used as tools of war, to terrorise and destroy communities, and in more recent times, to deliberately spread HIV to the enemy through the rape of their women, in the hope of ruining and annihilating as many families as possible.

But what do you call it, when the perpetrators of rape and sexual violence are not the enemy but police, soldiers, law enforcement agents and staff of humanitarian agencies (Predators), the very people whose role it is to protect those who have escaped from war, and in this case, females that have been brutalised and traumatised by violent Boko Haram attacks, and are now taking refuge in camps? In 1994, the International Criminal Tribunal for Rwanda declared rape to be a ‘crime against humanity’. In 2002, the Rome Statute of the International Criminal Court defined rape and any other form of sexual violence as ‘a crime against humanity when it is committed in a widespread or systematic way’.

Apart from obviously seeing these vulnerable unprotected females as ‘fair game’, ‘easy prey’, these predators have taken advantage of the shortage of food and essential commodities in the camps, and turned the IDP camps to a place where a thriving ‘sex for food and essenco’ racket obtains, whereby ladies are forced to have sex with them, just to be able to survive, just to be able to move in and out of the camps, just to be able to get food to eat and even clothes to wear, and for those who have children, to be able to feed and get medicines for their children.

There are now so many reported cases of rape in the camps, not to talk of those that are not reported, due to shame, stigmatisation and so on. A seventeen year old girl narrated her ordeal. She was approached by a police officer who said he wanted to befriend her. He raped her and impregnated her. When she informed the police officer of the pregnancy, he threatened to shoot and kill her, if she mentioned it to anybody, so she was too scared to make a report and it seems that, he has got away with rape, at least for now.

This is just one example of reckless behaviour by so-called law enforcement agents.

It was reported by a Human Rights group that the incidence of sexually transmitted diseases and HIV has increased dramatically in the IDP camps. In the case of HIV, it has increased by about 150% between 2014 and 2016, from 200 to 500 cases, maybe even more, as some are too ashamed or scared to report their ordeals to the camp authorities and there are no adequate medical facilities in the camps.

By virtue of the International Criminal Court definitions, can we not safely say that the predators are committing a crime against humanity by sexually abusing female IDPs? President Buhari has ordered the IG of Police to commence investigation into this scandalous matter. By virtue of the Criminal Code and the Penal Code, in Nigeria, rape is a very serious offence, punishable with a maximum of life imprisonment.

But foreign human rights groups have complained that Nigeria seems to have a lukewarm attitude towards rape and violent crimes against women. Apparently, a written report on this matter was submitted

to the Ministry of Women Affairs in July. Till date, nothing has been heard from the Ministry. Even the National Emergency Management Agency (NEMA) had formed a panel since early 2015, to investigate a report published by International Centre for Investigative Reporting (ICIR), alleging that young girls were being trafficked from IDP camps. The perpetration of such atrocities would certainly not be able to be achieved without the connivance of those in positions of authority in the camps and law enforcement. What has been the outcome of all these investigations?

The issue of extra-judicial killings by police and soldiers is another example of law enforcement’s lawlessness and recklessness.

Joseph Izu, a young promising professional footballer of Shooting Stars Football Club, Ibadan (3SC), was killed on Sunday October 16th, 2016, by members of the Army Joint Task Force, at the jetty area of Okaki Community, Ahoada West Local Government Area, Rivers State, where his father said he went to have a bath, a practice apparently not uncommon for people in that area.

His murder in cold blood does not seem to be unusual, as extra-judicial killings in Nigeria have been on a steady rise, especially in the Rivers and Bayelsa neck of the woods. The sad aspect of it is that, there are always teams and committees set up by government to investigate these occurrences, but they never yield any results. Mostly, the police/army culprits are never brought to book for their murderous and heinous crimes. There is therefore, no deterrent for them to be careful and responsible, as they are literally able to get away with murder. The law enforcement agencies sometimes lie and tamper with evidence to protect their own, and frustrate the cases against their colleagues.

Let’s rewind to 2005, the celebrated case of the extra-judicial killing of the ‘Apo Six’. Five men and a woman, Tina Arebu attended a nightclub in Area 11, Abuja. It was alleged that a senior police officer, DCP Danjuma Ibrahim, who was also at the nightclub, propositioned Tina. Apparently, she flatly refused his advances and his ego was badly bruised. To exert revenge, Danjuma Ibrahim allegedly told the officers at the checkpoint that there was a gang of armed robbers in the area.

On leaving the nightclub, Tina and her friends were followed and their vehicle blocked at the checkpoint at the end of the street. The police allegedly, on the instructions of Danjuma Ibrahim, opened fire on them. Four of the men died on the spot, while Ifeanyi Ozor and Tina survived the attack. Ifeanyi was even able to place a call to friends from the scene. They were both taken to the police station. It is even more shocking that, the police demanded the sum of N5,000 from Tina’s family to secure her release, which they were unable to come up with. Tina and Ifeanyi were allegedly later taken to an isolated area outside town, where they were said to have been murdered. Tina was strangled.

Fast forward to eleven years later, the matter is still before an Abuja High Court.

Adjournment upon Adjournment. Danjuma Ibrahim, who engaged the services of an SAN, has been on medical bail since the incident, and has carried on with his life. The families of the deceased persons have practically given up hope of justice for their loved ones.

One of the police officers involved in this case, a DPO, Othman Abdulsalami, apparently ‘escaped’ from the fifth floor of the Force Headquarters Building, and is still at large. How does one escape

from the fifth floor of a building without being recognised and apprehended, all the way down to the ground floor to exit the building? I smell a rat. The DPO was most likely aided and abetted by his colleagues in his escape.

In the case of Izu, there are several different accounts of what led to his death. While the Army claims that Izu was killed by a stray bullet when soldiers raided the jetty area known as ‘Ghetto’, a cultist shrine in Okaki, an eye-witness account given during a news report on television, says that Izu was shot in the leg first. He was then taken into a room where he kept shouting “I’m innocent, I’m a Footballer”.

Writhing in pain from the gunshot to his leg, he is alleged to have shown the soldiers his identity card, which was checked and then he was simply shot again (at close range) and killed.

None of the other accounts of the incident say that Izu was armed with a weapon. Does the police have the right to kill a person who is unarmed? Even if it was a suspect trying to escape, a gunshot to the leg would suffice to stop anybody in their tracks.

Or the 2015 incident of Godwin and Comfort Ekpo and their four children, who were returning from Church in their tricycle (Kekenapep/Tuktuk). The eldest of their children was 12 while the youngest was just 11 months old at the time. In trying to avoid giving the officers a N2000 ‘kola’/bribe, Mrs Ekpo was shot by Corporal Aremu Musiliu.

The bullet shattered her skull killing her on the spot. It also went through Mr Ekpo’s jaw and arm. Luckily, he survived.

The question is, how do you explain a police officer opening fire on a keke with more children than adults in it? A keke is open. You can see the passengers inside it from outside. The police officers, unless they were blind, would have seen the little children and the baby inside Ekpo’s keke. Were they high on drugs?

Even the EFCC has not been left out of the extra-judicial killing spree. Recently, in June 2016, there was the case of late Desmond Nunugwo, who was said to have fraudulently duped a lady of N91 million. The Complainant reported the case to the EFCC and Nunugwo was arrested by EFCC operatives at the office of his lawyer on June 9th. Six hours later, he apparently complained of stomach discomfort. He was rushed to the hospital where he was pronounced dead. Nunugwo was allegedly hale and hearty at the time of his arrest. The question is, what happened to him during his detention at EFCC? As usual the police is ‘looking into’ his death.

Interestingly, Nunugwo’s lawyer was allegedly warned by the EFCC operatives while effecting the arrest, not to accompany him to EFCC. Section 35(2) of the Constitution of the Federal Republic of Nigeria (as amended) provides that “Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his choice.” It therefore stands to reason, that, the legal representative of the person that is being interrogated, must be present during questioning, to enable consultation during same. Ironically, the opposite obtains in Nigeria, as law enforcement agencies usually demand that the lawyer steps out of the room and not be present during the interrogation of their client!

It is time for government to stepup its game and do the needful in its investigations, even if it involves it

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com own, with regard to the rape in the IDP camps and the extra-judicial killings. It is my hope that this will not be another show of incompetence and cover-up with the usual dead-end investigations by the Police, and nothing to show for it, as in the case of Dele Giwa, Bola Ige and Funso Williams, where those that murdered them seem to have escaped punishment. Or the discharge of the five men by a Kano State Magistrate Court, accused of killing a 74 year old woman, Bridget Agbahime for alleged blasphemy.

The Kano State AG apparently decided that they had no case to answer.

The issue of extra-judicial killings is not exclusive to Nigeria alone. We have seen that it has also been on an unhealthy increase in USA, especially with respect to the police's indiscriminate killing of black people. What, in my opinion, is common to USA and Nigeria, is the reluctance of the authorities to prosecute these criminals. Instead of bringing these law enforcement culprits to book, they are more or less given a pat on the hand, and so they get away with it. Where in the case of USA, one can easily finger 'racism' as the reason for them being let off so easily, one can only speculate that in Nigeria, it just has to do with our lawlessness, and culture of non-accountability. Government must therefore play its part, if it wants to eradicate extra-judicial killings, instead of just paying lip service to Nigerians, instituting investigations that yield no results on every issue.

When government decides to make examples of law enforcement agents who rape the innocent and helpless, and kill, and punish them to the fullest extent of the law, it will serve as a deterrent to the trigger happy ones and those with ‘ants in their pants’. When they are hung or face the firing squad at Bar Beach for murder, others will learn the art of self-control.

It would be a disgrace, if as usual, nothing happens to the IDP camp rapists and sexual abusers. The world is watching. We know that the handling of sexual violence against women and children in refugee camps by ‘Predators’ has been inadequate, especially in Africa.

However, apart from maximum punishment for these sexual predators, Human Rights Advocates have proffered several useful solutions to try to stamp out this evil. Some of them include employment of many more women in camp governance and aid distribution, employment of more female medical personnel in the camps and maintenance of strict confidentiality which will encourage report of abuse, proper training of refugee camp staff, provision of access to court system and legal aid for refugees, training of police, soldiers and other law enforcement agents on the ills of sexual abuse and exploitation.

6/NEWS

08.11.2016

Priscilla Ogwemoh Emerges Best Female Managing Partner of the Year The Managing Partner of Olisa Agbakoba Legal, Mrs. Priscilla Ogwemoh, has won the best Female Managing Partner of the year award in Nigeria.

The award was presented to Ogwemoh by Mrs. Funke Adekoya SAN at Oriental Hotel in Lagos, last Friday.

Ogwemoh was among the shortlist for this year's Law Digest Africa Awards, out of over 200 entries for the awards; an increase of over 50% from last year's entries, making this award the most recognised award for African lawyers. There were also entries from countries such as Egypt, Mozambique, Rwanda and Morocco for the first time.

Meanwhile, the category of winners are: Managing Partner of the year, Female Managing Mrs. Funke Adekoya SAN (left) presenting the Award of Best Female Managing Partner of the year to Mrs. Priscilla Ogwemoh, Managing Partner, Oisa Agbakoba Legal, at Law Digest Africa Awards at Oriental Hotel, Victoria Island, last Friday Photos: Sunday Adigun

CDHR Pledges Support for EFCC’s Anti-Corruption Fight Stories by Akinwale Akintunde

The Committee for the Defence of Human Rights (CDHR) has thrown its weight behind the Economic and Financial Crimes Commission, (EFCC)’s anti-corruption efforts.

The group made the pledge in Lagos at its Annual General Conference (AGC) which featured its delegate members from across the country.

It urged President Muhammadu Buhari to set up a trust fund to manage loot recovered by the EFCC and other anticorruption agencies.

“The CDHR supports the crusade for transparency and anti-corruption by the EFCC and we therefore express our profound support for the anticorruption agencies."

“The Senate as a matter of urgency, and without further delay, should confirm the appointment of the EFCC Acting Chairman, Ibrahim Magu, so as to put the EFCC on a sound footing to guaranteeing the unfettered crusade against corruption in Nigeria,” it said

in a statement after the event.

According to it, a Recovered Loot Trust Fund would compel government and anti-graft agencies to make full disclosure of recovered loot and their sources, forestall re-looting by the political elite and provide funds for “financing programmes that address poverty and create wealth".

The AGC featured several speakers, including CDHR founding Secretary-General and now Chairman, Editorial Board of The Nation Newspapers, Mr. Sam Omatseye, who delivered a keynote address “The Concept of Rule of Law and The Notion of Justice for the Survival of The Nigerian State”.

Omatseye, alongside a former CDHR President and Lagos lawyer, Mr. Femi Falana SAN called for vigilance amongst rights activists in the face of “grinding corruption and impunity in the land".

Omatseye’s presentation raised a number of thoughtprovoking posers which border on the concept of the rule of law particularly in the light of the crisis of injustice and

democratic consolidation in Nigeria.

Other paper presentations at the event included "Deepening Democracy and Confronting the Culture of Impunity: The Challenge of Human Rights Activism" by a Constitutional Lawyer, Mr. Jiti Ogunye and "Civil Society and the Management of Nigerian Economy in an Era of Recession" by the Executive Governor of Osun State, Ogbeni Rauf Aregbesola.

Earlier in his welcome address, CDHR National President, Comrade Malachy Ugwummadu reiterated the need for vigilance amongst Nigerians, in view of the very sensitive and worrisome developments which have farreaching implications for the survival of democracy and the preservation of the sanctity of Human Rights and the dignity of human persons.

Ugwummadu reminded delegates of the need to keep faith with the struggles for Human Rights for which a number of past leaders of CDHR laid down their lives.

He admonished delegates

that Human Rights and Prodemocracy Movements in Nigeria must be repositioned to meet with the enormous challenges of the present time.

According to Ugwummadu, the 2016 AGC became crucial considering the state of the country and he therefore called on members to be more committed to the quest of “rescuing the Nigerian ship from total collapse”.

Other speakers included a former Attorney-General of Edo State Mr. Osagie Obayuwana, a former CDHR President Mr. Gbenga Awosode, Mr. Femi Aborishade, Mr. Luke Aghanenu and Mr. Sunny Enenuvwedia.

The CDHR described the Senate’s attempt to whittle the powers of the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) as “crude and shameful".

It said the Judges indicted by the Security Services should step aside pending the outcome of the investigations by the National Judicial Council, (NJC)

Criminal Justice Institute Inducts New Members, Calls for Attitudinal Change The Institute of Criminal Justice and Criminology Administration (ICJCA) has said that attitudinal change amongst Nigerians, will help develop highly effective and responsible citizenry, adding that change can only evolve through people with the right mindset and education.

The institute stated that there is no doubt that the development of the country in all sectors has been badly hampered by unethical practices, unbridled corruption, greed, unpleasant lifestyle

and other unprofessional conduct, which have smeared the country's image both locally and internationally.

ICJCA President and Council Chairman, HRM, Oba (Dr) Gbadebo Bajowa, made this observation last Thursday at the maiden induction of new members, associates and fellows into the institute in Lagos.

Oba Bajowa in his address, read by Mr. Bamishaiye Samuel, said that the state of criminal justice and criminology administration in the

country leaves much to be desired, and the institute is not happy about the development.

According to ICJCA President, in order to move the nation to the desired level, the institute is committed to working to correcting this anomaly, with recourse to her enabling Act which empowers her to regulate and control the practice of the profession in all its ramifications in the country.

"As an emerging institute which wants to make a

forceful statement by making a real and visible difference, we intend to be in the forefront of reorientating Nigerians on attitudinal change in order to develop a highly effective and responsible citizenry."

"Change can only evolve through people with the right mindset, education and proper orientation to redirect events that would re-shape the country.

Therefore, there is need to

CONTINUED ON PAGE 14

Partner of the year, Young Managing Partner of the year (under 40), Law Firm of the year, Emerging Firm of the year, Litigation and Dispute Resolution Team of the year, M&A Team of the year, Banking & Finance Team of the year, Capital Market of the year, Property Infrastructure and Construction Team of the year, Power, Energy & Natural Resources Team of the year, IP & Technology Team of the year and Africa's Strategic Partner of the year.

The female Managing Partners shortlisted were Eliane Bergenthuin of De Beer Attorneys (South Africa) and Priscilla Ogwemoh of Olisa Agbakoba Legal (Nigeria), who won the award.

Appeal Court Nullifies Movement Restriction During Lagos’ Monthly Sanitation The Court of Appeal, Lagos Judicial Division, on November 4th, 2016, in its decision in the case of Faith Okafor v A.G Lagos State, nullified the restriction of movement on Environmental Sanitation Saturdays, which occurs every last Saturday of the month in Lagos State.

The Court held that the

directive of the Governor of Lagos State on restriction of movement between the hours of 7am to 10am on every last Saturday of the month, is illegal and unconstitutional. Until this decision is overturned by the Supreme Court, there is now freedom of movement every Environmental Saturday.

Lagos Chief Judge Frees 11 Badagry Prison Inmates Lagos State Chief Judge, Honourable Justice Olufunmilayo Atilade last Thursday, granted amnesty to 11 inmates of the Badadry Prisons.

The 11 freed inmates were among the 174 inmates whose names were sent to the Lagos State Prisons Decongestion Committee, headed by Justice Oluwatoyin Ipaye for a review of their cases.

Justice Atilade, who was accompanied by senior members of the judiciary including judges, magistrates, the Chief Registrar, officials of the Lagos Ministry of Justice and members of the Nigerian Bar Association (NBA), said the amnesty granted to the released inmates was part of her statutory duty to continuously ensure that the prisons are decongested.

She said the release of the inmates was in exercise of her powers as the Chief Judge of the state pursuant to the provisions of Section 1(1) of the Criminal Justice (Release from Custody ) Special Provision Act CAP C40, 2007, Laws of the Federation of Nigeria.

The chief judge said the gesture was not just aimed at decongesting the prison, but also to ensure that deserving inmates are made to breathe the fresh air of freedom.

While setting the inmates free, the Chief Judge admonished them to be of good behaviour and to “go and sin no more”.

“Having been informed by the prison officials of the offences for which you have been in prison for a period longer than three months, I pronounce, pursuant to the provisions of Sections 1(1)

of the Criminal Justice (Release from Custody) Act, 2007 as well as Section 35 of the 1999 Constitution, you are all hereby released from custody this November 3, 2016."

“This is without prejudice to any charge that may be preferred against you at a later date; I, therefore, enjoin you to turn a over new leaf and go and sin no more."

The Chief Judge, who noted that this was her first visit to the Badagry Prisons since her appointment as Lagos Chief Judge, emphasised that her goal is to ensure a reduction in the number of awaiting trial inmates across the state.

She thanked various stakeholders like the Nigerian Bar Association, NBA, Directorate of Public Prosecution, Panti, Office of the Public Defendant, OPD, Prisons Decongestion Committee and numerous Non-Governmental Organisations that have worked tirelessly to ensure the freedom of the inmates.

Earlier in his welcome address, the Deputy Commptroller of Badagry Prisons, Tinuoye Olumide Timothy thanked the Chief Judge for her kind gesture.

Tinuoye however pleaded with the Chief Judge for logistic assistance, as the prison currently uses only one vehicle to convey inmates to 8 court locations across the state.

He also stated that the prison with capacity for 160 inmates, presently has 370 inmates.

Out of the 370 inmates, Tinouye said 207 have been convicted while 163 are awaiting trial.

08.11.2016

‘PORT HARCOURT ARBITRATION CONFERENCE WILL CHART NEW FRONTIERS’

/7

Mrs. Doyin Rhodes-Vivour

8/COVER

08.11.2016

Mrs. Doyin Rhodes-Vivour PHOTOS: Sunday Adigun

‘Port Harcourt Arbitration Conference will Chart New Frontiers’ Arbitration is fast becoming entrenched in Nigeria and the practice here has begun to grow in leaps and bounds. Today, Nigeria has several Arbitration Bodies. Mrs. Doyin Rhodes-Vivour is the Chairperson of the Chartered Institute of Arbitrators UK (Nigeria Branch). As the Institute holds its annual conference in Port Harcourt this week Mrs Rhodes-Vivour told Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi why the 2016 conference is so crucial. She also expressed her desire to see the practice of arbitration grow exponentially in Nigeria and for the country to become Africa’s sub-regional arbitration hub in the shortest possible time.

T

here has been a lot of interest generated regarding the Annual Conference of the Chartered Institute of Arbitrators. Can you tell us more about the Conference?

The Annual Conference of the Institute and Gala Nite is actually the flagship event of the Institute.

It is an opportunity for members of the Institute and all those interested in arbitration and ADR to get together and deliberate on key issues and developments in the field. Apart from the incisive papers that will be delivered, the brainstorming on topical issues, the abounding networking opportunities, attendees will also have the opportunity to relax on the final day of the conference when we have the Gala dinner and induct our new members.

What informed the decision to hold the conference in Port-Harcourt?

Our Institute is organised along the lines of

our Branch Secretariat sited in Lagos and our two chapters located in Abuja and Port-Harcourt respectively. The decision was taken about two years ago to host our Annual Conference across our Chapters and Branch Secretariat.

Hitherto we held our Annual Conferences in Lagos. The 2015 Conference was held in Abuja and this year we will be in Port-Harcourt.

Tell us more about the Institute and its membership.

In a nutshell I can tell you that the Institute is an international centre of excellence for the practice and profession of alternative dispute resolution (ADR). In this context ADR refers to all means of settling disputes outside the court system including; arbitration, mediation, negotiation, expert determination and adjudication. It is an internationally recognised home for all alternative dispute resolvers. The Institute founded in 1915 continues to play a pivotal role in the education and training of alternative dispute resolvers. Indeed, I can confidently say that it has achieved its major mission of raising the status of arbitration to

the dignity of a distinct and recognised position as one of the learned professions.

The Institute’s membership is multi-disciplinary and composed of various disciplines including law, engineering, architecture, banking, finance and estate planning and surveying. There are still some professions that are under-represented particularly in Nigeria and it’s our vision to bring all such professions into our fold. Disputes

"THE ESSENCE OF OUR CONFERENCE IS FOR US TO DEBATE AND DISCUSS THESE NEW FRONTIERS, TO ASSESS WHETHER OR NOT WE ARE MEETING USER EXPECTATIONS."

are inevitable in every human interaction and alternative dispute resolution has the advantage of enabling dispute resolution by those with specialised knowledge in the field. Historically the Institute’s concentration was on training and qualifying ADR practitioners, Arbitrators, Mediators and Adjudicators. However, the Institute has moved towards educating all segments of society desirous of understanding the techniques of dispute avoidance and dispute management.

Its growing membership is composed of 14,000 members across 133 countries and supported by an international network of 37 branches across all six continents of the world.

Nigeria was granted Branch status in 1999 and is presently composed of 1137 members.

What are some of the benefits that the Institute offers its members?

The Institute’s training qualifications are second to none. Over the past hundred years firmly focused on its mission, its qualifications have evolved into gold standard qualifications.

Qualifications issued by the Institute entitle

08.11.2016 successful participants in the various training programs to the use of internationally recognised statements of knowledge and expertise and the use of respected post nominal letters.

Members have access through various means to up- to-date professional thinking in ADR, free subscription to the CIArb’s leading journal and its quarterly newsletter, the Resolver, as well as access to its international library and branch libraries.

The qualifications being statements of expertise are also of immense benefits in the development of one’s career.

We appreciate the role our young members play and the need to ensure a continuous pool of quality arbitrators. The young generation needs to be encouraged and mentored. We have a mentoring program targeted at our young members.

In some instances parties are unaware of how to arbitrate or who to appoint as arbitrators. The Chartered Institute of Arbitrators Nigeria Branch has model arbitration clauses that can be tailored to specific contracts. The Institute also offers dispute appointment services thereby appointing arbitrators and mediators for disputants from its pool of highly trained and suitably qualified Arbitrators and ADR practitioners.

We understand that arbitral organisations offer dispute resolution at low costs, yet the general perception is that arbitration is very expensive. While large corporations may be able to absorb the cost and thereby benefit from arbitration, how can small businesses benefit from arbitration and alternative dispute resolution?

Firstly, mediation can be said to be even more cost effective than arbitration. Mediation is a non-judicial process in which an independent and impartial third party assists the parties to resolve their disputes. Mediation can effectively resolve a dispute within a relatively short time in situations where parties take part in the process in good faith. The multi-tiered dispute resolution clause which stipulates negotiations and mediation as prior steps to arbitration can help to save the costs and expenses of arbitration. Furthermore, the Institute’s business arbitration scheme has been developed by the Chartered Institute to provide simple, cost effective and timely resolution of disputes of low to medium monetary value before a sole arbitrator. The scheme has specified timelines, a relatively short period within which the whole process is completed and the arbitrator is expected to adopt the simplest procedure tailored to match the dispute in process. This scheme is particularly attractive for small businesses and we encourage all small businesses to contact our schemes committee with a view to keying into the scheme.

For the international business community, foreign investors and large corporations, though arbitration may be far more expensive than the relatively low cost judicial system, a foreign investor weighs the benefits of a more expensive process in favour of the advantages of having the autonomy of its own privately chosen judge, the flexibility of the process, the applicability of international instruments and guidelines transcending national barriers and the ease of enforcement (without the need for registration) through the application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention 1958).

There has been some tension in Nigeria between the different arms of government, What role, if any, do you think ADR can play in situations such as this?

We have three arms of government, the Executive, the Legislature and the Judiciary. A situation whereby there is tension between the three arms is not good for our country.

A situation where battles are being fought on the pages of newspapers and different conclusions are being reached by the citizenry (tipping on one side or the other), some of these persons who are neither members of the executive, legislature nor the judiciary, do not even understand the nature of governance, the working of government nor the strength derived from having strong independent and transparent institutions to the growth, stability and economic prosperity of a nation. Alternative Dispute resolution encourages face to face discussions. Face to face discussions create the opportunity for constructive discourse. The independence of the three arms of government or the separation of powers does not preclude direct discussions and dialogue between the three arms as a means to achieve identified and laid down objectives. My take is that ADR can be an effective tool in this situation. Disputes and differences are bound to arise but capacity building on the techniques of dispute avoidance and dispute management can be effective. At the international level alternative resolution including mediation and Good offices have been used to resolve various disputes and differences. There are many respected Nigerians with a genuine belief in project Nigeria who can use their Good Offices to douse tension between the different arms of government and encourage the achievement of targeted and identified objectives.

Recently the Chartered Institute of Arbitrators Headquartered in the United Kingdom launched the All-Party Parliamentary Group on Alternative Dispute Resolution in the UK. The group acts as a leading voice for ADR in the UK Parliament, to encourage the wider use of ADR and alternatives to court in the public interest. Our legislature can also borrow from this.

It would appear that there is a proliferation of arbitral organisations. What is the inter- relationship between the Chartered Institute and other arbitral institutions?

The Chartered Institute collaborates with other institutions in the furtherance of its objectives. The Institute is not in competition with any other body. Our focus is on education, training and ethics. Strong arbitral institutions have a role to play in the development of alternative dispute resolution, particularly within our continent Africa, where there is still a lot to be done. Despite the fact that alternative dispute resolution is the traditional means of resolving disputes in Africa, the Western world is credited with having raised alternative dispute resolution as a critical tool for resolving international business/investment

COVER/9 disputes. They quickly realised the confidence investors derive from the availability of neutral venues for resolving disputes outside the respective venues of the contractual parties, the preference for resolving disputes outside the courts of their contracting partners or host states and quickly put up the structures which enabled the development of successful seats of arbitration such as London, New York, Geneva, Paris, Hong Kong and more recently Singapore. African governments are still relatively yet to appreciate the potential economic benefits of gaining international acceptance as a successful place of arbitration. Arbitral organisations do need the support of government to grow.

What will you say the benefits of ADR are?

Firstly, the benefits of the availability of effective alternative means of resolving disputes outside the court system can be examined from different perspectives. Looking at it from the point of view of economic development, an investor is more attracted to doing business in a country that has a globally accepted system for the resolution of disputes outside the court system, one that has a strong, independent and transparent judiciary. Then looking at it from the perspective of developing into an attractive place for alternative dispute resolution activities, there are invisible earnings which also accrue to the country’s coffers. All countries that are serious with their economic reform process and those which quickly emerged from economic crisis or stagnancy came to this realisation and took active steps for example China and Singapore. Today China is regarded as one of the world’s fastest growing economies. A World Bank report once referred to China’s story as fascinating. China focused on four key areas; foreign trade, foreign investment, intellectual property protection and dispute resolution. The World Bank doing business report 2016 ranked Singapore as the easiest country in which to do business, in the world.

Singapore’s extensive arbitration and mediation centres and its commercial court has contributed immensely to the country’s development as an international hub for dispute resolution and aided its aggressive and successful pursuit of foreign investment.

The World Bank doing business report 2016 stated that it

"THERE ARE STILL SOME PROFESSIONS THAT ARE UNDER-REPRESENTED PARTICULARLY IN NIGERIA AND IT’S OUR VISION TO BRING ALL SUCH PROFESSIONS INTO OUR FOLD. DISPUTES ARE INEVITABLE IN EVERY HUMAN INTERACTION AND ALTERNATIVE DISPUTE RESOLUTION HAS THE ADVANTAGE OF ENABLING DISPUTE RESOLUTION BY THOSE WITH SPECIALISED KNOWLEDGE IN THE FIELD"

was more difficult to do business in Nigeria in 2016 and that our country remains one of the poorest business destinations in the world. Discussions on removing this perception without paying serious attention to ensuring the viability of an appropriate legal framework and infrastructure for arbitration and alternative dispute resolution will not achieve the needed objective.

What steps do you suggest should be taken to improve Nigeria’s profile in the field of arbitration and alternative dispute resolution?

Firstly, there should be a thorough forensic audit of all factors and laws militating against the practice of arbitration and alternative dispute resolution in Nigeria, as well as the recognition and enforcements of awards. I will mention a few; We have some obsolete arbitration laws on our statute books including the Ordinance based arbitration laws based on the 1914 Arbitration Ordinance and which in turn was based on the 1889 English Arbitration Act. Sadly some of our states retain these laws on their statute books. The Arbitration and Conciliation Act is also obsolete. The Act was passed in 1988 and is a modification of the 1985 UNCITRAL (United Nations Commission on International Trade Law) Model Law and 1976 UNCITRAL Arbitration Rules. Both the UNCITRAL Model Law 1985 and the 1976 Arbitration Rules have been amended pursuant to extensive deliberations at the United Nations Commission on International Trade Law. In 2006 the United Nations recommended to all states by resolution 61/33 of 18th of December 2006 to give due consideration to the amended Model Law in view of the desirability of uniformity of the law of arbitral procedures and the special needs of international commercial arbitration practice. In 2010 the UNCITRAL Arbitration Rules replaced the 1976 Arbitration Rules. The only state in Nigeria which appears to be aware of the importance of up-to-date arbitration laws appears to be Lagos State.

Furthermore, serious attention needs to be paid to the need to ensure that our court system is more expeditious, we have a situation where arbitration matters are being locked up in the court system for many years, due to the congestion in our court system. In a case before the English courts which involved the enforcement of an arbitral award made in Nigeria, a celebrated Nigerian jurist gave evidence before the English court that the wheels of justice grinds very slowly in Nigeria.

That statement can only discourage a serious foreign investor. The Nigerian situation is not unusual, what is unusual is our response to it. Let us learn from other jurisdictions.

The Mauritian arbitration law is based on the UNCITRAL Model Law adopted in 1985 but as amended in 2006. The Supreme Court International Arbitration Claims Rules 2013 were adopted in June 2013 and provides for a detailed and clear set of procedures drafted with the aim of being practical and readily usable. In Mauritius there is a special panel of six Judges to hear arbitration proceedings and special rules for arbitration applications, a detailed and clear set of procedures of bespoke rules. The Mauritius Supreme Court has come out very clearly in support of arbitration, in its interpretation of its good and modern arbitration law. The Singaporean government was instrumental in promoting Singapore as a favourable place for arbitration. The Singaporean Government in a bid to improve its business environment placed emphasis on making Singapore an international arbitration hub. Recognising the need for good infrastructure and facilities, the government invested in a world-class dispute resolution facility for arbitration. Today we see Singapore being listed with New York, London, Paris and Geneva. Singapore’s growth was not accidental nor by chance but was through its gradually gaining the confidence of foreign investors through conscious, timely and planned interventions. Some 28 years ago, the Singapore Courts in interpreting the Legal Profession Act had in the case of Turner (East Asia) Pte Ltd v Builders Federal (Hong Kong) Ltd & Anor [1988] SLR 1037, the Singaporean High Court granted an injunction ordering lawyers from Debevoise & Plimpton from acting or appearing as counsel for the respondents in a Singapore-seated arbitration. The exparte injunction was obtained from the High court restraining foreign lawyers from appearing in the arbitration on the basis that their appearance would contravene the Legal Profession Act. The Law Society of Singapore supported the application. The Court held that any common law right, to retain in arbitration proceedings whomsoever a party desires, had in Singapore been “taken away by the Legal Profession Act.” As to be expected, the decision was not well received by the international arbitration community. The consensus was that Singapore was not an attractive seat for international arbitration.

Decisive and expeditious action was taken in Singapore. The key stakeholders rose to the challenge and a Legal Services Working Group was set up to review and make recommendations on the promotion of Singapore as a Regional Alternative Dispute Resolution Centre among other terms of reference.

Parliament stepped in. The Legal Profession Act in 1992 was amended to permit foreign lawyers to appear in arbitrations where the applicable law was not Singapore law. In 2004, the Act was further amended to expressly permit foreign lawyers to represent parties in Singapore arbitration.

During our London Centenary Conference held on the 2 July 2015, our Patron, Honourable Chief Justice Sundaresh Menon stated thus: ‘The existence in Singapore of laws that augment the practice and conduct of arbitration, an independent judiciary experienced in and respectful of fundamental precepts of international arbitration, freedom of choice in representation, purpose-built first-in-class dispute resolution facilities, and a staunch adherence to international treaties designed to sustain an international

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08.11.2016

‘PORT HARCOURT ARBITRATION CONFERENCE WILL CHART NEW FRONTIERS’ system of arbitration, can be observed in the arbitration eco-systems of London, Geneva, Paris, Hong Kong, and elsewhere... Building a successful arbitral seat is therefore a conscious, deliberate, and ongoing project.’

I could not agree more. The three arms of government and all stakeholders in Nigeria need to key into this vision.

What role do other stakeholders have to play in this project of enhancing Nigeria in the field of arbitration and alternative dispute resolution?

Heads of courts in Nigeria should seriously look into the court rules with a view to having special rules for arbitration applications. In this regard some steps have been taken in the Lagos State Arbitration Law which provides for special rules for arbitration applications.

Arbitration applications before the courts currently go through the three tier appellate system, High Court to Court of Appeal to Supreme Court. Time has come for us to seriously think of constitutional amendments that will limit the right of appeal in arbitration matters, time has come for us to consider having specialised courts to hear arbitration applications. Some African countries; Kenya, Uganda and Rwanda have established commercial divisions in their court systems for referral of arbitration issues.

Expertise is being developed within the court system on arbitration matters.

We must commend the establishment of Multi-Door Courthouses by various state judiciaries and the emphasis on case management largely premised on the work of Lord Woolf in England and again pioneered in Lagos state.

The Chartered Institute is presently playing a pivotal role in advocating for the reform of Nigeria’s arbitration law and we hope that when the time comes, our legislature will take urgent necessary action. I must say that the legislature have had a listening ear to our views advocating that certain bills which will not only militate against the practice of arbitration in Nigeria, but also bring Nigeria to disrepute within the global arbitration community should not be passed into law.

You were recently elected as the Chairperson of the Chartered Institute of Arbitrators Nigeria Branch. Can you tell us about your role in this regard and your route to this position?

Yes indeed my role can only be understood within the context of the organisation I serve, the Nigerian Branch of an international dispute resolution organisation, founded in United Kingdom in 1915. The mandate of the Executive Committee which I chair, is to work towards actualising the vision of our reputable organisation, so aptly described as the internationally recognised home for dispute resolvers. The Institute’s vision and pillars of strategy include promoting access to non-court dispute resolution; education, training and professional qualification; the development of Rules, Ethics and Guidance to members, academic and professional resources and global community. The golden thread of the Institute’s objectives is the delivery of education, training and qualification, the development of the learned society and the facilitation of ADR. We are committed to applying the strategy of the Institute in the achievement of our objective.

My route to being elected chairperson is of service. I am one of the founding members of the Nigerian Branch. In accordance with its regulations, a number of meetings had to be held before the Headquarters could confer us with Branch Status. We held these meetings and were granted Branch Status in 1999. The first chairperson was the late Hon. Justice Olakunle Orojo, Chief Mrs. Tinuade Oyekunle followed. Other Chairpersons have been Chief Bayo Ojo SAN, Mrs. Funke Adekoya SAN, Mr. Babajide Ogundipe and Mr. Dele Belgore SAN. I have served the Institute in various capacities, including heading committees prior to being elected Chairperson in 2016. I was the Hon. Treasurer [2003-2009], 3rd Vice-Chairman [2009-2011], 2nd Vice Chairman [2011-2013] and 1st Vice Chairman [2013- April 2016].

You have over 30 years’ experience as a lawyer. Tell us about your early career before breaking into the ADR field.

Yes, I was called to the Bar in 1981 after my course of study at the University of Lagos.

I come from a legal family and learnt a lot from my father Chief Lekan Akande before he passed on. After my stint during my NYSC in a multi-national oil company, Nigerian Agip Oil Company, I joined the Law firm of Gani Fawehinmi & Co. where I was briefly before I joined the Lagos State Ministry of Justice

as a State counsel. I consider the Ministry as a very good training ground. Working with Gani Fawehinmi was a very effective way of being catapulted into the rigours of the legal profession. He worked tirelessly and there was a lot to learn from him.

I have been in the law for over three decades.

I have not engaged in any other profession or business. In the early stages of my career, I came across many contracts which provided for arbitration as the mode of dispute resolution and so I began to read up on arbitration and alternative dispute resolution (ADR).

Coincidentally the United Nations Centre on Transnational Corporations (UNCTC) was also doing a lot of capacity building in African Countries through trainings and conferences around the same time so I was exposed to courses where arbitration was a key component of the curriculum.

After a considerable amount of training and work, I applied and was admitted to the Chartered Institute as an Associate member.

During the same period (1995 or thereabouts).

In 1998, I received my first appointment as an arbitrator in an arbitration involving a multi- national oil corporation.

You were the President of the Maritime Arbitrators Association of Nigeria, what was the motivating factor for the establishment of the association and has it achieved its objectives?

The Maritime Arbitrators Association of Nigeria (MAAN) was founded in 2005 out of the need to develop expertise in Nigeria, in the field of maritime arbitration and to position Nigeria as an appropriate venue for maritime arbitration.

The Association was co-founded by other professionals, who had developed expertise in commercial and maritime arbitration. We were motivated by various factors including the high level of 'Nigerian' disputes which were taken out of Nigerian shores for settlement and at huge financial costs - invariably disputes that could otherwise have been settled in Nigeria.

There were also domestic maritime disputes which could otherwise have been settled by arbitration and ADR, which happened to be locked up in the Nigerian Court system. We were driven by our passion to develop capacity in the field of alternative means of resolving maritime disputes in Nigeria.

Being the Chairperson of the Chartered Institute of Arbitrators Nigeria Branch and a foremost Arbitrator, what factors do you consider as militating against the growth of Arbitration in Nigeria and Africa generally?

Apart from the legal framework which I have mentioned earlier, another major factor militating against the growth of arbitration in Nigeria is the litigious mindset of disputants.

Arbitration is often times viewed as a first step to litigation. Some disputants rush to court to challenge arbitration agreements or the process, even where the arbitration agreement is unambiguous and the resultant Award complies with all known criteria. Statutorily awards are not appealable, but can only be set aside on certain limited grounds. It is necessary that the legal system retains the mechanism for filtering awards that don’t comply with accepted standards and laid down criteria, but there should be more concerted efforts to ensure the expeditious hearing of arbitration

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"THE WAY WE TREAT OUR INTERNALLY DISPLACED PERSONS IS ONLY REFLECTIVE OF THE MALAISE IN OUR SOCIETY. PROBLEMS IN THE CAMP, FROM WHAT I HAVE BEEN READING, IS NOT ONLY RESTRICTED TO RAPE AND SEXUAL ABUSE. CONCERNS HAVE BEEN RAISED ABOUT THE STANDARDS OF NUTRITION, THE AVAILABILITY OF PSYCHOSOCIAL SUPPORT, THE AVAILABILITY OF EDUCATIONAL PROGRAMS. I DON’T THINK WE SHOULD LEAVE THE TASK TO GOVERNMENT ALONE" matters when they come before the courts.

Presently, it can take several years before the challenge procedures are exhausted. This effectively traps arbitration matters in the court systems, the very courts the parties sought to avoid by stipulating an arbitration clause, thus defeating the parties wish for timely dispute resolution.

African lawyers and arbitrators must ensure that they are trained to international standards and attain international exposure on best practices. African businesses, international arbitral organisations must appreciate that there are various well trained African arbitrators, in order to address the questions of African under-representation in arbitration. African governments must address issues of safety and security concerns, in order to make their countries attractive for international visitors.

Africa needs to have more flight connectivity and ensure ease in visa procedures. Unfair prejudices against Africans should stop whilst we ourselves should project Africa in a positive light. An arbitrator is like an ambassador for his or her country. We have highly-skilled and experienced arbitrators in Nigeria who can hold their own in any part of the world and arbitration institutions that can administer arbitrations successfully.

Tell us about the highlights of your 2016 conference?

The theme of our 2016 conference is Emerging New Frontiers in ADR. There are new variants of disputes, downturn in the oil and gas industry with potential for breach of contractual agreements, effects of globalisation of markets, developments consequent upon internet use, online dispute resolution. Practices that were hitherto unknown, such as third party funding which is generating quite a lot of debate worldwide. The essence of our conference is for us to debate and discuss these new frontiers, to assess whether or not we are meeting user expectations. Any organisation that wishes to remain relevant must have the capability to keep up with developments, assess its effectiveness and where necessary, come up with solutions to

meet its user’s expectations in line with global best practices. We have sessions on emergency arbitrator proceedings; third party funding; effects of modern technology/innovation and Nollywood disputes, the role of mediators in modern forms of disputes: terrorism and insurgency. As always, our young members will be happy to know that there is a special interactive session for them.

Our organising committee was able to assemble the very best in the respective fields.

Men and women who have distinguished themselves in their various fields and who will no doubt bring in diverse perspectives from their various industry and experience.

It promises to be a good conference.

You have recently authored a book published by Lexis Nexis; 'Commercial Arbitration Law and Practice in Nigeria through the Cases'. What motivated you to write the book and what are its highlights?

The book is my contribution to legal jurisprudence in the field of commercial arbitration. It is my hope that it will encourage law reform where necessary, and the repeal of all obsolete arbitration laws in Nigeria. The book is a useful reference guide to all desiring knowledge in the field and an aid to research. I also hope it will enlighten people outside Nigeria that our arbitration landscape is not as frightful as negative perceptions about Africa may have engendered.

Recently, there has been an outcry against the rape and sexual abuse of females in the IDP Camps in Northern Nigeria. What steps do you think that the Government can take to stop it?

The way we treat our internally displaced persons is only reflective of the malaise in our society. Problems in the camp, from what I have been reading, is not only restricted to rape and sexual abuse. Concerns have been raised about the standards of nutrition, the availability of psychosocial support, the availability of educational programs. I don’t think we should leave the task to government alone. There should be closer involvement of credible non- governmental organisations and foundations in the running of the camps.

Abroad various non-governmental organisations/foundations would step into situations such as this. Our churches and other religious organisations ought to also step in. Viable non-governmental organisations who are able to vet their employees, lay down standards, put in place protocols and ensure that people working in the camps are held accountable for their actions or non- actions should step in to work with government and assist in the task to ensure that our internally displaced persons who have already gone through so much trauma, are not subject to further de-humanisation.

This should be a collaborative effort between government and these other institutions. There should be a proper monitoring team set up, periodic and constant inspections and laid down effective and appropriate sanctions against lapses.

Thegeneralconceptionisthatwomenhaveahardtimestayingonintheircareerdueto various demands on their time, how have you been able to hold your own thus far?

I attribute where I am today first and foremost to the mercies of my Lord, my God. I have strived to remain focused despite any odds, I am dedicated to what I do and I work very hard. God has blessed me with a supportive and understanding husband. In the work place I have an excellent team.

What role do you think ADR and the Chartered Institute of Arbitrators Nigeria Branch can do to assist Government in securing the release of the remaining Chibok girls from their Boko Haram Captors? Why was your Institute not a part of the negotiations for the release of the first set of girls?

Our Institute has well trained Negotiators and Mediators amongst our membership whose skills can be deployed in all manner of situations. A trained and good mediator is skilled in the art of deploying various techniques and tools including reality testing, assisting parties to overcome emotional deadlock, working with the parties on risk assessment and re- assessment. Our trained mediators are skilled in establishing rapport with the parties and have a track record of gaining the trust of the parties. If called upon, we will be happy to make available our list of negotiators and mediators who are versed in conflict negotiation and mediation. Our Institute has an excellent mediation training program.

08.11.2016

/11

Citizenry Decries Non-Funding of Offices of Nigeria’s Public Complaints Commission Akinwale Akintunde Nigerians have decried the non-funding of the Offices of Nigeria’s ombudsman, the Public Complaints Commission (PCC) by the Federal Government.

They said the lack of funding has greatly affected the mandate of the commission, which was created to address complaints by aggrieved citizens or residents in Nigeria.

One of such Nigerians is Dr. Lai Banwo, whose complaint to the commission has lasted for over nine months without any reasonable response from the commission, due to lack of funding.

Dr. Banwo, alleged that the PCC has suspended his complaint against the Bank of Industry, which he filed since February 2015.

According to him, he took his case against Bank of Industry to PCC believing the commission would play the role of an Alternative Dispute Resolution body.

"Our case is about how our company spent more than N13,500,000 to secure

a N47,700,000 facility spanning over a period of three and a half years and still never got the approved facility disbursed.

The bank has never been able to give any definite reason for their actions. We also reported the corrupt practices of the bank officials."

"The suspension of our case which we filed in February 2015 started from the beginning. Nothing was done on our case by the commission until July 2015 - not even an acknowledgment of our petition.

It took a lot of pressure from us to get the investigating officer to act on it", Dr. Banwo stated.

According to him, the commission later set up a panel headed by the Director of Investigation and several meetings called for all parties.

"We met on the 28th October, 2015 at the BOI Ikeja office and reached an agreement which was brought back to your panel headed by your Director of Investigation.

We believe that the agreement was an amicable settlement of the dispute. While we kept our part of the agreement, BOI

again violated it in its entirety."

Dr. Banwo stated that following BOI's violation of the said agreement, the Federal Public Complaints Commissioner in charge of Lagos State, Mr. Funso Olukoga, invited both parties to his office for a hearing which took place on February 4, 2016, adding that when BOI still couldn't agree with the settlement terms, Mr. Olukoga promised to do a report within three weeks from that date, but till now no report has been done to that effect.

"It is now more than twenty-five weeks you promised to produce your reports. This delay in doing justice to this matter, we view as denial of justice.

Your commission is clearly saying that reporting cases to it is a waste of time.

This can only encourage the management of BOI to remain irredeemably corrupt and encourage people to resort to self help which will do this society no good.

It is hoped that the right thing will be done immediately", Dr. Banwo stated.

But when contacted on phone as to why the said report has not been avail-

able, the Federal Public Complaints Commissioner in charge of Lagos State, Olukoga, attributed the delay to lack of funding by the Federal Government to the commission.

Olukoga said the non-funding of the commission has affected so many things including workers' salaries and such reports like that of Dr. Banwo are very sensitive materials and needed to be treated confidentially.

He said the commission has for almost a year battled neglect by government, resulting in poorly paid salaries.

"Most of the Reports are ready, I have written them including that of Dr. Banwo, but my staff are on strike, our machines have all broken down and I cannot continue to use my money to run the office. Even if I want to use my money, such reports cannot be typed or printed outside because they are confidential", he said.

It would be recalled that PCC offices nationwide were recently shut down because the commission could not pay full salaries of its workers.

Legal Personality of the Week Nathaniel Ngwu

‘Every Lawyer must Read and Devote Time for Research’ I am Nathaniel Ngwu from Ezeagu Local Government Area of Enugu State. I was admitted to study law in 1998, graduated in 2003 and thereafter called to the Nigerian Bar after a prolonged wait for the Nigeria Law School form which was politicised by the then State government and the few forms sent to the university was shared through the Government House, Enugu State. I am a Notary Public of the Federal Republic of Nigeria and a Professional Mediator/Conciliator (PNM) with expertise in Criminal Justice Reform, Litigation, Legislative Advocacy, Human Rights, Community Development, Alternative Dispute Resolution (ADR), and Public Policy Advocacy. I have achieved some notable success in shaping Nigerian jurisprudence and assisting victims of human rights violations through human rights litigation/advocacy as shown in a number of cases and human rights projects I have handled. I am part of the team that is championing the course for abolition of death penalty in Nigeria. In 2007, I worked with Community Law and Development Centre based in Kaduna State, Nigeria where I set up community development mechanisms and human rights clubs in government owned institutions and also as a Partner with Success Chambers, Kafanchan Kaduna State. Before I relocated from Kaduna State to Lagos, I was the Public Relation Officer of the Nigerian Bar Association Kafanchan Branch, Kaduna State. I also work with Legal Resources Papp Consortium, a public interest law centre set up to provide leadership in advancing the rule of law in public policy, using law, including international law, as a tool for ensuring accountable governance, addressing poverty, and empowering local communities. I contributed in providing legislative support to members of the National Assembly in drafting a number of Bills before the National Assembly. These include- National Human Rights Commission Act Amendment Bill, the Prisons Bill, the Anti- Discrimination Bill, etc. My prisons interventions include coordinating both government and non-government organisations in prisons interventions. I have handled cases on civil and political rights, criminal trials, legal and human rights issues on liberty, security, torture, death penalty, illegal detentions, fair hearing etc. Currently, I am among the Human Rights Experts in Africa who are leading the

other issues of law, like the commercial or property laws. The worry mostly is that, these judges exhaust all their time in handwriting of proceedings during court’s sessions, that they have little or no time to rest not to talk of the time for a colloquium on issues of human rights programmes. Recently, a ruling on a case of prolonged detention of some Awaiting Trial Inmates who had been in prison custody for over 2-13 years respectively was delivered by a Judge. And by the ruling you would deduced that the Judge completely lacks the knowledge of the application of human rights laws; where he denied the applicants fundamental rights of enforcement.

Nathaniel Ngwu

course for criminalisation of Torture in Africa through legal framework.

Have you had any challenges in your career as a lawyer and if so what were the main challenges?

What could be challenging to any lawyer include delay in filing process, assigning to courts and hearing of cases. For instance, it is frustrating to file a process and it takes over a year for the matter to be assigned to a court or listed in a cause list for adjudication. Even when it is assigned to a court, it would take one to two years or even more, for the matter to be finally determined by the court. Although, presently, it seems that there is a little improvement in the process of filing matters in the courts. These days case files get to the courts within few weeks of filing the process, particularly if the proof of service is in the court’s file. The Judges are also improving in hearing the cases and delivery of judgement within time, than what it used to be in the past.

Another area of concern to me is how to assist the judges in advancing their knowledge in the area of application of human rights instruments. It worries me that, some judges view human rights issues before them as

What was your worst day as a lawyer?

A day that I won a case for the release of a poor young man incarcerated at Ikoyi prison Lagos. I did the case pro bono. I got out of court and on my way to my office by Ikeja under the bridge, my mobile phone and transportation fare were stolen by a roadside pick pocket. I nearly regretted being a human rights lawyer, who does free legal representation for the indigent people.

What was your most memorable experience?

It was the day that the court declared death penalty mode of execution either by hanging or by firing squad unconstitutional as contrary to section 34 of the 1999 Constitution. This case was like a baby to me as it was the first case I handled while with the Legal Resources Consortium. The lead Counsel then was N.I Quakers S.A.N who led the team till conclusion of the case at the High Court of Lagos State before Hon. Justice Olokoba.

Mon 29 June 2012.

Who has been most influential in your life?

My Dad had a very great impact in my life. He taught me how to face challenges with ease and determination.

I would also say that I have learnt a lot from Mr. Olawale Fapohunda the former Ekiti State Attorney-General and Commissioner for Justice, the Managing Partner of the Legal Resources Consortium in responding to issues of law and human rights with dispatch, particularly in human rights advocacy.

Why did you become a lawyer?

The journey to the law profession began in my secondary school days. I wanted to be a medical doctor and so I devoted more of my interest to science subjects including mathematics. But approaching the time for subject selection in my SS2 I had to consult my Dad. He explained to me that though being a medical doctor was good, my community needed an advocate, who would help to advocate for their rights to development and participation in government. He advised that being a lawyer would enable me to defend the less privileged and people who cannot speak for their rights. But during my time in university, I discovered and met with one of our village men who just graduated from Enugu State University of Science and Technology (ESUT).

I became a lawyer to serve humanity and to be the peoples’ advocate, promoting justice, human rights and development to mankind.

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

If you listen to the video clip of my Call to Bar, I said that law profession is not a course to be studied with laxity. You must be ready to read and devote time for research, if you want to make it in the profession. And even when you become a lawyer, you are expected to know it all in terms of knowing where to get the answer to every issue brought to you.

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

Obviously, I wouldn’t want to be in any other profession, since my experience and practice of law. But earlier in life, that is down to my secondary school days I wanted to be a medical doctor, which I know I would have regretted by now.

Where do you see yourself in ten years?

In 2009, my partnered organisation in London asked me the same question and my response was that, I want to be a leading voice in human rights advocacy, while coordinating human rights coalitions in pursuing human rights issues in Africa. Presently, I see my self in that line up and in the next 10 years from now I want to advance the course of human rights from Africa to the international fora.

12/TRIBUTES

08.11.2016

In Memory of a Quintessential Jurist, Justice Ayorinde, Former Oyo State CJ Peter Fowoyo

T

he current affairs in Nigeria with respect to the Nigerian Judiciary have prompted this Memorial on the 5th Anniversary of the passing of this eminent and courageous jurist. The former Chief Judge of Oyo State, Justice Timothy Adebayo Ayorinde died on November 13th, 2011. He was born on June 4th, 1932.

He had a deep religious background, which was later to play a great role in his life when he served as the Chancellor of the Diocese of the Ibadan Anglican Communion for about 12 years. His early education was at St. James Cathedral School in Ibadan and the Ibadan Grammar School.

On what motivated him to study law, in his book titled “Threat to the Rule of Law” which is quoted extensively in this Article, he said: “I had the golden opportunity to work in the Chief Secretary’s office in the Secretariat at Lagos immediately after leaving secondary school. I was in the Civil Service Commission Registry of the office in the brick building facing the Marina in Lagos from January 1952 to August 1954. The Civil Service Commission Registry was on the ground floor.

Immediately above the Registry was the Legal Department in which were inspiring and admirable gentlemen like the late Atanda Fatayi-Williams (as he then was). We saw them going to courts in the mornings in their black jackets on top of their trousers. Under the black jackets were their sparkling white shirts, collars and sparkling white bibs dancing to the breeze from the lagoon stretching along Marina. By this time I had made up my mind to be a lawyer.”

Justice Ayorinde was educated at the Kensington College of Commerce and Law in the South East of London and the University of London from 1955-1956 as an external student. He joined the London School of Economics and Political Science as a full time student from September 1956 to November 1959. On November 24, 1959 he was called to the English Bar at the Middle Temple and later bagged a Masters Degree in Law at the same London School of Economics and Political Science.

Justice Ayorinde started his legal career at the Ministry of Justice in the defunct Western Region of Nigeria. He was a State Counsel, Director of Public Prosecutions and later Solicitor-General and Permanent Secretary.

He was sworn in as a Judge of the High Court of Justice of the Old Oyo State in November 1977. He became the Chief Judge of Oyo State in 1991. He was courageous on the bench and stood firm even where the Government of the day did not like his decisions.

The late Hon. Justice Timothy Adebayo Adediran Ayorinde

An interesting case was that of the University of Ibadan student’s case whom he admitted to bail for alleged acts of looting and damaging of property. The students of the university were holding protest demonstrations against the university's Vice-Chancellor. During the period of the demonstrations, the university authorities were said to have called in the police. When the police came in, they arrested many persons on the campus consequent upon the information they had. The arrested students were later charged to the Chief Magistrate’s Court, Ibadan, on what was said to be a holding charge. The suspects applied to the court for bail but the learned Chief Magistrate refused to grant them bail on the ground that the investigation by the police had not been completed.

The suspects later brought the matter to the High Court on many grounds. The relevant ground for the present consideration, being that there was nothing known as a holding charge.

The case was about the first major judicial pronouncement on the illegality of the notorious “holding charge” which was being used to detain suspects without charging them to competent Courts. Honourable Justice Ayorinde subsequently quashed the remand orders against the students. The decision did not go down well

with the then Commissioner of Police who withdrew his police orderly. He wrote in his book about this incident as follows: “My Chief Judge then was the late Justice O. Fakayode, a brave and courageous judge, a jurist of repute whom I was very proud of. He ordered that all the police orderlies of the other High Court Judges should leave the High Court Premises. The matter was however resolved by the then Inspector General of Police, Mr. Sunday Adewusi.

The significance of this case is still very apt today and one wonders why persons suspected of crime are still being detained while investigations are then said to be on-going and the suspects remain in custody without being charged to Court. While the Law provides for investigation, arrest and then proffering of charges, the unfortunate order of the day now is arrest, detain and then begin or continue investigation, while the suspect remains in custody.

Putting his thoughts further in his book he posited that while Judges's should not be blamed for visiting breaches of the law with appropriate sanctions according to law, the Judges themselves were admonished in the following words: “The standards of behaviour required by the law should always be upheld by the Courts. Judges must not abdicate their duties in order to be good jolly fellows at eating and drinking gatherings or at any other place. I was amused a few years ago when I was told I was not sociable and would always be in trouble with the politicians. I believe a good judge should keep away from socialising with any persons but with very few persons of his social standing and orientation. We must show our fellowmen by our decisions and behaviours how to behave according to law to achieve peace, order and good government.

This is how Judges can get over their trials successfully and be seen to be discharged and acquitted by civilised people.”

Justice Ayorinde, was married to his dear wife for about 50 years and three of his children are lawyers including a Senior Advocate of Nigeria. He was an advocate of strict adherence to the Rule of Law and the democratic process. He was also blessed with 3 other children amongst who is an Engineer, a medical doctor and a Brands Executive who have all greatly succeeded in their chosen fields of endeavour.

He constantly encouraged Judges to stand firm and even decide against the government of the day where necessary, even at a personal risk of incurring the wrath of the powers that be.

May the gentle soul of the courageous Jurist continue to Rest in Peace.

Peter Fowoyo, Chairman, National Association of Judiciary Correspondents (NAJUC), Lagos Branch

‘The Poor Man’s Lawyer’ and ‘The Father of Legal Aid in Nigeria,’ Chief Dr. Chimezie Ikeazor, SAN Uju Ikeazor

I

t’s been four years now that you departed this mortal world. How time flies!

I remember with nostalgia some of your landmark contributions in the advancement and development of law and jurisprudence in Nigeria, most especially when you single handedly founded and funded Free Legal Aid for the Poor in Nigeria in the early seventies... It was a dream come true for you and a legacy to behold.

By this singular act, you touched the lives of many born and yet unborn, and then confidently wrote your name in the annals of history in Nigeria.

In your life time, you were recognised as the “Father of Legal Aid in Nigeria”. You were a social crusader and defender of the poor.

Your commitment to the underprivileged was total and absolute. You, in fact touched the lives of many and still touch many lives through the Legal Aid Council which you founded.

I recollect that Hon. Justice Dahiru Musdapher, GCON, former Chief Justice of Nigeria in a tribute he wrote to you had this to say: ".... His personal sacrifice and generosity funded the Legal aid ASSOCIATION for many years. His convictions, sacrifices and dogged persistence were awe inspiring and not only culminated in the adoption of the LEGAL AID SCHEME as a parastatal in the Federal Ministry

of Justice, but also its inclusion in the constitution of Nigeria".

"Today, the scheme is ubiquitous with branches in all the States of the Federation, poor and indigent litigants, Nigerians and non-Nigerians alike, now enjoy the fruits of his labour. It remains a lasting legacy of his sacrifice. Good bye, HERO of the poor in Nigeria."

As an accomplished Legal Luminary you spent twenty six years of your practice in the inner bar as a Senior Advocate of Nigeria, SAN. I also recollect with nostalgia, the landmark and celebrated cases that you did.

At home and in the professional front, I constantly miss you - your professional advice in the area of law. It was an awesome experience practising with you. Your fatherly guidance in the home front, and most importantly the unassuming care and love you embodied.

Borrowing from your charismatic and charming life, we have found inspiration to live every day without worries.

Oboli, you left in our lives, a huge vacuum that cannot be filled.

You will always be remembered for many firsts but more for your sacrifices in “Pro bono” services and loyalty to the cause of building a great nation through the Legal Aid Council which you founded.

A rare breed you were, you gave voice to the voiceless and impacted your generation.

Rest on in the bosom of your Lord, your maker.

Your ever loving wife, Chief (Mrs) Uju Ikeazor (Legal Practitioner)

The late Chief Dr. Chimezie Ikeazor SAN

08.11.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

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

Dear Counsel, Your advice on this disturbing issue would be very much appreciated.

My 16 year old domestic house help was sexually violated on a couple of occasions by the electrician whom we allow into our home occasionally, to carry out electrical repairs in the house.

I only discovered recently when I got home and found my girl sobbing quietly in the kitchen. It took a wise and observant neighbour to persuade her to tell us the truth. We promptly reported to the police who ‘arrested’ the electrician. But on questioning at the police station, he claimed that my house help was his girlfriend and that he had been spending money buying her expensive gifts. Even when the girl insisted that he forcefully had sex with her under the staircase, and in the children’s room when no one was around. To our disappointment the police treated the whole affair with levity and allowed the man to go free on the same day.

Kindly, shed some light on this in relation to what constitutes rape.

B.O. (Mrs.) Dear Mrs. B.O., This is a very important issue, because rape has of recent assumed endemic proportions in Nigeria and many people (including the police) seem to be unaware of or nonchalant about the provisions of the law with regard to rape.

In layman’s terms, rape is sexual intercourse between a man and a woman or a girl against the will or consent of

the female partner.

Although your email did not state where you wrote from or where the incident complained about took place, Section 357 of the Criminal Code which applies to the Southern part of Nigeria states thus ‘Any person who has unlawful carnal knowledge of a woman or girl, without her consent or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or in the case of a married woman, by impersonating her husband, is guilty of an offence which is called rape.’

In the Northern part of Nigeria, it is defined under Section 282 of the Penal Code as ‘(1) A man is said to commit rape who ... has sexual intercourse with a woman in any of the following circumstances:- (a) against her will; (b) without her consent; (c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt; (d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is the man to whom she is or believes herself to be lawfully married; (e) with or without her consent when she is under fourteen years of age or of unsound mind.’

With these statutory provisions, it is clear that your house help was raped by the electrcian. Since the police ignorantly refused or neglected to take the right steps, my advice is that you write a petition to the Commissioner of Police of the State and this will compel the police to revisit and reopen the case, and conduct proper investigations.

Court Shorts Lawyer: Can you see him from where you are standing?

Witness: I can see his head.

Lawyer: Alright, where is his head?

Witness: Just above his shoulders.

••• Lawyer: And lastly, Gary, all your responses must be oral. Okay?

Lawyer: What school do you go to?

Gary: Oral.

Lawyer: How old are you?

Gary: Oral.

••• Lawyer: She had three children, right?

Jenny: Yes. Lawyer: How many were boys?

Jenny: None.

Lawyer: Were there girls?

••• A man convicted of robbery worked out a deal to pay $9600 in damages rather than serve a prison sentence. For payment, he provided the court a cheque -- a *forged* check. He got 10 years.

Dear Editor

RE: The Special Adviser’s Interview on the Judiciary Arrests Dear Editor, Thank you very much for your write-up on the above subject matter. All that you said about the Special Adviser to the Hon. Minister of Justice is correct on one hand and incorrect on the other hand. The man is not sycophantic as you labelled him, he is just overzealous and passionate and may l add that, he is excited that for the first time in Nigerian history, an institution that is as rotten as our own Judiciary is being taken on headlong. All Nigerians are also very excited.

Most of the Lawyers especially the Senior ones who have been romancing with Judges will not like such a man. To us the laymen, we are excited because at one time or the other, one relation or the other had suffered exceedingly from the Judiciary, by either the other side buying the Judge or Magistrate or by not getting a fair deal from the Judiciary in cases of their staff that were summarily dismissed without fair hearing. Judges are clannish and support each other through thick and thin. In Nigeria, this clannishness has been taken too far. It is evil.

The Chief Judge has already given a subtle warning to us Nigerians that no Judge will convict these recalcitrant/ corrupt Judges no matter what. Is that the type of utterance that should be coming out of the mouth of the Honourable

CJN. Can you imagine a Chief Judge in Britain or the US making such a pronouncement? People in those climes will boo them off their high horses. These are people who are supposed to have a grip on their emotions and put up a deadpan face in the presence of the most annoying provocation.

That is the true demeanour of a Judge. Have you heard any condemnation from the Bar on this very inappropriate utterance? This is impunity no more no less. The entire population of Nigeria does not support the bench and bar on these corrupt Judges and the entire saga of corruption in the Judiciary. It is stinking to high heaven.

It is a pity that Lawyers themselves who are supposed to be in favour of the law in the temple of justice are the ones trampling more on justice. This makes us the so called "unlearned people" shudder at the deceit of the wig and gown. A spade should be called a spade. The Judges putting forward excuses after the fact, are dancing to the suggestions from these same Senior Lawyers who have made getting justice a herculean task and an impossibility because of the inducements offered Judges. That is why some junior Lawyers are very bitter as they can no longer make it in life like Gani Fawehimi, Falanas etc who made it even when people like Rotimi Williams of blessed memory was already a juggernaut at the bar. The Judges should step

Dear Editor, I Just read your piece in today's edition of THIS DAY LAWYER. I write to express my contrary position to your assertion in the said article that allegations of bribery and corruption do not fit within the purview of S2(3) of the NSA Act. Judicial corruption is capable of destabilising the polity and thus create internal security challenges.

Where judges take bribe to suppress the popular vote, democracy itself is threatened and the Nation runs the risk that the people may rise up to challenge the State.

We saw this in 1983, when FEDECO re-wrote and colluded

with NPN to foist unpopular candidates on the people, especially in Oyo and Ondo States.

I posit that the question to ask is 'what constitutes internal security' and then situate these allegations within that definitive context and test whether or not the alleged acts could have posed a threat to National Security.

Macmillan defines National Security as "the protection or the safety of a country's secrets and its citizens" though there are many other definitions suffice to conclude that all envisage the maintenance of a STABLE Nation.

Owolabi Salami, Chief Responsibility Officer, Ensure Insurance Plc

aside until they are proven not guilty. They do not have any special immunity. They may be free now but the Almighty is watching them. A Judge will get double punishment in heaven because Judges are like god. They have the last say on life and death.

The Judiciary should put its house in order and this cannot be achieved if members of the bar speak not in a unison of condemnation but are speaking from both sides of the mouth.

We the ordinary Nigerians who have had upright Judges in our families are embarrassed by these crop of charlatans imposed on us through political patronage, especially the wives of politicians, friends of politicians and children of former Judges, who do not deserve to be in this hallowed chambers of Justice. Judges should be oriented on being incorruptible by taking them through the play - "The Incorruptible Judge"

by D. O Olagoke.

You also erred by not knowing the name and status of the Special Adviser to the Honourable Minister of Justice, his name is Mr. Obla Obla. I do not know him nor am l interested in knowing him. He is however a Nigerian. Please, do not allow your being annoyed at his presentation style next time be read from your presentation. It is just good enough that you have shown where he went wrong; but for you not to know his name and portfolio as a public figure especially a professional colleague is not good enough.

Professor Kate Nwufo, mni

Dear Prof Nwufo, My choosing not to mention any name or proper designation was not because I did not know the details of whom I was writing about. My piece was more about the content of his interview, not really about him. I did not want it to be too personal. I thank you and Mr Salami for your interesting contributions Editor

14/RIGHT OF REPLY

08.11.2016

Re: Worrisome Last week, we featured an article, "Worrisome", in which the author, Osita Ike, on October 27th, 2016, watched the live proceedings of the House of Representatives on NTA 2, in which a Bill calling for the implementation of the criminal aspects of Islamic Sharia Law at the Federal and State levels passed the second reading. Here are opinions given by some lawyers on this matter Abubakar Sani

I

t is understandable if non-Muslim Nigerians are alarmed by the reported move by the House of Representatives to extend Islamic Criminal or Shariah law from the sphere of family or marriage life of Muslims, to them. I would, however, advice them, both as lawyer and a Muslim, to resist a knee-jerk reaction of condemning it without knowing the full facts. Remember the scare about non-interest, presumably Islamic, banking? It was widely portrayed at the time as an attempt by the Muslim CBN Governor who proposed it, the present Emir of Kano, HRH Muhammad Sanusi II, to surreptitiously Islamise Nigeria. In the end, those fears proved unfounded and that model has been welcomed by even mainstream western-style banks in the country.

Frankly speaking, I don’t think the proposed amendment is anything to worry about. Amending the Constitution on an issue as sensitive as that, is no walk in the park. The last time I checked (Section 9(2) of the Constitution), such a bill needs to be passed by 2/3 majority of the National Assembly as well as the resolution of at least 2/3 of the 36 States, i.e., 23 states. There are 17 States in the South, some of which, like Lagos, Ogun, Osun and Oyo States even with large Muslim populations - are

Chinedu Ozobu

T

he alleged bill to amend the 1999 Constitution of the Federal Republic of Nigeria to make provisions for the full implementation of Sharia Criminal law in the Federal and States legal system pending in the House of Representatives if not a hoax, shall amount to an exercise in futility if the spirit of the said bill is to make it mandatory for the Federating States in Nigeria to implement Sharia legal system in their various jurisdictions.

Although by implication of sections 260-264 and 265-269 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), The Sharia Court of Appeal of the FCT and the Customary Court of Appeal of the FCT were respectively created, both of coordinate jurisdiction operating respectively Sharia Legal System and Customary Legal System in Abuja.

Similarly, sections 275 and 280 of

unlikely to approve the amendment. As for the 19 Northern States, they are by no means homogeneously Muslim, as some of them, like Plateau, Taraba, Benue, Gombe, Kwara, Kaduna and Kogi are either majority Christian, or have large Christian minorities; accordingly, they are equally doubtful as far as endorsing the amendment is concerned.

That is, assuming the upper House of the National Assembly, the Senate, adopts the proposal. Pending disclosure of the details of the proposal, I think it is safe to assume that our Distinguished Senators will not turn a blind eye to an issue as polarising and divisive as extending Islamic criminal law to non-Muslims. So the amendment is

easier to propose than to achieve. I think somebody is simply trying to fly a kite mere political posturing. I don’t think the amendment – in the form in which it was reported in your captioned article - will see the light of day.

Abubakar D. Sani, Legal Practitioner, Kano

the 1999 Constitution (as amended) gave the Federating States the choice of establishing Sharia Court of Appeal and or Customary Court of Appeal in their various jurisdictions which shall be of coordinate jurisdiction of the High Court of a State.

In my opinion, the implication of the aforementioned provisions of the Constitution is to the effect that Sharia Legal System is operational in Abuja and in those States that have exercised their choice of establishing Sharia Court of Appeal pursuant to section 275 of the 1999 Constitution (as amended). Sharia Court of Appeal whether of FCT or State shall and can only operate a Civil (Personal) Sharia Legal System, I refer to section 277(1) of the 1999 Constitution reproduced thus: “The Sharia Court of Appeal of a State shall in addition to such other jurisdiction as may be conferred upon it by the law of the State, ..........................”

It is worthy to note here that, most States in the Northern Nigeria have exploited the Provisions of section 277(1) (supra) and codified the Sharia law for

the use and application by the Sharia Court of Appeal of their various States.

It is also worthy to note that the implication of sections 262(2a-e) and 277(2a- e) is that parties to a dispute have the choice to submit or refuse to submit to the jurisdiction of a Sharia Court of Appeal of FCT or State.

It is only logical that a Sharia Court of Appeal whether of FCT or State shall not apply English Legal System nor Customary Law Legal System but shall apply a Sharia Legal System.

However, if the spirit and intendment of the alleged bill is to make it mandatory for all the Federating States in Nigeria to implement Sharia Legal System or Sharia Criminal Law in all the States of the Federation, then the Sponsors of the alleged bill shall brace up for a full confrontation with the provisions of section 9(2) of the 1999 Constitution (as amended), which provides for the procedure for the alteration of any provision of the Constitution. The said procedure requires 2/3 majority of members of both houses of the

National Assembly and which shall also be approved by resolution of the Houses of Assembly of not less than 2/3 of all the States. It is my opinion therefore that, no provision of the Constitution of the Federal Republic of Nigeria 1999 (as amended) shall or can be amended in secret or in the manner alleged by author of “Worrisome”. Any such attempt shall amount to an exercise in futility.

G.C. Ozobu Esq., Legal Practitioner, Lagos

CRIMINAL JUSTICE INSTITUTE INDUCTS NEW MEMBERS, CALLS FOR ATTITUDINAL CHANGE CONTINUED FROM PAGE 6 cultivate strong cultural and ethical orientation in the youths from the grassroots in order to find a sustainable solution to the problem of self-inflicted underdevelopment and backwardness in our national life."

"It is important that emphasis is laid on honesty, good work ethics, respect for others, display of national consciousness, accountability, equity, fair play, good time management, good neighbourliness and above all, an egalitarian society. These virtues should form part of the national re-orientation taught at all levels", the ICJCA President added.

Oba Bajowa congratulated the inductees and enjoined them to see it as a call to duty and responsibility, as a lot is expected

from them, as certified criminal justice and criminology administration professionals, by the institute and the nation.

The Guest Speaker, Major Benjamin Eboh (rtd) said security is the bedrock upon which growth and development can be provided and achieved.

Eboh said no nation, organisation, public offices or groups can thrive in these precarious times without the adequate use of intelligence, investigation, surveillance and counter surveillance.

According to him, sabotage, espionage, terrorists and even Advance Fee Fraudsters have seen the less secured places as soft targets to carry out their nefarious activities, adding that many investors have left Nigeria's

shores due to the security problems and ailing economy.

He noted that there is a need to adopt strategic intelligence to gather information on these likely threats to all facilities.

A total of forty persons were inducted into ICJCA. Amongst them were the pioneer Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, Abia State Commissioner of Police, Oyebade Adeleye Olusola and a Deputy Controller of Prison, Mr. Oduntan Seye Olukoya, who were all inducted as Fellows of the Institute.

In all, twenty-three persons were inducted as Fellows, Ten as Associates and Seven as members.

LEGAL PRAYER IN THE HIGH COURT OF GOD ALMIGHTY IN HIS GRACE JUDICIAL DIVISION HOLDEN AT HIS PRESENCE MOTION ON NOTICE Brought Pursuant to Order Psalm 138:8 TAKE NOTICE that the Host of Heaven shall be moved as you enter a new month, as the Holy Spirit shall be heard, praying for the following: (1) AN ORDER granting you and your family good health, joy unlimited and all the good things of life.

(2) Perpetual Injunction against untimely death, sickness, poverty, failure, accident, fear to such effect that the Egyptians you see today, you shall see no more.

AND for such further grace that Heaven may deem fit to grant you in the cause of the year and beyond, happy new month Dated this day,1st November , 2016

08.11.2016

/15

MY BRIEF BY SKB STEPHEN KOLA-BALOGUN

stephenkolabalogun@yahoo.com

Saraki and CCT Why the Supreme Court Should Reverse Itself

A

rather disturbing story of laxity and muddle in procedure, forms the background to the trial of Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT). Earlier in the year the Supreme Court dismissed an Appeal filed

by Senator Bukola Saraki challenging the validity of his trial at the CCT on various counts of false assets declaration preferred against him. An unusually strong seven man panel of the Supreme Court presided over by the Chief Justice of Nigeria Mahmoud Mohammed (GCON) unanimously ruled that Saraki’s appeal against the jurisdiction of the CCT and the competence of the charges levied against him lacked merit. In the lead judgement read by Honourable Justice Walter Onnoghen (JSC), the Supreme Court held that contrary to Saraki’s contention, the Danladi Umar led CCT was validly constituted by two members. The Court also held that the CCT was by the provisions of its enabling laws and the Constitution conferred with quasi- criminal jurisdiction and could thus validly issue a bench warrant. Finally it held that the Administration of Criminal Justice Act 2015(ACJA) was applicable to proceedings at the CCT. In the same vein, barely a fortnight ago, the Court of Appeal yet again dismissed another appeal filed by Senator (Dr) Bukola Saraki challenging his on going trial at the CCT. The Justice Abdul Aboki led panel ruled that contrary to Dr Saraki’s contention, the CCT had jurisdiction to entertain the suit commenced against him. It was the second time the Court of Appeal would be delivering judgement on the same subject-matter relating to the jurisdiction of the CCT to try the Senate President. The Court of Appeal had on October 30th 2015 ruled against Saraki on the jurisdiction of the CCT and asked him to face the various counts preferred against him. It is that judgement as affirmed by the Supreme Court that is outlined above. In this recent Court of Appeal judgement, all five members of the Court of Appeal agreed with the Justice Aboki (JCA) lead judgement and resolved all the eight issues formulated for determination against Saraki, thereby paving the way for continuation of trial at the CCT scheduled to begin again on November 7th 2016.

One particular technical point is deserving of consideration. The Supreme Court in determining the quorum of the CCT established that two members was the applicable quorum.

Since in their opinion, the CCT Act did not provide any form of guidance in determining the appropriate quorum. In reaching this conclusion the Supreme Court relied on Section 28 of the Interpretation Act 1990 which states as follows: Notwithstanding anything contained in any Act or any other Enactment, the quorum of any tribunal, commission of inquiry (including any appeal tribunal established for the purpose of hearing any appeal arising therefrom) shall not be less than two (including the chairman): Provided that the chairman and the member shall be present at every sitting of the tribunal, commission or inquiry throughout the duration of the trial or hearing.

However Section 24(1) of the CCT Act relating to Rules of Procedure and Institution of Proceedings states as follows: The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act It is important to note that the Third Schedule

conformity with the provisions of this Constitution and shall be deemed to be – (a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make law and.........

Section 315(4)(b) defines an existing law to mean...any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which have been passed or made before that date comes into force after that date, and.........

Since the date of commencement of the CCT Act is 1st January 1991, it is therefore an existing law within the meaning of the 1999 Constitution (as amended) but the Supreme Court has nevertheless unwittingly given a judgement that is in conflict with an existing law of the National Assembly without necessarily modifying it. This is a most unfortunate and difficult situation, because the person who will be most affected by this apparent conflict, between this judgement of the Supreme Court and an existing law of the National Assembly, is no less a person than the Senate President and Head of the National Assembly himself, Dr Bukola Saraki.

Senate President, Dr. Bukola Saraki

forms part of the CCT Act and the significance of this point will be highlighted later. In the Third Schedule relating to Code of Conduct Tribunal Rules of Procedure, Section 12 which deals with notes of evidence to be taken at trial states as follows: (1) The Chairman or any other member of the Tribunal authorised by the Chairman in that behalf shall, in every case, take notes in writing of the oral evidence, or so much thereof as he considers material, in a book to be kept for that purpose and such book shall be signed by the Chairman and not less than two other members of the Tribunal including the person who took down the notes, at the conclusion of each day’s proceedings.

(2) The record so kept as aforesaid or a copy thereof purporting to be signed and certified as a true copy by the Chairman shall, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses at such proceedings.

What the above seems to suggest is that unless the oral evidence taken at each day’s proceedings is signed by the three members of the CCT, at the conclusion of each day’s proceedings, the evidence given would be inadmissible, since it is only that record as signed by three members of the CCT that can be admitted as evidence of such proceedings and of the statements made by the witnesses at such proceedings.

There is therefore a clear conflict between the judgement of the full panel of the Supreme Court delivered on Friday 5th February 2016 and the provisions of the CCT Act on procedures and institution of proceedings.

What is perhaps most unsatisfactory about this situation, is the fact that the Supreme Court declared that the quorum of the CCT is two by referring to the Interpretation Act since in the opinion of the Court, the CCT Act was silent on the appropriate quorum, but as we can see from above that this is far from the case. The Act was quite specific on what should constitute an appropriate quorum, since the rules of procedure contained in the Act requires three members of the CCT to sign the oral evidence put down in writing in each day’s proceedings. Could it be that our Supreme Court is finding it difficult to cope with the labyrinth of statutory provisions it

"WHAT THE ABOVE SEEMS TO SUGGEST IS THAT UNLESS THE ORAL EVIDENCE TAKEN AT EACH DAY'S PROCEEDINGS IS SIGNED BY THE THREE MEMBERS OF THE CCT, AT THE CONCLUSION OF EACH DAY'S PROCEEDINGS, THE EVIDENCE GIVEN WOULD BE INADMISSIBLE"

needs to take account of daily? Alternatively, could it be that the statutory provisions of the CCT Act are unnecessarily cluttered? The CCT Act is a relatively short Act and the procedural rules are incorporated into and forms part of the Act. It is therefore difficult to argue that because they are procedural rules, they are no more than subsidiary legislation.

This is nevertheless a point which, in my opinion, either the lawyers or the Judges ought to have spotted, unless of course the point was not taken or properly elucidated in the Defendant’s brief of argument before the Supreme Court.

The CCT is outlined in Section 15 of Part 1 of the Fifth Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Section 15(4) states as follows: The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as may appear to it to be necessary to enable it more effectively to discharge the functions conferred on it in this Schedule.

Furthermore, Section 315(1) of the 1999 Constitution (as amended) states as follows: (1) Subject to the provision of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into

The Way Forward The Senate President, Dr Bukola Saraki has for long been arguing that the charges brought against him at the CCT are politically motivated, since they occurred over thirteen years ago. The Supreme Court on the other hand, is going through a difficult period of its own, but the principle of separation of powers with regard to the legislature, the executive and the judiciary suggests that, bias no matter how subtle, must not be allowed to undermine this important tenet of the rule of law.

Each of these three arms of government in an attempt to assert its independence has been making fundamental mistakes and the country as a whole is the worse off for it. Only last week the Senate concluded arrangements to amend the Code of Conduct Bureau and Tribunal Act (CCB/CCT) in deference to public opinion. The Senate has amongst other things removed the regulatory powers of the CCB and CCT from the Presidency to itself and in so doing appears to want to indirectly exercise executive powers. It is doubtful whether the President will want to sign a bill which strips him of his regulatory powers and control over the bureau and tribunal, but these are just a few of the problems this entire saga has brought about. No matter how determined the National Assembly are in reforming the CCT, they cannot make retrospective laws and the position vis-à-vis the Senate President remains the same.

Let’s now look at the Supreme Court, should it reverse itself in light of the wrong judgement it handed down with regard to the quorum of the CCT and how, if at all, can this be effected? In my respectful opinion the best way to do this is by the defence team of the Senate President entering a plea of no case submission at the CCT based on Section 12 of the Third Schedule (outlined above), especially now that trial has recommenced once again. More than likely, this will become the subject of an appeal by the prosecution and if as is more than likely, it gets to the Supreme Court, they will then have the perfect opportunity to either reverse themselves or distinguish the case. The aversion of Nigerians to repeated litigation is beginning to show to the extent that they are now more than fed up with indecisive outcomes. Nevertheless, attention needs to be given to this matter, so as to remedy what has now become a most unfortunate issue with a perceived element of political bias.

16/TRIBUTE

08.11.2016

Imitations of Immortality: Sir Olaniwun Ajayi April 8, 1925 – November 4, 2016 Konyin Ajayi

I

t will be true to say of Sir Olaniwun Ajayi KJW, (as Ralph Waldo Emerson said in the book “Self Reliance”), that an institution is the lengthened shadow of one man and all history resolves itself very easily into the biography of a few stout and earnest men.

Like shadows that have no voice, Sir Olaniwun Ajayi cast a long shadow over the legal profession in Nigeria, with the greatness achieved by his law firm, Olaniwun Ajayi LP, reputed internationally to be one of the largest partnerships in Africa and best law firms in the region. Like great men before him, by muscular action and visionary thinking, he built an institution that has seen three generations – with the entry into it this year of the fourth generation: the best in class of the Nigerian law school year of 2016. No doubt, when historians look back to write about the legal profession in Africa, not just Nigeria, Sir Olaniwun Ajayi KJW will, (in spite of his height and unrelenting humility), stand out – not least because before we saw the good in disruptive innovation, and in the 20th century when most here were analogue leaped to the digital age of the 21st century – opening up his space to “outsiders”, welcoming of brilliant minds, permitting spend, at his expense, on advances in not just information technology but advanced management systems, Sir Olaniwun Ajayi was at all times a step ahead of his time. Sir Olaniwun Ajayi KJW, has imitations of immortality with what he built in the seen and unseen work of his firm, the people he sired, the work did, the landmarks he made, the systems he built, the leadership provided and on top of it all the virtues of righteousness and integrity he built.

Sir Olaniwun Ajayi LP, was however not only a defining pillar of the legal profession, as he was indeed better known for his profiles in courage, activism, struggle for democracy, good governance and end of oppression, injustice and all manner of disguised dictatorship.

Prepared always to eat just his bread, so he could say his mind, lived his life to the fullest, leaving the stage doing what he loved, after love of God and his family, seeing to a just and equitable society in the widely published press interview he gave just over a day before God proved him and found him worthy for Himself, drawing him as a righteous soul to begin life anew in heavenly realms.

Sir Olaniwun Ajayi KJW, was a Solicitor and Advocate, and Notary Public of the Supreme Court of Nigeria; a Fellow of the Chartered Institute of Secretaries and Administrators; was born on 8 April 1925 at Isara Remo, Ogun State, into the Methodist family of Benjamin Awoyemi Ajayi and Mrs. Marian Efundolamu Ajayi. His pedigrees, particularly on his mother’s side, are long and of which, he was very proud. His father, late Ben Ajayi was a foundation member of Isara Methodist Church, which was founded on 11 December 1893. On finishing at Wesley College Ibadan in 1949, Sir Olaniwun Ajayi taught at Wesley School Oko Sagamu for three years, between 1950 -1952. He became the Headmaster of the Junior Primary of the School in 1953, where he served for two years. For the next two years starting from January 1955, he was appointed the Supervisor of Methodist Schools in Ijebu Province (now known and called Ogun State East Senatorial District).

Around about this period of service at Sagamu (1950 -1957) Sir Olaniwun Ajayi achieved a lot, and the stage was set for things that he will stand on for the rest of his life. He met and married his wife of blessed memory: Adunola Ajayi; had his first two children: Olamijulo and Dara; got acquainted with and formed a bond

The late Sir Olaniwun Ajayi

with Chief Obafemi Awolowo; and made his longest friendship with Chief Ayo Adebanjo.

In the period he served Church and society in various capacities. Having qualified as an Accredited Local Preacher (as they were then called) in 1948, he was appointed Secretary of Remo Local Preachers' Meeting, Secretary Ijebu (Sagamu) Circuit Quarterly Meeting, Secretary Wesley Guild Sagamu – all of the Methodist Church Nigeria. Being a Lieutenant of the Boys' Brigade, he was Secretary of Remo Battalion of the Movement. It was in acknowledgement and recognition of his services that he was selected as the Officer to lead the Nigerian Contingent of The Boys' Brigade to the celebration of the centenary of the birth of the founder of The Boys' Brigade Movement, Sir William Smith which celebration took place on the premises of Eton College, England in 1954.

In July 1957, he left for the United Kingdom to further his studies. He was admitted to City of London College, Moorgate, London (now Known as City University) where, while working at the bottom of the ladder, studied to qualify as a Chartered Secretary. He got admission to LSE (the London School of Economics and Political Science, University of London) in 1959 where he took a degree in Law, again working his way through school with wife and children to cater for. During the period, he enrolled at the Council of Legal Education, Lincoln's Inn, in 1959 and was called to the English Bar in July 1962. He was enrolled as Solicitor and Advocate of the Supreme Court of Nigeria on 2 November, 1962, the same day he started his outstanding legal career by joining the defence team in the treasonable felony trial of Chief Obafemi Awolowo SAN – who, along with Nehru and Gandhi, were his political mentors.

Sir Olaniwun Ajayi continued his services to the Church in quite a number of ways: both to his Local Church at Isara and to the Diocese of Remo. He was the Chairman of Isara Methodist Church Building Committee.

Sir Olaniwun Ajayi assisted quite a number of young people to acquire education both at secondary and tertiary levels. He assisted a few Churches in their projects and took special interest in many good causes the chief of which was to upgrade the infrastructure at the premier Methodist Theological institute in Nigeria – MTI Sagamu. Like, his great wife, Sir Olaniwun Ajayi had considerable pleasure in hosting people, from home and overseas.

Sir Ajayi was the first Legal Adviser of the Diocese of Remo and later its Lay President.

In 2001, the Conference of Methodist Church

Nigeria accorded Brother Olaniwun Ajayi the highest and prestigious title of honour — Knight of John Wesley (KJW). He became the Archdiocesan Lay President of Ibadan Archdiocese.

Just as Sir Olaniwun Ajayi contributed his quota to Youth Work and the Church, so he did to his community. Thus, for about twenty years starting from 1968, he was the President of Isara Progressive Union (IPU). Under his leadership IPU executed a number of laudable projects including the tarring of all township roads, acquiring, clearing and surveying the present site of Isara Secondary School; construction of Isara Town Hall; carrying out extension and providing modern amenities to Isara Health Centre which subsequently became a General Hospital. Later, Sir Olaniwun Ajayi was elected the Chairman of Isara Community Development Council during which period the Council ICDC supplied beds, mattresses, bed sheets etc. to the General Hospital. He more or less singularly built the town hall at Isara, and provided many a comfort to his people. At the national level, Sir Olaniwun Ajayi was appointed a Commissioner for Education, later for Health in the former Western State of Nigeria (now Oyo, Osun, Ondo, Ogun and Ekiti States) from 1971-1974. Between 1975 and 1979, he was a member of the Federal Inland Revenue Appeal Commission. A member of the defunct Action Group (AG) and Unity Party of Nigeria (UPN). He was a founding member of the then Alliance for Democracy (AD) and other political formations – searching at all times for better meaning in the narrative of our country and the land of his birth. He was a founding member of the National Democratic Coalition (NADECO), and the Patriots – writing for us a Constitution that works, but one yet ignored. He seized on the opportunity afforded by President Jonathan Goodluck to rally the troops, despite of opposition even of his own, around Yoruba land to join the national discourse on a peaceful constitutional root and branch reform. Though ending with a sub optimal compromise, he rued to the end the failure of state to begin with those little steps of ensuring Nigeria’s political imbalance were used in big strides towards a restructured society of true peace and unity – a land flowing with milk and honey. Sir Olaniwun Ajayi KJW was one of the leaders of Afenifere, a Pan-Yoruba political and cultural organisation – which remains relevant in the equation of our national mathematical equation.

A very proud and noble Yoruba man, he went high and low in trying to bring unity

and peace that the land saw after the longest civil war in history – the Yoruba 100 year war that ended with an armistice in Okemesi. Sir Olaniwun Ajayi wrestled with tyranny and corruption in public spaces and private quarters.

He confronted and challenged the Church to fulfill its mission and not get entangled in the lowliness of corruption. He called on the people to go high when their traducers go low; he served time underground and in detention. He confronted the evil of the day, and with wisdom from above and grace of his Master, he turned the other cheek, and never, even when opportuned, repaid evil even with bad. Rather, with good he repaid evil, and enveloped himself in the love of God, swimming in His grace and living on His blessings.

He was father to many and friend of all.

He was kept youthful by his army of young friends; his deep research in spiritual, political and world affairs. He loved to travel, to read and write. In the last decade of his life he became a prolific author – scripting seven books, with the last just off the press on his native people, the Remo and their neighbours.

He enjoyed good company and was never wanting in sartorial embellishment. As if his shoes were not big enough to fill, in imitations of immortality, he had so many custom made shoes of different stripes to match his full Yoruba clothing and occasional western dressing.

Sir Olaniwun Ajayi was married to former Miss Adunola Sode-Adegunle former Senior Teacher at Sagamu Girls' School, then later Principal of Nigerian Hotel and Catering Schools who retired as the Co-ordinator of Federal Government Hotel and Catering Schools in Nigeria. They were richly blessed with two sons and two daughters and many grandchildren.

Speaking of imitations of immortality Oputa JSC, of blessed memory said in ADEGOKE MOTORS v ADESANYA “...we are final not because we are infallible rather we are infallible because we are final.” So it was for Sir Olaniwun Ajayi KJW, whose experience and words of wisdom were so deep, when he spoke it was more or less final. Yet he was fallible only because he was mortal, but infallible to the extent that his love for Christ, and search for God, was unwavering, as was his ministry as a prayer warrior, a righteous man who was a living sacrifice in the words of Paul in Romans 12:1. Now we know he was so great, yet so humble; he was so intelligent yet so self-effacing; he was so disciplined yet so jovial; he was small of frame yet had such a large heart; he was so Yoruba, yet so passionate about Nigeria.

Though he was friend to many and foe of none, even those who took issues with him, especially for his hard stance on probity and rightness, will agree to say, (in the words of Ralph Waldo Emerson in “Self Reliance”), of Sir Olaniwun Ajayi KJW, that: “Every true man is a cause, a country, and an age; requires infinite spaces and numbers and time fully to accomplish his design; and posterity seems to follow his steps as a train of clients. A man Caesar is born, and for ages after we have a Roman Empire.” Sir Olaniwun Ajayi fought a good fight for the cause of his people; he ran a good race for the success and rebirth of his country; and wrestled well for this age and that to come.

Imitating immortality, did not have enough time and space to accomplish his vision – though he finished his mission – like Moses, who he admired. But he looks down from heaven now glad with the work he did - knowing as Ted Turner said that a true visionary never completes his work for they are so great it requires near immortality to complete.

Konyin Ajayi SAN is the Managing Partner of Olaniwun Ajayi LP, and a professor of law at Babcock University

16

T H I S D AY • TUESDAY, NOVEMBER 8, 2016

POLITICS

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

EXECUTIVE BRIEFING

Endless Probe of the Halliburton Scandal Nine months have passed since the Economic and Financial Crimes Commission began investigations into the Halliburton bribery scandal, yet nothing has been said about the key suspects beyond the harassment of the legal team involved in the negotiation of the plea bargain with the companies fingered in the bribery scandal. Davidson Iriekpen reports

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t’s been nine wasted months now since the Economic and Financial Crimes Commission (EFCC) opened fresh investigation into the Halliburton bribery scandal, yet nothing has been heard about the case beyond the interrogation of the five senior lawyers said to be involved in the negotiation of the plea bargain with the companies fingered in the bribery scandal to ascertain their complicity.

The lawyers, one after the other, have been invited and interrogated with no charges brought against them beyond intimidation and media war initiated against them. Amongst those being investigated is the immediate past Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, who put together the team.

Apart from Adoke, who is presently not in the country, the five other lawyers are Damian Dodo (SAN), Godwin Obla (SAN), a representative of the EFCC, Mr. Joseph Daudu (SAN), the then President of the Nigerian Bar Association (NBA), Mr. E.C. Ukala (SAN) and Roland Ewubare, then Executive Secretary of the National Human Rights Commission (NHRC).

They have all at different times, individually appeared before the anti-graft agency to answer questions on all they know about the scandal and their involvement in the negotiation of the plea bargain with the companies fingered in the bribery scandal to ascertain whether they committed any offence or not.

The companies involved in the bribery scandal were: Halliburton; Siemens AG; TSKJ, Technip of France: Snamprogetti of Italy; Kellog, Brown and Roots of the United State; Japan Gas Corporation (JGC); and construction giant, Julius Berger, which was accused of acting as a conduit for the illegal transfer of $5 million to an alleged beneficiary.

While those involved in the bribery scandal from foreign countries have since been punished by their respective governments either through fines or jail terms, the beneficiaries from Nigeria are yet to be fished out and sanctioned. So far, what Nigerians have seen is the subtle intimidation and harassment of the legal team involved in the negotiation of the plea bargain with the companies fingered in the bribery scandal.

The questions begging for answers are: Why is the federal government afraid to arrest and interrogate the key culprits in the bribery scandal?

Are they known? What are they waiting for?

Why is government after the lawyers, who recovered millions of dollars for the country?

The interrogation came to light when Dodo, in his defence to the EFCC, a copy of which was obtained by THISDAY, said rather than being vilified, the legal team ought to be commended for their patriotic roles in recovering $200 million for the federal government for which some of them were conferred with national honours.

He added that what his team of lawyers got from the deal was only payments for their legal services and nothing more. The senior lawyer said the five lawyers were duly engaged by the federal government to handle the case and bring culprits to book, having been indicted by their respective home countries in the bribery scandal.

Dodo said some companies opted for payments of heavy fines in order to escape prosecution in Nigeria. He cited the example of Julius Berger, which opted to pay a fine of $35 million to Nigeria to avoid prosecution.

“In all, the professional fees and costs due the legal team as received by the trio of Daudu, Obla and Dodo were disbursed to members of the legal team as directed by their leader, Daudu. It is worth pointing out that relevant agencies of government were involved in the settlement agreements, including the offices of

Magu...always chasing the ants

the National Security Adviser (NSA) and the EFCC. The Secretary of the EFCC, Mr. Emmanuel Akomaye, witnessed three of the agreements, namely, Snamprogetti, Halliburton and Japan Gasoline Corporation on behalf of the federal government.”

Quoting clause six of the agreement reached with Japan Gasoline Corporation, Dodo, said: “The Federal Government of Nigeria confirms that the reimbursement of the government legal

While those involved in the bribery scandal from foreign countries have since been punished by their respective governments either through fines or jail terms, the beneficiaries from Nigeria are yet to be fished out and sanctioned. So far, what Nigerians have seen is the subtle intimidation and harassment of the legal team involved in the negotiation of the plea bargain with the companies fingered in the bribery scandal

costs to the designated counsel in the terms of the agreement is lawful under the Nigerian laws and regulations, and the government counsel has confirmed to the Federal Government of Nigeria that no proceeds of such reimbursement will be provided to any government officials.

“Upon assumption of office as Acting President in 2010, former President Goodluck Jonathan instructed the investigation of the entities involved in the making and receipt of illegal payments based on the request of the US government in particular and the international community in general.

“The then National Security Adviser (NSA), General Aliyu Gusau (rtd), anchored the investigation effort while the operational and procedural initiatives were tasked to the Office of the Attorney General of the Federation and the EFCC. “The Attorney General constituted a strong and diverse legal team led overall by the then President of the NBA, Daudu. Given the urgency of the effort and the scope of work to be done, an initial question arose as to the mechanics of payment of legal fees to the lawyers instructed to handle these cases. The Attorney General indicated that he had no budget for legal fees for the matter.”

The senior lawyer stated after the team was constituted by Adoke, and given the urgency of the effort and the scope of work to be done, an initial question arose as to the modalities of payment of legal fees to the lawyers instructed to handle these cases. He revealed that when they approached Adoke for funds, he told them that he had no budget for legal fees for the matter. At this point, he said, after considerable discussions by the team, it was agreed that the fees and reasonable costs of counsel be paid by the accused entities as part of any settlement package.

On how the lawyers arrived at the legal fee of 10 per cent, he noted that they simply followed the precedence for such fees that had already existed with instructions given by former AGF, Chief Bayo Ojo (SAN) to the lawyers involved in the prosecution of the Pfizer criminal defendants. Under the Pfizer case, which was prosecuted, the current Vice

President, Professor Yemi Osinbajo (SAN), was the lead counsel and principal partner of the Simmons Coopers law firm, which initiated the fee mechanism in Nigeria, the fees of counsel were paid by Pfizer corporation as part of the settlement with Kano State Government on one hand and the federal government on the other.

To many analysts, it is baffling to see the EFCC leave the real culprits in the Halliburton scandal and going after the lawyers, who assisted the federal government recover about $200million.

They wondered what the job of a typical lawyer is if not to take or receive commission which was what the lawyers in the Halliburton case did.

Others are therefore wondering why it is the lawyers’ fees that have taken the front-burner in the investigation. They are also surprised that the federal government would be interested in the case against the lawyers when no money was taken from its treasury as fees to them. It was gathered that the only fees the lawyers got came from the defaulting companies.

THISDAY investigation revealed that before the Nigerian government set up the team, it had contacted a leading law firm in the US to act on its behalf in the Halliburton bribery scandal. It was gathered that the law firm, based in Philadelphia, had proposed the return of 33 per cent as fees as is the standard practice in the US for contingency litigation matters. It was gathered that it was when the Nigerian government turned down the fees as too outrageous that it settled for the Daudu-Dodo team.

Moreover, it was learnt that the Halliburton fines were calculated and imposed based on the stipulations in the US Federal Sentencing Guidelines. The guidelines set the award and scoring parameters for determining levels of fines to be imposed. For example, portions of the guidelines provide for treble damages where a criminal defendant is fined three times the profit gained or three times the loss avoided in the context of the matter at hand.

Currently, no such guideline exists in Nigeria beyond the sanctions imposed in the Criminal Code or Penal Code.

Also, THISDAY gathered that because Halliburton and other companies involved in the scandal were already punished under US law, there arose the real issue of double jeopardy when the Federal Government of Nigeria sought to recover monies from these same companies. A source close to the legal team informed THISDAY that it was the ingenuity of the team coupled with the enforcement muscle of the EFCC that led to the recovery of over $200million from the companies that had already been fined and sanctioned by the US authorities.

It stated that what Nigerians and the world expected from the federal government was to investigate and reveal the identifies of the main bribe takers in government between 1994 and 2004 rather than go after the lawyers.

“It is a distraction to pursue the lawyers who recovered fines from the bribe giver companies (offenders), which offenders were made to bear the fees of federal government’s lawfully appointed lawyers working with EFCC in 2010 (nearly 6 to 10 years after the bribery incident). Seeking to confuse both still does not answer the question.

Why would Halliburton, having been sanctioned

by US government and in paying fine to the Nigerian government, choose to bribe again in legal fees?” the source said.

Other questions include: Did the lawyers do anything wrong? Did they really remit the amount they received from the plea bargain deal to the coffers of the federal government?

Why are they being hunted when the bribe takers are working the streets free? It is left for the EFCC to answer these questions once and for all or let the lawyers be forever.

17

T H I S D AY • TUESDAY, NOVEMBER 8, 2016

ONTHEWATCH

Legislative Activism over Rivers Polls The recent intervention of the Senate in Rivers State’s inconclusive polls is commendable, writes Davidson Iriekpen

T

he Independent National Electoral Commission (INEC) last week yielded to pressures mounted by the Senate to fix a date for the outstanding re-run elections for the state and National Assembly seats in Rivers State, declaring that it would conduct the election on December 10. In a statement by the Secretary to the commission, Mrs. Augusta Ogakwu, INEC said it had consulted widely and was ready to conduct the outstanding re-run elections in the state on December 10.

Both the Election Petitions Tribunals and Court of Appeal had between November last year and January this year nullified all the legislative elections conducted in 2015 by INEC into the state and National Assemblies in the state. The tribunals consequently ordered the commission to conduct the rerun elections within 60 days.

But since then, the commission has been dilly-dallying, citing insecurity as an excuse and consequently leaving the people of the state without adequate representatives in the national and state assemblies.

Though the commission last March tried to conduct some of the rerun elections, it however cancelled those of the three senatorial districts and some federal and state constituencies. So far, the outstanding polls in the state include three senatorial seats, eight House of Representatives seats and 10 state assembly seats.

While the state currently does not have a senator in the upper legislative chamber, in the House of Representatives, the story is almost the same as it has only five members out of 13 it ought to have. In the same vein, it has 22 members out of 32 members it should have in the state assembly.

While INEC under the leadership of Prof.

Yakubu Mahmood has consistently used insecurity as an excuse to shift the outstanding polls, most indigenes of the state feel that the excuse is self-serving and not altruistic. They have wondered why the same commission has conducted elections in more dangerous parts of the country than Rivers State. Specifically, they had criticised the electoral umpire for conducting elections in the North-east, the hotbed of Boko Haram insurgency and leaving their state considered to peaceful.

For them, they feel that INEC is acting a script seemingly written by certain highly placed politicians on the polls. They are of the view that with enough security agents, the remaining elections can be concluded without hitches. They argued that if the Edo State governorship poll which was postponed based on serious security threat could be conducted, that of Rivers should be as easy. The people wondered why they should be subjected to non-representation in the state and National Assembly for no fault of theirs or why they should be denied representation simply because of the ambition of certain politicians in the state It is was against this background that the Senate last week threatened to suspend sitting indefinitely if by December 10, INEC fails to conduct the outstanding rerun elections in Rivers State. Moving a motion on the floor to the upper legislative chamber to drive home his point, the Deputy Senate President, Senator Ike Ekweremadu, alleged flagrant breach of constitutional and Electoral Act 2010 provisions as well as disobedience to court orders by INEC’s failure to conduct outstanding elections.

He expressed dismay over the decision of the electoral body to act on the resolution of the Senate on September 27, 2016, which implored it to conclude all pending rerun elections in the country. He said it was appalling that INEC had continued to act in breach of Sections 14(2c) of the 1999 Constitution which he said guaranteed the participation of all parts of Nigeria in the governance of their country.

He said INEC’s perceived recalcitrance against the conduct of the elections also violates Section 76 of the constitution which orders INEC to conduct elections into the Senate and House of Representatives on an appointed date.

The deputy senate president, who lamented

State was an indication of the negative plot against the state. He said the non-conclusion of the rerun elections in the state was the fallout of the grand conspiracy to rig the polls in favour of an unpopular party.

The governor noted that it was ironic that INEC which conducted successful elections in the North-east and Sambisa forest could not conduct election in Rivers State. He maintained that the state is far more peaceful than other major states in the country, hence it has played host to series of international and national conferences. He said once elections approach, desperate opposition politicians and their media collaborators induce negative propaganda on insecurity, adding that deliberate anti-development programmes have been slated against Rivers State, pointing out that the state has successfully overcome these plots.

NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

Political Notes Ekweremadu...reading riot act to INEC

the non-representation of the senatorial districts of the state in the activities of the Senate for almost a year, described INEC’s action as not only an affront to various laws of the land but also unfair to the entire people of the state.

He said: “We observe that in spite of Senate resolution 016/02/16 of 27th day of September, 2016 calling on the INEC to immediately conclude all pending rerun elections in the country, INEC has failed, refused and or neglected to conduct rerun elections in Rivers State into the Senate, House of Representatives and State Houses of Assembly.

“We also observe that the failure of INEC to conduct the rerun elections in Rivers State within the time frame ordered by the respective elections tribunals and the courts is in breach of the Electoral Act and Section 76 of the 1999 Constitution and is endangering the nation’s democracy. “Further observe that non-representation of the entire people of Rivers State in the Senate and some constituencies of Rivers State in the House of Representatives and State Houses of Assembly is in breach of Section 14 (2c) of the 1999 Constitution, which enjoined the participation of every part of this country in the governance of Nigeria and this endangers peace and order in Rivers State.

“Further observe that failure of INEC to conduct elections in Rivers State has continued

Election took place in Borno; election took place in Yobe; election took place in Adamawa, where you have deadly insurgency. They were able to conduct elections and votes were counted. They were able to conduct election in Sambisa forest and votes were counted. But they cannot conduct election here in Rivers State

to deny the people of Rivers State their constitutional guaranteed rights to be represented in the legislative houses, where laws affecting them are being made and endangered probable anxiety among people of the state. Accordingly resolves that INEC should conduct the elections on December 10, failing which the Senate will suspend plenary.” Supporting the motion, Senate Leader, Ali Ndume, lamented that Rivers State had been denied involvement in various important decisions affecting them including the debate on Petroleum Industry Bill (PIB) which passed second reading yesterday.

He lamented that if INEC was grappling with inability to conduct election in only one state, it would be problematic to expect the same commission to conduct a successful election in 2019, observing that the elections conducted so far by the current leadership of INEC has either been inconclusive, suspended or characterised by confusion. It is not only the Senate that has expressed bitterness over the non-conclusion of the rerun elections in Rivers State. Recently, the House of Representatives too urged the commission to immediately conclude all outstanding elections into national and state assemblies in the state, Anambra and other states.

The House also mandated its Committees on Legislative Compliance and Electoral Matters to ensure compliance with the House resolution of June 23, 2016, and that INEC concludes all elections in Rivers State and revert within two weeks with a confirmed date for the election.

Adopting a motion sponsored, the Minority Leader, Hon. Leo Ogor, Hon. Kingsley Chinda (Rivers PDP) and four others, the House accused INEC of disregarding a December 2015 order of the Court of Appeal, which directed that re-run elections in Rivers state should be conducted within 60 days.

“But INEC has since consistently failed, neglected and/or refused to do so, apart from the one it conducted on March 9, 2016 in only four out of the 12 federal (and few state) constituencies that re-run elections were ordered in December 2015. Yet, the present leadership of INEC has consistently neglected, failed and/or refused to conduct elections in only about eight local governments of Rivers State, citing security concerns,” Ogor added.

Contributing to the motion, Majority Leader, Hon. Femi Gbajabiamila said INEC is shortchanging the senatorial districts and constituencies by not concluding the elections.

Before the Senate outburst last week, Governor Nyesom Ezenwo Wike of the state, while speaking at a forum in the state stated that the fact that INEC can successfully conduct elections in Sambisa forest, but not in Rivers

OsinbajoEndsthe Paden Debate Recently, during the public presentation of an authorised biography of President Muhammadu Buhari by one of his old friends, Prof.

John Paden, a fact of history was distorted in the book.

It was the argument over how VicePresident Yemi Osinbajo emerged the running mate to President Buhari. The author wrote that Osinbajo was the choice of President Buhari and that was contrary to existing fact that a former Lagos State governor and one of the national leaders of the All Progressives Congress (APC), Senator Bola Tinubu nominated him.

The book, written by Paden, and titled ‘Muhammadu Buhari: The Challenges of leadership in Nigeria,’ claimed that Tinubu pressured the president against choosing Osinbajo as running mate in the run up to the 2015 presidential election. But in cleverly putting the record straight recently during a state of the nation Colloquium by the Coalition of Nigerian Apostolic Leaders, Osinbajo clarified how he became Nigeria’s number two citizen.

Addressing a question from Pastor Paul Adefarasin on what he has been doing to groom others like him to join politics and make the difference, he said: “I was not nominated by the church. I was nominated by the leader of our party, who I served as commissioner in his government”.

The description fits no other than Tinubu.

The question therefore is, why the deliberate attempt to change facts when those involved are still alive and can confirm the truth?

Even before the VP’s clarification, the narrative contained in the biography of President Buhari of how Tinubu lobbied to become Nigeria’s Vice President instead of Osinbajo has been discredited by the Secretary to the Lagos State Government, Mr. Tunji Bello, who was privy to the process of Osinbajo’s nomination, when he said the author’s story was “based on falsehood that reeks of deliberate misinformation and mischief.

One must therefore wonder what really went wrong. Was it just that the author got such sensitive information incorrectly or was it deliberately distorted? Didn’t anyone in the presidency vet the document before it was published to correct such information or is it just party politics and mischief taken too far?

Whatever it is, that fact of record has been set straight by Osinbajo. Perhaps, if he were a conventional politician, he could simply stick to the new story and malign his benefactor for good.

18

TUESDAY, NOVEMBER 8, 2016 • T H I S D AY

FEATURES

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

Strong Families for a Stronger Nation Concerned about the devastating effects of social vices that have become prevalent across all strata of the society, the 16th National Women's Conference concluded that beyond all antidotes to Nigeria’s socio-economic crises, building strong families is synonymous with building a stronger nation. Gboyega Akinsanmi writes

L-R: Kebbi State Governor, Alhaji Atiku Bagudu, his wife; Dr. Zainab, Ambode, his wife, Bolanle, wife of Edo State Governor, Lara Oshiomhole and Governor Adams Oshiomhole, at the 16th Annual National Women Conference in Lagos…recently

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t was a summit with a difference. And its difference was evident in the focus and subject of discussion. In truth, summits have been held in the past with focus on revamping Nigeria’s failing economy and rebuilding her dysfunctional institutions. But the 16th National Women Conference came with the emphasis on building strong families as a condition for building stronger nation.

That was its unique advantage, which perhaps decision makers and policy strategists have not effectively factored into policy choices. By providence, the Committee of Wives of Lagos State Officials (COWLSO) made it an issue of national significance in its just concluded summit at the Eko Hotel and Suites, Victoria Island, magnifying the role of vibrant families in putting Nigeria on strong foothold.

And this message was obvious in the welcome address of the Chairperson of COWLSO, Mrs. Bolanle Ambode. Aside that, the support was indeed huge from political actors, social workers and business leaders that attended the summit. Each participant exuded strong conviction and expressed rare commitment to addressing dysfunctional families, which Ambode said, had been Nigeria’s real challenge.

She set the background for the summit index by index and subject by subject.

She recognised the gravity of economic crisis into which the country is submerged.

She also acknowledged the enormity of insecurity in which the country is helplessly wallowing. She observed the dynamics of heinous social challenges, which have brought

the country on her knees and clogged her path to stability.

What brought to her prostrate condition, she argued, was not actually a function of

The family is the foundation and smallest unit of any nation. The heart and conscience of a nation is formed, to a large extent, in the family. However, the issue is the amount of commitment we, in our individual capacities and as a nation, have shown towards strengthening the family unit. With strong families, we can build a strong nation

her economic downturn. For her, it is an absence of strong families. Also, according to her, it is the dearth of sound value systems that often stream from strong families. More importantly, she insisted, it is the lack of filial love that strips children off the warm arms of their parents to the cold arms of the world.

That indeed explains the foundation of a troubled nation. In truth, she said, Nigeria is not an exception. For decades now, she explained how Nigeria had been reeling under the burden of diverse socio-economic challenges. And by the day, she observed that the country is neck-deep in social crises, ranging from kidnapping to drug addiction, teenage pregnancy, armed robbery, child abuse and cultism.

By her judgment, these social ills are indeed a fallout of troubled families. By implication, the social vices have their foundation in dysfunctional family units.

Ambode, therefore, made a very cogent deduction, which perceptibly left almost all participants pondering with some consolation and a little sigh. For her, the strength of a nation is linked to the strength of its family units.She explained what sounded like a metaphor to her huge audience. She said: “When family units are bound together in love and children are raised in the fear of God and high socio-moral values, it begets a good and peaceful society and country, where social vices are reduced to the barest minimum. So, to build a strong and virile Nigeria, we must go back and build strong family units.”

She, thus, said the state of family in

Nigeria “is a time bomb waiting to explode.

The leaders should recognise the need to run and address the issue immediately by firming up the building blocks of our individual families. If we do not firm up the fundamental building blocks of the society, it may crumble. This is because the family makes a society. Nigerians must speak out against domestic violence.”

Even though her address generated strident applause, there was uneasy calm in the hall where the event held. The reason for uneasy calmness, perhaps, might be due to an absence of definite policy direction for building strong families that could be precursors for stronger nation. Undoubtedly, Ambode’s concern crept into the hearts of the leaders that were present and represented at the summit.

Apparently, her concern shaped the input other discussants made at the summit. It was on this account that the wife of the President, Mrs. Aisha Buhari acknowledged the significance of strong family values, which she argued, should be emphasised.

For her, the absence of strong family values gives rise to the challenges of poverty, teenage pregnancy, crime and declining school performance.

Buhari, who was represented by the wife of the Governor of Imo State, Mrs. Nkechi Okorocha at the summit, said COWLSO “has emerged as of the many things that have put Lagos in the unique class of excellence.” She, thus, argued that the theme of its summit actually showed the burden the committee for building stronger Nigeria, which she said, should be the concern of

19

• T H I S D AY TUESDAY, NOVEMBER 8, 2016

FEATURES all leaders at different levels.

After she declared the summit open, Buhari pointed out what struck her most about the COWLSO. For her, it is nothing, but the committee’s intellectual and philanthropic drive tailored at complementing the efforts of the Lagos State Government to improve the welfare and well-being of its residents.

By implication, she suggested that each participant should take the COWLSO back home.

Likewise, the political leaders at the summit toed the same path. Oyo State Governor, Senator Abiola Ajimobi acceded to the argument of Mrs. Ambode. For him, strong families are the critical foundation stone of every society and nation. Consequently, he called on every government – local, state and federal – to give it deserved priority to the task of building strong families if the country must overcome her crises.

According to him, women deserved priority and must be the policy thrust of every government. He, thus, argued that if the family “must be strengthened, the women who are saddled with the responsibility of building the home front must be encouraged and celebrated.” That was the message of his Osun counterpart, Mr. Rauf Aregbesola, who canvassed a paradigm shift in nation-building.

At this time of national crisis, however, Edo State Governor, Comrade Adams Oshiomhole counselled the parents and guardians “not to allow challenges that came with recession weaken their families.”

Like his colleagues, Oshiomhole described family as a critical unit of the society. On this note, he explained that there “is no better way to build a nation than to bond its people together.

“We need to begin to work hard to impact the right family values on our children even as we move to cope with the challenges of offices. Ambode’s interventions were not only reducing traffic and fuel consumption, but was also bringing back the good times of family bonding as travel time has reduced, hence, husbands and wives do not have excuse of traffic to get home late or leave very early.”

Beyond all said, Lagos State governor, Mr. Akinwunmi Ambode said without strong families, Nigeria “will not be able to attain real development. For Nigeria to make meaningful progress, the family, which is the mirror by which any society is measured globally, must be strengthened.”

Ambode said as much as the family “is the reflection of the society, governments at all levels must give priorities to issues that affect women at large. The women are the bedrock of the family. The women must be empowered to flourish in their careers and the home fronts.While the importance of family to national development was not in doubt, much emphasis must be placed on the commitment towards strengthening

L-R: Chairperson of COWLSO, Mrs. Bolanle Ambode, her husband, Ambode, his Kebbi counterpart, Alhaji Atiku Bagudu presenting an award to the Senior Special Assistant to the President on Sustainable Development Goals (SDGs), Mrs. Adejoke Adefulire, wife of Kebbi State Governor, Dr. Zainab Bagudu and Deputy Governor of Lagos State, Dr. Mrs. Oluranti Adebule, at the 16th National Women Conference in Lagos

Ambode (left) congratulating Chief Executive Officer, House of Tara International, Mrs. Tara Fela-Durotoye, after she received the 2016 Inspirational Woman Award at the 16th National Women Conference in Lagos. Osun State Governor, Rauf Aregbesola watches

When family units are bound together in love and children are raised in the fear of God and high sociomoral values, it begets a good and peaceful society and country, where social vices are reduced to the barest minimum. So, to build a strong and virile Nigeria, we must go back and build strong family units

the family unit and building strong moral values.

“The family is the foundation and smallest unit of any nation. The heart and conscience of a nation is formed, to a large extent, in the family. However, the issue is the amount of commitment we, in our individual capacities and as a nation, have shown towards strengthening the family unit. With strong families, we can build a strong nation,” Ambode explained.

He, however, said strong families would only exist in a society where nobody “is left behind, where everybody has a voice and a stake. This is one of the toughest challenges facing governments to build an all-inclusive society. We recognise the critical need for societal inclusion and have initiated policies aimed at guaranteeing equal opportunities and participation for all Lagos residents.”

The governor said the state government remained totally committed “to empowering women as well as protecting the girl-child against all forms of negative vices, while creating viable platforms for families to bond and recreate.Women are the glue that hold families together. We believe strongly that an empowered woman, with a sense of self-esteem, will be better positioned to make a success of her career and at

the same time be a pillar of strength for the family.”

Ambode, thus, listed what his administration had done to reposition families in the state. He cited the decision of the state government to resuscitate Apapa Amusement Park. Aside, the governor explained the rationale behind the drive of the state government to speed up the construction of Ipakodo Park in Ikorodu, Badagry Recreational Park and Ajako/ Alimosho Park among others.

He observed that all these initiatives “are beyond boosting the tourism potential of the state, but to serve as meeting points for families to relax and have fun together.” But the summit came up with an 11-point communique, which sought strategic intervention of all governments and purposeful inclusion of family units in the policy thrust of all governments – local, state and federal.

Among others, the summit recognised the need “to firm up the building blocks of families to prevent the social problems evident in dysfunctional families, which by extrapolation, crumbles the society.” Also, it emphasised that good skills of parenting “are essential for effective child rearing.

These should not be left to parents alone, but government and society must also play

their part.”

Likewise, the summit resolved that children should develop specific skills “meet society’s demand so that they do not develop a sense of inferiority.” It agreed that technology “can be good and also very bad. Parents should prevent their children from the harmful effect of technology. It lamented the erosion of cultural and ethical values, thus encouraging the parents to bring back lost values.

More instructively, the summit agreed that life “is about loving relationship with spouse, children, family friends and relationship with God. Money is not the most important factor in life. Money does not buy long-term happiness and fulfilment.”

It, finally, recognised that Lagos State “has taken proactive steps to combat domestic violence and child neglect, which seems to be on the increase in the society.”

The summit, therefore, observed that the state government “has enacted laws; formulated policies and established institutions and agencies to provide support (for victims) enforcement and implementation of the laws. The public should take advantage of the services of all the units and agencies, which include Office of Public Defenders (OPD) and Directorate of Citizens Rights (DCR).”

20

IMAGES

President, The Boys’ Brigade Nigeria, Lagos State Council, Sir Sunny Nwosu inspecting guard of honour during a ceremonial parade by the Boys Brigade at the 48th State Officers’ Annual General Meeting in Lagos...recently ABIODUN AJALA

Wife of the Lagos State governor, Mrs. Bolanle Ambode (right); and Executive Producer, The Movie ‘76, Prince Tonye Princewill, during the Lagos premiere of the movie held at Victoria Island, Lagos...recently

L-R:Coordinator, Dulfil MSC Nutrition Scholarship Programme, Prof. Babatunde Oguntona; Group Public Relations Manager, Dulfil Prima Food Plc, Mr. Tope Asiwaju; awardee, John Ebenezer of Federal University of Agriculture, Abeokut; and Indomie Brand Manager, Amber Yadav, during the presentation of cheques to the 2016 Dufil MSC nutrition scholarship awards in Lagos ...recently ETOP UKUTT

L-R: Trade Commissioner, Sweden Ministry of Foreign Affairs, Mr. Bengt Carlsson; Development Director, South Energyx Limited, Mr. Pierre Edde; Minister of EU and Trade Sweden, Ann Linde; Swedish Ambassador to Nigeria, Inger Ultvedt; and Vice-Chairman, South Energyx Limited, Mr. Ronald Chagoury Jnr, during a Swedish delegation visit to Eko Atlantic City, in Lagos...recently

T H I S D AY • TUESDAY, NOVEMBER 8, 2016

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

L-R: Country Director, Emerging Market Payment West Africa, Kayode Sorinwa; Group Chief Executive Officer, Network International (NI), Bhairav Trivedi; Country Manager, VISA, West Africa, Ade Ashaye; Executive Director, Nigeria Inter-Bank Settlement System Plc, Niyi Ajao; MasterCard, Vice-President Acceptance, West Africa, Kamil Olufowobi; CEO, Network & Emerging Market Payment Africa, Murat Ozulku; and the Chief Commercial Officer, Emerging Market Payment, Hany Fekry, at the EMP/NI cocktail reception to celebrate EMP acquisition by NI in Lagos...recently

L-R: Chief Executive Officer, Optimum Wellness Concept, Dr. Lekan Bello; Founder/Editor-in-Chief, Vivo Wellness Magazine, Mrs Toyosi Gbede; Chairman, Vitafoam Nigeria Ltd, Dr Dele Makanjuola; and Lead Partner, Noella Solicitors, Mr Toyin Gbede, during the launch of Vivo Wellness Magazine at GRA, Ikeja... recently

L-R: Special Security Adviser to the Minister of Defence, Mr Abdallah Jibrin; National Coordinator, Visionone Leadership Development Initiative, Comrade Johny; and Mr John Nteka, during the Nigeria Security and Youth Conference in Abuja...recently ENOCK REUBEN

L-R; Biomass Fuels Project Manager, Greg Salami; Head of Geocycle for Sub Sahara Africa Lafarge Holcim, Mr. Olivier Doyen and Head of Operation, Geocycle Lafarge Africa Plc, Mr. Daniel Adedokun at the National Waste Management Conference 2016 in Lagos...recently ABIODUN AJALA

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

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Quick Takes NLNG Awards 3.053 Scholarships

WE ARE OPEN FOR BUSINESS

L-R: Group Executive Director/Chief Operating Officer, Downstream NNPC, Henry Ikem-Obih; a former Executive Secretary, Petroleum Products Pricing Regulatory Agency, Reginald Stanley; MD, Emadeb Energy, Mr. Adebowale Olujimi and Manager, Emadeb, Mrs. Olugbesoye Olujimi at the unveiling of Emadeb Energy Services Ltd retail outlet in Abuja…recently JULIUS ATOI

NNPC: Nigeria’s 192tcf Proven Gas Reserves Sustainable for Only 36 Years Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has said that Nigeria’s proven gas reserves of 192 trillion cubic feet (TCF) can only sustain the country’s plan to generate 20,000 megawatts (MW) of power and provide gas to guarantee 64 -metric tonne per annum (MTPA) growth in Liquefied Natural Gas (LNG) supplies for 36 years.

The Corporation stated that going by Nigeria’s gas development plans, the reserves would need to be improved on.

It however explained if nothing is done, and demands on gas remains at the current 3,000MW and 22MTPA, the reserves will last for 65 years.

The corporation’s Group Managing Director, Dr. Maikanti Baru stated these in an industry address he delivered at the 13th

ENERGY annual conference and exhibition of the Nigerian Gas Association (NGA) held recently in Abuja.

Baru said Nigeria needs to quickly develop new gas sources, adding that the country has up to seven huge sources which the NNPC is looking at as possible areas for investment to be channeled.

“The gas reserves in Nigeria currently stand at 192TCF. With the demand growth we will witness a sharp decline in reserve unless something is done to arrest the decline,” said Baru.

He further explained: “The US department of energy indicated that with enhanced exploration activities Nigeria’s reserve could reach 600TCF. Consequently an aggressive exploration campaign will have to be launched to discover more gas to meet

the envisaged demand.

“With 22MTPA of LNG and about 3GW of thermal power generation, the reserve of 192TCF could only last for 65 years. However, if we consider the growth case of 64MTPA of LNG and 20GW of thermal power generation capacity, the reserve of 192TCF will only last for 36years. The message is, we need to launch an aggressive exploration campaign.”

He noted that there are several gas acreage distributions that the country could embark on to quickly grow its reserves base. These acreages, he indicated are up to 209 in number and scattered across the Benue Trough, Anambra Basin and others.

“To increase our reserve therefore, we need to expand the areas for exploration for gas. The frontier basins need to be explored more aggressively.

These basins include the Chad basin (40 blocks), Benue Trough (41 blocks), Anambra Basin (12 blocks), Sokoto Basin (28 blocks), Bida (17 blocks) and Dahomey (37 blocks). The Niger Delta (34 blocks) also needs to be explored further. There are about 200 oil and gas open acreages for allocation across different terrain in the country.”

Meanwhile, the NGA has said that an enabling operational environment could provide the right incentive to seamlessly align the gas sector with power sector.

A communique from the conference stated that fixing the gaps between the gas and power sector would help drive gas-based in the country.

“The conference pointed the need to fix urgently the Continued on page 22

Oil Companies Cut Upstream Expenditure by $100bn in Five Years Ejiofor Alike Capital expenditure (Capex) in the oil and gas industry in sub-Saharan Africa has been cut by $100 billion over the next five years, according to Wood Mackenzie’s latest report on upstream activity in the region.

The new report revealed that deepwater has suffered the deepest Capex cuts due to its high breakeven price relative to other sectors and identified Nigeria and Angola as having endured the worst of these cuts.

As a result, Wood Mackenzie

ENERGY predicted that sub-Saharan African liquids production will decline to 2.6 million barrels a day by 2030, from 4.8 million barrels a day presently.

While acknowledging that the giant Owowo discovery made

by ExxonMobil in deepwater Nigeria shows the quality of resources Sub-Saharan Africa still has to offer, the report added that the major oil companies that heavily invested in Sub-Saharan Africa account for the bulk of the capex cuts.

For operators with deep

pockets, the report identified Mozambique, Angola and Nigeria as leaders in upstream mergers and acquisitions (M&A) opportunities.

The report however noted that the M&A market has slowed down as buyers and sellers are unable to align on asset values due to oil price volatility. According to the report, “deal activity may see an uptick if prices remain low for longer, as companies opt to divest non-core assets.”

Wood Mackenzie further revealed that exploration cuts will contribute to 46 per cent

oil production decline by 2030, adding that governments in Sub-Saharan Africa need to revive the industry with attractive fiscal terms.

The report described East Africa’s emergence as a major global gas region as the industry’s biggest recent success in Sub-Saharan Africa Speaking on the report, the Senior Research Manager for Sub-Saharan Africa at Wood Mackenzie, Mr. Femi Oso stated that exploration cuts in the region would lead to long-term slump in crude oil Continued on page 22

Nigeria LNG Limited has said that it has so far awarded a total of 3,053 scholarships to Nigerian students as part of its education intervention programme for deserving students at Post Primary, Undergraduate and Post Graduate levels of education.

The latest set of 10 beneficiaries - among whom is a visually impaired female law graduate from Bonny Island, NLNG’s primary host community,- were awarded the Overseas Post Graduate Scholarships at a ceremony hosted recently in Port Harcourt. This batch of the Post Graduate Scholarships beneficiaries brings to 48, the total number of such awards since the commencement of the scheme in 2013.

The beneficiaries from all over the country, who emerged via a rigorous qualification exercise involving more than 2,000 applicants, shall be pursuing further education in specialty areas in top universities in the United Kingdom.

Speaking at the occasion, the General Manager, External Relations of Nigeria LNG Limited, Dr Kudo Eresia-Eke said, “The goal of the Nigeria LNG Post Graduate Scholarship Scheme is to provide support for the development of competent professionals who will bridge the specialists’ manpower gap in the country, especially in high profile fields of Engineering, Geosciences, Environmental Studies, Management Sciences, Information Technology, Law and Medicine at Masters Level only.”

Volkswagen to Recall 2.6m Cars

Volkswagen has received regulatory approval for technical fixes on more cars in Europe affected by its diesel emissions scandal, it said at the weekend, meaning it can now recall another 2.6 million vehicles.

Volkswagen (VW) admitted last year it had installed software that deactivated pollution controls on more than 11 million diesel vehicles sold worldwide.

In Europe, home to around 8.5 million of the affected vehicles, it has agreed to recalls to implement technical fixes.

German motor authority KBA had already approved fixes for around 5.6 million VW group models with 1.2-litre and 2.0-litre engines, which required only a software update on pollution control systems.

Fixes for the 1.6-litre TDI engines of type EA 189 that were cleared on Friday also require a mesh to be installed near the air filter. KBA’s approval is valid for countries throughout Europe.

The emissions scandal rattled VW’s global business, damaged its reputation and prompted the departure of its CEO. In the United States, VW is spending up to $16.5 billion to settle with nearly 500,000 customers and government regulators. But it has rejected calls from the European Commission for similar compensation for car owners in Europe.

Exxon’s Bid for InterOil in Doubt

InterOil Corp said at the weekend that an appeals court in Canada had overturned approval of the natural gas producer’s $2.5 billion sale to Exxon Mobil Corp, throwing the deal’s viability in doubt.

The Supreme Court of Yukon ruled for Phil Mulacek, InterOil’s founder and second-largest shareholder, who had objected to the all-stock deal announced in July.

The Supreme Court approved the deal in early October, but Mulacek filed an objection saying it did not properly remunerate InterOil shareholders.

InterOil is incorporated in Yukon, Canada, with operations in Papua New Guinea and headquarters in Singapore.

An InterOil representative said on Friday that Canadian approval was all that remained to close the deal.

Exxon representatives were not immediately available for comment. A representative for Mulacek was not immediately available for comment.

“The big challenge for people who are investing in the gas sector today is the worry about payment risk” Chief Executive Officer, Seven Energy, Mr. Phillip Ihenacho

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

BUSINESSWORLD NNPC: NIGERIA’S 192TCF PROVEN GAS RESERVES SUSTAINABLE FOR ONLY 36 YEARS

dysfunctional gas to power value chain to attract the required investment in the sector especially legacy debts and the mismatch in the investment and revenue currency as well as the sanctity of contracts and agreements.

“The illiquidity of the power market requires urgent attention. We suggest a rethink of the quality and capitalisation of current players and a readjustment of the tariff structure may be required. Without a doubt, we must find creative securitisation mechanisms that improve bankability,” said the communique.

OIL COMPANIES CUT UPSTREAM EXPENDITURE BY $100BN IN FIVE YEARS

production.

“Exploration cuts in the region will also contribute to a longer-term production slump as explorers have shied away from greenfield prospects, in favour of appraising known discoveries.

However, the confirmation of the giant Owowo discovery in deepwater Nigeria shows the quality of resources that Sub-Saharan Africa still has to offer,” Oso added.

Wood Mackenzie expects a slow recovery for exploration, adding that operators will benefit from cost deflation and will improve efficiency through streamlining project design.

“Governments in SubSaharan Africa need to revive the upstream oil and gas industry by offering attractive fiscal terms rather than look to increase state revenues in the current climate,” Oso added.

Wood Mackenzie described East Africa’s emergence as a gas region of global importance as the biggest upstream success story in Sub-Saharan Africa.

“With over 168 trillion cubic feet of gas found and limited regional demand, East Africa is on track to become a major global LNG supplier and various export projects are awaiting final investment decision,” said the report.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

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Comms/e-Business Editor

Emma Okonji

Capital Market Editor

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Senior Correspondent

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

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NEWS

CBN Disburses N3m to Rice Farmers in Cross River Kasim Sumaina in Abuja As part of efforts to encourage rice production in the country, the Central Bank of Nigeria (CBN), under its Anchor Borrowers Programme (ABP), has disbursed about N3 million to farmers in Cross River State Government, who are involved in rice farm cultivation.

This was revealed by the Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele who was on assessment visit with the Presidential Taskforce on Wheat and Rice Production to one of the rice farm in the state recently. He noted that it was to ensure that the country becomes self-sufficient in rice production and be able to produce rice, tomato, wheat and other Agricultural products to feed the people.

According to him, I want to thank the Cross River State, particularly the governor for joining the train to say, let’s feed our people. I’m very delighted to be here and I say, we will do well; we just need to be patient.

“I was reading in the paper where someone said that it will take us five years to be able to become self-sufficient in rice, I’m going to tell him that it’s a bad news that, that person has because, in the same paper, the Rice Farmers Association themselves came out to say that economy sabotage are in rice production and that we all need to stand and rise against them.”

Emefiele stated that for the Cross River State Government, the CBN has disbursed close to about N3 billion Naira, which is meant to support the Anchor Borrowers farmers, who are involved and which rice farm cultivation we are commissioning.

He said: “And I am going

to tell you that we are going to rise above all these and we are going to be able to produce rice, tomato, wheat and other Agricultural products to feed our people. We don’t have a choice but to move in this direction.”

He further explained that the federal government has not stopped the Importation of rice into the country but, “You see, the truth is that, not that we stopped the Importation of rice because we cannot say that we are stopping it but, what we have done is that, we have restricted foreign exchange allocation for those who wants to import rice and as a result of that restrictions, it has given a lot of encouragements to our

farmers and not just through the Anchor Borrowers Programme.

“There are people who were into rice farming before Importation flooded our country. Now, everybody is beginning to jump into the game and they have beginning to see now that they can also be wealthy been rice farmers and that is the message we are trying to pass across.”

Speaking also, The Chairman, Presidential Taskforce on Wheat/Rice Production, and Governor, Kebbi State, Sen. Atiku Bagudu in while commissioning one of the rice farm said, I’m quite honoured to be in Cross River as part of the tour to see the effort been undertaken by the different states and how to be

The Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote, has said that the review of tenders and other approvals by the agency would now be executed on strict timelines as part of new measures to shorten the protracted contracting cycle in the oil and gas industry and revitalise the implementation of Nigerian Content.

Speaking in Abuja at the recent Nigerian Gas Association’s 2016 International Gas Conference and Exhibition, Wabote hinted that the Board would introduce speed and simplicity into its approval processes to ensure that Nigerian Content reviews and approvals do not delay the execution of projects and not escalate the cost of crude oil production.

“We will strike a balance; we will not stop reviewing tenders but we will also ensure that projects are executed speedily, Nigerians benefit and there are in-country value additions,” he added.

While commending past

friends and what we saw here is quite impressive and I am not surprised because I know when President Muhammadu Buhari came to Cross River, he has a disciple in Prof. Ben Ayade and he called and that he called for us to feed ourselves, I know, Cross River is one of those States that took that very seriously and what we are seeing here is an evidence of that.”

Responding, the Governor of Cross River State, Prof.

Ben Ayade said, for me, it is a great opportunity to work with my brother, his excellency, the executive governor of Kebbi State, Sen. Atiku Bagudu and my brother, Mr. Godwin Emefiele, the CBN Governor.

WOMEN OF SUBSTANCE

L-R: Marketing Skills Development Executive, British American Tobacco Nigeria (BATN), Enarime Mueller; Area Head of Strategy, Planning and Insights, BATN, Maureen Adeiye; Area Head, Corporate Affairs, BATN, Oluwaseyi Ashade and Area Commercial Controller, BATN, Abisola Adefarati, at the 2016 WIMBIZ Conference held in Lagos…recently

NCDMB Reviews Implementation Strategies, Contracting Cycles Ejiofor Alike

self-sufficient in rice production.

Atiku disclosed that, “Last year in November 17, President Muhammadu Buhari graciously launched the Anchor Borrowers Programme which is the Central Bank of Nigeria’s Assisted Initiatives to provide adequate financing to our Agricultural sector so that we can be selfsufficient in some crops so that we can even begin to export them especially those for which we utilise foreign exchange to import.

According to him, “A number of states, Anambra, Niger, Kebbi and today; Cross River. Cross River is home to me because, Prof. Ben Ayade, the Executive Governor and I, we are in the Senate together and we are

Executive Secretaries of the Board for the achievements they recorded while on the saddle, Wabote stated that NCDMB would begin to review its performance since the enactment of the Nigerian Content Act in 2010 and to set agenda for local content value addition in the next five years.

He noted that the Board would adopt a pragmatic approach adding that “our strategy will take into account the current realities in the industry, the job creation drive of the Federal Government and national aspirations for the oil and gas industry provided in the 7 Big wins document launched by Mr. President.”

He charged industry stakeholders, local service providers, particularly members of the Petroleum Technology Association of Nigeria (PETAN) to embrace proposals for longer contract tenure of at least five years to support the reduction of the contracting cycle, capacity building and asset acquisition.

He challenged PETAN to articulate a sustainable Community Content Strategy

that would facilitate the participation of genuine community contractors in oil and gas projects so as to promote peace and tranquility in oil producing communities.

According to him, Nigerian Content activities must go beyond the project phase and extend through the life cycle of projects. On the part of the Board, he also pledged develop a policy on Community Content to integrate community contractors in ancillary activities supporting the oil and gas industry.

Other speakers at the event including the former Managing Director of the Nigerian Liquefied Natural Company (NLNG) Mr. Chima Ibeneche also reinforced the message that a properly articulated and executed Local Content policy would lead to cost reduction for operating companies.

On his part, Chairman of PETAN, Mr. Bank-Anthony Okoroafor charged the Board to speed up the lending from the Nigerian Content Fund (NCDF) to deserving service companies in support in-country value addition. He also called for the abolition of call-off contracts.

FG Urged to Fine-tune FX AdministrationforPetrolImports Chineme Okafor in Abuja A former Executive Secretary of the Petroleum Products Pricing Regulatory Agency (PPPRA), Mr. Reginald Stanley has said that the federal government’s foreign exchange facility for importation of petrol into the country was a good intervention in the downstream petroleum sector, but that its administration should be fine-tuned.

Speaking when he commissioned the new mega petrol service station built by Emadeb Energy Services in Abuja, Stanley advised that the government clear out certain administrative bottlenecks in providing forex to marketers.

He said those bottlenecks were preventing its liberalisation of the sector from taking a full course. According to him, when forex approved for marketers are delayed from getting to their banks to enable them open letters of credit for orders placed, the volatility associated with petrol importation will eventually affect the tonnage imported by marketers.

“The FX challenges are national whether you are manufacturing or importing, but the government has done very

well by providing intervention forex for the downstream to make sure that it keeps running.

“The only little lacuna here is that the forex needs to be made to work. There is a little bit of administrative bottlenecks here and there that need to be untangled and as soon as you do that, it will work well. The intervention is great but the application has to be fine-tuned,” said Stanley.

“The way the forex is being given today, there is a timing issue. If you are given forex on a Monday and the price of PMS is $450 per tonne but that forex does not get into your account for letter of credits to be opened until Friday, it means there is a time difference of four days and unfortunately there is volatility in the market place because by Friday the price would have moved up to $500 and marketers will bring less quantity. That underpins why a good number of marketers are unable to import petrol.”

He said the opportunities in the country’s downstream petroleum sector has continued to grow, adding that investments have being upgraded to include mega, multifunctional service stations like that of Emadeb.

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

BUSINESSWORLD

ENERGY

Task Before NERC’s Commissioners

Seven commissioner-designates of the Nigerian Electricity Regulatory Commission were nominated in July by President Muhammadu Buhari. While the Senate is yet to confirm them, Chineme Okafor writes that they have a clear job to do at the commission whenever they assume office In July, President Muhammadu Buhari nominated Akintunde Ibitayo Akinwande, a professor in the Electrical Engineering and Computer Science Department of the Massachusetts Institute of Technology (MIT), as the Executive Chairman of the Nigerian Electricity Regulatory Commission (NERC).

Along with six others, Akinwande will succeed the Sam Amadi-led board of NERC commissioners whose tenure ended in December 2015.

But while the Senate is yet to confirm this new set of commissioners, THISDAY spoke with experts and operators in the country’s electricity market on what the industry expects from the nominees and the need for the incoming commissioners to creatively regulate the industry with absolute compliance to the dictates of the Electric Power Sector Reform Act (EPSRA) 2005.

Their clear statutory tasks First, their responsibilities as contained in the EPSRA are clear, and include helping the Regulator accomplish its objects and functions.

From the Act, they are to ensure that NERC creates, promotes, and preserves an efficient industry and market structures; and ensures optimal utilisation of resources for the provision of electricity services.

The new team is equally expected to help the Regulator maximise access to electricity services by promoting and facilitating consumer connections to distribution systems in both rural and urban areas NERC commissioners also ensure that an adequate supply of electricity is available to consumers and that the prices charged by licensees are fair to consumers as well as sufficient to allow the licensees to finance their activities and earn reasonable profits.

They are to also ensure that safety, security, reliability, and quality of service in the production and delivery of electricity to consumers is optimum.

It is also the duty of the regulator to ensure that regulation is fair and balanced for licensees, consumers, investors, and other stakeholders; as well as promote competition and private sector participation, when and where feasible in the sector. When they resume, they will equally be required to establish or approve appropriate operating codes for safety, security, reliability and quality standards; establish appropriate consumer rights and obligations regarding the provision and use of electric services; and provide more licenses and regulations for persons engaged in the generation, transmission, system operation, distribution, and trading of electricity in the country.

Apart from these, they are to also approve amendments to the market rules, which guide the behaviours of operators in the industry, and monitor the operation of the electricity market.

Expectations of the market The competence of the incoming commissioners, from comments shared by market operators with THISDAY would be judged by their first moves and how fast they would be in setting out with their tasks.

Already, the country’s electricity market is not in a very healthy condition. It has its liquidity challenges to contend with; unexpected but hidden government interference in market processes, as well as systemic acts of individuality and blame shifting, all of which ensure that very little achievements are recorded from time to time.

As explained by Prof. Chidi Onyia, who leads the Power Sector Team at the Nigeria Infrastructure Advisory Facility (NIAF), the degree to which the Regulator is independent and takes evidence-based decisions, for the benefit of all the stakeholders in the electricity market, is the degree to which the privatised electricity market will endure, be efficient and equally profitable.

“One of the key things that the Regulator should do is to work based on evidence, be more proactive rather than reactive and take out time to work with stakeholders within the market. They are coming newly and the market operatives are more experienced because they

Transmission Substation have been here longer while the new appointees may not have so much regulatory experience in Nigeria and so, there will be a learning curve.

“They have to work hard to restore market confidence. We think this can be done quickly by following appropriate regulatory practice in the market,” said Onyia in his advisory to the incoming NERC board.

Similarly, the working relationship between NERC and other stakeholders has been collaborative and consultative. Over the years, the Regulator has indicated its willingness to adapt and fit its regulations to the realities of the market where required, and the new commissioners must ensure this is sustained.

NERC has also flexed its muscles to check entrenched interests of the old Power Holding Company of Nigeria (PHCN) by demonstrating its commitment to both the market and consumers. It has wielded the big stick when needed, and this too must be sustained by

Already, the country’s electricity market is not in a very healthy condition. It has its liquidity challenges to contend with; unexpected but hidden government interference in market processes, as well as systemic acts of individuality and blame shifting, all of which ensure that very little achievements are recorded from time to time

Akinwande and his team.

Another very important task, which the new board must strive to accomplish in good time, is the mending of fences between the NERC and the market’s technical regulator – the Nigerian Electricity Management Services Agency (NEMSA).

The Akinwande-led team must realise that the hallmark of the legal and regulatory framework of successfully deregulated industries has always been the existence of a regulatory authority furnished with comprehensive powers.

The new NERC team should also appreciate that the government decided to share this comprehensive powers between the NERC and NEMSA, with the intention of creating a sound industry.

This action was seen as a duality and thoroughly resisted by the Amadi-led team amongst others, though on fair and reasonable grounds, thus creating some volumes of power struggles and uncertainty. But the new commissioners must seek for better ways or processes to engage and work with the NEMSA, rather than continuing on the old path.

A clearly defined terms of engagement with NEMSA could create a win-win for the industry.

The new team must understand that clearly, a continuation on this will create uncertainty and confusion for the market and private investors to make investment. The sector at this moment or any other time cannot afford to have such developments linger.

Other tasks which the new commissioners would be expected to take up as they resume will also include conclusion of the consultation and ratification of the mini-grid regulation to enable investments in that segment of the sector, sustained pressure on the electricity distribution companies (Discos) to improve on their metering of consumers, as well as taking up for good the government’s plans for renewable energy with a view to improving on its deployment in Nigeria.

Unveiling the new commissioners According to his academic profile, Akinwande who will succeed Amadi as NERC’s chairman is a professor in the electrical engineering and computer science department of the Massachusetts Institute of Technology, Cambridge, MA. He received a B.Sc. (1978) in electrical and electronic engineering from the University of Ife, Nigeria, a MS (1981) and Ph.D. (1986) in electrical engineering from Stanford University, Stanford, California.

He reportedly joined Honeywell Inc. in 1986 where he initially conducted research on GaAs Complementary FET technology for very high speed and low power signal processing, and later joined the Si Microstructures group where he conducted research on pressure sensors, accelerometers, thin-film field emission and display devices.

Akinwande joined MIT’s Microsystems Technology Laboratories (MTL) in January 1995 where his research focuses on micro-fabrication and electronic devices with particular emphasis on smart sensors and actuators, intelligent displays, large area electronics (macro-electronics), field emission and field ionization devices, mass spectrometry and electric propulsion.

He is also a recipient of the 1996 National Science Foundation (NSF) Career Award, and holds numerous patents in microelectromechanical systems (MEMS), electronics on flexible substrates, and display technologies.

Musiliu Oseni (south-west nominee), has a BSc in economics (first class) from University of Ibadan in 2007; MSc energy economics and policy (with distinction) from University of Surrey, UK, 2010 and PhD in business energy economics in 2015 from the University of Cambridge, UK. Dafe Akpeneye (south-south nominee) is a 2001 law graduate from Obafemi Awolowo University and currently the Director, Regulatory Services/General Counsel, West Africa for PricewaterCoopers Nigeria.

Okafor Nwoye (south-east nominee) is a professor in the department of electrical engineering, University of Lagos. He is a specialist in power systems and control.

Sanusi Garba (north-west nominee), got a Bsc in engineering from Ahmadu Bello Univeristy (ABU), Zaria in 1974, and a master’s in industrial management from the University of Birmingham in 1980.

Nathan Shatti (north-east nominee) is a former commissioner for finance in Adamawa state.

He is also a Fellow of Chartered Accountants, and was formerly with Exxon Mobil in several countries in Europe and East Africa before becoming manager, treasury and banking services in Mobil Oil Nigeria Plc in 2006. He graduated in accounting from ABU Zaria in 1990.

Moses Arigu (north-central nominee) is currently the GCS Partner vice-president (capital markets technology and operations), Royal Bank of Canada. Before then he was with JPMorgan Chase (Investment Bank, New York). He was also with Credit Suisse (Swiss Bank, New York), from 2005 to 2007.

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

BUSINESSWORLD

ENERGY

As Buhari Unveils ‘7 Big Wins’ in Oil and Gas Sector The recent oil and gas industry roadmap unveiled by President Muhammadu Buhari has the potential to address the challenges retarding growth of the sector. Ejiofor Alike, however, reports that this laudable initiative of the Minister of State for Petroleum, Dr. Ibe Kachikwu may fade into oblivion like other previous reform initiatives, if the implementation is not driven by business motives A major challenge in the attainment of set targets in the previous initiatives by the federal government to grow the oil and gas sector was lack of political will in the implementation of the initiatives.

While the formulations of previous reform programmes were business-motivated, the implementation had suffered encumbrances emanating from political considerations.

For instance, the Local Content Policy was carefully developed by the administration of former President Olusegun Obasanjo with a target to domicile 40 per cent of oil and gas expenditure in-country by 2007 and 70 per cent by 2010.

However, the government could not muster the political will to enforce the industry’s buy-in into the programme until April 22, 2010 when former President Goodluck Jonathan signed into law, the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, better known as Nigerian Content Act. With weak implementation strategy, the country managed to achieve less than 10 per cent as at 2010 when the country was supposed to attain 70 per cent local content set target.

Also the reform initiated by Obasanjo in 2000 to overhaul Nigeria’s oil and gas sector, which led to the enactment of the Petroleum Industry Bill (PIB), has not been successfully implemented as the reform bill was not passed 16 years after it was initiated and eight years after the first version was submitted to the National Assembly by the late President Umaru Musa Yar’Adua.

One of the objectives of the reform was to grow Nigeria’s crude oil reserves and daily production to 40 billion barrels and four million barrels per day, respectively.

However, with the failure of the federal government to implement the reform, investments in the sector nosedived with both reserves and daily production currently hovering around 36 billion barrels and 2.1 million barrels, far below the 2010 targets. Since 2008 when the reform bill was first submitted to the National Assembly, oil and gas companies have withheld huge investments, citing lack of clarity of terms as a result of the non-passage of the bill.

Nigerian gas master plan Another comprehensive policy to boost Nigeria’s gas sector was the Gas Infrastructure Blueprint approved by the Federal Executive Council (FEC) during its then bi-weekly meeting on February 13, 2008. The blueprint was a very bold attempt by the late Yar’Adua’s administration to develop Nigeria’s domestic gas market through the expansion of gas supply infrastructure with projected inflow of at least $30 billion investment.

Before FEC approved the blueprint, the late President Yar’Adua had approved three guidelines to ensure the realisation of this vision.

These guidelines include: the Gas Pricing Policy; the Domestic Gas Supply Obligation (DSO) regulation, and the Nigerian Gas Infrastructure Blueprint.

The three inter-related approvals constituted the ambitious Nigerian Gas Master Plan targeted at pursuing three-pronged strategies - stimulating the multiplier effects of gas in the domestic economy; positioning Nigeria competitively in high value export markets, and guaranteeing the long term energy security of Nigeria.

To achieve his vision in the gas sector, the late President had created the Ministry of Energy (Gas) distinct from the Ministry of Energy (Petroleum) and appointed different ministers to oversee the gas and petroleum ministries.

The Domestic Supply Obligation under the Gas Master Plan mandates oil companies to set aside a pre-determined amount of gas reserves and production for the domestic market.

Buhari It also stipulates that the Minister of Energy (Gas) should determine the requisite amount of gas periodically for a period lasting about five to seven years.

Under the gas master plan, all the operators were required to comply with their obligations or face penalty of $3.5/mcf of gas under supplied, restricted export or both as the Minister of Energy (Gas) may decide.

FEC had also approved the short term gas supply proposed by the Gas Master Plan to double domestic gas availability to 1400mmcf/d by end 2008; triple it to 2050mmcf/d by end 2009.

With this plan, power generating capacity was projected to hit 4,500 megawatts (excluding hydro) by end 2008 and 6, 200MW (excluding hydro) by end of 2009.

However, the late Yar’Adua’s successor did not show equal commitment as the Ministry of Energy (Gas) was scrapped and powers concentrated on a Minister of Petroleum at the detriment of the Nigeria’s gas development.

With the slow implementation of the Nigerian gas master plan, power generation is still around 4,000MW against the 6,200MW targeted for 2009, as many power plants are still idle due to lack of gas to fire turbines, while the projected $30 billion investment is not forthcoming.

Kachikwu’s 7 big wins For the oil and gas sector to grow, Kachikwu had recently developed a new policy document couched in ‘The 7 Big Wins,’ that will compressively address the issues of policy and regulation, business environment and investment drive, gas revolution, refineries and local production capacity, Niger Delta and security, transparency and efficiency, as well as stakeholder management and international co-ordination.

To guarantee the security of the oil and gas assets, Kachikwu said President Muhammadu Buhari would launch a $10 billion infrastructure development fund for the oil-rich but restive region.

“We are launching $10 billion infrastructural rebirth investment programmes in the Niger Delta region. This is not money that is going to come strictly from the federal government. It is going to come from investors, individuals who are ready to do private sector infrastructure, obviously states and federal governments as

Kachikwu the case may be and international organisations who have shown interest to help,” he had said.

Speaking on the expected impact of the new roadmap, Kachikwu said investments in Nigeria’s oil and gas sector, which took a downturn in the recent past would soon pick up following the conclusion of a review of the country’s Joint Venture Cash Call (JV) framework.

According to him, on the back of the review, a lot of oil and gas investors are pushing to come back and invest heavily in the country’s oil and gas sector. He said that there would be an explosion of investment in the sector soon.

Kachikwu also said there were plans by the government to review the mechanism of securing oil and gas installations in the country to conform with standard practices as obtained in other oil and gas producing climes.

He said each time he projected a rise in the country’s oil production to 2.2 million barrels per day (mbpd) and 3mbpd, they were based on the fact that the JV structure had been reviewed and funding issues sorted out.

“On the issue of JV cash call, we have done a yeoman’s job. We are nearing completion of those negotiations, it would go to the FEC and it does not require a law. Those things are basically MoUs,” he said.

While launching the roadmap, President Buhari had said notwithstanding his administration’s much talked about diversification as the main tool for putting the economy on the path of sustainable growth, Nigeria would have to depend on oil and gas revenue to get out of the current economic recession. According to him, despite the fall in oil price, oil and gas resources remained the most immediate and practical keys out of the country’s present economic crisis.

“As important as it is to ensure that agriculture, solid minerals and other critical sectors of the economy are supported to grow and contribute more to the nation’s economy, we still need a virile and efficient oil and gas industry to take care of our foreign exchange requirements,” Buhari said.

According to him, an efficient oil and gas sector remains a national imperative and a core thrust of his economic policy, adding that the petroleum industry remained critical to the Nigerian economy of today and the future,

despite current challenges.

The president also admitted that oil and gas still remained a critical enabler for the successful implementation of his budget as well as the source of funds for laying a strong foundation for a new and more diversified economy.

The president said the task before the Ministry of Petroleum Resources was to maximise the potentials and opportunities across the whole range of the oil and gas industry to stimulate the economy in spite of the current challenges.

According to him, there is also a dire need to instill a new culture of transparency and efficiency in the industry, streamline operations along best practices by championing and implementing strategic reforms at every layer of the industry.

Buhari said that if Nigeria was able to plug the leakages, and tighten loose systems that characterised the industry in the days of high oil prices, the country could do more with the little that it is getting at the moment than in the time of plenty.

The president noted that recent developments in the Niger Delta had temporarily limited the nation’s oil and gas production and supplies.

Kachikwu’s vision behind the ‘7 big wins’ is indeed laudable and given the speed and passion with which he had pursued and successfully addressed some of the issues in the policy document, particularly the issues of transparency and efficiency in the NNPC, as well as robust engagement with the Niger Delta, it is expected that the country will derive the targeted benefits from the new roadmap.

Since assumption of office, Kachikwu has successfully implemented series of reforms that did not require legislative interventions.

Kachikwu’s previous initiatives had stabilised the supply of petrol in the country, enthroned a regime of transparency at the Nigerian National Petroleum Corporation (NNPC), reorganised the state-run oil company and opened up the corporation to public scrutiny.

For the first time, NNPC started a monthly publication of its accounts.

With the political direction provided by President Buhari, the petroleum minister has also given Nigeria voice in the global energy politics. It is therefore expected that political interferences will not truncate the implementation of the ‘7 big wins.’

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

BUSINESSWORLD

ENERGY

NERC’s Preliminary Report Indicts Abuja Disco on Lugbe Electrocution Chineme Okafor in Abuja A preliminary report of the investigation conducted by the Nigerian Electricity Regulatory Commission (NERC) on the cause of a July 2016 electricity accident, which claimed three lives and injured over five others in the densely populated suburb of Lugbe area of Abuja has revealed that Abuja Electricity Distribution Company (Disco) which supply electricity to the area may be culpable.

The report of the investigation, according to NERC discovered that Abuja Disco breached the Regulator’s codes on operating its network within the Tudun Wada area.

NERC’s acting Chairman, Dr. Anthony Akah told THISDAY in an exclusive interview that the Disco had erred by delivering power to the area via an unsafe network.

He said for that reason and many others, an enforcement action could be meted to it when the final investigative report is submitted.

“The Lugbe incident is an accident that reflects the generally poor distribution network in Nigeria. The network, upon investigation is totally at variance with the distribution code and all other regulations bothering on safe

delivery of power,” said Akah.

He stated: “Ordinarily, by now, we would have concluded the enforcement action on Abuja Disco if found guilty. We have done our preliminary investigation which shows that Abuja Disco is culpable by delivering power via a distribution network that is significantly at variance with the distribution code.”

Akah said for the unnecessary intrusion of lawyers who claim representation for the victims of the electrocution, and the subsequent court cases from therein, the commission would have concluded with the Lugbe electrocution and awarded the necessary penalties.

“Necessary sanctions would have been taken by the commission including compensations but as we speak, we regrettably have more than 10 lawyers with multiple court cases claiming to represent the victims and community and in some instance to the disagreement of the victims and communities.”

“When these cases go to court, the commission takes a back seat because we won’t go against the court proceedings.

“We however appeal to Nigerians on this, that when incidents like this happen,

Ibadan Disco Commits N5.5bn on Network Expansion in 12 Months Ejiofor Alike The Ibadan Electricity Distribution Company (IBEDC) has committed to invest N5.5 billion in the expansion of its network and supply of meters to all categories of customers between January and December 2016.

Speaking during a joint press conference to display a total of 210 11KVA panels; 33KV Circuit breakers and other equipment procured at the cost of billions of Naira to develop its network, the Managing Director of the company, Mr. John Donnachie, and his deputy, Mr. John Ayodele revealed that the company had spent a total of N4.5 billion on metering and N1 billion on equipment for network development.

On his part, Donnachie said the new equipment would be used for some of the 122 substations within its franchise coverage area.

“We are focused on metering and we will ensure that we develop proper metering programmes for our customers so that we can get out of estimated billing, and that is going to take some time.

We have spent about N4.5bn on metering so far this year, and we will continue to drive this progress. The other key element is the network development, and what we are here to do today is to share what we are trying to do in this regard.

You are going to see investment of over N1bn that just arrived in order to enhance customer service through network stabilisation and network

development,” Donnachie said.

Speaking at the press conference held at the Eleyele 2x15MVA 33/11KV injection substation, Ayodele said the IBEDC had put in place a new billing system to improve customer service.

He said the cost of running the business had increased dramatically, adding, “Our bill last month from the generator was N5.7 billion, compared to N3 billion in May. We could only charge N6 billion to the customers.

So, if we collected 100 per cent of everything that we billed, we will not be able to pay salaries with the money left over,” Ayodele said.

According to him, the company loses at least N1.8 billion monthly or 30 per cent of N6 billion due to refusal of customers to pay their bills.

“We are begging our consumers to please pay us, if the consumers of electricity don’t pay their electric bills, then there won’t be money to fund the project because we can say that a minimum of 46 per cent of our customers are not paying.

One way or the other they get electricity and this is not fair to the industry,” he explained.

“Fundamentally, the liquidity issues in the business are well known.

We are short at list a trillion naira in the industry, we currently have issues around last year and the exchange issues are currently affecting us and we have no way of currently collecting the money that people owe us,” he added.

lawyers should stay away because there is already a commission with the ample power to impose sanctions and resolve these issues,” he added.

Akah noted that: “The

communities that get lawyers create problems because the commission will stay back and allow the Discos defend themselves in the court for as long as it will take them in court.

“The lawyers are not helping the communities, we treated the case in Lagos without unnecessary court cases or payments to any lawyer, there are precedents to show that the commission

is up to its task in protecting consumers from bad practices of operators. The Regulator does these free of charge, and so people don’t need lawyers to get their claims rectified,” he added.

OIL AND GAS INDUSTRY CHIEFTAINS

L-R: MD, Nigerian Gas Processing and Transmission Company and 1st Vice-President NGA, Mr. Tunde Bakare; Head, Markets & Partners, Oil & Gas Total E&P and Secretary General NGA, Mrs. Mina Abiodun; MD, Frontier Oil and President NGA, Mr. Dada Thomas; MD, Oando Gas & Power and immediate past President NGA, Mr. Bolaji Osunsanya and Co-Founder, Falcon Corporation Limited and 2nd Vice President Nigerian Gas Association, Mrs. Audrey Joe-Ezigbo at the Nigerian Gas Association 10th International Conference and Exhibition in Abuja…recently

Niger Delta Nationalities Forum Seeks Buhari’s Intervention in OPL 245 Dispute Ejiofor Alike The Niger Delta Nationalities Forum in Lagos has urged President Muhammadu Buhari to intervene in the protracted dispute involving Oil Prospecting Lease (OPL) 245, stressing that it is an act of injustice that the only oil block awarded to an indigene of Niger Delta by the late General Sani Abacha has become a source of unending dispute. The Forum also lauded the federal government’s decision to dialogue with leaders of Niger Delta region to find solution to the crisis in the region, describing it as the best option for the country.

Speaking to journalists in Lagos at the weekend, the Chairman of the Forum, Mr. Seigha Manager said the people of the region were grateful to the late General Sani Abacha for creating Bayelsa State and allocating three oil blocks to the deserving Nigerian citizens from the Southeast, Northeast and South-south (Niger Delta).

He identified the three oil blocks as Oil Prospecting Leases (OPLs) 244, OPL 245 and OPL 246. According to him, OPL 245 was the only oil block allocated to a Niger Delta citizen.

“While the other two have enjoyed peace and tranquility in the hands of their owners, that of the Niger Delta citizen, OPL 245, is akin to a bird standing on a tiny rope. Neither the bird nor the rope has seen peace till date. It is the only oil block that every passing regime has poked into simply because the allottee is a Niger Deltan. It is the only oil block that has been allocated, cancelled, later returned to the allottee and then is under probe at any given time. All of this is happening because the allottee is from the Niger Delta, yet the owner does not fall in the bracket of rich

persons in Nigeria not to talk of Africa. There are other issues like that,” Manager said.

He argued that the allegation by Senator Ita Enang that about 85 per cent of oil blocks were allocated to northerners and others to the exclusion of Niger Deltans was not a false allegation, adding that the only oil block allocated to a Niger Deltan has become a source of dispute. He urged President Buhari as a man of integrity to intervene in the OPL 245 matter.

“Even when these oil blocks are domiciled in our backyard where the oil exploration and exploitation activities affect our people, other Nigerians do not think we deserve to own anything relating to oil in the Niger Delta. These are the things that bring restiveness to the Niger Delta. Therefore, I am appealing to Mr. President and even the national assembly members, whom we know that as at today, have constituted committees again and again to probe this particular oil block, to please sympathise with us in the Niger Delta and allow us to have some peace.”

Manager said the dialogue with the Niger Delta was delayed probably because President Buhari was “overwhelmed by the undue pressure and misinformation from either his party or overzealous folks, otherwise as a former head of state, a former governor of the old eastern region, a former oil minister and a former Petroleum Trust Fund (PTF) chairman, he should be the most qualified, most guided and most experienced leader to handle the Niger Delta crisis with utmost care”.

“The president is today doing what he should have done since last year; just like what Obasanjo did in 1999 as

well as Yar’Adua in 2007. In any case, it is better late than never,” Manager added.

On the expectations of the people of Niger Delta from President Buhari, Manager said the people wanted due respect as stakeholders in Nigeria without discrimination.

According to him, the Niger Delta has rejected the second class citizenship status, which other regions try to bestow on the region. To support his allegation that the major tribes treated the Niger Delta as second class citizens in a country, Manager alleged that the people of the region were shortchanged in allocation of oil blocks. “The richest woman in Nigeria cum Africa is from the southwest and her source of wealth is oil. The richest man

in Nigeria cum Africa is from the northwest and his wealth is largely tied to oil exploit. The second richest man in Nigeria and fifth in Africa is from the northeast and he is simply an oil magnate. Again, the third richest man in Nigeria and eighth in Africa is still from the northeast and he is also another oil magnate. Oil block allocation is the prerogative of the president of Nigeria at any point in time and when he allocates, until such allocation is changed by law, it remains so,” he explained.

To solve the militancy problem in the Niger Delta, he suggested that President Buhari should look into the issue of Amnesty Programme and give it every support that is necessary.

OPECVolatility Spills over to Consumer Gas Prices Retail gasoline prices in the United States may be erratic as investors guess on what happens next with OPEC, though pain at the pump is diminishing, American Automobile Association (AAA) said.

The motor club reports a national average retail price for a gallon of regular unleaded gasoline at $2.21 for last week, relatively unchanged from the previous week and slightly higher than the national average reported for this date in 2015.

AAA said the national average has dropped for several straight days, but a decline that usually comes late in the year has yet to emerge in part because of dynamics in crude oil prices, according to UPI report.

“Drivers may continue to see prices wobble up and down

as traders speculate on the possibility of OPEC countries developing an output agreement over the next month,” it said in its weekly retail market report. “Additionally, planned and unplanned refinery maintenance continues across the United States and may result in regional fluctuations in gas prices.”

Crude oil prices moved up more than $8 per barrel in the immediate wake of a framework agreement from the Organization of Petroleum Exporting Countries that emerged from a meeting Sept. 28 in Algeria. Prices have moved up and down in response to rhetoric associated with that meeting, but collapsed more than $1.40 per barrel Monday after weekend OPEC meetings concluded without any concrete plans

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

BUSINESSWORLD

INDUSTRY

The Hidden Hunger Challenge Hidden hunger, otherwise known as malnutrition, is a major challenge in Nigeria with thousands dying of the malady at the numerous displaced persons’ camps across the country. Crusoe Osagie and Ugo Aliogo examine the problem, efforts of researchers at HarvestPlus to tackle the issue, as well as a forthcoming food fair

Cassava farm The unsavoury statistics of 30 children dying daily at the IDP camps in Borno State was said to have recently unsettled President Muhammadu Buhari.

Although some politicians, mostly in the North-east, were said to have faced the wrath of the president after the startling discovery, the situation requires a bit more than getting angry to surmount.

In the 21st century, malnutrition stands as one of the vital issues confronting the continent of Africa and this is because the stomach may indeed be full, yet the individual is starving due to inadequate supply of nutrients to his body. And that is why the term hidden hunger is quite an apt description of malnutrition.

In Nigeria, as well as other nations in Africa, government policy formulation and implementation have invariably fallen short, leaving a large population vulnerable to hunger and indeed to hidden hunger.

In some cases, there are laudable blueprints developed by various governments, but most of them have not been matched with effective implementation.

Also, with a consumption pattern which places much emphasis on imported food and less of on locally produced ones, stakeholders in the agricultural sector are of the view that the potential of the sector are under utilised, judging from the abundance of arable land and the crop varieties available in the country.

They also advocate for improvement in the farming methods, seed varieties and increased involvement in the sector by every Nigerian to meet body nutrients requirements.

HarvestPlus, an International NonGovernmental Organisation (NGO) and research

centre working to address the malnutrition challenge globally has been at the front of this campaign. In 2015, the organisation began its bio-fortification campaign aimed at ensuring that 15 million people in eight target countries are growing and consuming

Statistics shows that over 1.2 million farmers are planting more nutritious varieties of cassava, maize and sweet potato across 24 states, while 500 farmers are investing in community based commercial seed production targeting Vitamin A Cassava and Orange Fleshed Sweet Potato (OFSP)

nutrients-rich staple foods. Nutritional data from Harvestplus indicate that bio-fortified foods can reverse iron deficiency; reduce the incidence and duration of diarrhoea.

In Nigeria, Harvestplus has worked to ensure that an additional half a million farmers adopted Vitamin A-enriched cassava in 2015, joining more than 2 million Nigerians who have access to the crop. Through public and private sector partners, they have produced more than one million bundles of Vitamin A cassava stems, sufficient to plant over 17,000 hectares of new fields. They have also strengthened the crop value chain by training more than 5,000 Nigerians on enterprise development, one-third of who invested in processing Vitamin A Cassava into popular local foods such as gari and fufu.

tor, strengthen partnership between public and private sectors, assess the progress recorded in developing more nutritious foods (by the industrial sector, research institutions and government policy) showcase opportunities for the youth employment in the nutritious food sector and recognise advocates in the agriculture for nutrition and Health sector.

There will be exhibitions of nutrient crop varieties, their food derivatives, commercially processed nutritious foods, local technologies for cassava and maize processing, cooking quiz and dance competition, 2016 awards to best farmers, processors, marketers and advocates; raffle draws and screening of award-winning movie-‘Yellow Cassava with special of some Nollywood celebrities and live performance by top musicians and comedians.

Nutritious Food Fair (NFF) To further its commitment to fight malnutrition in Nigeria, Harvestplus will be organising the 2016 Nutritious Food Fair (NFF) with the theme; ‘Multi-sectoral Partnership to Promote More Nutritious Crops and Foods’. The fair will be hold at the International Convention Centre/Tinapa, Calabar, Cross River State from tomorrow, November 9 to11. The fair will feature 100 exhibitors, 5,000, 10 speakers and 10 countries. The fair is aimed at stimulating robust engagement around nutrition and food security, bringing together stakeholders in the agricultural sector, government agencies, Small Medium Scale Enterprises (SMEs) and other relevant stakeholders.

The fair will also increase the demand and consumption of more nutritious foods, promote investment in the nutritious food sec-

Progress Recorded HarvestPlus has achieved tremendous success in Nigeria following its work with public, private sectors and stakeholders in agriculture sector. Statistics shows that over 1.2 million farmers are planting more nutritious varieties of cassava, maize and sweet potato across 24 states, while 500 farmers are investing in community based commercial seed production targeting Vitamin A Cassava and Orange Fleshed Sweet Potato (OFSP).

The organisation is also partnering with 5 seed companies in producing Vitamin A maize and distributing them through agro-dealers.

They have also developed 25 food products with 10 commercialised, and have engaged 300 SMEs in vitamin A cassava processing into gari, fufu and flour confectioneries and complimentary foods for children.

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

BUSINESSWORLD

INDUSTRY

International Fair Targets Investment in Agriculture, Construction, Others Crusoe Osagie Organisers of an international exhibition, Elan Expo, has stated that plans to drive investment in the nation’s agro and allied, construction, furniture and cosmetic industry with its four in one trade fair scheduled to hold between 9th-11th, November at the Landmark event centre in Lagos.

According to the organisers, Nigeria has the comparative and competitive advantage in these sectors to attract the much needed foreign investment to create employment and wealth for the country, maintaining that the fair is also in line with the federal government’s quest to achieve economic diversification deploying use of the non-oil sector.

The Project Coordinator, Nigeria 4-in-1 Elan Expo, Mr. Jude Chime, in a press briefing to announce the fair, explained that the Nigeria build expo, will bring together important building professionals of Nigeria, international manufacturers, services and technologies from around the world.

He added that there has been a rapid growth in the construction industry the past 20 years adding that the build expo was considered in a bid to meet the growing demands in the sector.

“Nigeria build expo is an international and professional business platform, will bring together visitors with pioneer exhibitors from 9 different countries as United Arab Emirates, China, Oman, Thailand, South Africa, Kuwait, Libya, Portugal and Turkey,” he said.

“It will bring together important professionals around the world. There has been a rapid growth in these sectors, most especially in the building and construction as well as the food and agro allied sector which is also coming on the heels of the federal government’s move to diversify the economy so the time to organise an event such as this apt. This event will give us opportunities to network with foreign investors and explore other areas of investments apart from oil.

Our target audience is mostly State governments, government parastatals, private sectors, importers, retailers. We are also going to be promoting indigenous companies, a whole lot of them have signed up,” he added.

He said the economy is tilted towards growing the agricultural sector, saying that a whole lot of State governments are keying into agricultural sector.

“The event is a sold out event and help in enhancing our productivity since we would be interacting with top flight international

SON: Our Main Objective is Economic Diversification Crusoe Osagie The Standards Organisation of Nigeria (SON) has said that it will double its efforts to help Nigeria achieve her quest for a diversified economy.

The Director General (SON), Mr. Osita Aboloma, during an inspection visit to the agency’s offices in Enugu and Anambra States recently, said SON has a vital role to play in turning around the nations’ fortune, noting that the Nigeria’s quest for a robust agricultural economy and a strong Industrial development will be realised if the machines and equipment in the SON engineering laboratory, Enugu are fully utilised.

Aboloma noted that the diversification of the economy will bring to bear, doubled efforts in terms of quality and standards, streesing that Nigerians should expect more from the organisation, and therefore, charged staff of the agency to be upright in all aspects of their duties in order to win the confidence of Nigerians.

He emphasised the need to achieve zero tolerance to substandard products in Nigeria, and enjoined the staff to make the best use of the equipment in a way that manufacturers in the country would have no cause to look outside the shores of the country in standardisation and quality assurance of their products.

The Director General noted that the equipment

in the laboratory, if well and fully utilised, could cater for Nigeria’s industrialisation demands, which is a component of the National Quality Infrastructure that includes testing and conformity assessment.

Aboloma said though he is in SON to pilot the affairs of the organisation, but stated that his direction will be the same with that of the staff which is to take SON to the next level and also promised to improve on all laudable projects that are ongoing in the organisation including human capital development and staff welfare scheme.

He implored the staff to be good ambassadors of the organisation and change their attitude to work so that SON will be a pace setter for others to follow.

The Director General was also conducted round the construction work at the National Metrology Institute (NMI), and expressed delight over the progress of work done so far and called for accelerated efforts for the project to be completed as scheduled.

He noted that the project when completed will boost Industry and enhance trade and investment both in Nigeria and the ECOWAS, maintaining that it would also improve the diversification drive of the federal government, while also enhancing export of agro- allied and other manufactured goods in the country.

manufacturers who would share knowledge and expertise on latest cutting edge solutions

for Nigerian businesses. We are encouraging local and foreign investors to come

in and discuss business opportunities for the four sectors we are covering. This event is

a win-win situation for Nigeria and international participant,” he added.

FINANCIAL INCLUSION ACTIVATION

L-R: Retail Business Manager, Ado Ekiti, Sterling Bank Plc, Akinkunmi Abimbola; HRM, Oba James Adelusi Aladesuru, Onigede of Igede; High Chief Seriki Aja Lemo of Igede Ekiti and Sterling Bank Agent in Igede, Barr. Ola Olorun Felix Olatunde, at the Financial Inclusion activation in Igede town…recently

LASGPartnersLCCIonFriendlyPoliciestoBoostIndustrialisation, Investment Crusoe Osagie Acknowledging the vital roles industrialisation, trade and investment play in economic development, the Lagos State government has partnered the Lagos Chamber of Commerce and Industry (LCCI) on investment-friendly policies to address the bottlenecks impeding the real sector of the country. The Governor, Lagos State, Akinwunmi Ambode, stated that the Lagos State government identifies with the chamber on its advocacy for the enthronement of policy consistency through alignment of fiscal and monetary policies, noting that the present administration is committed to improving the business environment and making it more attractive to investors Represented by the Secretary to the State Government, Mr. Tunji Bello, at the opening ceremony of the 2016 Lagos International Trade Fair organised by LCCI, the governor said: “Our administration will continue to improve on its business climate, attract more local and foreign investments into the State, create job opportunities and increase productive capacity until we achieve our dream of becoming Africa’s model megacity by 2025.”

He said the increased number of participants and volume of transactions recorded every year is indeed a manifestation of its potency and effectiveness as a business exposition and a worthy platform for economic transformation. He added that the theme “Positioning the Nigerian economy for diversification and sustainable growth” is aimed at addressing urgent issues that would facilitate the turning-around of the nation’s economy for good.

He commended the LCCI for staging the annual event, saying that it has become a component of the trade

architecture of the State having become a household name and popular amongst all and sundry, reaffirming that the State will not relent on its efforts, knowing the task of achieving the goal of sustainable trade and industrial development is key for economic development.

Also speaking at the event, the National President, NACCIMA, Dr. Bassey Edem, said the theme of this year fair cannot be more appropriate at this time that the country is going through economic recession, which had been operating a monocommodity based economy these past years.

He stated that with the unfolding economic situation in Nigeria and the commitment of the government to ensure that diversification of the country’s economy is attained within the shortest possible time, the expected growth from the diversification will be sustained.

“As we may be aware, economic diversification is the process of expanding the range of activities both in the production and distribution of goods and services. It is the widening of the economic activities to create a broad based economy. In achieving this expansion, the challenges that make industrial investment in the country very expensive and unattractive have to be eliminated. These challenges include poor infrastructure, unstable fiscal and monetary policies and taxation multiplicity among others,” he advised.

He pointed out that a diversified economy will stabilise the country’s economy against the shocks that comes with a mono product based economy such as the downward trend in crude oil prices that is currently being experienced in the global market, and enable private sector operators and all other citizenry enjoy the dividend of democracy which is the core mandate of any government.

“Let me also note that we are aware of the Federal Government efforts in rejuvenating the economy through the different policies, programmes and activities, and we wish to state that NACCIMA as the “Voice of Nigerian Business” will continue to advocate for the growth of businesses and the enhancement of a conducive business environment in Nigeria,” he added.

In his words, “Trade fairs such as the Lagos International Trade

Fair need to be supported by Government, because it creates a platform for investors and others stakeholders to display the opportunities that come with diversification. As a result of this, we would like to reiterate our call for government’s support to Lagos Chamber of Commerce and Industry towards achieving its desire for a permanent trade fair ground that would host this fair and every other trade promotion activities aimed at expanding Nigeria’s economy.”

Huawei Moves Up on Interbrand’s Best Global Brands Report Global smartphone company, Huawei, was ranked 72 on the Interbrand’s 2016 Best Global Brands report, moving up 16 spots from its ranking in 2015.

This is the second consecutive year Huawei has risen on Interbrand’s list since the company became the first mainland Chinese brand to be recognised as a Best Global Brand in 2014.

According to Interbrand, “Huawei is once again a highlight in the 2016 Best Global Brands report released

by Interbrand.

Its brand value, increased by 18 per cent compared to a year ago.

In Interbrand’s annual report, Huawei is also one of the fastest rising brands in the technology sector, climbing from #88 to #72 in ranking.

Huawei’s consumer business group has maintained steady global growth. Its flagship products, such as the P9, Mate 8 smartphones, as well as the MateBook, Huawei’s first 2-in-1 laptop, have all seen significant adoption by consumers around the world.

Huawei has become one of the top device brands in nearly 30 countries. The MateBook is now available in dozens of

countries, and Huawei shipped 108 million smartphones in 2015, surpassing the 100 million benchmark for the first time. Strong growth in shipment forecasts through 2021 is also reinforcing the company’s position as a leading global smartphone brand.

Commenting on the new development, Managing Director, Devices, Huawei Nigeria, Mr. Leo Jiang said: “We are very proud of this achievement especially with our improved ranking because it shows us that people all around the world are recognizing Huawei for being able to produce uniquely distinct and brilliant devices, and increases our zeal to continue innovating and providing customers with unmatched user experience.”

As a leading technology company, Huawei earmarks more than 10 percent of its annual sales revenue to research and development efforts, and has established 16 research centers around the world. Among these facilities is the innovation and experience centre in Nigeria, where consumers can witness global best practice, exchange ideas, and explore business solutions through innovation.

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

PROPERTY & ENVIRONMENT UNDP, ECN Solar Projects in Adamawa Encourages Return of IDPs, Says Commissioner

Internally displaced persons in Hong Local Government Area of Adamawa State are returning to their communities, in droves, to pick up the pieces of their precious livelihoods members of the Boko Haram sect tore apart. The state’s Commissioner for Water Resources, Hon. Julius Kadala believes their return is fueled by the life-changing solar-powered water, electricity and healthcare projects instituted in the affected communities by the United Nations Development Programme (UNDP), in collaboration with the Energy Commission of Nigeria (ECN), reports Bennett Oghifo

H

ong Local Government Area in Adamawa State was one of the seven the rampaging Boko Haram insurgents over-ran and occupied until they were dislodged by the Nigerian Army. But not before they killed some inhabitants and rendered most homes and public buildings inhabitable. They also wrecked public utilities and razed farmlands, all in their desire to make the area derelict.

When the insurgents left their villages, the residents were certain they would not survive if they returned because of an absence of lifesupport mechanisms. After the invasion of these communities, the poor access to clean energy services there worsened. Regardless, there is now better security in the local government area and most major roads, including the 135 kilometre Yola-Hong Road, are manned by heavily armed soldiers and Policemen; even officers of the Federal Road Safety Corps (FRSC) are back on patrol, as students and everyone else move freely.

UNDP/ECN projects...

Now that the displaced people have started returning to their homes, the greatest problems facing them are: lack of portable water supply, poor primary health care delivery, especially, facilities for storing vaccines for the immunization of children, clean energy access for basic needs like lighting, among others.

Regardless, when they eventually decided to return, their resolve got a much-need boost when they heard heart-warming stories about the UNDP/ECN Solar PV water, lighting and healthcare projects in their communities that were occupied and plundered by the insurgents.

The 12 communities in Hong LGA, Adamawa State, North-east Nigeria that benefitted from the deployment of off-grid solar PV for borehole water supply, health care delivery, street lighting and home solar lighting + mobile phone charging are: Fa’a Gaya; Gaya Silkami; Garaha Mijili; Dilwachira; Gashala Mamud; Mutuku; Shashau; Garaha Lari; Garaha Banga; Kubutafa; Pella; and Kwakwa.

Recently, a team of journalists, led by the focal person of the project, Engineer Ekpenyong visited 10 of the 12 communities to assess the state of these projects, as well as the mood of the people.

A common strand of gratitude, satisfaction and restored hope ran through all the communities visited and this was reinforced by the Adamawa State Commissioner for Water Resources, who resides in one of the communities with his family.

At Dilwachira, a village located, about two hours drive, off the Hong-Mubi road, the village Head, Ardo Musa, 80, said the insurgents hit the town at about 9AM on a market day. “They entered the town, killing people; killed a man and his family and burnt their corpses and took over the village for five days.”

The Village Head said the UNDP/ECN projects “are very good; they have done well, we are enjoying the water and lamps, but we appeal to them for additional boreholes, renovation of the schools and roads.”

The elated youths in Dilwachira all wanted to speak about the solar water system and lighting UNDP/ECN provided but chose Mr. Silat Bitrus, who is better schooled to represent them. Bitrus, who has a National Diploma (ND) in Science Laboratory Technology from Federal Polytechnic, Mubi, in 2010, now has a farm in the village.

The water system, he said is functioning well and that the people were happy about it. “We need more of this water facility because the

Solar-powered borehole UNDP/ECN provided in a village in Hong LGA of Adamawa State

town is very big and the population is large; there are approximately 4000 people here.”

Dilwachira’s Health Centre is managed by Sule Umar, who thanked the UNDP/ECN for providing the solar refrigerator and lamp used in the health facility. “Both the fridge and the light are functioning well.”

Umar, who said he trained as a Health Technologist in School of Health Technology in Mubi, said before the UNDP/ECN intervention, they used torchlight at night to carry out their duties. “There was no light and we didn’t have generator. One of our community residents brought a small generator but it is broken now.

But with the solar light we are confortable.”

Joy at Pella Mothol...

Similar sense of joy and fulfillment was expressed by residents of Pella Mothol, about three kilometres from Hong. Schools just closed for the day, primary and secondary school students were heading home; some on foot and others riding bicycles and a few rode in taxis. The village Head was not present but a senior citizen, who gave his name as Mr. David Mark, described the joy of the community and expressed gratitude to UNDP/ECN for providing them water and lighting in strategic places in the community.

Mark said, “There is no problem with the water system; we are enjoying it unlike the hand pump over there. This one is very nice and the water rushes fast; no problem.”

There are two solar street lights provided

by UNDP/ECN, one is stationed by the water reservoir and the other in front of the Lutheran Church of Christ Nigeria (LCCN). Both shine brightly, Mark said.

He was not sure how the solar lamps provided by the UNDP/ECN were distributed and beckoned on a resident, Mr. Ali, whom he said should know and, after brief consultation, he said, “Each house has a solar lamp.”

A staff at health centre, Happy David said “Before the solar fridge was given to us, we used to collect vaccines from Hong, spending close to two hours on the road, but now that we have the fridge, we do not waste time to travel to Hong to collect vaccines anymore.

Before now, patients wait for a long time for the vaccines but now our work is fast and easy.”

The Pella Health Centre has eight beds, she said and that they had mainly outpatients, adding that sometimes they admit some people briefly before letting them go.

Adamawa Govt...

The Adamawa State Commissioner for Water Resources, Hon. Julius K. Kadala said, “My impression about this project is that it is timely.

When you look at the effect of Boko Haram on the people, especially on the 12 local governments, this intervention by UNDP/ECN is a welcome idea and we thank God that they can come to the assistance of people that have been affected.”

Kadala said Hong Local Government, one of the seven that were affected, was the most hit, adding “the effect is so much in Hong, because it where they have burnt personal homes, government buildings and even farmlands with crops. So, this assistance is timely. I thank God that you have responded and you have seen things for yourselves in so many villages and what you have done for these communities is appreciated but we still want to appeal for more things to be provided for these people to rehabilitate them.”

He said it was also important to provide assistance to people in Hong town, saying “it is there most homes were burnt down, including the local government secretariat, hospitals, schools. These should be rebuilt to enable the people go back to their normal lives.”

On the government’s role in providing these facilities, particularly water, he said, “As a government, we have touched the lives of people in some communities, though not much, but we also concentrated on some communities in rural areas with provision of hand pump boreholes. We also rehabilitated some of them but because of the financial constraint of the government at present, we have not reached all the villages, but a certain percentage of villages have been reached.”

On the rate people are returning to their communities, he said a number of people were returning but that some of them have no houses to return to, no schools for their children, and some have no roads to their respective villages.

“So, there are a lot of things that prevent them from going back to their homes. Some of the still need rehabilitation mentally and psychologically, because they have been affected by the insurgency. Even children still scream when they hear loud bangs because they remember what happened during the crisis and some of their parents were killed.”

He said the solar projects established by UNDP/ECN “has contributed significantly to our people returning to their communities.

The people have seen that a borehole has been provided for them, schools have been rehabilitated. This project has encouraged the return of IDPs to their homes, especially the communities you provided water; I received phone calls thanking UNDP/ECN for getting them water and lighting systems. Most of the IDPs will spend Christmas in their villages by the Grace of God.” The people, he said were being trained on the maintenance of the existing hand pumps and that they were also being sensitized to take ownership of the solar projects.

He said most of the IDPs from Adamawa State have returned home and that those left in the camps were from Bornu and Yobe States. “IDPs coming from Cameroun and Niger stop-over in Adamawa State before they go elsewhere.”

He said 20 out of the 21 local governments just had elections and now have chairmen and councilors, except Michika. “The local governments cannot do anything for now, because they are barely two to three months old and the allocation they get from the federation account cannot even pay their salaries. So, they are studying the situation and when the economy improves, then, I believe they will do something for the people.” He said, “On the part of the state government, the most important thing is to have peace. The present administration is trying to make sure that peace returns to all the local governments, making progress in the delivery of dividends of democracy to the people of Adamawa State. It has started in the capital; somebody that has not come to Adamawa for a while may not recognize Yola because of the developmental projects that have been done. The government has been rehabilitating schools, among others. On the issue of water, we have made some critical interventions in hospitals, schools, markets, especially in the Mubi International Cattle Market. The government is trying but funding is so low; Adamawa is a civil service state and it is only when salaries are paid that money circulates.”

Thus, he said the government was making sure salaries were paid to help the people resume their normal lives. “The government is also trying to give small loans to farmers, procured fertilizers but the most important thing is to restore peace because without peace, nothing will work.” He said apart from Madaga local government out of the seven local governments affected, the others will have bumper harvest this year. Pockets of Boko Haram activities are still in Madaga; one here, two there and so it is not easy for them to go to their farms.”

On lack of access roads to most of the communities, he said the government, though barely a year and half in office, was working according to plan. “Adamawa State as a whole does not have roads, not only in the rural areas, even in Jimeta and Yola. Presently, this administration has constructed more than 40 roads in Yola and Jimeta and these roads ought to have been done maybe 10 years ago, leaving the government to concentrate on the construction of rural roads.”

He said provision had been made for the development of rural roads in the 2017 budget, particularly the construction of culverts.

The government is also considering the use of solar energy to power the rural communities, he said, “It is not easy for the government to extend the national grid electricity to all of these communities. This government has budgeted to provide 10 communities in each local government with solar energy; and there are 21 local government areas.”

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PROPERTY & ENVIRONMENT

Refined Investor Series to Discuss Unlocking Smart Real Estate Opportunities During Recession Bennett Oghifo Fine and Country International Realty 2016 edition of the Refined Investor Series (RIS) will focus on ‘Unlocking Smart Real Estate Opportunities During a Recession’, officials of the firm have said.

This unique platform will be chaired by Mrs. Bola Adesola, MD/CEO of Standard Chartered Bank, along with other leading stakeholders. The Refined Investor Series is a real estate thoughtleadership series targeted at high net-worth investors, economic influencers, real estate developers, property enthusiasts and aspiring investors.

Coming on the heels of Fine and Country West Africa’s 8th anniversary in Nigeria, this year’s event is scheduled to hold on Tuesday, November 22, 2016, 9am - 2pm at the Wheatbaker Hotel, Ikoyi, Lagos State. The theme for the event is - “Out of the Box”: Unlocking Smart Real Estate Opportunities during a Recession. The Refined Investor Series will generate high level conversations on smart real estate investment strategies and opportunities in the Nigerian, UK and global property market, during a period of recession and transition.

Some of the highlights and interesting conversations to be expected at the upcoming Refined Investor Series 2016 edition are: ‘An Economic Melt Down or an Opportunity to Re-Invent? What is the impact of the economy on real estate?

“Are we having an economic meltdown or an opportunity to re-invent true value and a sustainable real estate market that creates wealth for real investors and users? What is the impact of financial and economic policies on the real estate market, and where are the unique opportunities? Which investors are best suited for the out-of-the-box opportunities?

What are the best ways and when is the best time to unlock these creative opportunities?

They will also discuss ‘The Economics of Definitions: How They Affect Valuation and Perception of Value. “With an increasing number of residential properties being represented as luxury, and in the commercial space, most offices being offered as Grade A Prime Offices, there is an increasing need for real estate investors/occupiers to understand what exactly they are getting, what matters most and what constitutes luxury residential property or prime

Mrs. Bola Adesola, MD/CEO of Standard Chartered Bank

Grade A office. How do these factors affect valuation and perception of value?”

‘Pricing Strategies for Real Estate in a Volatile Economy’ in also on the platform. “How Investors price prime offices and residential properties in a recession and volatile economy?

Are there practical strategies apart from price wars for commercial landlords to ensure that the increasing stock of

prime offices and premium residential do not remain on the proverbial shelf for longer than is necessary? What is the right pricing strategy in the current market? What are the real drivers of residential and commercial leasing decisions?

What do corporate tenants really care about?”

Other topics are: ‘Emerging New Cities: Urban cities or ghost towns in the making?

Chief Executive Officer, Fine and Country West Africa, Maryanne Udo-Okonjo

“What is the future of Middle class urban residential living?

Where are the opportunities?

How do investors get to access them and what’s the best way to get maximum value from new urban cities or projects?

Are there well thought through?”

‘Real Estate Value Enhancers’: The economics and politics of design specifications and how they affect facilities management

& service charge. “What are the real risks and benefits of investing or living in a multi-owner residential development? What are the real facts and figures behind service charges in both residential and commercial properties and how can they be managed efficiently while preserving asset value and user experience? What’s the role of legal documentation in preserving real estate wealth?”

Rabat, Casablanca, Marrakech, Celebration, Reality Check as Kingdom of Morocco Celebrate Paris Agreement Enters into Force Building Collapse is often COP22 Humanity will look back on emissions which drive climate and its impacts are not Man-made, Avoidable, Say The beginning of COP22 this However, it will be in Mar- November 4, 2016, as the day change week in Morocco will be rakech where the festivities will that countries of the world yet falling – a fact which the celebrated by the lighting of be in full swing as delegate shut the door on inevitable Marrakech meeting must have Professionals at the front of its concerns and Fadekemi Ajakaiye

Building collapse is often manmade occurrence that can be avoided if we are determined to get rid of the menace.

This position was taken by a team of professionals in the nation’s building and construction industry, at a special event organized at Alausa in Lagos, recently.

The professionals, who congregated to discuss ‘Building Collapse Challenges and Way Forward’, said “It is disheartening that our precious time is being donated again to cry over spilt milk. Another building has collapsed, greeted by frail nerves, rescue operation, lamentations, noise, promises; and then back to square one, business as usual. The aftermath of building collapse in this milieu is a regular case of ‘medicine after death’.”

They said, “Experience has shown that while we are mourning the dead in a collapsed building, the premonition of another calamity waiting to happen preoccupies our minds in the grim reality of on-going substandard construction works in several nooks and crannies of Nigeria, especially Lagos State.

“Must we continue with this trend of visiting sites of collapsed buildings to make statements that time would soon be consigned to mere rhetoric and exhibitionism as words could not be matched with action? The fact that building collapse has become a recurring decimal in this part of the world draws skepticism from promises of government officials at the instance of a collapse.”

Thus, they said it was

pertinent to draw the attention of Lagos State Governor Akinwunmi Ambode to the “The over 1,000 buildings that failed integrity tests on the Lagos Island and left unattended to for years should be demolished as soon as possible; a systematic approach at conducting extensive integrity tests on buildings across Lagos State should be adopted; The 5-man committee set up to restructure and reorganized LASBCA and LSMTL is skewed as it does not represent the entirety of the 7-built environment professional bodies in Lagos State and the nation in general.”

According to them, “What is worth doing at all is worth doing well. In 2008, when the then Lagos State Government set up a Technical Committee that developed the 2010 law on Physical Planning & Building Control, all the seven built environment professional bodies were represented in that committee. It is therefore ironical for, such a great work to be reviewed in any aspect by a deficient or lopsided 5-man committee.”

They listed the 7-built environment professional bodies as: The Nigerian Institute of Architects (NIA); The Nigerian Institute of Building (NIOB); The Nigerian Institute of Quantity Surveyors (NIQS); The Nigerian Institute of Town Planners (NITP); The Nigerian Institution of Estate Surveyors & Valuers (NIESV); The Nigerian Institution of Surveyors (NIS); and The Nigerian Society of Engineers (NSE).

They noted that “the current 5-man committee has two town planners, an architect, an engineer and an administrator.

the Hassan Tower in Rabat.

The city’s iconic landmark was lit in green as a sign of Morocco’s commitment to the fight against climate change and sustainable development throughout the Kingdom.

The tower is the remnants of an incomplete mosque designed by Sultan Yacoub El Mansour and was meant to be the second largest in the world at that time. It is made of red sandstone and considered the sister tower of the Giralda in Seville and the Koutoubia Mosque in Marrakech. The Hassan Tower is beautifully located, overlooking the mouth of the Bouregreg river, and facing the Atlantic Ocean. At its base, there is a vast esplanade with nearly 200 columns, and the Mohammed V mausoleum, the royal tomb built in Arab-Andalusian classical style, which houses the tombs of His Majesty King Mohammed V and his sons the Prince Moulay Abdallah and His Majesty King Hassan II. Also at its base there are two wide staircases that lead to the tomb of the Unknown Soldier.

On the morning of November 4 in Casablanca, national media and foreign press accredited in Morocco are invited to an event with COP22 Steering Committee members to celebrate the formal entry of the Paris Agreement and the launch of the latest countdown to the official opening of COP22 in Marrakech on Monday, November7. This press conference will be chaired

by Commissioner Abdeladim Lhafi and with the participation of Ambassador Aziz Mekouar, Driss El Yazami, Nizar Baraka and Said Mouline.

from around the world begin arriving for COP22. 20,000 participants and more than 1,500 journalists, are expected to take part in the UN Climate Change conference in Marrakech from November 7 to 18.

At 5:30pm, right before sunset and when classes let out, a celebration for the people of Marrakech will take place.

They will be invited through a “flashmob” –a social media phenomenon suddenly assembling groups of people- to join near the entrance to the Menara gardens for a people’s parade. It’s an opportunity for citizens of Marrakech to express their commitment to the planet in a highly original creative way. The parade will be entitled “The Great Cycle of Change.” The event is organized by the cooperative, Eclat de Lune-Awaln’art, well known for its festive events in Marrakech.

More than 150 artists, a hundred extras, giant puppets, acrobats, African stilt walkers, and dancers will stroll along the wide boulevard leading to Bab Ighli. Accompanied by fifty balloons, decorated tricycles and giant reels they will follow along to lively music from batucada percussionists and a music float on which a band will be playing rock-marrakchi tunes.

The evening will continue with a light show at the Menara at 7:30pm. The visual show will incorporate 4 elements: wind, fire, water, earth. These poetic images will be projected onto screens located above the basin. Two giant 30-metre wide screens and a laser show will be projected from the Menara, the real fifth element of this show.

climate disaster and set off with determination towards a sustainable future.

This is contained in a statement by Patricia Espinosa, UNFCCC Executive Secretary and Salaheddine Mezouar, President of COP22 and Minister of Foreign Affairs and Cooperation of the Kingdom of Morocco.

The Paris Climate Change Agreement – the result of the most complex, comprehensive and critical international climate negotiation ever attempted – came into force last Friday November 4, 2016.

The Agreement is undoubtedly a turning point in the history of common human endeavor, capturing the combined political, economic and social will of governments, cities, regions, citizens, business and investors to overcome the existential threat of unchecked climate change.

Its early entry into force is a clear political signal that all the nations of the world are devoted to decisive global action on climate change. This week’s UN climate change conference in Marrakech represents a new departure for the international community, and the first meeting of the Paris Agreement’s governing body, known as the CMA, will take place during it on November 15.

This is a moment to celebrate.

It is also a moment to look ahead with sober assessment and renewed will over the task ahead. In a short time – and certainly in the next 15 years – we need to see unprecedented reductions in greenhouse gas emissions and unequalled efforts to build societies that can resist rising climate impacts.

The timetable is pressing because globally greenhouse gas

collective resolve.

The World Meteorological Organization has now confirmed that the average global concentration in the atmosphere of the main greenhouse gas, carbon dioxide, reached the symbolic and significant milestone of 400 parts per million for the first time in 2015 and broke new records in 2016.

This means that the world is not nearly on track to meet the Paris Agreement’s primary goal to limit global warming well below 2°C and as close to 1.5°C as possible to prevent dangerous climate tipping points, beyond which we may lose the ability to control the outcome.

Paris delivered a gift of hope for every man, woman and child on the planet. Yet today’s celebration can also rest on the assurance that the policies, technology and finance to achieve these goals not only exist, but are being deployed as never before.

The Paris Agreement swept into force on an unprecedented wave of action and pledges to build a global renewable energy industry, clean up existing power, production, construction and agricultural sectors and re-engineer economies and societies to be more resilient to the climate impacts already in the system.

Our collective ability to enact rapid change has changed for good because of the Paris Agreement, and particularly for the following reasons: In Paris, Governments formally accepted to lead climate action and presented a global set of national plans for immediate action, pledging never to lower efforts and to raise their ambition over time.

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

PROPERTY NEWS

Lagos is not Privatising Water Corporation, Says Adejare Bennett Oghifo The Lagos State Government has said it is not planning to privatise its Water Corporation, contrary to speculation that it is partnering with a financial institution to sell the corporation.

The Commissioner for the Environment, Dr. Babatunde Adejare disclosed this at the October 2016 Monthly Press Briefing of the Ministry of the Environment, organized to provide adequate information on the state of the environment.

Adejare stated that rather than privatizing, the state government would be partnering with the private sector to build water works under a Public Private Partnership arrangement in which the private sector partner would build and charge reasonable amount.

He said that this move became necessary as the cost of building single water works had skyrocketed due to the exchange rate volatility, whereas government has limited resources with competing needs across sectors.

“We cannot afford to stick to the status-quo as we are battling with vector-borne diseases and we need to sort out the issue of appropriate pricing. Currently Water Corporation charges 5k per liter against N100 per liter charged by the local water vendor”, he said.

While re-stating the policy of Lagos State Government on cleaner and sustainable environment, the Commissioner said government was committed to the removal of all environmental infractions and would not relent

in bringing about a sustainable environment as well as a livable state to enhance aesthetically beautiful state.

According to him, “…our government has pursued with vigour, its policy on cleaner and sustainable environment through dogged application of its all-year round de-flooding Programme, unwavering commitment to the removal of all environmental infractions and nuisances across the state and steady pursuit of aesthetically appealing state.”

Adejare said that Lagos State Government was committed to achieving well-organised markets where sellers, goods and services will be sectorised.

According to him, “this will eliminate the belief and tendency that it is when goods are sold on the streets and on setbacks that selling can be achieved” The Commissioner reaffirmed the policy of zero tolerance on street trading and hawking in the state, warning violators of the state’s environmental laws to desist or incur the wrath of the law.

He stated that no one was permitted to convert the roads, medians, set-backs and walkways into markets, warning that the activities of street traders and hawkers were degrading the environment.

Adejare maintained that water supply in the state was being given a new lease of life as most of the water works such as Ishasi, Adiyan and Iju Waterworks now produce and supply uninterrupted water to Lagosians upon the repairs of equipment and restoration of Power supply, saying government is finding a lasting solution

UN Calls for Strong Climate Action as Paris Agreement Enters into Force UN Secretary-General Ban Kimoon marked the entry into force of the Paris Agreement today with a call for strong action on climate change to realize the potential of the landmark agreement.

Meeting with civil society representatives, the SecretaryGeneral said, “I ask each and every one of you to keep up the fight. Hold governments accountable and press for action.”

“Today we make history in humankind’s efforts to combat climate change,” he said. “Now is the time to strengthen global resolve, do what science demands and seize the opportunity to build a safer, more sustainable world for all.”

Members of civil society, representing a range of organizations working around the world, including in Egypt, Bangladesh, Nepal, and Guatemala, told the Secretary-General that they were committed to carrying on efforts to reduce emissions and to focus on the needs of people.

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. Those conditions were met on 5

October, triggering today’s entry into force.

There are now 98 parties to the Paris Agreement, with Gabon, Indonesia, Ireland, the Republic of Korea, Sao Tome and Principe, Saudi Arabia, Sierra Leone, South Africa, and Viet Nam among the latest to join.

“At a time of record heat, Member States embraced this new global agreement in record time,” Mr. Ban told civil society leaders at an event marking the Agreement’s entry into force. “It is a credit to all of you. And it is historic for the world.

“Today we celebrate, reflect and give thanks. I am deeply grateful to all of you and your organizations – representing millions of people. At a time when civil society is under attack in so many parts of the world, you have shown that citizens’ groups are essential partners for progress. Your vision, courage, persistence and leadership made this day happen.

“We marched shoulder-toshoulder in 2014 before the Climate Summit I convened.

Millions of others held climate marches around the world. You showed the climate challenge stakes – and the solutions. You mobilized hundreds of millions of people for the cause.”

to billing problems as well.

Adejare restated the commitment of government to greening the environment. He said over 800 trees including 700 coconuts have been planted along Lekki Epe Express way and another 100 trees at Orile Agege LCDA. According to him, “the importance of trees in our environment cannot be overemphasized. As such we have continued to manage trees planted in the state by pruning 56 Trees and felling 7 trees to improve the aesthetics of the Environment.”

The Commissioner pointed out that waste management would take a new dimension in the state as from 2017. “We are reforming waste manage-

ment; we are no longer going to do it the way we are used to. By the time we do this, environmental infractions would have reduced.”

The Environment Commissioner said that government is poised to control and eradicate diseases such as Lasa fever and malaria through the flagging off of vector control programme. “To control vectorborne diseases such as Lasa fever and malaria, we have flagged off the vector control programme through which we will be delivering effective “deratization” of markets and adjoining streets in the State with the use of time tested technology,” the Commissioner said.

He further said that government would take the advantage of the many benefits of vector control, including less illness, better sleep, safety of home, buildings and markets and ultimately peace of mind.

Adejare disclosed that the Lagos State Government through the Ministry of the Environment did not fail its duties of monitoring the environment for compliance to environmental standards.

“The Lagos State Waste Management Office monitored compliance to wastewater regulations and guidelines in 11,508 tenements and 857 private facilities across the State. 3,549 tenements were found to be satisfactory while

4,511 tenements complied with the abatement notices served.

Also, a total of 255 private wastewater treatment facilities are currently undergoing the recertification exercise for 2016.

The commissioner appealed to Lagosians to dispose waste properly and maintain a good sanitary attitude as the yuletide approached. According to him, “… the ember months are here again and as the yuletide approaches, I urge you all to dispose waste properly, cultivate and maintain good sanitary attitude and do not contribute to the degrading of the environment as this is the only way you can avoid being object of environmental law enforcement.”

L-R: International Board Chair, International Facility Management (IFMA), Maureen Ehrenberg; former President of IFMA, Nigeria chapter, Pastor Stephen Jagun; and International President, Tony Keane, during the award of Fellow to distinguished members... recently

UN-Habitat, AfDB Experts Present State of African Cities 2017 Report During Habitat III, in Quito, Ecuador, the African Development Bank and UN-Habitat organized a networking event to present and discuss the preliminary findings of the first phase of research for the State of African Cities 2017 report.

The forthcoming publication – the fourth issue in UN-Habitat’s The State of African Cities report series – is being prepared under a partnership between the Institute for Housing and Urban Development Studies (HIS) and UN-Habitat and is sponsored by the African Development Bank (AfDB) and the UK Department for International Development (DfID). The publication, which focuses on greenfield foreign direct investment (FDI) flows into Africa, is set to be launched in June 2017. The report seeks to evaluate the role of FDI in achieving better urban development in African cities. After a short introduction of the three first Stat of African Cities reports

by Dr. Jos Maseland of UNHabitat, Prof. Ronald Wall of the Witwatersrand University and IHS, presented the findings of Phase 1 of the ongoing research programme for the report – analysis on Africa-wide

FDI patterns – and outlined the of commuters. In 2016, major direction of ongoing empirical urban transport project have research on the economic impacts of FDI flows on four case study African cities: Abidjan, Cairo, Johannesburg and Kigali.

The research highlighted that FDI is a matter of significant importance to the economic Ebonyi State Government is to development of the African acquire 5.5-Megawatt biomass continent. However, not all plant from Germany that will forms of FDI are sustainable utilise rice husk and other in the longer term; notably available waste materials to investments in the extractive generate electricity.

Governor David Umahi, sectors. Rather, Africa should seek to attract investments that who made this known after lead to employment generation, inspecting two of the three food security and improved state-owned rice modern mills, municipal finances, the research recently, said the plant would noted. AfDB was represented arrive in the country in the at the October 17 meeting by next four months.

He also disclosed that one Amadou Oumarou, Director of the Transport, ICT and megawatt of rice husk plant Urban Development Depart- and another 500 kilowatt ment, who underscored the would arrive in the state soon.

Governor Umahi added that Bank’s commitments in long term urban development, as a the government was ready to way to improve African cities’ meet the daily water intake competitiveness and attract of the three rice mills located more foreign investments. in the three senatorial zones AfDB injected more than US of the state.

The inspection visit took $800 million in loans and grants in urban transport projects in the governor to Iboko in Izzi the last five years, improving Local Government Area and the logistic chains for firms, Ikwo where he inspected the and the daily life of millions condition of these facilitates,

been financed in Kampala and Accra.

Ebonyi Goes Green, to Purchase 5.5MW Biomass Plant on-going rehabilitation works and the production and packaging of various sizes of rice bags.

Governor Umahi said the essence of the visit was to have first-hand knowledge of the water needs of the mills especially for the parboiling sections which had attained over 80 per cent completion.

He assured that excavators would be deployed to the areas for dredging of available natural water sources to meet the water requirement of about 60,000 cubic metres.

Umahi added that the state government had entered into an agreement with Akwa Ibom State to ship their rice to Ebonyi for milling.

The governor was accompanied on the visit by the Speaker of Ebonyi State House of Assembly, Chief Francis Nwifuru and some Executive Council members.

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PROPERTY NEWS

Eko Atlantic to Boost Nigeria’s FDI Drive Eko Atlantic, the rising smart city being developed from reclaimed land on the shores of Victoria Island is attracting more and more international investors as awareness about the new city’s potentials grows among the international audience. As such, the project is expected to be one of the leading sources of foreign direct investments into the country.

Disclosing this was Mr. Pierre Edde, Development Director, South Energyx Nigeria Ltd, a subsidiary of the Chagoury Group, and the developers of the ambitious multibillion dollar project. He spoke at the 2016 Real Estate Unite, an annual summit and one of Africa’s largest real estate events which attracted high ranking dignitaries in the African real estate sector.

According to him, international interest in the project

has grown tremendously over the last few years, leading to expression of interests from around the globe, with many of the prospects looking forward to establishing their corporate offices at the city’s business district. He noted that such foreign investments in Eko Atlantic will be good for the economic development of the country, and is an answer to the government’s FDI drive.

On ways to boost the real estate sector in the country, he advised government and financial institutions to work together towards improving the mortgage system, as it is critical to the growth of the sector. This, he added, is the only way the sector can be able to really improve on its contribution to the nation’s GDP. “The total amount of mortgage loan in Nigeria is at an alarmingly low level at just 0.5%

of the country’s GDP. Banks alongside the government will need to revamp the mortgage system to afford individuals the ability to purchase homes, especially in face of the current economic recession in the country,” he said.

In his opening remarks, Mr. Sonnie Ayere, Founder and

Group Chairman of Dunn Loren Merrifield, a full-service investment firm reiterated the importance of the real estate sector to the Nigerian economy. “The Nigerian housing sector is the big elephant in the room that no one seems to acknowledge. The private sector and the government are

key to subsidizing the sector and are a key force in executing the development of the housing sector,” he said.

This year’s summit had the theme “Filling the G.A.P.S (Government Gaps; Access Gaps; Private Sector Gaps and Strategy Gaps), and focused on propelling Nigeria’s economic

development through strategic partnerships between public and private investors. At the summit, key issues in the sector were discussed, including policies, the mortgage system, as well as government and private sectors efforts to grow the sector and attract foreign direct investment into the country.

NEPAD-IPPF strengthens capacity to improve stock of well-prepared bankable infrastructure projects The NEPAD Infrastructure Project Preparation Facility, NEPAD-IPPF, has concluded a two-day workshop that brought together over 20 staff members, representatives from the African Development Bank’s Departments of Transport, ICT, Energy, Environment and Climate Change, Resources Mobilisation and External Finance.

The two-day seminar, held in Abidjan, was also attended by other AfDB Infrastructure Specialists in energy from field offices covering Zambia, Mozambique, Rwanda and Angola, and was aimed at defining modalities for improved delivery aligned to the new NEPAD-IPPF Strategic Business Plan (SBP) covering the five-year period 2016-2020.

The SBP seeks to increase the stock of well-prepared bankable infrastructure projects across Africa which can attract financing The first day of the retreat focused on translating the newly approved five-year Strategic Business Plan (SBP), into actionable goals. Under the new SBP, NEPAD-IPPF seeks to prepare between 60 to 80 regional infrastructure projects in energy, transport, trans-boundary water and ICT with reparation costs of between US$150 million to US$250 million over the five-year period and this will require additional resources from existing and potential donors.

NEPAD-IPPF, supports African governments, Regional Economic Communities (RECs) and African infrastructurerelated institutions such as Power Pools and to prepare bankable, investment-ready projects that can attract financing for implementation.

Since inception, NEPADIPPF has awarded 67 grants for preparation of regional infrastructure projects in Energy, Water, Transport and ICT, resulting in investment financing of over US$ 7.78 billion, thusresponding directly

to Africa’s integration and development efforts.

Discussions at the retreat also focused on strengthening internal capacity of NEPAD-IPPF with new working clusters based on defined roles and value addition through enhanced collaboration and synergies to improve operational effectiveness, efficient delivery and enhanced interface with clients. The four clusters are Project Delivery; Financing and Partnerships; Portfolio Management; and Communications and Outreach. As a means of augmented its capacity, NEPADIPPF has recently recruited four new staff. These are, Alex Ndiku Mbaraga, Project Preparation Specialist in charge of transport projects; Karine Mbengue-Maingé, Resource Mobilisation Specialist; Monde Nyambe, Infrastructure Project Finance Specialist and Binny Prabhakar, Project Preparation Specialist in charge of energy projects. The new additions to the existing NEPAD-IPPF team is expected to further enhance the operational effectiveness of the Facility so that it is better able to respond to the needs of its primary clients and ultimate beneficiaries, the African countries.

“Bringing together our staff and partners gave us the opportunity to take part in stimulating conversations and ensure the New Strategic Business Plan is delivered into actionable goals with key performance indicators,” said Shem Simuyemba, Manager for NEPAD-IPPF, who added: “A project is not a project until it is bankable and can attract financing for implementation.

Our ambition for the next five years is to accelerate our project delivery, strengthen our performance and results.”

NEPAD-IPPF is a multi-donor Special Fund hosted by the African Development Bank and supported by a number of donors, including Canada, Germany, the UK, Spain, Norway and Denmark.

Participants at the just concluded Buildmacex and Interior 2016, in Lagos... recently

Toll Gates and Proper Highway Maintenance Mark Neboh As the name goes, Toll Gates are structures created at the entrance and exit point of highways to facilitate the collection of the fee charged the vehicles that use the highway. The money collected at these points on the long run serves the government to recuperate a percentage of the cost of constructing the highway.

On the short run, it provides some of the fund needed to carry out proper maintenance of the highway and related infrastructure.

The structure of Toll Gates had always been present on our roads until the OBJ Government decided to abolish this very important arrangement.

Certainly there must have been some cogent reasons that motivated the abolition but some positive minded Nigerians feel that what ever error would have been better corrected and the structure repositioned for improved services and increased yields.

Some go further to argue that it has become a clear case of the purnishment being more injurious to our nation than the error itself.

We must be truthful to ourselves to realize that in this period of reduced income from crude oil sales, we have to source funds outside the government coffers to fund some categories of our pressing infrastructure needs. That many of our major and minor highways require complete rehabilitation is a plain truth.

Looking at the problem from a bigger picture, the solution can come up if the government takes the bold step to initiate serious dialogue with major

road construction companies in Nigeria to get their input on the way out of the deadlock.

For instance, a bargain where the road construction companies administer the toll collection and remit an agreed percentage of the proceeds to the government on a long term contract could spur them to agree to take up the road rehabilitation and maintenance task. Under this well defined legally binding agreement, the Federal Ministry of Works and the qualified Construction Companies will delineate rehabilitation and maintenance project modality and targets; agree on time limits and project supervising modality.

If this arrangement is rightly designed by specialists in the subject and implemented with deserved sincerity (corruption loopholes firmly blocked) will definitely yield the positive results that will encourage State Governments to apply the system to better their state road infrastructure.

Road accidents occur regularly on our highways across the country and in most of the cases the bad road condition happens to be a major contributing factor.

Bringing back a restructured Toll Gates infrastructure will help reduce accidents on our roads as well as yield a fraction of the much needed revenue to the government.

Other benefits include improved control of robbery and other misconducts on the highway through the positioning of appropriate technology and equipment at strategic positions.

Swift response to road accident victims will definitely bring about corresponding decrease in avoidable loss of life. The establishment of better

vehicle maintenance workshops, modern day truck parks and vehicle towing responses are some of the numerous benefits that this reinvention of the Toll Gate structure will introduce

as the structure matures.

Mark Neboh (Geom – Italy) Italiann Language Interpreter and Author of the scam novel: The Godfathers of Scam.

Email: mcneboh@gmail.com

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 train-

ing 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 bio-technology 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.

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INTERNATIONAL

email:foreigndesk@thisdaylive.com

FBI Clears Clinton as White House Race Hits Final Day Democrat Hillary Clinton heads into the final day of a tight White House race against Republican Donald Trump on Monday with new momentum after the FBI said no criminal charges were forthcoming in an investigation of her email practices.

Both Clinton and Trump will spend the day racing across a handful of battleground states that could

swing Tuesday’s election, which polls show is close but tilting toward Clinton.

FBI Director, James Comey, again sent shockwaves through the race by telling Congress on Sunday that investigators had worked around the clock to complete a review of newly discovered emails and found no reason to change their July finding that Clinton was not guilty of criminal

wrongdoing in her use of a private email server while secretary of state.

It was uncertain whether the announcement came in time to change voters’ minds or undo any damage from days of Republican attacks on Clinton as corrupt. Tens of millions of Americans had cast early votes in the 10 days since Comey first told Congress of the newly discovered emails.

Zuma Lodges Complaint with Anti-graft Watchdog South African President, Jacob Zuma, has lodged a complaint with the office of the Public Protector over a leaked audio recording of his meeting with the anti-graft watchdog, his office said on Monday. Zuma’s discussion with the former Public Protector, Thuli Madonsela, during her investigation into allegations of influence-peddling was broadcast on a private television channel at the weekend.

“The Presidency has sought clarity from the Office of the Public Protector on the policy of the institution regarding the release of audio record-

ings of interviews conducted during the course of investigation,” Zuma’s office said in a statement.

A transcript of the fourhour interview was made public by the Protector’s office last week when it released a report calling for a judge to investigate allegations of influence peddling in Zuma’s government.

Zuma is due to face a no-confidence vote in parliament later this week over the 355-page report by the constitutionally mandated watchdog.

It focused on allegations that members of the Gupta

family of business tycoons influenced the appointment of ministers, and called for an investigation into whether Zuma, some of his cabinet members and some state companies had acted improperly.

It stopped short of saying crimes had been committed, saying it lacked the resources to reach such conclusions.

Zuma denies granting undue influence to the brothers, who run a business empire ranging from media to mining, or to anyone else.

Through their family spokesman, the Guptas have denied seeking influence.

Cameroon Rail Crash Victims File Charges against Operator Victims of a rail crash that killed at least 79 people in Cameroon have filed a lawsuit against train operator Camrail and its French owner Bollore Group, accusing them of negligence and involuntary manslaughter, their lawyer said. A packed passenger train derailed last month between the capital Yaounde and the central African country’s port city of Douala. Carriages flipped over, injuring at least 428 people.

A Bollore executive said that the train was going at an unusually high speed and traveling with twice the usual

number of carriages, with the permission of authorities, to accommodate extra passengers. Twenty-eight victims have pressed charges for carelessness, injury and involuntary manslaughter, their lawyer Guy Oliver Moteng said late on Sunday.

“We want the blame and the chain of responsibility to be established.” Among the complainants are friends and family of three people who took the train and have not been found since, with no trace of them in hospitals or morgues, Moteng said.

Spokesmen for Camrail and

Bollore declined to comment on the lawsuit, saying on Monday that they are awaiting the results of investigations.

The lawsuit was filed in the town of Eseka, where the train derailed, but Moteng said there is a possibility complaints will be raised in a court in Paris. Cameroon’s president Paul Biya created a government committee to look into the causes of the tragedy, and the company has also said it is carrying out an internal investigation. Another train operated by Camrail derailed in 2009 near Yaounde, killing five people and injuring more than 200.

Ebola-hit Children in Sierra Leone Go Hungry amid Food Shortages Thousands of Ebola orphans, teenage mothers and children in charge of households in Sierra Leone are struggling to feed themselves and their families amid widespread food shortages in the West African nation, a British charity said yesterday.

While most families devastated by Ebola have received humanitarian aid, at least 1,400 children orphaned by the epidemic urgently need support, according to Street Child. The world’s worst

outbreak of the disease now officially over - killed more than 11,300 people and infected some 28,600 as it swept through Sierra Leone, Liberia and Guinea from 2013.

“Teenage orphans have taken on the burden of looking after their young siblings and are struggling to cope,” Street Child’s chief executive officer Tom Dannatt said in a statement. “Several have dropped out of school, sacrificing their own futures to try and make

sure that their brothers and sisters can stay in education,” Dannatt added.“Sadly, running a business and a household is proving too tough for many of them.”

Some 3.5 million people - more than half of Sierra Leone’s population of six million - do not have enough safe and nutritious food to eat, the World Food Programme (WFP) and Food and Agriculture Organization (FAO) said last month.

“Nothing’s going to change between today and tomorrow to help [Clinton] win back” undecided voters,” Trump campaign manager Kellyanne Conway said on ABC’s “Good Morning America.” Trump, who has not said whether he will respect the results of Tuesday’s election, questioned the thoroughness of the FBI review and said the issue would not go away.

Clinton did not mention the FBI finding during her last two campaign events on Sunday. “That’s behind us now,” campaign manager Robby Mook told CNN yesterday. On Monday, Trump will hit five battleground states - Florida, North Carolina, Pennsylvania, New Hampshire and Michigan - and close with a late-night rally in Grand Rapids, Michigan.

Clinton will make two stops in Pennsylvania and visit Michigan before wrapping up with a midnight rally in Raleigh, North Carolina. She will appear at an evening rally at Philadelphia’s

Independence Hall with President Barack Obama and first lady Michelle Obama, as well as rock star Bruce Springsteen.

Clinton’s Democratic allies hoped the FBI finding would be enough to push her over the finish line and end the uncertainty and Republican attacks on her character that have dogged her campaign since Comey made the new emails public on Oct. 28.

“The FBI’s swift and thorough review should finally close the door on this Republican sideshow,” House Democratic leader Nancy Pelosi said, adding the election would now be decided “on the merits of the candidates” rather than innuendo.

Republicans kept up their criticism of Clinton.

“She simply believes she’s above the law and always plays by her own rules,” House of Representatives Speaker Paul Ryan said in a statement, arguing that Clinton’s use of a private email server “compromised our national

security.” U.S. stock index futures rose more than 1 percent after the FBI announcement and the U.S. dollar also strengthened in Asian trading against major currencies.

Markets have tended to see Clinton as the status quo candidate, and news favoring her bid often boosts investors’ risk appetite. Global financial markets slipped last week as opinion polls showed the presidential race tightening.

News of the renewed investigation had appeared to fuel a recent slide in Clinton’s poll numbers.

The latest Reuters/Ipsos poll showed Clinton with a 5 percentage point lead over the New York businessman nationally - 44 percent to 39 percent support while races in the swing states of Florida and North Carolina shifted from favoring Clinton to being too close to call.

Clinton held a 4-point lead in the ABC/Washington Post poll and a CBS news poll released on Monday.

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BUSINESS/MONEYGUIDE

Manufacturers Got $660m in One month Naira weakens on interbank FX marketW’Africa, Says Emefiele

Obinna Chima Operators in the manufacturing sector were able to access foreign exchange (FX) valued at over $660 million in the interbank market to source raw materials and spare parts for their firms.

The move by the Central Bank of Nigeria (CBN) was in line with its earlier promise to ease the FX pressure on manufacturing and agricultural businesses through forward sales under the flexible FX regime.

Details obtained at the weekend indicated that the sum sourced by the manufacturers was to facilitate the procurement of raw materials for agricultural, pharmaceutical, automobile, aviation, plant and machinery, power, telecommunications, and printing, among others.

Confirming the report, the acting Director, Corporate

Communications Department at the Central Bank of Nigeria (CBN), Isaac Okorafor, explained that the CBN was committed to ensuring that manufacturers of goods for which Nigeria does not enjoy comparative advantage were able to get letters of credit (LCs) to import the required materials for their businesses.

Citing the case of some manufacturing industries in Nigeria, which had posted huge turnovers since the CBN introduced restrictions on the sourcing of FOREX for 41 items from the inter-bank market, Okorafor said the restriction had indeed yielded positive results.

He therefore urged manufacturers to take advantage of the policy, which he stressed was part of efforts by the CBN to ensure that Nigeria reclaims its status as a major producer through backward integration

initiatives and conserve billions of FX spent on import bills annually.

Meanwhile, the naira depreciated on the interbank foreign exchange (FX) market on the second consecutive trading session as double demand continued to outweigh supply of the greenback in the market Specifically, the naira depreciated to N350.22 to the dollar on the interbank FX market yesterday, lower than the N328 to the dollar it closed last Friday. The nation’s currency had previously fallen from N305 to the dollar it stood as at last Thursday, to its value on the interbank FX market last Friday.

But on the Bureau De Change (BDC) and parallel market arms of the FX market, the naira closed at N385 to the dollar and N470 to the dollar respectively.

Nigeria Drops to Third Category in SWF Reclassification Nume Ekeghe with agency report An international rating agency, the Sovereign Wealth Funds (SWFs) has reclassified Nigeria among countries that have been grouped in the third category of the funds’ assessment, from the second group the country occupied in the past six years.

Nigeria is said to have lost some marginal growth marks between 2015 and 2016 as to be reclassified in the current rating of the body, contained in its report made available to an online newspaper, Ripples Nigeria.

A special study commission of SWFs and carried out by a Washington-based Peterson Institute for International

Economics, assessed 60 funds and nine government pension funds, and scored them on: governance, structure, transparency, accountability and behavior.

The researchers said some countries including Nigeria made progress in transparency and accountability in 2007, but many still fall short of what the citizens and the international community expect of them.

The average score for the 60 countries under the study had Norway surpassing others with $888 billion SWF, having scored 98 percent and topping the scoreboard, followed by New Zealand’s 94 percent.

But surprisingly, Azerbaijan came third with a score of 92 per cent, while two private fund administrators in Chile

made the country to make it to the top 10.

Nigeria increased its score from 58 percentage points to 76 percent along with countries in the third group, measuring in the third scoreboard, along with Equatorial Guinea and Libya.

“The little improvement on the part of Nigeria is simply because it was able to sustain some level of transparency and growth in its pension reform and fund management in related areas as published in 2013,” said the report.

Nine of the 21 funds recorded less than double-digit improvements by 2015, including the UAE’s Istithmar World and Russia’s National Welfare and Reserve Fund.

Beware of Wonder Banks, NDIC Warns Nigerians As promoters of wonder banks and other ponzi schemes in the country continue to lure members of the public to mouthwatering offers, the Nigeria Deposit Insurance Corporation (NDIC) has warned members of the public not to patronise such investment schemes.

The MMM investment scheme is one of the Ponzi schemes in the country. Also, in line with the National Financial Inclusion Strategy (NFIS) which is aimed at reducing the percentage of

adult Nigerians lacking access to formal banking services from 46.3 percent in 2010 to 20 percent in 2020; the NDIC has expressed its desire to play a crucial role in ensuring that small savers are protected.

Speaking at the special day event of NDIC at the ongoing Lagos International Trade Fair with the theme: ‘Positioning the Nigeria Economy for Diversification and Sustainable Growth,’ the Managing Director of the NDIC, Alhaji Umaru Ibrahim said: “I wish to sound a word of advice

caution to members of the public on the activities of illegal funds managers, otherwise known as ‘wonder banks’.

“It is worrisome to note that despite repeated advice, many unsuspecting members of the public are still falling victims to the mouth watering interest being offered by these illegal fund managers. For the avoidance of doubt, these illegal funds managers or ‘wonders banks’ are neither licensed by the CBN nor under the NDIC deposit insurance coverage.

Winners Get N4bn in Diamond Bank’s Xtra-savings Promo Ndubuisi Francis in Abuja Diamond Bank Plc has so far given out a total of about N4 billion in the past eight years of its customer reward programme, Diamond Xtra-Savings promo.

A total of over 4,500 customers have also been rewarded in the annual promotion, designed to reward loyal customers and encourage the savings culture

among Nigerians.

These disclosures were made at the weekend as 41 new winners emerged in the North Regional Draw Season 8, which held at the Nyanya branch of Damond Bank.

Of the 41 winners, 30 won cash of N500,000 each while ten went home with N1 million each, bringing the total cash haul to N35 million.

The star prize of a Hyundai Sports Utlity Vehicle (SUV) was won by Udochukwu Unigwe, one of the bank’s customers at the Jalingo Hamman Runway branch, Taraba State.

The 41 customers, including the star prize winner, participated in bank’s Xtra-Savings promotions for the northern region, comprising the 19 states in the zone and Abuja.

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, 4 NOVEMBER 2016 The price of OPEC basket of fourteen crudes stood at $41.87 a barrel on Friday, compared with $42.65 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

37

T H I S D AY • TUESDAY, NOVEMBER 8, 2016

Nigeria’s top 50 stocks based on market fundamentals

7-Nov-16

4-Nov-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

Table 1 Market Statistics Mkt Indicators

Open 4-Nov-16

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

26,981.60 9.29

26,887.54 9.26

-0.35% -0.35%

112.08 8.73

111.66 8.69

-0.38% -0.38%

Close 7-Nov-16

Change %

01 Dangote Cement Plc

172.43

172.43

0.00%

2,938,294,691,844.15

9.20

18.73

5.17

4.64%

3.93

02 Nigerian Breweries Plc

142.00

142.00

0.00%

1,125,932,326,096.00

4.03

35.19

3.73

2.54%

6.87

03 Nestle Nigeria Plc

814.97

814.97

0.00%

645,991,065,692.44

8.81

92.49

3.74

3.56%

20.47

04 Guaranty Trust Bank Plc

21.86

22.57

-3.15%

643,365,577,836.64

4.90

4.46

1.60

8.10%

1.31

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

05 Zenith Bank Plc

14.79

14.80

-0.07%

464,354,143,094.94

3.91

3.79

0.98

12.17%

0.67

Table 3 Top 5 Gainers

06 Lafarge Africa Plc

54.88

54.88

0.00%

249,973,011,332.80

-9.39

-5.85

1.17

5.47%

1.23

Stock

361.00

361.00

0.00%

199,745,022,993.00 -44.58

-8.10

2.57

4.41%

0.51

48.50

50.00

-3.00%

183,489,868,125.00

0.69

70.07

2.76

0.10%

19.56

9.80

9.81

-0.10%

179,825,601,907.00

0.68

14.49

0.31

6.33%

0.29

10 Presco Plc

43.85

43.85

0.00%

174,105,418,423.25

0.03

2.44

2.96%

4.16

11 Stanbic IBTC Holdings Plc

17.00

17.00

0.00%

170,000,000,000.00

2.04

8.35

1.21

0.59%

1.44

Table 4 Top 5 Losers

5.48

5.55

-1.26%

158,525,284,537.88

2.59

2.12

0.45

10.04%

0.36

Stock

119.70

119.70

0.00%

155,906,988,029.10

3.31

36.20

1.01

2.88%

3.61

4.27

4.30

-0.70%

154,913,577,394.94

1.75

2.44

0.46

14.05%

0.36

15 Guinness Nig Plc

86.00

84.00

2.38%

129,506,384,168.00

-3.06

-28.12

1.25

3.72%

3.28

16 FBN Holdings Plc

3.05

3.05

0.00%

109,480,643,015.60

0.21

14.70

0.21

4.92%

0.18

17 Total Nigeria Plc

315.88

315.88

0.00%

107,248,157,871.56

38.02

8.31

0.40

4.43%

4.71

18 7-Up Bottling Comp. Plc

150.86

150.86

0.00%

96,639,462,162.18

-0.05

1.04

1.46%

4.35

6.12

6.20

-1.29%

73,440,000,000.00

1.03

5.96

0.51

8.17%

1.18

190.00

190.00

0.00%

68,513,099,780.00

19.32

9.83

0.75

3.79%

3.70

19.00

19.00

0.00%

62,590,736,320.00

0.02

843.25

2.35

1.32%

5.71

4.30

4.33

-0.69%

51,748,861,244.20

-3.15

-1.36

0.20

17.44%

0.33

23 Flour Mills Nig. Plc

19.70

19.70

0.00%

51,697,472,583.90

-1.19

-16.51

0.12

10.15%

0.52

24 Julius Berger Nig. Plc

38.00

38.00

0.00%

50,160,000,000.00

-2.95

-12.90

0.43

3.95%

2.64

25 Okomu Oil Palm Plc

47.00

47.00

0.00%

44,833,770,000.00

4.82

9.74

6.82

0.21%

2.78

26 U A C N Plc

18.60

18.60

0.00%

35,728,077,598.20

3.37

5.52

0.47

5.38%

0.47

27 Transnational Corporation Of Nigeria Plc

0.91

0.92

-1.09%

35,236,107,656.75

-0.47

-1.95

0.67

0.00%

0.48

28 Fidelity Bank Plc

0.89

0.89

0.00%

25,776,701,265.88

0.39

2.30

0.17

17.98%

0.14

29 Diamond Bank Plc

1.06

1.11

-4.50%

24,550,012,306.08

-0.29

-3.61

0.12

0.00%

0.11

30 Cadbury Nigeria Plc

12.95

12.95

0.00%

24,322,716,418.00

0.50

25.94

0.87

10.04%

2.38

31 Custodian And Allied Insurance Plc

3.93

3.93

0.00%

23,115,726,286.35

0.76

5.15

0.63

3.56%

0.81

32 Wema Bank Plc

0.59

0.57

3.51%

22,758,934,987.79

0.06

9.90

0.44

0.00%

0.48

33 Sterling Bank Plc

0.79

0.83

-4.82%

22,744,430,319.54

0.29

2.75

0.21

11.39%

0.28

32.40

33.75

-4.00%

22,680,000,000.00

2.28

14.18

3.40

3.55%

13.25

35 FCMB Group Plc

1.10

1.10

0.00%

21,782,981,859.10

0.61

1.80

0.13

9.09%

0.12

36 National Salt Co. Nig. Plc

7.71

7.71

0.00%

20,427,169,894.38

0.85

9.08

1.09

7.13%

2.76

37 Mansard Insurance Plc

1.89

1.98

-4.55%

19,845,000,000.00

0.28

6.78

0.99

2.65%

0.94

38 PZ Cussons Nigeria Plc

18.00

18.00

0.00%

18,000,000,000.00

5.69

3.17

1.26

0.56%

0.48

39 Glaxo Smithkline Consumer Nig. Plc

15.00

15.00

0.00%

17,938,147,320.00

-2.98

-5.03

0.64

2.00%

2.04

40 Continental Reinsurance Plc

1.02

1.07

-4.67%

10,580,199,198.24

0.42

2.43

0.48

11.76%

0.57

41 Honeywell Flour Mill Plc

1.17

1.17

0.00%

9,278,331,259.86

-0.40

-2.89

0.19

13.68%

0.28

42 Skye Bank Plc

0.57

0.57

0.00%

7,911,771,803.70

-2.93

-0.19

0.05

52.63%

0.08

43 Unity Bank Plc

0.60

0.61

-1.64%

7,013,602,765.20

-0.10

-5.85

0.11

0.00%

0.08

44 Wapic Insurance Plc

0.52

0.50

4.00%

6,959,023,891.04

0.18

2.89

0.89

5.77%

0.42

45 Cement Co. Of North.Nig. Plc

4.94

5.23

-5.54%

6,207,988,164.04

0.22

22.57

0.56

2.02%

0.58

46 Resort Savings & Loans Plc

0.50

0.50

0.00%

5,664,866,202.00

0.03

17.71

3.72

0.00%

1.94

47 UACN Property Development Co. Limited

2.80

2.80

0.00%

4,812,499,986.00

0.30

9.36

1.14

25.00%

0.14

48 Nigerian Aviation Handling Company Plc

2.68

2.68

0.00%

4,352,906,250.00

0.15

17.74

0.54

7.46%

0.73

49 AIICO Insurance Plc

0.60

0.63

-4.76%

4,158,122,688.00

0.22

2.69

0.14

8.33%

0.41

50 Fidson Healthcare Plc

1.20

1.20

0.00%

1,800,000,000.00

0.24

5.10

0.27

4.17%

0.28

07 Seplat Petroleum Dev. Co. Ltd 08 Unilever Nigeria Plc 09 Ecobank Transnational Incorporated

12 Access Bank Plc 13 Forte Oil Plc. 14 United Bank for Africa Plc

19 Dangote Sugar Refinery Plc 20 Mobil Oil Nig Plc 21 International Breweries Plc 22 Oando Plc

34 Cap Plc

TOTAL

8,693,926,482,572.73

TOTAL MARKET CAP

9,288,178,398,540.30

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

93.60%

Close 7-Nov-16

Open 4-Nov-16

Wapic Insurance Plc Wema Bank Plc Guinness Nig Plc

0.50 0.57 84.00

Open 4-Nov-16

Cement Co. Of North.Nig. Plc Sterling Bank Plc AIICO Insurance Plc Continental Reinsurance Plc Mansard Insurance Plc

5.23 0.83 0.63 1.07 1.98

Change %

0.52 0.59 86.00

4.00% 3.51% 2.38%

Close Change 7-Nov-16 % 4.94 0.79 0.60 1.02 1.89

-5.54% -4.82% -4.76% -4.67% -4.55%

Market starts week bearish with 0.35% loss Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, November 7th, 2016 ended bearish due to waning investors’ risk appetite. This was further highlighted by negative performances from the NSE Sub sectors: Banking, Insurance, Consumer Goods and Oil & Gas. Trading activities decreased in volume as 115.04 million shares worth of N1.16 billion in 2,963 deals exchanged hands today. This is a decrease from the 151.85 million shares worth of N1.21 billion in 2,903 deals which exchanged hands on Friday. Topping in volume terms were United Bank for Africa Plc, Guaranty Trust Bank Plc and Zenith Bank 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 negative with 0.35% (-94.06) decrease to close at 26,887.54 from 26,981.60 the previous trading day. Market Capitalization depreciated in tandem to N9.26 trillion from N9.29 trillion of prior trading day.

Similarly, the Thisday BGL 50 Index followed suit with a decrease of 0.38% to close at 111.66 from 112.08 recorded at the end of the previous trading day, while its market capitalization stood at 8.69 trillion from 8.73 trillion of the previous trading day.

A total number of 10 stocks gained on the bourse today while 18 stocks declined, 71 leaving stocks unchanged. Wapic Insurance Plc emerged as the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 4.00% to close at N0.52 per share. It was followed

by Wema Bank Plc with a gain of 3.51% to close at N0.59 per share. Others on the gainers list include: Guinness Nig Plc, while on the decliners’ list, CCNN Plc with a loss of 5.54% to close at N4.94 per share. It was followed by Sterling Bank Plc with a loss of 4.82% to close at N0.79 per share.

Others on the decliners list include: AIICO Insurance Plc, Continental Reinsurance Plc and Mansard Insurance 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

38

T H I S D AY •TUESDAY, NOVEMBER 8, 2016

MARKET NEWS

Mutual Benefits Posts N465m Loss on Exchange on Loan Provision Goddy Egene and Nosa Alekhuogie Mutual Benefits Assurance Plc has announced its unaudited results for the nine months ended September 30, 2016. The results showed an underwritten profit of N4.6 billion as against N3.3 billion in the corresponding period of 2015. However, a provision of N2.8 billion for an outstanding foreign exchange loss

on previous borrowing, made the company to end the period with a loss of N465 million, as against a profit of N742 million in 2015. An analysis of the nine months performance showed that gross premium written stood at N9.812 billion, down from N12.1 billion, while net profit income grew to N7.9 billion, from N6.2 billion. The improvement in the net premium income resulted from a significant fall in premium

ceded to reinsurance companies.

The company’s premium to reinsurance companies stood at N896 million, down from N4.5 billion in 2015. Cash and cash equivalents grew by 33 per cent of N18.6billion, an increase of 33 per cent over the previous year. In all, the company ended the period with a total assets of N50 billion, up from N46 billion in 2015. Mutual Benefits Assurance recently

embarked on major initiatives for immediate repositioning, recapitalisation, which had already been approved by shareholders and the implementation of a novel strategic roadmap from the fourth quarter of this year.

The strategic thrust which would add immense value to shareholders and customers, according to the company, would include further deepening of market penetration and

large-scale customer acquisition.

The Chairman of the company, Akin Ogunbiyi recently said in spite of the economic challenges facing Nigeria as a country, there are numerous growth opportunities in insurance for the existing and potential operators.

Ogunbiyi the company is set to take advantage of the opportunities for growth through utilisation and expansion of information and communication

technology (ICT), massive use of telecommunication facilities and further penetration of the retail sector which is relatively untapped.

“Our constant innovations in terms of product development are unmatched,” he stated.

Mutual Benefits made history recently by winning the most prestigious award of the Nigerian capital market: “The PEARL”, the overall highest performance award.

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

39

T H I S D AY • TUESDAY, NOVEMBER 8, 2016

MARKET NEWS

Exchange Traded Funds Rise 1,900% to N4.24 Billion Goddy Egene Exchange Traded Funds (ETFs) have soared to N4.24 billion as at September 2016, showing an increase of 1,900 per cent. ETFs were introduced in Nigeria to investors as new opportunities to diversify their portfolios and access the stock market.

Speaking yesterday at a workshop on ETFs in Lagos, the Chief Executive Officer of the Nigerian Stock Exchange (NSE), Mr. Oscar Onyema, said the exchange has recoded

significant growth in ETFs. “As at today, we have recorded about 1,900 per cent growth in our ETF market with total assets under management (AUM) of about N4.24 billion as at September 2016 on eight ETFs currently listed and traded on the exchange,” he said.

According to him, ETFs were introduced in December 2011 with cross listing of Newgold ETF with AUM of N287.5 million. He said currently, there are eight

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

ETFs including: Newgold ETF, Vetiva Griffin 30 ETF, StanbicIBTC ETF 30, Lotus Halal Equity ETF, Vetiva Sector Series ETFs- Banking, Consumer Goods and Industrial, and Vetiva S&P Nigerian Sovereign Bond ETF. “Investors now have the ability to quantify and evaluate the trade-offs in our markets, and are able to select the instrument that allows for the most efficient implementation of their desired strategy. There are

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 4-Nov-2016, unless otherwise stated.

currently about 506 investors holding ETFs but we are optimistic that the growth of ETFs in Nigeria have only just begun with support of market intermediaries, stakeholders and our regulator,” he said.

He noted that the existence of ETFs in the Nigerian market is beneficial to retail and institutional investors, as ETFs offer a direct and inexpensive way to attain diversified exposure to an index, commodity, sector, or region.

“Asides diversification and tradability, ETFs also offer additional benefits of low expense ratio as compared to mutual funds, increased liquidity and can be used to execute different investment strategies,” he said.

Onyema said as part of the exchange’s efforts to develop the ETF market, the workshop was organised to create awareness of the product, address its challenges and promote its opportunities in Nigeria and Africa.

“Through the course of the proceedings, our keynote speakers and distinguished team of panellists discussed ETF products in detail - how they are constructed and traded, why they may be attractive to investors and how they may be helpful in investment strategy. They also provided people with insight into indexing and the future of the ETF marketplace in Nigeria and Africa as a whole,” he said.

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 123.72 Nigeria International Debt Fund 218.39 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 0.68 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 124.49 13.47% 219.43 9.11% info@acapng.com Offer Price Yield / T-Rtn 0.69 11.00% ammf@aiicocapital.com Offer Price

Yield / T-Rtn

100.00

16.21%

enquiries@arminvestmentcenter.com Bid Price 12.65 290.76 23.02

Offer Price 13.03 299.53 23.72

Yield / T-Rtn 3.78% 4.03% 4.43%

1.00

1.00

14.76%

investmentcare@axamansard.com Bid Price 102.52

Offer Price 103.16

Yield / T-Rtn 2.84%

1.00 1.00 14.44% investmentmanagement@chapelhilldenham.com Bid Price 2.08 9.27

Offer Price 2.14 9.51

Yield / T-Rtn 2.43% -5.91%

82.76

84.88

2.03%

invest@fbnquest.com Bid Price 1,073.50 110.84 100.00 $101.94 $101.75 112.84

Offer Price 1,074.57 111.40 100.00 $102.51 $102.32

Yield / T-Rtn 4.77% 5.08% 13.27% 5.66% 5.47%

114.37

13.61%

fcamhelpdesk@fcmb.com Bid Price 0.94 2.52

Offer Price Yield / T-Rtn 0.96 4.40% 2.52 8.31% coralfunds@fsdhgroup.com

Bid Price 2,200.84

Offer Price 2,226.78

Coral Income Fund 2,058.32 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 1.18%

2,058.32 8.81% enquiries@investment-one.com Offer Price

Yield / T-Rtn

Vantage Guaranteed Income Fund

1.00

1.00

15.27%

Vantage Balanced Fund

1.65

1.66

0.99%

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 11.81% Lotus Halal Fixed Income Fund 994.06 994.06 -0.59% 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 9.64 9.72 -1.46% Meristem Money Market Fund 10.00 10.00 13.95% 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 1.03 1.05 4.82% PACAM Fixed Income Fund 10.30 10.36 3.32% 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 107.85 108.61 5.87% 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 1.23 1.23 8.58% 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 1,825.28 1,835.99 8.69% Stanbic IBTC Bond Fund 152.03 152.03 3.37% Stanbic IBTC Ethical Fund 0.80 0.81 7.33% Stanbic IBTC Guaranteed Investment Fund 181.96 181.96 7.23% Stanbic IBTC Iman Fund 139.69 141.46 3.24% Stanbic IBTC Money Market Fund 100.00 100.00 16.19% Stanbic IBTC Nigerian Equity Fund 7,678.81 7,781.08 6.84% 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 1.16 9.05% United Capital Bond Fund 1.25 1.25 15.60% United Capital Equity Fund 0.69 0.70 0.19% 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 9.68 9.85 1.48% Zenith Ethical Fund 11.36 11.44 -0.96% Zenith Income Fund 16.73 16.73 4.27%

REITS

NAV Per Share

Yield / T-Rtn

11.58 122.80

3.99% 6.00%

Bid Price

Offer Price

Yield / T-Rtn

9.06 76.80

9.16 78.25

-5.40% -7.72%

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

2.65 7.20 12.42 17.02 129.25

2.69 7.28 12.52 17.22 131.25

14.59% 12.60% -1.03% -11.34% -

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.

40

TUESDAY NOVEMBER 8, 2016 T H I S D AY

41

TUESDAY, NOVEMBER 8, 2016 • T H I S D AY

NEWSXTRA

US Govt Deplores Nigeria’s Malaria Elimination Programme amid Millions of Dollars Spent FG: N132bn spent on disease, bans manufacture, sale of Chloroquine Paul Obi in Abuja The United States government yesterday in strong terms deplored Nigeria’s effort on the Malaria elimination programme spearheaded by the Federal Ministry of Health through the National Malaria Elimination Programme (NMEP), stating that there were several ‘shortcomings’ in the performance and delivery of the programme amid the millions of dollars spent so far.

Speaking in Abuja at the launch of the Nigeria Malaria Indicator Survey, USAID Country Director, Michael Harvey, explained that the outcomes from the implementation of the malaria elimination programme as indicated in the report fell short of expectations in terms of overall performance.

Harvey said: “What is striking is that there continue to be imported nets, and we do yet have an industry in Nigeria that is producing them at a cost Nigerians can afford. What is very clear from the report however is that there are some immediate to-do in our action list, first people are testing to see if a fever is malaria.

“And this is something that should doable since affordable test kits are readily available either through the public sector or private sector at an affordable cost. Too many medical professionals are still treating without testing and this is easy to fix but the men and women need to be taught about changing that culture in the Nigerian medical professional.

“Second, we are not treating malaria proper. I am surprised to find out when you travel around Nigeria Chloroquine is available and too readily prescribed as a treatment for malaria. Worst, this is actually

a major public policy that we have to get on top of. We are still producing Chloroquine in Nigeria, a drug that has no beneficial use either for malaria or any other use.

We have some challenges, and for those who are in the front lines of providing health care to the poorest, and it is always important to bear the greatest burden. We must get on top of these short comings,” Harvey stated.

The USAID Country Director added that though US government remain prepared to be a partner with Nigeria, “we have a long way to go. So please support your health workers, support your communities, health volunteers, get them the tools they need, let’s get on top of it. We have seen across Africa, tremendous decline in Malaria across the continent. We are behind, but it is doable, that malaria is eliminable and that is one of the most urgent messages.

We have a lot of work to do and let’s do it.”

The Minister of Health, Prof.

Isaac Adewole, who launched Nigeria Malaria Indicator Survey report said: “No other disease has affected Nigeria like Malaria, given that Malaria is responsible for 11 per cent for maternal mortality, responsible for 25 per cent of infant mortality and 35 per cent of under-five mortality.

“And it is the single most important reason why any Nigerians visit a health facility.

60-70 per cent consultation and hospitals visits are due to malaria, and therefore this is one major problem we must face. And when we invest in this war, the savings would be huge.

According to Adewole, Nigeria “loses about N132 billion to malaria, and these are savings that could be ploughed back into our economy if appropriately used”

Buhari Shares Classroom with Students of Ogbemudia College, Benin President Muhammadu Buhari yesterday shared a classroom with students of Samuel Ogbemudia College in Benin City.

Buhari, who is on twoday working visit to the state, sat with students shortly after inaugurating the school refurbished by the Governor of the state, Adams Oshiomhole.

The president, according to The Cable, had promised to be committed to quality education in Nigeria.

During the 2015 election campaign, Buhari promised to improve Nigeria’s teacher-student ratio by employing thousands of teachers across the country.

Under the N-Power scheme handled by the office of Vice-President Yemi Osinbajo, the Buhari government said it has

employed 150,000 teachers to serve in communities across the country.

“Already 200,000 unemployed Nigerians have been selected, including 150,000 who would teach and serve in their communities,” Laolu Akande, Osinbajo’s spokesman, said via a statement.

“The balance is made up of 30,000 who would serve as agric extension workers and 20,000 who would serve as public health workers.

“Each of the unemployed graduates would get a N30,000 monthly stipend, and also get an electronic tablet that would be packaged with several applications that would train and empower the participants.”

as malaria remained “a major public health challenge.

The 2015 Nigeria Malaria Indicator Survey report is aimed at measuring “progress on malaria elimination implementation efforts” with the objective of ensuring that “by 2020, that no child or adult die from malaria related ailment.”

He argued that though there are still gaps in completely

eliminating the disease, “there have been improvements in the implementation of malaria programmes.”

The Permanent Secretary in the Federal Ministry of Health, Mrs. Amina Bello, represented by the Director of Public Health, Mrs. Evelyn Ngige, stated that the survey “data collection process involved a total of 375 terms of data collectors and

provides important nationally representative data on malaria.”

She further stated that notwithstanding the challenges confronting government on malaria elimination, “considerable effort has been made by government and partners to reverse these grim indices.”

The Chairman of the National Population Commission (NPC), Chief

Eze Duruiheoma (SAN), observed that the survey is very key to the fight against malaria, assuring that, NPC will continue to fulfill its mandate of providing efficient and accurate health care data for the country.

The survey was supported

by USAID, UKAID, the Global Fund, WHO, UNICEF, Centre for Disease Control among other organisations

MEETING OVER OLANIWUN AJAYI’S BURIAL

Ogun State Governor, Senator Ibikunle Amosun (middle); Dr. Ola Ajayi (second left), Chief Olu Odebiyi (right), Prof.

Kanyinsola Ajayi (second right); and Dr. Yemi Ogunbiyi (left), when a delegation from the family of the late Afenifere leader, Chief Olaniwun Ajayi, called on the governor in his Oke-Mosan, Abeokuta office...yesterday

Witness Admits Saraki Acquired Properties through Bank Facility Prosecution alleges loans repaid with public funds Tobi Soniyi in Abuja Mr. Michael Wetkas, the prosecution witness in the trial of the Senate President, Dr Bukola Saraki, for alleged violations of the Code of Conduct for Public Officers, yesterday told the Code of Conduct Tribunal that Saraki stated in his assets declaration form that he acquired the real properties in issue through bank facility.

Wetkas, who was under cross examination by counsel to the Senate President, Mr. Paul Usoro (SAN) also admitted that the assets form of Saraki for 2007, indicated that on July 11, 2007, the Senate President declared the assets as acquired with loan obtained from a bank.

But the witness stated that four years later, Saraki declared that the same properties were acquired from proceeds from his commodity business.

The witness, who was asked to read bank statement of the defendant, told the tribunal that the loans obtained to purchase the properties in dispute had been liquidated prior to the 2011 declaration.

The witness, who is an operative of the Economic and

Financial Crimes Commission (EFCC), said the repayment of the loans were made in five tranches between May 2007 and May, 2008.

He said: “The first payment was made in May 2007, the second was August 2, 2007, the next was November 2, 2007, the next was February 1, 2008, and the last one was paid in May 2, 2008.”

When asked if he had any evidence that the funds used to repay the loans were from the Kwara State government, the witness refused to give a direct answer but later admitted that he did not mention Kwara State Government in his earlier evidence.

He however, insisted that the manner the loans were repaid contravened the Money Laundering Act. When reminded that if the offence was that of money laundering, CCT should not be the court to try Saraki, the witness kept quite.

In his reaction, the prosecution counsel, Mr. Rotimi Jacobs (SAN), argued that earlier during investigation, it was proven by some people that the money lodged in Guaranty Trust Bank

was given to them by Saraki in Government House.

Usoro had referred the witness to counts two and three of the charge against Saraki, which accused him of false declaration of assets while in office as Kwara State Governor as well as using his position as governor to abuse the rights of people of the state.

The witness in the course of cross-examination, admitted that five other assets were declared and that one common denominator in all the assets indicated that they were acquired with proceeds from sales of rice and sugar and that they were all acquired by Saraki before he became governor in 2003.

He said: “For instance, the first property was acquired in 1990, the second was in 1996, the third was in 1991, the fourth was in 1992, the fifth was in the year, 2002 while the last property in question was bought in 2006.

“On page eight of an exhibit tendered earlier before the court, the property was declared and was captured correctly in his assets form as ‘bank loan’ and the amount of loan indicated

appropriately.

“After the end of tenure, by law, he was supposed to make another declaration on assumption of his second tenure, and going through Exhibit 4, the declaration form reads July 11, 2007, and going through the form, on page five, the property was declared and equally indicated as having been acquired with bank loan for N496 million.”

Still under cross-examination, the witness admitted that he neither investigated the Kwara State Government fund nor the business structure of the Senate President.

He also admitted that Carlisle Properties and Investment Limited, a private company and not Saraki as an individual, acquired the property at Glover Road, Ikoyi Lagos.

At about 2.35p.m., Chief Kanu Agabi (SAN) through Usoro pleaded with the tribunal for an adjournment but again, Jacobs objected, stressing that the witness should be made to complete his evidence.

At the end, the tribunal adjourned further trial till today.

TUESDAY, NOVEMBER 8, 2016 • T H I S D AY

42

NEWSXTRA

Army Releases 1,271 Detainees in Maiduguri Saraki laments death of Abu-Ali

The Nigerian Army said yesterday that it had so far released about 1,271 detainees after clearing

them of any link with the Boko Haram terrorists group.

Brig.-Gen. Victor Ezugwu, the

FCT Minister Accuses Aliero of Wrongly Allocating Army’s Land Omololu Ogunmade in Abuja

infrastructure in the area out of estimated N23 billion,” he said.

The Minister of the Federal He appealed to the committee Capital Territory (FCT), to give the FCT authority and Mohammad Bello, yesterday the Army more time to resolve accused one of his predecessors, the problem. “At the end of the Senator Adamu Aliero, as the day, we would be able to reach architect of the current face-off a solution to meet the needs between the Nigerian Army and of the military and of course, civilians in FCT over the rightful ensure also those that were ownership of 238 hectares of allocated plots in that area in land in Maitama Extension. terms of financial commitments, Bello who made this allegation do not lose their commitments,” while appearing before the Bello said.

Senate Committee on FCT in the In his submission, the Chief National Assembly, said the 238 of Army Staff, Lt. General hectares of land were originally Tukur Buratai, explained that allocated to the Nigerian Army in after acquiring the land, the 1996 but Aliero later re-allocated military would relocate from about 600 plots of the land to its temporary areas of operation some notable civilians and retired adding that the Nigerian Army, military officers without revoking Navy, Air Force and the Defence the allocation made in 1996 by Headquarters do not currently Lt. Gen. Jeremiah Useni (rtd.). occupy the right places for such He said: “I want to just operations. mention that the area in In his remarks, the Chairman contention was actually an of the Committee, Senator area earmarked for the Nigerian Dino Melaye, suggested that Army under the Guards Brigade compensation should be way back in 1996. But for considered for individuals sometime in 2009 a portion and who have already developed the entire area in contentious is their property on the land they about 246 hectares or thereabout. thought was legally acquired.

“Sometime in 2009, plot Meanwhile, Buratai yesterday allocations were made there and lamented the killing of Lt. Col. commitments were undertaken Mohammed Abu-Ali, six other by the FCTA in terms of soldiers and a naval rating by infrastructure. Allocated plots Boko Haram insurgents last in that area from our records weekend in Borno State and numbered about 600 plots out of called for scrutiny of responses which Certificates of Occupancy by individuals and organisations (C-of- O) have been issued to to national defence in the country. about 200 from payments of He said the death of Ali and about N5.6 billion have been other soldiers should open the received aside commitment of eyes of security personnel in about N9billion billion already their fight against Boko Haram made in respect of providing insurgency.

General Officer Commanding (GOC) 7 Division of the Nigerian Army, Maiduguri, disclosed this while speaking at a forum for the reintegration of children associated with armed forces or armed groups in Maiduguri.

Ezugwu, who was represented

by Col. Yusuf Ali, said that most of those released were women and children.

“The Nigerian Army gives utmost priority to the rights of detainees especially women and children.

“We always try to fast track investigation to determine their fate, while those found innocent were released with out delay,” he said.

According to the News Agency of Nigeria (NAN), Ezugwu added:

The Minister of Interior, Lt. Gen. Abdulrahaman Damdazzau (rtd), yesterday inaugurated a 16-member technical committee to find ways of ending the perennial herdsmen and farmers conflicts in different parts of the country.

Mercy Corps, a humanitarian international body funded

by DFID, United Kingdom (UK), had stated in its recent report that Nigeria loses over $14 billion revenue annually from the conflicts, while deaths of thousands of rural farmers over have been recorded in the last two decades.

Inaugurating the 16-member committee, which is headed by Prof. Oshita Oshita, in Abuja, the minister urged them to draw up a road map for an all inclusive gathering to address the lingering conflicts between the herdsmen and farmers.

Damdazzau said: “You would recall that the conflict has been escalating at every passing year with more violent proportion, different dimensions and increasing geographical spread.”

According to him, the conflict has resulted to wanton destruction of lives and property, districts among the ethnicreligious groups in the country and threat to the internal security and socio-economic development of the country.

The minister said the 16-member committee arose out of a one day stakeholders meeting held in April, which brainstormed and articulated ways of tackling the issue.

He said the meeting came up with a far-reaching decision of the 16 member committee to develop a road map and framework for convoking an all embracing forum.

Dambazzau, charged the

hygiene,” Ezugwu said.

He said children and vulnerable persons were fed three times daily with balanced diet.

“We always provide meat or fish in every meal and drinks every Sunday for them.

“If fact, some of those released would have preferred to remain with us if they had the choice rather than move to IDP camps,” he said.

Ezugwu commended the organisers of the forum, saying the event was timely.

However, the Senate President, Bukola Saraki, lamented the demise of the soldiers, describing Ali as one of the nation’s vibrant and promising officers in the Nigerian Army.

He said: “We have lost a fine soldier and patriotic young Nigerian. This sacrifice is one of the many that Nigerians and most especially, the Armed Forces, have made in taming the misguided terrorists in our land.

“The death of Lt. Colonel Ali is a big burden that this nation is bearing in the bid to restore peace to all parts.

We have lost hundreds of our security operatives and innocent Nigerians in the struggle.

“My heart goes out to Ali’s young wife and three children.

My heart also goes out to Ali’s father, Brig. Gen. Abu Ali (rtd) who had equally served the nation as a soldier.

CAPACITY BUILDING TO EXECUTIVES

L-R: Head, Investment Management Department, Securities and Exchange Commission (SEC), Efiok E. Efiok; Chief Executive Officer, Nigerian Stock Exchange (NSE), Oscar N. Onyema; Managing Director, Lotus Capital Limited, Hajara Adeola; Executive Director and Head of Sub-Saharan, Africa Client Coverage Team, MCSI, Gareth Allison; and Executive Director, Stanbic IBTC Asset Management, Shuaib Audu, at the NSE Exchange Traded Fund (ETF) workshop 2016 in Lagos....yesterday DAN UKANA

FG Inaugurates C’ttee on Herdsmen, Farmers Conflicts

Dele Ogbodo in Abuja

“Consequently, between February and October this year we have had five releases.

“In February 135 persons comprising mainly women and children were released, 204 were released in May, while the remaining three releases were carried out in September and October.”

He said the army had also improved on the provision of welfare for the detainees.

“As part of the military high command care for the vulnerable persons under our protective custody.

“We have identified areas needing attention including feeding, health care, decongestion of cells, respect for detainees rights, sanitation and personal

committee to fashion out the way forward in addressing the conflict that is fast becoming a clog in government’s efforts towards achieving harmonious relationship amongst Nigerians.

He said: “The committee is therefore, expected to work assiduously within 14 days in line with but not limited to the terms of reference: Identify the problems underlying the conflict from regional and national perspectives, have an overview of past police investigations including those that have implemented, their success and challenges.

“Situate the Niger-Benue trough as main area of conflict between the herdsmen and farmers. Identify regional and local laws and regulations that impact on the conflict and outline tentative strategy to deal with the conflict and the methodology for resolving it.”

CJN: JUDICIARY WILL CONTINUE TO DEFEND ITS INDEPENDENCE has urged the justices of the Supreme Court not to succumb to intimidation from any quarters in the discharge of their noble assignment but to ensure that justice is not only done but is also seen to be done.

As the Supreme Court gets set to deliver judgment on November 8 on the appeals of Chief Timipre Sylva and the All Progressives’ Congress (APC) against the judgments of the Election Petition Tribunal and the Court of Appeal, both of which upheld the election of Governor Seriake Dickson, the party asked the apex court to ignore the pressure to give judgment in line with the constitution.

In a statement issued yesterday by the party’s spokesman, Prince Dayo Adeyeye, PDP said the judgment of the Supreme Court comes at a time when the Judiciary is facing an onslaught from the ruling party using the

apparatus and instruments of state.

“This judgment will be given in the face of allegations, by justices of the Supreme Court no less, that senior members of APC and ministers in this administration attempted to bribe judges to subvert the course of justice in similar suits relating to elections in Abia, Akwa Ibom, Ekiti and Rivers States.

“We are aware that these people and other senior members of APC are, again, putting pressure on Justices of the Supreme Court to pervert the course of justice by overturning the decisions of the Election Petition Tribunal and the Court of Appeal, and nullifying the mandate freely given to Governor Seriake Dickson by the people of Bayelsa State.

“We reiterate our belief that the judiciary is the last hope of the common man and the

bastion upon which our entire democracy rests. We believe that there are men and women of integrity, with proven track records in the dispensation of justice who ensure that justice is not only done but is also seen to be done.

“We urge the justices of the Supreme Court to ignore this pressure and to give judgment in line with the dictates of our constitution, electoral laws and good conscience.

“In these trying times when the disregard for the rule of law prevails and there is a deliberate disregard for the constitutional rights and freedoms of the Nigerian people, we call on the judiciary to stand firm against this tyranny.

It is with this spirit that we re-affirm our position that we will accept the judgment of the Supreme Court in good faith and in the interest of the Nigerian and Bayelsan people.”

43

TUESDAY, NOVEMBER 8, 2016 • T H I S D AY

NEWSEXTRA

At Last Umahi, Elechi Reconcile Benjamin Nworie in Abakaliki

After many weeks of tension and speculations over the governorship election in Ebonyi State, Governor David Umahi and his predecessor, Chief Martin Elechi, yesterday met for the first time since after the 2015 general election.

The peace meeting between governor and his predecessor whom he served as deputy, was organised by the state chapter Christian Association of Nigeria (CAN), chapter at the Thomas McGethrick Pastoral Centre, Mile 50, Abakaliki.

Elechi had vehemently opposed the emergence of his former deputy, Umahi as his preferred candidate but the later persisted against all odds to vie for the election, which triggered off the supremacy battle that saw Elechi’s defeat.

Before the PDP governorship primaries, Elechi adopted the former Health Minister, Onyebuchi Chukwu as his preferred candidate based on the former governor’s charter of equity. As

Elechi’s mission failed, he conscripted a businessman from the North zone, Edward Nkwegu, from the North zone, on the platform of the Labour Party as his preferred successor, which sparked off mix feelings from the people that led to the defeat of all Elechi’s nominators.

Elechi who arrived the venue of the meeting in his black Sports Utility Vehicle (SUV), was spotted discussing with the Catholic Bishop of Abakaliki, Most Rev Michael Okoro, at the veranda of the edifice before the arrival of Governor Umahi at 1.59p.m.

Accompanied by stakeholders among whom were Speaker of the state House of Assembly, members of the state executive council, elders of Divine Mandate and members of CAN, Umahi and Elechi did not exchange pleasantries but proceeded for the meeting which was held under closed-door.

Though the meeting was held under closed door, it was gathered that the meeting was to reconcile

the duo who had been at dagger drawn with each other arising from the outcome of the election.

The meeting was the third time a peace talk would be organised for the duo without success as the former governor has always been accused of being averse to peace and reconciliation.

It was believed that Elechi’s meeting with Bishop Okoro before the main meeting was to appeal to his conscience to allow peace to reign especially when Umahi was said to be open for peace and reconciliation.

Elechi was the governor of the state from May 29, 2007 to May 29, 2015. He nominated Umahi who was then the state PDP Chairman as his running mate in the build up to the 2011 general election which they won. They fell out when the former wanted to hand over to the former Minister for Health, Chukwu as against the alleged agreement between Elechi and Umahi that Umahi would succeed him.

BANIRE OFFERS TO STEP DOWN AS APC LEGAL ADVISER OVER EFCC INVESTIGATION in the performance of his judicial duties on the Bench of the National Industrial Court. This is perfectly understandable to me within the general context of the investigation in which the allegation had arisen, and considering that I have lately come to also realise that two of my colleagues in chambers had been involved as defence counsel in two cases before the subject judge among 12 cases in all they have ever done at the industrial court since inception.

“My review of the two case files which I came to be conscious of after my interactions with the EFCC shows that one of them was amicably settled between the parties for a sum less than N1.2million, thereby technically losing the case, whilst they won the other and that the combined professional fees (net of taxes) for the two cases was less than N2million,” he explained.

Banire, a Senior Advocate of Nigeria (SAN), however said “While protesting my innocence, and will therefore do everything within legal limits to defend myself, I have, from the first instance, become aware of the allegation, offered my full cooperation to the EFCC and will continue to cooperate with, and give it all the assistance it may require of me in the course of its ongoing investigation into the matter.

“I have gone to the above length so that other

members of the National Working Committee of our Party may become fully apprised of the allegation and the facts surrounding it, at least, as I have come to know/understand them. It is equally important to state that the said judge under one guise or the other solicited and collected from several other lawyers with not less than nine senior advocates involved as at the last count.

The said judge does not deny the fact of solicitation equally.

“My concern for the name and image of the party has become heightened following the frenzy of press reports (allegedly based on undisclosed EFCC sources) that have followed my interrogative visits to the EFCC all of which have not failed to play up the fact of my being the National Legal Adviser of our party, the ruling party.

I have, throughout my life, believed in the primacy of the whole over its constituent parts, and, therefore, in the importance of building and doing everything possible to preserve the institution over and above the personal interest of any individual within that institution.

“For me, this party, our party, and the government which it now leads at the federal level stands for something beyond any individual interest; I see it as the last beckon of hope for our long-suffering people.

Whatever is necessary to be done to preserve it and ensure its effectiveness in

order for it to attain and achieve its full potential must be done; and where that calls for our individual sacrifice, we must willingly offer it.

That is the challenge before all of us, who genuinely seek a change in the pitiable situation of our country, Nigeria.

“Therefore, as surreal as I find the allegation to be, I will not stand by and watch it negatively affect the name of the party. I will rather stand by, even in the unfair circumstance I have narrated, than allow the party that I (with you and our other leaders and members across the length and breadth of Nigeria) have sacrificed brain and brawn to build-up into the formidable party it has become as a potential tool for the political re-engineering of Nigeria, and the emancipation of our peoples from want in the midst of plenty, spreading illiteracy in the age of knowledge, the ravages of commonplace diseases that have become history in other climes, and such other manifestations of poor governance that have been and remained our lot, even after 56 years of independence from colonialism.

“Mr. Chairman, Sir, it is in view of the above circumstances that I wish to temporarily step aside from my position on our National Working Committee as the National Legal Adviser of our party until completion and final outcome of the EFCC investigation involving my person,” he said.

44

TUESDAY, november 8, 2016 • T H I S D AY

TUESDAYSPORTS

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

C O U N T D O W N A G A I N S T A LG E R I A

Iheanacho, Iwobi, Others Arrive for World Cup Cracker Femi Solaja In-form strikers, Manchester City’s Kelechi Iheanacho and Arsenal’s Alex Iwobi, are among the early birds to arrive Super Eagles camp yesterday for the all-important FIFA World Cup 2018 qualifying match against Fennecs of Algeria in Uyo on Saturday.

Super Eagles Spokesman, Toyin Ibitoye, confirmed the arrivals yesterday in a telephone interview.

He said all hands are on deck to ensure smooth camp programme ahead of the match in the refurbished Uyo Stadium.

A win for the Super Eagles against the Maghreb nation will put Nigeria in firm control of Group B in the race for Russia 2018 ticket.

It will be the first time since France ’98 qualifying series that Nigeria will not need any permutation as a parameter for qualification in a round-robin continental event.

A hard fought 2-1 win against Zambia in Ndola on Match-day 1 had put the team in cruise control ahead of the remaining five matches to be played.

Other players in the Eagles’ camp as at last night include goalkeepers Daniel Akpeyi and Ikechukwu Ezenwa. Ibitoye also confirmed that almost all the players including skipper John Mikel Obi and his deputy, Ahmed Musa were expected to join on-form Chelsea’s Victor Moses, Watford striker Odion Ighalo and Germany-based defender Leon Balogun in camp last night.

Super Eagles will be without first choice goalkeeper Carl Ikeme.

“We have confirmation from the technical crew that the rest

of the players will arrive today after playing for their respective clubs over the weekend,” Ibitoye responded last night.

Although training camp in Abuja officially opened yesterday and the squad is expected to depart for match venue Uyo on Thursday. Incidentally, the Algerians are also scheduled to arrive via a charted flight to the venue of the match same day.

Super Eagles Manager, Gernot Rohr, has admitted his lads face a very daunting task at home against the Algerian side on Saturday.

In an interview with cafonline. com yesterday, Rohr expressed hope that Nigeria will win to consolidate the leadership of the World Cup qualifying series.

“It will be difficult against Algeria because they are number one in Africa but we will try to beat them to have a good position in our qualifying group.”

“I believe all the games in this group will be difficult to win because all the four teams are very strong,” he told cafonline. com.

“Algeria which is the number one team in Africa must be disappointed for dropping points at home against Cameroun.

“They will come to Uyo very well prepared against us. So mathematically, it was a good operation for us that we won in Ndola; and we are the only teams that have three points after the first round of matches.”

“The preparation has been to look at our players in their clubs because we cannot play any friendly match,” he continued.

“We have to analyse the matches and we also have to

keep eyes on our players because we have started building a new team with many young players.

“It was good we have two wins after two matches (Tanzania and Zambia) which is good for our confidence but there is still a lot of work to do.”

Meanwhile, an injury crisis has hit Algeria with no fewer than four key players doubtful for Saturday’s World Cup showdown.

Faouzi Ghoulam, Ryad Boudebouz, Hilal Soudani and Rachid Ghezzal are all uncertain for the match due to injuries.

Ghoulam and Boudebouz played for their clubs Napoli and Montpellier respectively this past weekend, but joined the training camp Sunday with abductor problems.

Incidentally, Boudebouz was man of the match after he netted a

brace for French club Montpellier.

Dynamo Zagbreb striker Soudani and Ghezzal from Lyon did not even feature for their clubs this past weekend on account of injury.

Last-minute call-up and Angers of France defender Mehdi Tahrat is also nursing a groin problem and so did not feature for his club in their last game.

Top stars Islam Slimani

and Nabil Bentaleb have also endured injury scares most recently.

Leicester City striker Slimani missed two matches due to injury, while Bentaleb hurt his knee in action for German club Schalke 04 before he recovered in time on Sunday to fire his fifth goal in six matches on loan from Premier League side Tottenham Hotspur.

L-R: Kelechi Iheanacho, Jude Odion-Ighalo and Alex iwobi

ITTF Confirms Nigeria, 26 Others for NSA: Organisers Reveals World Junior Championships Nominees for Special Sports Categories

Barely a month to the 2016 edition of the Nigerian Sports Award, the organisers have released another set of shortlisted nominees for the 5th edition of the award.

According to the Chairman of the Award Panel, Mr. Ikeddy Isiguzo, the panel has concluded plans to give out recognition awards to deserving former sportsmen and women as well as sports management bodies as part of the activities lined up in commemoration of the fifth anniversary of the award.

Speaking on the shortlisted nominees for other categories, Isiguzo revealed three members of Team Nigeria’s power-lifting squad to the 2016 Paralympics Games in Brazil - Ezuruike Roland, Kehinde Paul and Innocent Nnamdi as those who made the shortlist of the Special Sports Person of the Year (Men).

The duo of Ezuruike Roland and Kehinde Paul won gold in

the 54kg and 65kg categories respectively while Innocent Nnamdi won bronze in the 72kg power-lifting event.

For the Special Sports Person of the Year (Women), three power-lifters - Bose Omolayo, Orji Josephine, Ejike Lucy and two field athletes - Onye Lauretta and Ugwunwa Flora made the shortlist.

The trio of Bose Omolayo, Orji Josephine and Ejike Lucy won gold in the 79kg, 86kg and 61kg power-lifting event respectively while Onye Lauretta won gold in the F40 Shot Put event and Ugwunwa Flora won gold in the F53/54 Javelin Throw.

The nomination list was compiled from members of the public through the various nomination platforms. The prestigious Nigerian Sports Award is slated to hold on the 2nd of December 2016, at Eko Hotel& and Suites, Victoria Island, Lagos.

The world table tennis ruling body (ITTF) has confirmed Nigeria and 26 others for this year’s World Junior Championships holding in Cape Town, South Africa.

In the list of participating countries released by ITTF, Nigeria, Egypt, Tunisia and Algeria including host – South Africa would represent Africa at the eight-day championships.

The tournament is scheduled to hold between November 30 and December 7, Nigeria, South Africa and Egypt will present boys’ and girls’ teams, while Tunisia will have her boys’ team along with Algeria representing the continent in the girls’ team for the competition.

Nigeria’s qualification was made possible following the sterling performance of her players at the last African Junior Championships held in Algiers, where the team finished second behind Egypt in the team event.

At the World Junior Championship, Nigeria will compete for laurels in the team, doubles and singles events.

Meanwhile, the Tournament Director of the championship, Joe Carrim, has said that everything have been put in place to make the competition exciting for teams.

The Grand West Casino and Entertainment World will host the eight-day championship. The venue is the largest entertainment

destination of its kind in South Africa. It is the only casino in Cape Town. It is a wonderland of around-the-clock entertainment, with all the thrills and excitement of a Las Vegas-scale casino.

It is a family-friendly destination that offers the biggest selection of kids’ entertainment and fun activities in Cape Town, from ice-skating to ten-pin bowling all under one roof.

Explaining the readiness for the championship, Joe Carrim said: “The venue is ideal for the Sun International 2016 ITTF World Junior Table Tennis Championship.

All venues related equipment is in place and we await delivery of the floor tables and balls. The

promotional programme gas taken off with weekly radio interviews by players and local organisers in the city of Cape Town.”

He added: “The GrandWest Casino and entertainment provides a host of entertainment programmes and frequented by young and old. We expect the profile of our sport and our organisation to lift in the eyes of the public and government alike so that we work towards the establishment of a national semi professional circuit sponsored by the private sector.”

Already, 96 boys and 96 girls have been listed to slug it out in the individual events of the competition.

Oshoala Present Club Jerseys to Federation Cup Finalists Arsenal Ladies and Super Falcons’ striker Assisat Oshoala made a special presentation of her London club jerseys to Rivers Angels and Bayelsa Queens in the Federation Cup Women’s final decided on Sunday at the Teslim Balogun Stadium.

The jerseys were presented on

behalf of Oshoala before the kick off of the women’s final by General Manager, Marketing of HS Media Group, Adelola Chu-Osakwe to the captains of both teams, Charity John for Rivers Angels and Esther Udegbe for Bayelsa Queens.

The London-based star, who is the official Face of the 2016 Women’s

Federation Cup final reiterated that the motive of the jersey presentation is to encourage female football in Nigeria and ginger the female players to reach for greater heights.

“I’m delighted and honoured to be the Face of the 2016 Women’s Federation Cup final in Nigeria.

This presentation of my Arsenal

club jerseys to the two teams in the final is a way of giving back to the system that produced me,” Oshoala said.

Oshoala played for Rivers Angels of Port-Harcourt in the Federation Cup final two years ago before leaving the shores of the country for her professional career in England.

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T H I S D AY • TUESDAY, NOVEMBER 8, 2016

TUESDAYSPORTS

Ronaldo Seals New Real Madrid Deal Even at 31, claims can still play for the next ten years

Cristiano Ronaldo has said he can continue playing for another 10 years after signing a new deal at Real Madrid yesterday.

The 31-year-old’s deal was set to end in June 2018 but his new contract extension will see him remain with the club until June 2021.

The Portuguese added the new contract would not be the last deal he signs as he wants to finish his career at Real.

“What I most want is to continue enjoying the years I have left to play. I still have 10 years,” he said.

And while the Portuguese wants to end his career at the

NCC TENNIS LEAGUE

Bernabeu, he admitted: “No-one knows what the future holds.”

Ronaldo, who has scored 371 goals since joining the club from Manchester United in 2009, added: “I’m going to be here for another five years, but let it be known this will not be my last contract.

“I have said many times that I carry this club in my heart, it is part of me and it is a special time in my life.

“Of course I would like to end my career at this club, this

is my penultimate contract, I want to be here for many years to come.

“I want to continue rewriting history at this club.”

It has been reported his weekly wage will remain at around £365,000.

Club President, Florentino Perez, said: “We want to be together for many years to come.”

The Portuguese has helped Real win the Champions League twice and La Liga once since

moving to Spain’s capital seven years ago.

Ronaldo helped Real cement their place at the top of the La Liga table by beating Leganes 3-0 on Sunday.

After the game, Real boss Zinedine Zidane described Ronaldo as “unique”.

Zidane added: “It is his dream to end his career here.

“I am happy that he can renew (his contract) and finish with this white shirt like I did a long time ago.”

Ronaldo

Former coach of the National Basketball team- D’Tiger, Ayo Bakare has been listed among the experts expected to handle proceedings at the four-day Lagos State Basketball Training Workshop holding on November 15 to 18.

Bakare has also confirmed his attendance while applauding the Lagos State Basketball Association (LSBA) led by Babs Ogunade for initiating the training with Dynaspro Sports.

Bakare will be bringing to fore

during the training his more than two decades of experience as club coach as well as his technical know-how at national team levels.

Also joining Bakare during the training workshop is Coach Oliver Babatunde Johnson, anAmerica-born tactician who has been involved in the game for several years in Nigeria.

According to LSBA, the benefits of the four-day training include the certification of coaches in the state while only certified coaches would be allow to handle teams.

Moreover, the Technical Director of LSBA, Gbade Olatona said the exercise would provide an opportunity for schools to develop a relationship with the association to ensure genuine technical development of the sport.

“Some of the benefits for attending the four-day Train the Coaches “above the rim” programme include certification and licensing of coaches that perform satisfactory while licensed coaches will be endorsed to teach our school children the game

of Basketball. Only licensed coaches will be allow to accompany school teams playing in all state-organised competition for primary, secondary and tertiary levels,” Olatona said.

For the coordinator of Dynaspro Sports, Oluseyi Oyebode, good classroom with good facilities and equipment without a good teacher is a purely waste of time, He however urged parents and schools to ensure that their engaged coaches are qualify to teach and coach their wards.

Defending Champion, Team Tombim Bakare Tops List of Experts for Lagos Secures S’final Place Basketball Workshop

Team Tombim, defending champion of the NCC Tennis League, are through to the semifinals from the Blue Group following their 7-0 defeat of Team Goshen of Ilorin over the weekend in Abuja Athough Team Tombim, anchored by current national champion Moses Michael, still has one more tie against Team Anambra next week, their place in the semi finals is assured having won all three ties they have played. Team Goshen which

showed remarkable improvement in their final match is now out of contention.

The other semifinal place from the group will be contested by Teams Offikwu, Lead Way and Anambra.

In the two White Group ties played same weekend, Team Kalotari beat Team Hope from Asaba 6-1 in Port Harcourt while Team Civil Defence defeated CBN Futures 7-0 in Kaduna. All teams in the White Group are still in contention for semifinal places.

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TUESDAY NOVEMBER 8, 2016 T H I S D AY

TUESDAY NOVEMBER 8, 2016 T H I S D AY

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Tuesday November 8, 2016

TR

UT H

& RE A S O

N

Price: N250

MISSILE Kachikwu to NNPC

“First, I am not aware that the NNPC has increased its price. I need to look into that, it’s a bit of surprise for me, because there are processes in doing this. If they have done that, it means they are doing it wrongly. Let me find out what the facts are. Having said that, the reality is that what we did at the point where we did some liberalisation was to enable the free market float the price.” – The Minister of State for Petroleum, Dr. Ibe Kachikwu, accusing the Nigerian National Petroleum Corporation (NNPC) of not going through the proper channel following the fuel price hike at its retail outlets from N141 per litre to N145.

ISSAAREMU GUEST COLUMNIST

Remembering Claude Ake Y esterday marked the 20th anniversary of the tragic ADC Airlines Flight 86 crash. On November 7, 1996, Boeing 727-200 operating the flight lost control while reportedly avoiding a mid-air collision on approach; killing all 144 passengers including a globally acknowledged African political economist; Claude Ake. May their souls rest in peace. It is not an exaggeration to say political economy as a tool for explaining socio-economic dynamics of Africa almost ‘died’ with the political economist himself. Since the tragic deaths of the likes of Amilca Cabral, Ruth First, Frantz Fanon and Walter Rodney, Claude Ake’s death was a singular loss to the revolutionary thought of the 20th century.

I always recall with nostalgia a one-man intellectual progressive war successfully prosecuted by late Ake in defence of Africa.

It was during the occasion of an historic international conference on Rethinking Emancipation Concepts in 1991 by the prestigious International Institute of Social Studies (ISS), The Hague, Netherlands where yours comradely did his Master’s degree studies in Labour and Development Studies.

By consistent presentations, Africa and indeed Asia, had emerged at this historic conference as foot-notes in the evolution of emancipatory ideas and actions. In particular, Africa was presented as a burden with dubious distinction in senseless war, famine, under-development, poverty and disease. Ake’s intervention at this conference, albeit on the last day, offered a food for thought, for a largely Euro-centric menu packaged as international conference to the prevailing myth about Africa.

Ake raised an exceptional objection. In his characteristic lady-like soft-voice that belied his ever-entrenched resolve, Ake observed that the celebrated stories of despair, repression, wars, famine and bizarre about Africa were mainly from the formal structures of states that are in themselves legacies of slavery, brutal conquests and colonialism, structures that are still linked to the current global formal system of exploitation and oppression.

He maintained that success stories abound in non-visible, non-formal interactive communities of the continent, which according to him, engenders harmony, peace, entrepreneurship, shared values, fairness and justice and even gender equality. Ake was unapologetically romantic about Africa’s non-visible past. He actually presented Africa’s unanimous heroes and unreported processes and presented a remarkable but courageous outing in a setting many “African” scholars sought acceptance through slavish compliance with received wisdom.

After his triumphant presentation at this historic conference even at the risk of being smeared as an apologist of Africa’s failed states, Ake shared his frustration with me. He said it was a paradox that notwithstanding the advocacy for a worthy continent, governments and their agents back

Ake

home still hounded his likes, treating them with suspicion. It was the period of the most brutal variant of military regimes in Africa; Abacha dictaorship!. Twenty years after his death, the question is: how has African political economy fared? Ake died on the note of despair and incredible optimism. On despair, the master of sharp words in the tradition of radical scholarship deployed the worst of epigrams and aphorisms to depict abysmal continental reality in the 80s and 90s. Two years before his death in 1996, he was categorical and insisted that: “Most Africa is not developing. Three decades of effort have yielded largely stagnation, repression or worse. The tragic consequences of this are increasingly clear: a risking tide of poverty, decaying public utilities and collapsing infrastructure and social tensions and political turmoil, and now, premonitions of inevitable drift into and violence.” He wrote of “spectre of encircling chaos”, observing that conflict has turned Africa into a continent of refugees and displaced persons. About six million of the world’s estimated refugee population of 17 million are Africans and approximately 15 million of the 25 million internally displaced people worldwide are Africans.

When today, we consider the degeneration of African states like South Sudan into lawlessness and continuous blood-letting, selfinflicted “political”, ‘communal’/ ‘religions’ violence in many parts of Nigeria, almost apocalyptic vision of Ake turned prophetic.

Not to mention the perpetual statelessness of Somalia, and attrition in the Congo. Since his eternal exit more grim statistics have been rolled out from the despair mill. For instance, according to the World Bank, “of the world’s six billion people, 2.8 billion (almost half) live on less than $2 a day and 1.2 billion (1/5) live on less that $1 a day; of the 1.2 billion living on $1 a day, 23.3 per cent live in sub-Saharan Africa, the second worst region to South Asia. In Nigeria, 80 million (2/3) of population are said to be poor”.

Even more worrisome to Ake was that in spite of these problems, unlike elsewhere where crises promoted great ideas, in Africa in Ake’s words– “no promising initiatives on the horizon”. “There are not new redemptive ideas on the table, a state of affairs that is not helped by the ideological catholicity of the post-cold war world,” he lamented. This singular worry about the current malaise, especially his questioning of the “very viability of Africa” made Ake vulnerable to accusation of Afro-pessimism. But Afro-pessimism was non-representative of Ake’s position.

He was a revolutionary preoccupied with development and transformation. Indeed, intellectually pushed for Afro-optimism as indicated above.

The real tribute to Ake will be to acknowledge the emerging ray of hope, however marginal, in Africa’s political economy. Since his death, it is refreshing that civil war ended in Sierra Leone and remarkably largely due to Africans’ efforts with support of genuine friends in international community and civil societies. Of special significance is that Sierra Leone had had peaceful transitions from civilian to civilian government with active contestations by dozens of independent political parties, refuting the pessimism that civilians-to-civilian transition is impossible in the sub-region. Ghana and Nigeria recorded similar feat.

On the economic front, since Ake’s death, African statesmen (still few women!) seemed to have woken up from their slumber. Africa is witnessing new activist developmentalist states like Ruwanda, a radical departure from do-nothing laissez-faire that hitherto enthroned survival of the few wicked and the greedy at the expense of the hard-working, conscientious majority. However at times like this, what would be Ake’s reactions to pervasive corruption and underdevelopment in Nigeria today? Are Africans willing to revisit Ake’s eternal advice? People, he said, must be made the means and ends of development so that they can own and defend the processes. Significantly he insisted that we strengthen state capacity and reject ideas that want to roll back state role in development. According to him, “Democratic development does not as is often assumed, mean suspicion of the state and undue restriction of the role of the state. A strong state is not an impediment to development, including democratic development. On the contrary it is an asset. What really matters is not whether the state leans towards interventionism or laissez-faire but the quality of its intervention.” As a proud African of exceptional commitment, Ake can only be accused of excessive concern, not lack of it, 20 years after his death.

• Aremu is the Secretary General of the Alumni Association of National Institute, Kuru Jos

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