Tuesday 6th December 2016 by THISDAY Newspapers Ltd

Presidency Insists FG Has Credit Balance of N1.194tn in TSA Obinna Chima Contrary to the allegation by a former Central Bank of Nigeria (CBN) governor and Emir of Kano, Alhaji Muhammad Sanusi II, that the account of the federal

government domiciled at the central bank had been overdrawn to the tune of N4.7 trillion by the Muhammadu Buhari administration, information obtained by THISDAY yesterday from the presidency revealed

that the net credit balance of the federal government in the Treasury Single Account (TSA) as of December 2, 2016, was N1.194 trillion. Sanusi had said last week that the CBN’s claims on the federal government now

topped N4.7 trillion — equal to almost 50 per cent of the FGN’s total domestic debt. This, he stated, was in clear violation of the Central Bank Act of 2007 (Section 38.2), which caps advances to the federal government at

five per cent of last year’s revenues. However, a breakdown of the figures obtained from reliable sources at the presidency showed that as of December 2, the actual credit balance in the TSA

was N2.662 trillion. In another account, the federal government had overdrawn the account to the tune of N1.468 trillion through ways and means Continued on page 8

Crude Oil Tops $55 for First Time in 16 Months… Page 9 Tuesday 6 December, 2016 Vol 21. No 7901. Price: N250

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Rivers Rerun: State Govt Raise the Alarm of ‘Plot to Assassinate Wike’ Police withdraw CSO from governor, Fayose condemns action Amaechi urges law enforcement agencies to deal with trouble makers

Ernest Chinwo in Port Harcourt

As the December 10 date for the rerun of federal and state legislative elections in Rivers State looms, the state

government has expressed concern that Governor Nyesom Wike might have been earmarked for assassination following the sudden removal of his chief security officer (CSO).

This came as the state police command also announced the withdrawal of police orderlies from all political office holders in the state during the rerun polls. Wike has also accused

the Independent National Electoral Commission (INEC) of overheating the polity by what he claimed were the commission’s actions that portrayed it as working for specific political interests.

In a statement issued in Port Harcourt yesterday, the Rivers State Commissioner for Information and Communication, Dr. Austin Tam-George, said the sudden withdrawal

of Wike’s CSO yesterday came in the aftermath of the governor’s interview on Channels Television on the same day. Continued on page 6

Obasanjo Gives Condition to Support New Mega Party Insists Atiku cannot be presidential candidate Former VP, Tinubu say they have no plan to leave APC Olawale Olaleye in Lagos and Onyebuchi Ezigbo in Abuja The proposed mega party by some aggrieved opposition politicians of major political parties in the country may already have run into a hitch, following the stringent condition allegedly handed down by former President Olusegun Obasanjo to support the new party. THISDAY learnt that when the notion of the mega party

was brought to Obasanjo’s notice, the former president, who was not averse to a new formidable opposition party, was quick to give a condition that his former deputy when he was in office, former Vice-President Atiku Abubakar, should not by any means whatsoever become the party’s presidential candidate in the 2019 elections. Continued on page 6

FG Bans Importation of Vehicles Through Land Borders… Page 10

FASHOLA DEFENDS FERMA…

Minister of Power, Works and Housing, Mr Babatunde Fashola, SAN (right), and President of the Senate, Dr. Olubukola Saraki, at the public hearing on the bill to repeal the Federal Roads Maintenance Act (FERMA), 2007, and the re-enactment of the Federal Roads Authority Bill, 2016, at a Senate Committee Room, National Assembly complex, Abuja… yesterday

TUESDAY DECEMBER 6, 2016 T H I S D AY

T H I S D AY TUESDAY DECEMBER 6, 2016

TUESDAY DECEMBER 6, 2016 T H I S D AY

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TUESDAY, december 6, 2016 • T H I S D AY

PAGE SIX RIVERS RERUN: STATE GOVT RAISE THE ALARM OF ‘PLOT TO ASSASSINATE WIKE' Tam-George said in the interview, the governor had blamed the security agencies for launching a campaign of persecution against officials of the state government. “We are concerned that the governor of a state will not be consulted before the removal of his Chief Security Officer. This is an ominous sign that the governor’s life is in great danger,” he stated. He called on the international community not to turn a blind eye on what is happening in Rivers State, as it portends great danger to the survival of democracy in the country. The commissioner warned that the Rivers people would not sit idly by and watch security agencies perpetrate unlawful acts in a state that is known for her peaceful disposition. Tam-George restated Wike’s directive to all government officials to resist any politically motivated arrests throughout the period of the electoral process leading up to the rerun elections on December 10. Meanwhile, the Rivers State Police Command and INEC have declared their preparedness for the rerun elections. The police and INEC stated this yesterday during their meeting with other security agencies and political parties, as well as candidates in the forthcoming rerun polls in the state. The state Commissioner of Police, Mr. Francis Odesanya, while addressing stakeholders

yesterday at the Police Officers’ Mess, Port Harcourt, stated that security presence in the state would not give room for political thugs to carry out their nefarious activities. He said the command would withdraw police orderlies attached to politicians in the state during the exercise, stressing that the force would not allow any police officer to go close to the polling unit with guns and ammunition. He assured the stakeholders that the police would remain unbiased in providing an equal playing field for all the political parties in the exercise, warning that the law would deal with perpetrators of violence during the elections. Odesanya declared: “Police will be deployed massively; the whole state would be very, very covered. If you have in mind to sew materials for political thugs, we will take you by surprise.” INEC’s Resident Electoral Commissioner (REC) in the state, Aniedi Ikoiwak, while addressing the stakeholders, stated that the commission would commence the distribution of sensitive materials for the elections on Thursday, after retrieving them from the Central Bank of Nigeria (CBN), Port Harcourt on the same day. He urged Rivers people, candidates and political parties to make Saturday’s rerun elections the last in the interest of society. He disclosed that the commission had concluded

the training of ad hoc staff to be used for the elections, adding that members of the National Youth Service Corps (NYSC) would serve as presiding officers in the elections. Ikoiwak said: “We have concluded the training of ad hoc staff to be used for the elections, apart from the collation officers to be used. Politicians have combed all the universities in the country to find out who the collation officers are.” Also, the Minister of Transportation, Mr. Chibuike Amaechi, warned that the law enforcement agencies would deal decisively with those found to be in violation of the Electoral Act during the rerun elections. Speaking during the Freedom thanksgiving service held in honour of Hon. Ojukaye Flag Amachree at Buguma town in Asari Toru Local Government Area, the minister who was represented by Senator Magnus Abe, the All Progressives Congress (APC) candidate for Rivers South East Senatorial District in the legislative rerun elections, said he was aware of threats by some people to deal with electoral officials and intimidate members of the public from engaging in their civic duties. He said the law enforcement agents would deal with anybody who foments trouble. He cautioned some law enforcement agents who would allow themselves to be induced financially, pointing out that such officers were enemies of the Nigerian state and the constitution. “Any policeman who refuses

by incontrovertible facts and intelligence in his possession. He said aside from the weak press statements, INEC and the police had failed to deny these weighty allegations. He said that during the March 19 rerun elections in Rivers State, INEC suspended elections in eight local government areas including Tai Local Government Area, only for the same INEC to wake up four months later to concoct results in favour of the APC. The governor pointed out that INEC did not list Tai Local Government Area as one of the areas where rerun elections would be held, noting that such action was unbecoming.

to carry out his constitutional duties because of anything whatsoever, whether by inducement or threat, is a traitor to the constitution of Nigeria. “It is the job of the law enforcement agents to arrest those who do not respect the law. So, no governor can give you immunity from arrest. Let (Governor Nyesom) Wike send his own brothers to go to the road, break the law and when the police come to arrest them, let them resist arrest. “When he has done that then we will know that he has the power to stop the police from arresting criminals when they break the law. People who break the law before, during and after the election will be arrested. People who are members of PDP, APC and they break the law will be arrested,” he said. On his part, Wike has accused INEC of overheating the polity ahead of the rerun elections by its actions, which he said do not inspire the confidence in stakeholders in the state. The governor also reaffirmed his statement that the security agencies operating in the state were planning to assassinate him. Speaking on Channels Television’s breakfast programme, Sunrise Daily yesterday, Wike said several actions of the electoral body showed that it was working for specific political interests and a political party. He said all his public statements against INEC and the police were backed

Reacting yesterday to the withdrawal of Wike’s CSO, Ekiti State governor, Mr. Ayodele Fayose, condemned the action less than five days to the state’s legislative rerun elections, saying: “With this ignoble action by the federal government, it is now clear that the federal government is out to subvert the will of the people of Rivers State by whatever means in favour of the All Progressives Congress (APC).” Fayose, who alerted the international community of the imminent danger being posed to Nigeria by the APC-led federal government, added: “Nigeria deserves total attention from the international community at

this time. The international community should not look the other way while those holding power in Abuja plunge the country into crisis of international magnitude. The governor’s media aide, Mr. Lere Olayinka, quoted the governor as saying that it was getting clearer that Wike was right when he claimed that there was a plot to assassinate him before Saturday’s polls. The governor said President Muhammadu Buhari should be reminded that he swore to protect all Nigerians, irrespective of the party they belong to. He asked: “How can anyone tamper with the security aides of a state governor without his consent? How can the chief security officer of a state governor be changed without the consent of the governor? “Isn’t it now clear that they actually want to kill Governor Wike before the Saturday elections?” Fayose, who said all steps being taken by the federal government were geared towards turning Nigeria to a one party state, warned that “Nigeria can never be turned to a one party state and if care is not taken, by the time this house of democracy is destroyed by the APC cabal, no one will be spared”. He said those trying to impose their will on the people by whatever means must learn from history, especially what happened in Nigeria between 1979 and 1983 and where it led Nigeria to.

was most likely that Saraki would remain with the APC given the recent attempts at rapprochement by Buhari. “Also in so far as Tinubu is a major proponent behind the establishment of the proposed mega party, it is very unlikely that Saraki will leave the APC to join forces with Tinubu,” the source volunteered. He added that while those from the other political parties were ready to go ahead with the formation of the party, the PDP faction led by Makarfi was yet to fully decide on the issue. “The PDP component has not really been determined yet. For now, the plan is to take total control of the party, finish off Ali Modu Sheriff and then move on in that light. Ultimately, it may be where we are headed, but the truth is we must first tidy up the PDP house before moving on.” According to the source, some individuals in the PDP had already bought into the mega party idea and had been meeting with those concerned but “the Markarfi-led PDP as a whole has not really bought into it. But I can tell you that the APC wing of the merger is set to roll”. Still on the Atiku matter, the source hinted that some of the decision makers in the country, a majority of them retired military officers, already share Obasanjo’s view and might follow through with him. The only person, a major ally in the merger talks, who has refused to buy into Obasanjo’s position on Atiku,

the source hinted, is Tinubu, who yesterday categorically denied his involvement in the mega party. But clearing the doubts on the denial, the PDP source said it was expected since most people would at the moment distance themselves from any involvement in the new party because of the timing. “It is important that they all lay low until the timing is right, so that people are not framed and thrown into the gaol for pursuing an agenda different from theirs,” he said. Reacting to his involvement in the formation of yet another political platform to challenge the APC in the 2019 elections, Tinubu said he has no intention of abandoning the ruling party, which he laboured to build. Tinubu, on his Twitter account, said that despite the mistakes that had been made by the APC, he remained committed to the “ideals that fuelled” the formation of the ruling party. The former Lagos State governor said that the national purpose of the APC was bigger than the desire of any individual. “I have devoted my political life to achieving what has been achieved. My heart is too much of the people and my mind too fixed on establishing a positive historic legacy… rather than engage in destructive pettiness,” he said. “This government, APC, is for the betterment of the people and the national purpose is bigger and more important

than any individual’s desires. “This is a party I laboured with others to build. We would not abandon it for another. Millions of Nigerians who voted are watching and praying. “In our journey to national betterment, plans and policies will be made, then amended. Mistakes will occur and then corrected. Achievements will be had and replicated. “Through it all, I, Asiwaju will remain true to the progressive ideals that fuelled the creation of APC,” Tinubu said. In the same breath, a source close to Atiku also denied his involvement in any shape or form in the proposed mega party, saying the concern of the former vice-president was in the success of President Buhari and would not do anything inimical to the collective interest and ideology of the ruling party. “I think we should ignore those who out of self-interest are trying to drive a wedge between the former VicePresident, Atiku Abubakar and his party, the APC. “Right now, our nation needs unity of purpose, not political brinkmanship; we are facing formidable economic and structural challenges, and we should focus on fixing the many things that prevent us from unleashing our economic and entrepreneurial potential, instead of pretending that a little political theatre will magically make things work,” he said.

Fayose Condemns Removal of CSO

OBASANJO GIVES CONDITION TO SUPPORT NEW MEGA PARTY The new opposition party is believed to have the tacit support of some members of the Senator Ahmed Makarfiled faction of the Peoples Democratic Party (PDP) that currently controls 11 states in the country, a National Leader of the All Progressives Congress (APC), Chief Bola Ahmed Tinbubu, and Atiku Abubakar, a major chieftain of the APC. The party is being championed to challenge the APC and President Muhammadu Buhari in the 2019 general election. However, when Obasanjo, according to sources close to the ex-president, was approached to lend his support to the new party, he informed the proponents of the new party that he was prepared to back it

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on the condition that Atiku was not picked as the presidential candidate of the party. According to a source, who was conversant with the outcome of the meeting with the former president, “He (Obasanjo) addressed the group that met with him, informing them that he had made too many mistakes in his life and for the nation, including the blanket support he claimed to have granted the All Progressives Congress (APC) and President Muhammadu Buhari, and therefore was not prepared to make any more mistakes.” The THISDAY source hinted that the former president said that although he was quick to support the APC, however, he was not as quick to support Buhari’s bid to become president in 2015, because he had reservations about his capacity to lead the country. But because the APC to which he had declared his support had also settled for Buhari, he had no option than to tag along. However, given the current state of the nation and political developments, he informed his guests that it would be foolhardy of him to rush into taking yet another critical decision, especially on the presidency of the country. It was for this reason he was said to have reluctantly supported the idea of the mega party, but added that he would only identify with it if Atiku does not emerge the presidential candidate of

the party. He was said to have pointed out that Buhari’s obvious unimpressive stewardship to date had lent credence to his initial hesitation to support him and that having worked with Atiku, he could tell where his presidency would head. Obasanjo made it clear to the proponents of the mega party that their presidential candidate could be anybody with the minimum requisite qualifications and experience, but certainly not Atiku. Another source, who also hinted at the development, confirmed Obasanjo’s stringent condition not to field Atiku, saying: “It is true, that is very correct.” He further revealed that the reason Obasanjo did not want to make another mistake with Atiku stemmed from his regret for coming round to support Buhari despite his reservations. The source said: “Before the December 2014 congress of the APC, where Buhari was picked as the presidential candidate of the party, he informed (Rotimi) Amaechi and others not to back Buhari because he lacks the capacity to run the country. “He told them to vote for (Rabiu) Kwankwaso, but his advise was ignored and now Nigerians are suffering for it, so he does not want to make the same mistake again by backing the wrong person for presidency in the person of Atiku.” On the issue of Senate President Bukola Saraki, the source disclosed that it

T H I S D AY TUESDAY DECEMBER 6, 2016

TUESDAY, december 6, 2016 • T H I S D AY

STARTERS

Wole Soyinka Decries Absence of Common Sense in Nigeria Vanessa Obioha For the first time since he discarded his United States green card following Donald Trump’s victory in the U.S. election, Nobel Laureate, Prof. Wole Soyinka, has lashed out at the absence of common sense in Nigeria. Without mincing words, Soyinka, who spoke yesterday to journalists at the speaker’s forum in Freedom Park, Lagos, expressed disgust with what he termed the “theatre of the absurd displayed” by Nigerians following his decision to “throw away” his green card. Nigerians had attacked the literary icon on social media, urging him not to renege on his pledge to discard of his green card. But reacting to the comments on social media he said there was a notoriety about the Nigerian persona that is affecting the reputation of Nigerians. “What arrogance? What business of yours is it what I do with my green card? It is mine,” he charged. Addressing the issue in a discussion titled, “The green god and the idolatory of mutants,” he reminded his audience that he never asked for a green card in the first place, as it was given to him. He narrated the events that took place during the General Sani Abacha regime and his involvement with the National Democratic Coalition (NADECO), which fought for the realisation of the June 12 mandate that led to his exile in the 1990s. “While I was waiting for an exit to meet with Fani-Kayode concerning the NADECO issue, I was offered the green card. I already told my wife that I don’t know when we will meet again. And behold when I went there, I was given the green card,” he said. He angrily said that perhaps he would

The arraignment of Justice Adeniyi Ademola of the Federal High Court, Abuja, and his wife before a High Court of the Federal Capital Territory (FCT) over corruption allegations failed to go on as scheduled yesterday due to their absence in court. Ademola and his wife, Olabowale, who is the Head of Service, Lagos State, were absent yesterday when the case was mentioned, as they were yet to be served with the charges against them. The prosecution counsel led by Segun Jegede told the court that the court’s bailiff was unable to personally serve the defendants with the charges as they were said to have travelled to Lagos. He sought an order to serve the defence counsel with the charges on behalf of the defendants, after explaining that the defence counsel had intimated the prosecution of his willingness to accept the charges on behalf of his clients. He further prayed the court to order

Time in 16 Months rent crude rose to over $55 per barrel yesterday, hitting a 16-month high on rising prospects of a tightening market after the Organisation of OPEC agreed on a landmark deal to c ut production last week. Page 9

To curb the growing rate at which innocent Nigerians are killed by the mob who most often take the law into their own hands, a bill titled “Prohibition and Protection of Persons from Lynching, Mob Action and Extra-judicial Executions”… Page 15

Soyinka exit Nigeria instead of America because of the shallowness of common sense in the country. “I’m already making plans to move my Wole Soyinka Foundation Writers’ Residency out of Abeokuta, Nigeria,” he added. Not sparing the media, he accused them of professional sloppiness, which was evident in the papers through sensationalism and called for investigative journalism. “No one reached out to me when the news filtered in. And when they finally did, they sensationalised the headline saying, ‘Wole Soyinka says he will tear up his green card on inauguration day.’ “That’s on the front page, until you read the inside pages and you will see what I really said. This kind of professional sloppiness is not good for our reputation. “This is what I’m going to do on U.S. Inauguration Day. I’m going to hold a

private wake. Who am I mourning? Not Americans, but the death of the Nigeria’s common sense. We trivialise everything. There must be a strict response to this level of irresponsibility. “We are looking for cheap thrills on social media. I don’t even go there. They bring such stuff to my notice. Someone said until he sees a video of me tearing my green card before he believes it. I’m not an entertainer, I’m a dramatist, I don’t entertain. “There must be two Wole Soyinkas in Nigeria because the one reported is certainly not me,” he said. Speaking on the new U.S. President-elect, Donald Trump, he said that the harm had already been done and bemoaned the speed with which Nigerians went to defend Trump, terming it the “idolatory of the mutants”.

that the accused be arraigned after seven working days from the date specified on the notice, and urged the court to grant him leave to serve the defendants through their counsel. The prosecution earlier sought to withdraw one of the two charges before the court. The first was dated November 14, 2016 and filed on the same day, while the second was dated December 1, 2016 and filed on the same day. According to Jegede, the second charge was the authoritative one backed by evidence. Responding, counsel to the Ademolas, Jeph Njikonye, who stated that he was not opposed to the withdrawal of the first charge dated November 14, however told the court that in the spirit of the Administration of Criminal Justice Act that makes expeditious disposal of criminal matters, they were prepared to accept the service of the extant charges on behalf of their clients. He opposed the request for the

application of Section 382(5) of the Act, arguing that the section could only apply where personal service was impossible, adding that he was not aware of an attempt by the bailiff to personally serve his client with the charges. While praying the court to grant him leave, he said: “If you grant the prayer, I undertake that I will pass same to the defendants and assure you that they will be present in court at the next adjourned date.” In his ruling, trial judge, Justice Jude Okeke, said that the court’s records showed that the court bailiff had attempted to serve the defendants on December 2 in Abuja, but could not do so because they were out of Abuja. He therefore granted leave to the prosecution to serve the counsel of the defendants with the charges. The prosecution immediately went ahead to do so in the presence of the trial judge. The matter was adjourned till December 13.

PRESIDENCY INSISTS FG HAS CREDIT BALANCE OF N1.194TN IN TSA as of December 2, which if netted off against the N2.662 trillion would give a net balance of N1.194 trillion. A detailed breakdown showed that the federal government’s inflows into the TSA as of December 2 was N4.473, while foreign exchange transfers stood at N101.7 billion, bringing the total balance to N4.575 trillion. However, if expenses of N1.913 trillion and the ways and means of N1.468 trillion were netted off, the

NEWS Crude Oil Tops $55 for First

EDITORIAL The Prevalence Of Jungle JusTice

Justice Ademola, Wife’s Absence Stalls Arraignment Alex Enumah in Abuja

Two-Minute Briefing

credit balance in the TSA amounted to N1.194 trillion. A presidency source stressed that despite the emir’s seeming knowledge of these situations, his assertions were “totally false and wholly fabricated”. “If a customer with XYZ Bank Limited has N100 in one account but has also borrowed N35 from XYZ Bank Limited. Even if the bank were to demand that this customer pays off all his debt to them, he can do so

and still have N65 balance with the bank. How is this a problem? How then could Sanusi have reached the conclusion that the CBN’s claims on the FG were over N4.7 trillion? Where did he get this number?” the source asked. The presidency and the CBN at the weekend had also faulted allegations made by the former CBN governor, saying Sanusi did not get his facts right.

POLITICS As Rivers Goes to the Polls

Again The Independent National Electoral Commission and relevant security agencies must do everything possible to avert security lapses in the December 10 rerun polls in Rivers State, writes Davidson Iriekpen Page 16

FEATURES Looming Herdsmen, Farmers

Clash in Bayelsa For several years, the seeming menace posed by itinerant herdsmen has resulted in several confrontations with farmers in several parts of the country. Page 18

BUSINESS House Committee Accuses

Hyundai, Samsung of Breach of Local Content Law The House of Representatives’ Committee on Local Content has said it has been in running battles with Korean firms – HHI and SHI over violations of the NOGICD Act of 2010. Page 21

PROPERTY UPDC Inaugurates The

Residences Apartments in Amuwo Odofin UPDC has inaugurated its third project,The Residences Apartments, on the same grounds as the GoldenTulip Hotel, and Festival Mall, creating a work-live-and-play… Page 28

CRIME & PUNISHMENT Crude Oil Tops $55 for First Time in 16 Months rent crude rose to over $55 per barrel yesterday, hitting a 16-month high on rising prospects of a tightening market after the… Page 43

SPORTS Pedro Hails King Moses!

Nigeria and Chelsea winger,Victor Moses, has been described as the best player in the Blues’ Stamford Bridge. Page 47

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWS

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

Crude Oil Tops $55 for First Time in 16 Months OPEC to meet non-OPEC producers Dec 10

Ejiofor Alike with agency report Brent crude rose to over $55 per barrel yesterday, hitting a 16-month high on rising prospects of a tightening market after the Organisation of Petroleum Exporting Countries (OPEC) agreed on a landmark deal to cut production last week. This is coming as OPEC is set to meet non-OPEC countries to finalise the global oil output-limiting agreement on December 10 in Vienna, Austria, the first of such meetings between the two groups since 2002. With yesterday’s gains, Brent has risen by 19 per cent since OPEC reached the agreement, representing the highest in almost eight years. U.S. crude, West Texas Intermediate (WTI), also recorded a 16 per cent gain since the cartel struck the deal. Brent crude oil futures, the global benchmark, yesterday soared to their highest since July 2015 to $55.33 per barrel. Reuters reported that it last traded at $55.05 per barrel, up 59 cents, or 1.1 per cent. WTI crude oil also traded up 44 cents, or 0.8 per cent, at $52.12 per barrel. After members of OPEC last week agreed to curb production by a combined 1.2 million barrels per day (bpd) from January, all eyes have now turned to a meeting this weekend between OPEC and non-OPEC producers to expand the deal. The Secretary General of OPEC, Mr. Mohammed Barkindo, said yesterday that the organisation would meet non-OPEC countries on December 10 in Vienna, to finalise a global oil output-limiting pact, the first of such a meeting since 2002. Barkindo said OPEC had invited non-OPEC countries – Russia, Colombia, Congo, Egypt, Kazakhstan, Mexico, Oman, Trinidad and Tobago, Turkmenistan,

Uzbekistan, Bolivia, Azerbaijan, Bahrain and Brunei – on December 10 to discuss their contribution. Barkindo announced plans for the meeting at India’s Petrotech Energy Conference in New Delhi. The OPEC and non-OPEC meeting had earlier been due to take place in Moscow. Barkindo yesterday told reporters on the sidelines of the Indian conference that OPEC expects oil demand in 2017 to be as robust as this year. He said Asia would have a big role to play in the demand growth and that there was plenty of room for OPEC and non-OPEC countries to grow in the global oil market. “We want the inventory level to be at a past five-year average, not more and not less than that,” he said. At the 171st meeting of the conference of OPEC held in Vienna, Austria, on November 30, the cartel said it was vital that stock levels were drawn down to normal levels. In line with the ‘Algiers Accord’, the conference decided to implement a new OPEC-14 production target of 32.5 million barrels per day, in order to accelerate the ongoing drawdown of the stock overhang and bring the oil market rebalancing forward. According to the communiqué, the agreement will be effective from January 1, 2017. Member countries, in agreeing to this decision, confirmed their commitment to a stable and balanced oil market, with prices at levels that are suitable for both producers and consumers. In line with recommendations from the high-level committee of the ‘Algiers Accord’, the cartel also agreed to institutionalise a framework for cooperation between OPEC and non-OPEC producing countries on a regular and sustainable basis. OPEC underscored the importance of other producing countries joining the agreement. Non-OPEC producers are

Sakari, APC Leadership Meeting Rescheduled to Tomorrow Onyebuchi Ezigbo in Abuja The meeting between the leadership of the All Progressives Congress (APC) and the party’s caucus in the Senate led by Senate President, Bukola Saraki has been postponed to tomorrow. THISDAY gathered that the meeting, which was scheduled to take place at the party’s national secretariat in Abuja, failed to hold due to lack of proper arrangement. According to a top member of the party who spoke to THISDAY, there are some persons that had not been carried along in the planned meeting with the Senate caucus. It was also learnt that some of the leaders of the party who are supposed to be part of the meeting did not get the invitation until yesterday. The source who spoke with THISDAY said some of the top leadership of the party were

outside Abuja and could not make it for the meeting. The meeting would have been the first time under the chairmanship of Chief John OdigieOyegun and since the inauguration of the National Assembly on June 9, 2015. The source said: “The meeting has been rescheduled for Wednesday, there was poor communication on both sides. All things being equal it may now hold (tomorrow) Wednesday.” The rescheduled meeting is seen as part of the new realignment of forces within the APC with the party leadership now ready to embrace the Senate President initially perceived as a foe. The Oyegun-Saraki meeting is being organised to lay a new foundation for a new renewed relationship between the party and its caucus at the National Assembly.

expected to agree to add an output cut of 600,000 barrels per day (bpd) at the meeting in Vienna.

AfDB Approves $600m Loan In another boost to the Nigerian economy, the board of the African Development Bank (AfDB) has approved the sum of $600 million to support the Nigerian economy. This was revealed by the President of AfDB, Dr. Akinwumi Adesina, yesterday while fielding questions from journalists at the 11th African Economic Conference in Abuja. Adesina said: “As far as the

AfDB approves $600m loan for Nigeria

AfDB is concerned, we had said that we are going to consider a billion dollars to support Nigeria when I visited the president and already that has gone to the board and $600 million has been approved by our board just a month ago for Nigeria to support its economic governance. “The $600 million is going to help in many ways to stabilise the naira. It is also going to help the government to support the very much needed reforms in the agricultural sector in terms of different agricultural policy reforms and also in the energy sector that is very fundamental to how you grow the economy and come out

of recession.” On how Nigeria will emerge from its current recession, he said the AfDB would provide support to the private sector, adding that the “Bank continues to make significant amounts of support in the private sector, they are investing in banks, we are giving them quite a lot of financial support trying to keep them afloat in this very tough period”. He added that Nigeria had taken some tough policy decisions, stating: “I think the government has taken some tough policy decisions with the removal of subsidy on petrol and the naira was also allowed to devalue.”

He observed, however, that there was still a problem with regard to the foreign exchange market “There are still a number of issues to be sorted out. We have got to have the monetary policy and the fiscal policy regime sorted out so as to be able to stabilise the naira and provide sufficient amount of access to foreign exchange for those that want to bring in machinery equipment or materials,” he said. Adesina was optimistic, nonetheless that as these policy instruments are sorted out, Nigeria would be in a good position to significantly attract some amount of foreign direct investment, which it needs.

WELCOME TO NIGERIA

President Muhammadu Buhari (left), with the visiting Liberian President , Mrs. Ellen Johnson-Sirleaf, during her visit to the Presidential Villa, Abuja .....yesterday Godwin Omoigui

Buhari Challenges African Leaders on Regional Peace, Stability Tobi Soniyi in Abuja President Muhammadu Buhari has called on African leaders to ensure socio-political stability in their respective countries to achieve peace and speedy regional and sub-regional integration in the continent. The president gave the challenge at a joint press briefing with the visiting Liberian President, Ellen Johnson Sirleaf, after a closed door meeting at the Presidential Villa, Abuja. He noted that even though the situation in the ECOWAS sub-region was relatively stable, there was the need to continue to persuade the leaders to pay more attention to security and development. ``The situation in our sub-region is relatively stable but there is the need for us to continue to persuade our colleagues to show appreciation on the efforts the sub-region is doing to make sure that we pay more attention to security and

development. `Ì have appreciated very much your efforts and I also congratulate you on your successes. I believe you may even go outside the region, to African Union (AU), so that before the AU meeting we try and persuade the leadership of those countries in our sub-region to show more patience and accommodation with politics of their countries.” The president said the ongoing 3rd Dakar International Forum on Peace and Security would discuss some political developments in two countries of the sub-region. While commending the Liberian leader for handling the affairs of the ECOWAS diligently, Buhari lauded Sirleaf’s efforts in stabilising her country. `Ì have to very sincerely congratulate you with the way you have stabilised your country and with the small contributions Nigeria was able to make through out those difficult times that you went through. `Ànd also thank you very much

on the way you are handling ECOWAS responsibility. ``We have one or two countries that I believe we will discuss when we go to Senegal today, tomorrow and maybe on Wednesday, in terms of peace and security.’’ In her remarks, the Liberian leader who is also the Chairperson of the Heads of State and Government of the ECOWAS nations, said she was in Nigeria to be updated on the focus and challenges of the work of the ECOWAS Commission According to her, the visit was also meant to enable her meet with the entities of ECOWAS, the Commission, the Parliament and the Courts in preparation for the forthcoming Summit of the Authority of the ECOWAS, slated for Abuja on December 17. She stressed the need for leaders in the sub-region to continue to maintain peace and stability to achieve regional integration and economic prosperity.

Sirleaf said: ``I’m glad once again to be back in Abuja. I’m using the opportunity of this visit to be updated on the focus and challenges of the work of the ECOWAS Commission, to meet with the entities of ECOWAS, the Commission, the Parliament and the Courts in preparation for the reports I will present at the Summit of the Authority, which will be held here in Abuja, on December 17. ``But I’m so grateful that while here, I reached out to the President and asked him for the opportunity to call on him to be able to brief him on some of the findings I have had in my two days of consultation with the commission. ``I also exchange with him some of the developments in our sub-region, political development; economic development, and to get his wise counsel on how we can ensure that we monitor the situation in all the West African countries so as to maintain peace and stability in all of our countries.’’

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWS

Ogbeh: Nigeria Not in Danger of Famine Says security measures underway to check attacks on farmers AfDB plans $24bn package for agric reforms in Africa, promises to help Nigeria overcome recession Ndubuisi Francis in Abuja The federal government has advised Nigerians against panic buying and stockpiling of food items, promising that contrary to fears, the country is not in danger of an impending famine. It also disclosed that adequate measures were already being taken to avert a possible outbreak of famine in the country, even as it revealed that security measures were being adopted, including engaging the Nigerian Security and Civil Defence Corps (NSCDC), to check violent attacks on farmers in some parts of the country. The Minister of Agriculture and Rural Development, Audu Ogbeh, gave the assurances in Abuja yesterday on a day the Vice President, Prof. Yemi Osinbajo also stated that the federal government was determined to move the economy out of recession. Speaking in a panel discussion and press conference at the 11thAfrican Economic Conference (AEC) with the theme: ‘Feed Africa: Towards Agro-Allied Industrialisation for Inclusive Growth,’ Ogbeh said: “We are not in danger on famine.” The conference was jointly organised by the African Development Bank (AfDB), United Nations Economic Commission for Africa (ECA) and the United Nations Development Programme (UNDP). The minister advised Nigerians against panicky buying and stockpiling of food items, adding that the government was encouraging the growing of staples such as rice all-year-round to ensure the availability of food at all times. Ogbeh noted that although some neigbouring African countries were coming to the country to buy grains, government was not going to adopt any policy of blocking such trade, but had decided to encourage more participation in mass production. He said government’s approach to averting famine was also to motivate Nigerians to feed themselves by going into farming as well as drastically cutting down wastages. The minister said the government had also acquired 33 silos to store

grains across the country while about 110 milling facilities were being procured for farmers at about 40 per cent discount. The minister said because of the foreign exchange challenges, the milling facilities were procured for the rice farmers and would be given to them through cooperatives with repayment period of five years. On efforts to check attacks on farmers, he admitted that the problem was in deed a serious one, noting that the government was already collaborating with the NSCDC to check the menace. The minister, who said since the issue bordered on security, he would not divulge the details of the measures being put in place to check incidents of attacks on farmers, adding that although the measures may not cover the entire country for now, something was being done. Lamenting the stark neglect the agricultural sector suffered in the past decades, Ogbeh blamed the elite for the development, regretting that a sector that showed enormous promise in the First Republic was relegated to the back door with import-dependence becoming the order of the day. In his remarks, the Vice President Osinbajo, who declared the conference open, said the sharp decline in commodity prices globally has had a negative impact. Osinbajo stated that in the case of Nigeria, the situation was made more dire because vandalisation of oil pipelines worsened the situation, resulting in the loss of about a million barrels of oil per day. The vice president stated that in spite of the daunting challenge, the federal government was determined to come out of the shock-induced recession and move towards economic growth But he added that even when such growth begins to manifest, government’s resolve was to ensure that it is inclusive. According to Osinbajo, attaining an inclusive growth will depend on the expansion of the agriculture space, assuring that the government would continue with policies encourage increased food

IPC Condemns Recent Attack on Two Journalists The International Press Centre (IPC) has condemned the abduction of the Controller of News, Radio Benue and the detention of the publisher of Policy and Lawmakers Magazine, Kogi State, which was reported during the weekend. According to reports from The Punch and The Guardian, Friday Ogungbemi, the publisher of Policy and Lawmakers Magazine was picked up last Wednesday by men of the Department of State Services (DSS) following a publication which allegedly criticised the Chief of Staff to the State Governor, Edward Onojo, while Mrs. Yuadoo TorAgbidye, the Controller of News, Radio Benue was abducted by four unidentified men at her residence 4:30a.m last Friday. The Director of IPC, Mr. Lanre

Arogundade in a statement said, “both occurrences are unfortunate, and raises more concern about the safety of journalists in Nigeria which is yet to be fully addressed. These occurrences call for the need to further address the safety of journalists, because if journalists are going to be effective in carrying out their duties, they must be rest assured that they are safe.” IPC therefore pleaded for the release of Mrs. Tor-Agbidye who was abducted, and Ogungbemi who was unlawfully detained by the DSS. It also called on the intervention of media stakeholders and security agencies on these issues. The perpetrators of these acts should also be dealt with consequently.

production. The vice president also disclosed that the federal government would prioritise the production nof tomato paste, adding that the focus would be on producing at large quantities of several tons a year. He said access to finance was one of the major impediments, pointing out that the government, with the support of the African Development Bank (AfDB), was trying to revitalise the Bank of Agriculture. Osinbajo also thanked the AfDB for extending a $1 billion facility to Nigeria, saying the first tranche of $600 million already released

would go a long way in helping the country add value to its agricultural produce. In his address, AfDB President, Dr. Akinwunmi Adesina said Nigeria was imbued with vast agricultural resources, noting that if well managed, the country has the potential of being the global power house of agro-allied products. Adesina stated that agriculture countributes a mere 28 per cent of Africa’s gross domestic product (GDP), pointing out that Africa’s future, greatness and industrialisation depend on agriculture. The AfDB President said the

bank had come to the realisation that the only way Africa and its peoples could come out of their many problems was to transform the agriculture sector, adding that $24 billion would be injected into the sector in the next ten years. Adesina stated that what Africa does with agriculture would shape the future of food globally, lamenting that the continent cannot continue to spend $35 billion on food imports annually. The key for Africa’s prosperity, he said, is value addition in agriculture. On recession, he said Nigeria was not the only country affected,

noting Angola, South Africa and other commodity exporting nations were hit due to price shocks. He stated that although the fall in commodity prices had negatively affected economic growth in several African countries, it was also gladdening that about 15 countries on the continent still record 5 per cent growth rate. He assured Nigeria of AfDB’s willingness to support it come out of recession, noting that the $1 billion facility approved for the country, out of which $600 million has so far been released, was to help the country in its governance programme.

PANEL OF DISCUSSANTS

L-R: Mrs. Bolaji Osimi, Mrs. Aisha Umar, Kadaria Ahmed, Mrs. and Mr. Henry Adigun, during a panel discussion on education convened by Ace Charity during their annual fundraising dinner in Abuja... recently

FG Bans Importation ofVehicles Through Land Borders Ndubuisi Francis in Abuja and Bennett Oghifo in Lagos The federal government has prohibited the importation of vehicles, new and old, through land borders. This was contained in a statement issued yesterday by the Nigeria Customs Service (NCS) Public Relations Officer, Mr. Wale Adeniyi. The statement said there was a presidential directive restricting all vehicle imports to Nigeria Sea Ports only, adding that the order would take effect from January 1, 2017. According to him, “The restriction on importation of vehicles follows that of Rice, whose imports have been banned through the land borders since April 2016. “Importers of vehicles through the land borders are requested to utilise the grace period up till December 31, 2016 to clear their vehicle imports landed in neighbouring ports.” The government may have, with this restriction, acceded to one of the requests made by Nigerian Automotive

Manufacturers Association (NAMA) to ease their operations. Last week, the Chairman, Mr. Tokunbo Aromolaran, said: “Manufacturing has been tough in this environment for the reason that specific attention has not been paid to our own peculiarities. All the people that we compete against operate in an environment that makes it easy for them to access the things they need to put together to add value to their various environment, but here, you have to build your own power station, roads, water system, coming through the port is a hell, inflation affects us too, at 21 per cent, and when you put all these together, the cost of production is naturally higher.” Aromolaran, who is the Managing Director of VON Automobiles Limited, said if the government wants to encourage the auto sector then “there should be preferential policies to ensure that people, who are getting Nigerians employed and assisting to put food on the table in millions of homes, should be encouraged to grow and grow faster. When they get past that threshold, then

they can compete with anybody. Now, we are not able to compete and that is why it is easier to import. For those who prefer to import, it is easy business. Nigerians are suffering; we are seeing people working in other countries while our own people are walking in the streets.” He said if not that VON was strong enough, they would have been down-sizing by now because “there is no business. But we have taken a stance that we will keep our workers because we have spent millions training them and it does not make sense to invest in people and let them go.” He said: “Right now, we are bleeding. That is why working in manufacturing in this country right now is not the best situation you can have. We are hoping that government looks at the policy again that surrounds manufacturing, let’s have some preferential interest rates, let’s look at the FX allocation to allocate to sectors that generate something back for the country. We spend a lot of money paying for invisibles, most of our dollars pay for things nobody sees, and if they

are not there we wouldn’t miss a thing. But there are those things that add value to us and if we can look at our policies again and redirect them, Nigeria will be better for it.” Aromolaran said the preferential duties given to auto manufacturers through the Auto Policy should be improved upon, explaining that “for those of us who assemble either from completely knock down or semi knock down, government, through the Auto Policy, has put in place preferential duties; it was part of the suggestions we made to encourage local production. That has helped so far, but we need to carry it further, the reason being that if we don’t achieve the volumes, then what we want in terms of lower prices will not manifest and what we are hoping is that Nigerians would be channeled towards buying locally produced cars, which means less of cars that have been used by other people for 10-15 or more years abroad; we are not second-class people; Nigerians are proud, hardworking people; they should have the opportunity to also buy brand new cars when they have worked hard in their lives.”

T H I S D AY TUESDAY DECEMBER 6, 2016

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWS

Kaduna Releases White Paper on Shiite, Army Clash, Terms Group Insurgents John Shiklam in Kaduna The Kaduna State Government has released a white paper on the report of the judicial commission of inquiry that investigated the December 2015 clash between the Nigerian Army and members of the Islamic Movement in Nigeria (IMN) led by Sheikh Ibraheem Zakzaky in Zaria, describing the Shiites an insurgent group. The white paper accepted many of the recommendations of the panel including payment of “reasonable” compensation for the property destroyed during the incident. The white paper accepted the findings of the commission which blamed El-Zakzaky for the unfortunate incidence, maintaining that he should be held personally responsible for all the acts of commission and omission of the entire membership of the IMN for refusing to call his members to order when required to do so. The white paper however justified the mass burial given to the over 300 members of the IMN that were allegedly killed by soldiers during the clash by the Kaduna State Government, saying it acted

within the provisions of the law. “Section 7 subsection 1 of the Burial Law Cap 20 Laws of Kaduna State Government 1991 requires the burial of persons who die in this type of circumstances within 24

hours. The interpretation section of Rule 115 Geneva Convention also states that in circumstances of this nature, dead bodies could be buried in a mass grave,” the white paper stated.

While noting the recommendation by the commission that the killings should be investigated and those who partook in the act should be fished out and court martialled,

the white paper maintained that the commission failed to take into account the years during which the activities of the IMN in the Gyallesu area of Zaria in the state had threatened peace and security,

pointing out that the Nigerian Army was in no position to accurately determine how armed and organised members of the IMN were and had to be concerned on what their intention for Zaria was.

NCS Comptroller General, Ali, ShunsVital Hearing on Repeal of Customs Act Senate expresses displeasure Omololu Ogunmade in Abuja Stakeholders at a one-day public hearing on “A Bill for an Act to Repeal the Customs and Excise Management Act Bill 2016” were shocked yesterday when the Comptroller-General of Nigeria Customs Service (NCS), Col. Hammed Ali (rtd), shunned the move to repeal a 58-year old-Act meant to enhance the efficiency of the agency. Most shocking and disturbing to both the committee and the leadership of the Senate was that Ali did not only stay away from the public hearing meant to draw the inputs of NCS into the bill, he also opted not to send any NCS official as his representative. The Senate did not only find the situation offensive but also believed

that it was a deliberate attempt by the leadership of NCS to treat the apex legislative institution with contempt. More contemptuous to the senators was that instead of sending high ranking customs officials to represent him and the institution at the hearing, Ali chose to send agents of the NCS who are not directly affected by the bill being considered. THIS DAY learnt that Senate leadership was offended byAli’s action, noting that of the three public hearings which held in the Senate yesterday, it was only the hearing on customs bill that was not attended by major stakeholders. Thus, the senators wondered what excuseAli could have for staying away from the hearing when Fashola who heads three vibrant and large ministries and is always very busy as well as banks’ chief executive officers who are

equally busy still created time to attend yesterday’s public hearings. However, in his opening remark, Chairman, Senate Committee on Customs and Excise, Senator Hope Uzodimma,saidtheNationalAssembly wasdeterminedtoamendtheCustoms andExciseActtoensuretheevolvement “of an effective, efficient and resultoriented department or agency.” He added that the Senate was also determined to also ensure that the process of revenue collection was strengthened in accordance with best practices, observing that “Customs department of our dear country ought to be a major revenue earner that should be capable of funding at least 50 per cent of the national budget. This should also be a critical department that should boost non-oil revenue of the government and fund infrastructural development.

“Why is our own story different? The answer is simple. For 58 years, our Customs department has operated with a Colonial Act that has not only become obsolete and unrealistic but fraught with many loopholes for revenue leakages. It is not the best thing that has happened to the customs and excise department that to date it has been guided by a 1958 Colonial Act.” While declaring the public hearing open, Senate President, Bukola Saraki, said the move to repeal the age-long bill was borne out of Senate’s desire to reposition the NCS with a view to ensuring that the agency “plays the pivotal role it is expected to play as a major funder of the federal budget.” Saraki further said introducing the bill had become imperative in view of “the very critical role that the custom plays in the economic

and security life of our country” adding that “Customs remains one of the most important sources of government revenues.” He added: “With government revenues dwindling rapidly at a time when we have so much to do, this has further made the need for us to block all leakages and possible inefficiency points in our revenue profile an urgent national duty. “When the Eight Senate came on board, we promised that we would seek to introduce new laws to improve revenue generation, curb corruption, improve accountability and governance. This bill is one of those bills, which even our private sector has identified as critically important to doing business, and relates significantly to the cost of doing business in general.

T H I S D AY TUESDAY DECEMBER 6, 2016

T H I S D AY • TUESDAY, DECEMBER 6, 2016

COMMENT

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

ISSUES WITH ECOWAS ENERGY SECURITY

Bob MajiriOghene Etemiku contends the West African sub-region must begin to look to a future of clean energy without oil

have been reading former Secretary General of the Organisation of Petroleum Expecting Country’s Abdalla Salem El-Badri interesting piece, Security of energy supplies inextricably linked with demand. That piece, published in the ‘G-7Germany: The Schloss-Emma Summit’ of June 2015, has said that questions regarding energy security, often have four ready answers. They are issues of reciprocity of supply and demand of oil, foreseeable time horizons, the universality of oil security across all time zones and seasons, and the need to use the security which oil is supposed to provide to enhance dialogue and cooperation. We will deal with the exposition of these terms right after we examine the theme and focus of a certain high level ministerial meeting which took place on December 1, 2016 in Abuja. It was convened by the collaborative effort of the Nigerian and Ghanaian governments and the UNEP, to examine the ‘negative consequences of the use of high sulphur fuels’, and attempt to adopt a realistic approach to adapting the use of clean fuels by 2020 so that our environment becomes safer. But there is indeed a background to that meeting. Briefly, certain Swiss traders, the infamous Trafigura and Mercuria et al are alleged to be behind the massive and deliberate production and importation of dirty fuels into West Africa. Via a curious method known as blending, they mix all kinds of concoctions to come up a fuel which is about 1000 times higher in sulphur content than any other kind of fuel accepted anywhere. Already, four Nigerian cities - Aba, Umuahia, Kaduna and Onitsha - have been designated as the most air polluted cities there are. Air pollution was not happening only in Nigeria. Upon realising that the fuels being imported into Ghana had 1000ppm sulphur content, the authorities made a symbolic gesture of sending back a container laden with dirty air in jerry cans back to Antwerp, and backed up their resolve this November 2016 by insisting on taking into Accra only fuels with 50ppm sulphur content. Togo and Benin are hesitant to make the move, and that is because their fuels come from Nigeria, and there is no way they will be insisting on getting fuel from Nigeria if Nigeria is not doing anything about those dirty fuels from Europe. But part of the recommendations taken by Nigeria, Ghana, Togo, Benin and Ivory Coast at that Abuja meeting included the fact that as a region, they would all have to take a stand and insist on fuels with 50ppm sulphur content. For the Nigerian end, things are still a bit intricate. The Nigerian government said that by July 2017, that resolution would be enforced. A very good move but the difficulty stems from the fact that nobody is certain whether this is just a promissory note because Nigerians are not sure that this July 2017 date has been exhaustively discussed at the higher echelons of government, with relevant stakeholders and the Nigerian public. That apart, the meeting resolved inter alia, to give refineries waivers to implement upgrade to enable them meet

FOUR NIGERIAN CITIES - ABA, UMUAHIA, KADUNA AND ONITSHA - HAVE BEEN DESIGNATED AS THE MOST AIR POLLUTED CITIES THERE ARE

the proposed 50ppm by 2020. In addition, ministers in the sub-region resolved to work together for uniform refinery standards against vehicular emissions by the magic year 2020. How all of that is going to happen, even by the year 2020 I cannot understand. I’m certain that 50% of the persons who made these proposals may not have really seen what our refineries look like. Well, I have. It was the Warri Refinery – a prototype of the Port Harcourt and Kaduna - and this was way back in 2008. Near the refinery, I saw a foundry with piles of rusting metal. I was later to understand that the flurry of activity which was going on then was because certain humongous sums had been voted for turn-around maintenance of the refineries. From 2008 till date, there has been no significant change from what I saw there then. Are these the refineries that would be granted waivers to meet the plan for fuel efficiency by 2020? Therefore what the former OPEC secretary general meant by reciprocity of supply and demand of oil, foreseeable time horizons, the universality of oil security across all time zones and seasons, and the need to use the security which oil is supposed to provide to enhance dialogue and cooperation is that for countries like Nigeria, Togo et al to have oil security, they must begin to look to a future of clean energy and without oil. There is an excerpt from an article, Will Nigeria Survive the EU Energy Union, published with the Nation newspaper on June 11, 2015. In that article, I had said that three senior members of the European Union sat down in Brussels to brainstorm the idea of an energy union within the EU. One of them, Maroš Šefèoviè reportedly told his comrades: “Today, we launch the most ambitious European energy project since the Coal and Steel Community. A project that will integrate our 28 European energy markets into one Energy Union, make Europe less energy dependent and give the predictability that investors so badly need to create jobs and growth. When they arose, they issued a communiqué like the Abuja meeting did. The core of that communiqué was that the EU by 2030 – about 16 years from today and 10 years from the date wherein ECOWAS set to develop a low sulphur fuel road map – Europe would have cut greenhouse gas emissions by at least 40%. They will also boost renewable energy and improve energy efficiency by at least 27%. Since most of Europe would soon depend absolutely on renewable energy – solar, biomass, wind and hydro power for their electricity needs, part of the plan of the EU Energy Union includes a full implementation of existing legislation and market rules to integrate these renewable into all European markets, and a promotion of more research into renewable energy production and the decarbonisation of the transport sector. ECOWAS should take notice. Etemiku is communications manager, ANEEJ

HEALTHCARE DELIVERY SYSTEM IN NIGERIA

The healthcare system is preying on the citizens and pauperising the economy, argues Samson A. Opaluwah

he Nigerian healthcare delivery system is a source of concern to all and sundry because of the needless deaths of compatriots and the capital flight that the health sector has come to represent in our time. While the wealthy routinely fly out of the country to seek medical expertise, the middle class struggle to access the few private healthcare centres in the country and the poor are left at the mercy of poorly managed healthcare centres manned by poorly committed, ill- motivated healthcare workers of all types or quacks. Overtime, Nigerians have depended on the healthcare professionals to proffer solutions to the various challenges plaguing our healthcare delivery system but unfortunately, the health sector has become atomistic and is perpetually at war with itself and thus has almost abandoned their core mandate of attending to the healthcare needs of our nation. Most often, rather than seek reengineering of the system, they are at war over personal emoluments. Most often, workers down tool in this sector for their own need and comfort, recourse to improving the system is only used as rhetoric to mask their original claims. It is therefore important that we put a call to government to look closely at our healthcare delivery system and address the issues squarely. The personal emoluments of the healthcare providers are crucial but improvement can only be obtained from a holistic review and implementation. The healthcare sector of our economy is meant to service the society and ensure that the populace, as much as possible, is in the state of health to effectively drive the engine of national development. What we find today is a healthcare system which rather than service the nation is preying on its citizens and pauperising our national economy either consciously or unconsciously. Nigeria being a three tier state, constitutionally charges each tier with a specific level of responsibility in the health sector. The local authorities are

responsible for the primary healthcare which ought to be the management of local dispensaries, environment sanitation/protection and routine immunisation, etc. The state governments are supposed to be responsible for secondary healthcare system i.e. the general hospitals, health centres and similar healthcare delivery systems while the federal government is expected to concentrate its efforts on the tertiary and apex referral institutions such as the National Hospital, the Specialist/Teaching Hospitals and the interventionist Federal Medical Centres. The reality on ground today however, is that the local authority delivery systems are non-existent. The dispensaries and health centres managed by the native authorities in the sixties and local authorities in the seventies are non-functional. In other words, the first level of healthcare provision and prevention of diseases has been rendered non-existent. The implication of this is that all the patients that could have been attended to at this level either move to the next level (the secondary level) or seek self-medication or relies on quacks. Recent newspaper reports indicate that only 2,500 of 30,000 primary healthcare centres nationwide are functional. Thus diseases that could have been arrested or prevented at that level are left to fester sometimes metamorphosing into an epidemic on national dimensions. Furthermore, the NPHCDA is funded by the federal government from its own share of the federal revenue allocation. This unsustainable arrangement is what the country is currently operating and has even been further expanded to include support for some traditional birth attendants and midwives nationwide. With the clamour for increased revenue allocation to the state government, funding for this agency may be one of the casualties of a reduction in the federal government spending whenever revenue review takes place. The implication of this on primary healthcare delivery is scary. The state governments are expected to be saddled with the efficient running

of the secondary healthcare facilities such as general hospitals, health centres, etc. Surprisingly due to gross dereliction of responsibility, many general hospitals in the state are ill equipped, ill-staffed and ill-maintained. Sometime ago, a state in the middle belt of Nigeria shut down all its general hospitals supposedly for renovation for almost three years. The whole state had to depend on the only Federal Medical Centre in the state capital for its healthcare delivery. This necessitated the Federal Centre embarking on outreaches to the three senatorial districts at huge costs to the federal government. The hardship experienced by the citizens of that poor state is better imagined. Our political system does not sanction leaders for mismanagement of this nature and thus encourages maladministration underpinned by arrogance. There should be a way to sanction leaders at state levels who display this type of nonchalance to the welfare of their own people. The federal government has largely borne the burden of servicing the healthcare delivery system of the country. From providing primary care and environmental sanitation in the local council areas to servicing the secondary level care of the state by building Federal Medical Centres in the states. The consequential effect of this is that federal funds which should only have been spent on tertiary level care in the federal and teaching hospital is dissipated and inadequate to procure and properly maintain the apex level clinical equipment in these tertiary level hospitals. If the exodus of our compatriots for medical care to India, Egypt, South Africa, UK, USA, Germany, etc., with the attendant loss of forex is to be stemmed, a major restructuring of the nation’s healthcare architecture must take place (In fact, the current economic situation in our country has made the review of our healthcare delivery system more imperative as the cost of seeking alternatives outside the shores of this country is now prohibitive even for the rich!).

Ordinarily medical tourism ought to be the prerequisite of the affluent but contemporary experience has shown that neglecting to seek medical attention outside the shores of this country could mean pronouncing a death sentence on yourself. Under the current economic climate, the government has no choice than to revamp the health system while tackling the economy and infrastructural challenges. Some of these changes do not require funds but a revision of strategy. Nigeria healthcare professionals are among the best in the world and would deliver given the right atmosphere. The right atmosphere should among others include a review of the organogram of the healthcare institutions, adjustment of the management pattern of the hospital and expansion of the clinical training programme of doctors to include salient management concepts and equipping for managing a multidisciplinary enterprise such as a hospital. The policy that allows for medical personnel in public services to run parallel hospitals whilst still in public service needs a rethink. This policy has done more harm than good to the healthcare delivery system in this country. The initiators probably meant well and needed to address certain nagging issues at the time it was granted. The implementation has been abused and the ordinary citizen are helpless as diversion of patients, absenteeism and extortion has taken over this policy no matter how well intentioned it was at conception. There is an urgent need to review and allocate specific responsibility in patient management as it concerns the consultant, doctors, residents, NYSC doctors, nurses and midwives. The manpower input of these professionals ought to be thoroughly monitored in order for it to achieve the desired objective. Whereas the payrolls of the hospitals are loaded with these experts, the actual delivery of services leaves much to be desired. Mr. Opaluwah is a former director in the Federal Ministry of Health, Abuja

T H I S D AY • TUESDAY, DECEMBER 6, 2016

EDITORIAL THE PREVALENCE OF JUNGLE JUSTICE The authorities must do more to curb the rule of the mob

o curb the growing rate at which innocent Nigerians are killed by the mob who most often take the law into their own hands, a bill titled “Prohibition and Protection of Persons from Lynching, Mob Action and Extra-judicial Executions”, recently passed the second reading at the Senate. The sponsor, Senator Dino Melaye, cited as prime example the extra-judicial killings in 2012 – the ALUU FOUR – in which four young undergraduates from the University of Port Harcourt were battered and burnt alive. According to Melaye, the Nigerian Constitution noted that every Nigerian citizen is entitled to fundamental rights, one of which is stipulated in Chapter Four, which reads in part: “Every person has the right to life, and no one shall be deprived intentionally of his life, save the execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria (section 33(1)”. He fortified this with section 34 on the right to dignity of a person and then AS MORE AND MORE prescribed that “No NIGERIANS SHUN THE person shall be INSTRUMENTALITY OF THE subjected to torture LAW IN THE SETTLEMENT or to inhuman or OF DISPUTES, SEVERAL degrading treatINNOCENT CITIZENS ARE ment….” Jungle justice GETTING MAIMED AND manifests in KILLED different forms. There is currently in circulation a video clip of a young boy who was set ablaze allegedly for stealing garri. While there are disputes as to the exact location of where the tragedy took place, what is not in doubt is that it happened on our shores. Such is the nature of our society that all it takes to be declared a thief is for someone to make the accusation in the public and the mob will instantly dispense “justice.” It is even worse in the northern part of the country

Letters to the Editor

where a crime of “blasphemy,” not known to our law, has become the biggest threat. All it takes is for some street urchins to make the accusation that someone, most likely a Christian, blasphemed the Prophet of Islam and some people would take it upon themselves to kill. To worsen matters, there seems to be some sort of complicity by public officials as was recently demonstrated in Kano when those arrested for killing a 74-woman for “blasphemy” were freed for lack of diligent prosecution.

T H I S DAY

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

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

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

s more and more Nigerians shun the instrumentality of the law in the settlement of disputes, several innocent citizens are getting maimed and killed. But there is perhaps no better demonstration of how deep rooted the problem is than the 2014 episode where the then Minister in charge of Police Affairs, Mr Jelili Adesiyan, promised to beat up a former governor of his state, Mr Isiaka Adeleke, just because of a political disagreement. In response to the allegation by Adeleke that he was beaten up by the minister at a political gathering, Adesiyan told the media: “My regret is that I did not beat him (Adeleke) up as he claimed. If I had not been a minister, I would have flogged him like a baby… It was Sogo Agboola that gave Adeleke a dirty slap when he tried to caution him from being violent and he gave Sogo an elbow jerk, which Sogo quickly returned with a resounding slap. I will one day leave office as a minister of the Federal Republic of Nigeria and anytime I leave office, I will fight Adeleke.” It was indeed very telling that the man in charge of the most critical law enforcement arm of the state could threaten physical fight and violence against another citizen. While we do not know whether the promised “heavyweight bout” has been held, what is not in doubt is that jungle justice has become an acceptable practice in Nigeria today. And the authorities must summon the courage to deal with it.

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BUHARI: IT’S TIME TO CHANGE TACK

igeria is not where it ought to be, technologically and economically given her abundant human and material resources. Is our country not blessed with immense human and material resources? Beneath our soil lie such material resources as tin ore, coal, bauxite, limestone, and crude oil. More so, thousands of Nigerians in the Diasporas are contributing to the growth of their host countries in diverse areas of human endeavours. Recently, a Nigerian-born medical doctor performed a laudable surgery on an unborn baby in America. His medical feat reverberated across the world. In addition to these, Nigeria has equable weather conditions, water resources, and arable land - these are incentives and forces for increased agricultural productivity in a country. But why is Nigeria bringing up the rear on the ladder of global national development? The reason for our national underdevelopment is simply the failure of leadership. Our past successive civilian governments had failed to live up to our expectations. As they failed to place their ethnic and selfish considerations above national interests and cohesion, they could not entrench peace and unity in the country. Peace as well as unity is a sine qua non or prerequisite for national growth in a country. The presence of anarchic situation in a country stymies national growth. Ethnic hatred and suspicion, communal clashes, and bloody religious conflicts hinder national development. More so, since our attainment of political sovereignty in 1960, Nigeria hasn’t been led by it best and ablest politicians. Those politicians were without competence. It is sad that our recruitment of political leaders is based on the egregious factor of god-fatherism and imposition of leaders on the populace. So, people who had no business being in leadership position were thrown up and given important and exalted political posts in past

successive civilian governments. And our country became worse for it as no country can grow beyond the dreams and visions of its leaders. Again, the soldiers that interrupted our democratic governance in the past presented their military regimes as corrective governments that would sanitise the country and rid it of corruption. They came with messianic complexes, however. Instead of effecting change in Nigeria as they vainly promised, they entrenched corruption in the country and violated our fundamental human rights as the constitution was put into abeyance by them. It’s General Ibrahim Babangida (rtd) that entrenched corruption in the country, and violated our fundamental human rights. And General Sani Abacha (rtd) who was a mixture of sanguinary proclivities and inveterate thievery, stole Nigeria blind and murdered many members of the opposition group. In the past, Buhari tried several times without success to become our democratic president. But later, good luck smiled on him when he won the last presidential election, convincingly. Before his second coming as our national leader, he was our military head of state between December 31, 1983 and August 27, 1985. He’s not unknown to us. We are fully aware of his leadership pedigree, austere nature, and Spartan life style. He contested the 2015 presidential election on the platform of APC, a coalition of many political parties. Buhari’s aversion for corruption and Spartan life style and APC’s slogan of change swayed millions of Nigerians to his side. So, not unexpectedly, millions of disenchanted and disillusioned Nigerians that harbored deep resentment towards Dr Goodluck Jonathan for his bumbling performance as our president voted for him in the last presidential election. Sadly, President Buhari hasn’t performed creditably well as our president so far. It took him time to select members of his executive

cabinet. And they could be likened to placing square pegs in round holes. He failed to look beyond his party (APC) in forming his cabinet. More so, he is accused of northernising his cabinet. This does not augur well for our national development. For example, the minister of sports has been committing verbal faux pas and misdeeds that should warrant his summary dismissal from office. But he is still our minister of sports to our utter consternation and surprise. The fact is this: many ministers in his executive cabinet are overwhelmed by their duties, responsibilities, and demands of their offices. Can’t he re-jig the executive cabinet and infuse new blood into it in order that his government can achieve its goals and take Nigeria to a great height, technologically and economically? Sadly, instead of doing the needful, he has busied himself junketing around the global and whining about the hefty theft perpetrated by the immediate past political administration which, he believes, has grounded the economy. Is president Buhari aware that he is elected to fix our national problems, and not to wring his hands helplessly and whine endlessly about how ministers in Jonathan’s administration mindlessly looted our economy? Dire national circumstances ought to bring out the leadership qualities of a president. But not so with President Buhari. Is he aware that countries without natural resources like Singapore and Japan turned around their national economies by developing their manpower resources and utilising them in the course of national development? That’s why developed nations do not treat the issues affecting their educational sectors in a cavalier manner. More so, what has he done with the moneys recovered from corrupt politicians? Did he inject the huge sums of money into our troubled and wobbling national economy?

Chiedu Uche Okoye, Uruowulu –Obosi, Anambra State

T H I S D AY • TUESDAY, DECEMBER 6, 2016

POLITICS

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

EXECUTIVE BRIEFING

As Rivers Goes to the Polls Again The Independent National Electoral Commission and relevant security agencies must do everything possible to avert security lapses in the December 10 rerun polls in Rivers State, writes Davidson Iriekpen

his weekend, precisely December 10, Rivers State will be in the news again. The rerun legislative elections earlier postponed indefinitely by the Independent National Electoral Commission (INEC) will hold in the state. The vacant positions INEC needs to conduct elections to fill are the three senatorial seats, eight House of Representatives seats and 10 House of Assembly seats. Already, tension has enveloped the state with members of the Peoples Democratic Party (PDP) and All Progressives Congress (APC) talking tough and mapping to strategies on how to either rig the elections or checkmate one another. The most logical question to ask, however, is: will INEC live up to expectations this time? Both the Election Petitions Tribunals and Court of Appeal had between November last year and January this year nullified virtually all the legislative elections conducted in 2015 by INEC into the state and National Assembly seats in the state. The tribunals consequently ordered the commission to conduct the rerun elections within 60 days. Since then, however, the commission has been dilly-dallying, citing insecurity as an excuse and consequently leaving the people of the state without adequate representation in the national and state House of Assemblies. Though the commission last March tried to conduct the rerun elections, it later cancelled those from the three senatorial districts and some federal and state constituencies, citing insecurity as reason. INEC’s decision to conduct the polls this weekend owes largely to the threat by the Senate three weeks ago to suspend sitting indefinitely if by December 10, the commission fails to conduct the outstanding rerun elections in the 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. Ekweremadu 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 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. Other senators, who supported the motion, lamented that the state had been denied involvement in various important decisions affecting them, including the debate on Petroleum Industry Bill (PIB), which had passed second reading. They also lamented that if INEC was grappling with conducting elections 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. Many observers had alleged that one of

election in Sambisa forest and votes were counted, but they cannot conduct election here in Rivers State.” The elections will no doubt reopen the rivalry and supremacy battle between Governor Wike and his estranged benefactor and political godfather, the Minister of Transportation, Chibuike Amaechi as sell as create tension in the state in the next few days. Moreover, for Amaechi, the rerun elections are a must-win for him to continue to have a strong voice in the Muhammadu Buhari government as well as have his own people in position of authority.

INEC Chairman, Mahmood Yakubu...can he do anything differently

the main reasons INEC was reluctant to conduct the election was the pressure on it knowing that state is a Peoples Democratic Party (PDP)-dominated state and stands a

good chance in the election. It was against this allegation that the state governor, Nyesom Ezenwo Wike, while speaking at a forum in the state recently said the fact that INEC had successfully conducted elections in Borno State and other Boko Haram-troubled states was an indication of the negative plot against Rivers. He said the non-conclusion of the rerun elections in the state was the fallout of a grand conspiracy to rig the polls in favour of an unpopular party. Wike maintained that the state was 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 antidevelopment programmes have been slated against Rivers State, but that the state has successfully overcome such plots. “Because people want to illegally seize power in Rivers State is the reason you are hearing all this. All the plots are to take Rivers State. Why do you want to take Rivers State when it is not your own? Between March 19 and now, they planned to do elections so that they can get the number of seats to impeach me and put their own man. Since March, everyday they postponed the elections. From May to June to July, August then September, they later said October ending, still no election. Now, they said December 10 and when we get to December 10, they may shift it to next year. “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

While Wike is hoping that his party, the PDP, would make a clean sweep of the legislative polls based on the developments he has brought to the state and the fact that they are in charge of the state, the APC is strongly in contention too, counting largely on the federal might to win the polls. The APC desires to win some seats through which it could gradually make an inroad towards 2019 general election. This is why the party at the national level, last week, inaugurated a special committee made up of five of its governors to plan for the election. All this shows the importance the party attaches to the elections. Based on alleged desperation by the APC to win the elections at all cost, Wike recently called on the international community to take serious interest in the plot by the police to start indiscriminate arrests of PDP supporters. The governor hinted that through established intelligence channel, he was in possession of the list of PDP supporters earmarked for arrest by the police before the rerun elections. The governor called on the people of the state to resist any such politically motivated arrests, pointing out that such actions aimed at promoting the interest of an unpopular APC will not be tolerated. He noted that it is the fraudulent plots of the APC in liaison with the police and INEC that generates tension, which could lead to violence. “They have written the names of those they want to arrest. In Khana Local Government Area alone, they have earmarked 103 persons for arrest. You didn’t arrest them before now, but you want to arrest them at this point because election is approaching. “Now that it is obvious that the APC cannot win, they should forget about these rerun elections and wait for another time. There is no need creating crisis when the APC is unpopular in Rivers State. We want free and fair elections. They should allow our people to choose their leaders in peace because nobody will be allowed to rig elections here,” he said. Wike also alleged that the police high command through the state Commander of Special Anti-Robbery Squad (SARS), Mr. Akin Fakorede, has distributed SARS personnel to APC candidates and chieftains for the elections. The governor said the SARS personnel were assigned to the APC candidates and chieftains for the purpose of snatching election materials and the intimidation of PDP supporters. He wondered why politicians, who are expected to stay away from polling units, were allocated SARS personnel. He said the police command after allocating security to APC candidates for the rerun elections, have left all PDP candidates for the same elections without security, adding that attempt to rig the December 10 rerun elections will not succeed in the state because the people would defend their votes. Knowing clearly what is at stake in these elections for both parties, it is only expected of INEC to do the right thing and avoid plunging the state into needless crisis.

T H I S D AY • TUESDAY, DECEMBER 6, 2016

POLITICS&ISSUES

Lawmakers as Lawbreakers

The defection of Senator Yele Omogunwa from the Peoples Democratic Party to the All Progressives Congress last week has again shown that the country’s lawmakers have little or no respect for the laws they enact. Davidson Iriekpen writes

here was friction in the Senate last Wednesday the Senate President, Bukola Saraki, read a letter by Senator Yele Omogunwa (Ondo South) announcing his defection from the political party through which he sought election to the Senate, Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Omogunwa said he was defecting from the PDP to support the governorship candidate of the APC in the just concluded election. The reason he gave for his defection infuriated the Minority Leader, Senator Godswill Akpabio, who immediately raised a point of order, citing Order 43 in Senate Standing Rules, which empowers a senator to make a personal explanation on any given subject. Against this background, Akpabio asked Saraki to declare the seat of Omogunwa vacant, insisting that the only reason allowed by the constitution for defection is a crisis in the party. According to him, there was no leadership crisis any longer in PDP, following a recent Supreme Court judgment, which he said acknowledged the Senator Ahmed Markarfi caretaker committee as the authentic leadership of the PDP. Hence, he said there was no division in the party that could provide any justification for Omogunwa’s defection. But Saraki ruled Akpabio out of order, an action which further exacerbated the depth of anger of the PDP senators. The PDP senators were further provoked by the submission of Senator Dino Melaye (Kogi West), who cited Section 68 (g,h) of the 1999 Constitution (as amended) to explain that Omogunwa’s defection was justifiable in view of the division in PDP. But Senator Peter Nwaboshi (Delta North) raised another point of order, stating that the intervention of Melaye was a breach of procedure as he further argued that after the Senate President had ruled Akpabio out of order and therefore, it was wrong for Melaye to speak on the same subject matter. Realising that they were not having the listening ears of the president, the PDP senators opted to walk out in protest. At a later briefing, Akpabio said they had opted to stage a walkout because the action of Omogunwa was a breach of constitutional provisions with a claim that as lawmakers, they must not be seen to be “lawbreakers.”Akpabio insisted that Omogunwa’s defection was misplaced because there was no division in the PDP following the decision of the apex court, which he said had recognised Makarfi’s caretaker committee as the authentic PDP body and hence, their decision to call on Saraki to “do the needful” by declaring Omogunwa’s seat vacant at the plenary. Pundits consider Omogunwa’s action as a breach of the Constitution and Supreme Court’s judgment. The apex court had last year laid the issue of defection as it concerns the legislature to rest when it decided the case between the Labour Party versus Ifedayo Abegunde. In a unanimous judgment by a seven-man panel of justices, the apex court had ordered Abegunde to immediately vacate his seat in the House of Representatives on account of his defection from the Labour Party to the defunct Action Congress of Nigeria (ACN) because he was unfit to remain at the legislative house. Abegunde had defected from LP to the ACN in 2011 and in a bid to forestall any possible move by his party to recall him, lodged a suit before the Federal High Court sitting in Akure. He, however, lost at both the High Court and the Court of Appeal, with the concurrent judgments of the lower courts equally declaring the defection as “unjustifiable.” In their judgment, the Supreme Court panel which was headed by the former Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, held that the lawmaker acted illegally by abandoning the party that sponsored his election. The court stressed that as at the time Abegunde defected to the ACN, there was no division in his parent party, LP. The apex court maintained that the lawmaker’s defection to another party would have been justified if there was a division in the national structures of the LP, such that is capable of hampering the smooth operation of

Saraki...is the Senate leadership right

the party. It held that Abegunde’s defection could not be validated since his excuse of purported division in the LP was not in existence at the national level of the party. Besides, the Supreme Court stressed that the “division” or “factionalisation” of Labour Party, which was cited by Abegunde as his excuse for abandoning the party, was only at the state level. Justice Musa Muhammad, who read the lead judgment, held that only a division that made it “impossible or impracticable” for the party to function by virtue of the provision of Section 68(1)(g) of the 1999 Constitution, “justifies a person’s defection to another party.” According to the court, “The principles enunciated by this court in the two cases – FEDECO vs Goni supra and the Attorney General of the Federation vs Abubakar supra – is to the effect that only such factionalisation, fragmentation, splintering or ‘division’ that makes it impossible or impracticable for a particular party to function as such will, by virtue of the proviso to section 68(1)(g), justifies a person’s defection to another party and the retention of his seat for the unexpired term in the house in spite of the defection. Otherwise, has rightly held by the courts below, the defector automatically loses his seat.” Justice Muhammad further maintained that by virtue of the combined provisions of section 68(1)(a) and (g) as well as section 222(a), (e) and (f) of the Constitution, division in a party at the state level did not entitle a legislator to abandon the party on whose platform he or she contested and won his or her seat. Moreover, the apex court discountenanced the argument of

But one thing that shocked many Nigerians was that the issue could persist after the Supreme Court had extensively laid it to rest. More shocking, perhaps, was the way and manner Saraki treated the issue due to the fact the lawmakers defected from the opposition political party to his party, the APC

the counsel to the appellant, Mr. Akin Ladipo, to the effect that not “any division” in a political party would entitle a person to defect from a party who sponsored his election without having to lose his seat. “I am unable to agree with learned counsel to the appellant that on facts and law as concurrently applied by the two courts below – their decisions can be interfered with. One is left in no doubt that the determination of the dispute, the trial court is approached to resolve, turns decisively on the meaning of word ‘division’ as used by the framers of the proviso to section 68(1)(g) of the 1999 constitution as amended,” Justice Muhammad held. He added: “Not being the kind of ‘division’ that affects the national structures and therefore the corporate existence of the party, learned counsel insists, appellant’s defection does not come within the proviso to section 68(1)(g) to entitle him to retain his seat in the House of Representatives in spite of his defection to the ACN from the Labour Party on which platform he contested and won the seat. This position of the respondents is unassailable.” But one thing that shocked many Nigerians was that the issue could persist after the Supreme Court had extensively laid it to rest. More shocking, perhaps, was the way and manner Saraki treated the issue due to the fact the lawmakers defected from the opposition political party to his party, the APC. It is known fact that there is no crisis. Apart from Justice Okon Abang, who has consistently maintained that Ali Modu Sheriff is the National Chairman of the PDP, other courts and the Court of Appeal have endorsed the Senator Ahmed Makarfi-led group as the authentic leadership of the party. To many analysts, what the latest defection and attitude of Saraki portray is that the country is being governed by sentiments and not laws. While it can be said that the problem with the country has not always been the dearth of laws, it has always been how to implement and enforce them. They are of the belief that the attitude of Saraki confirms the popular assertion that defections are usually encouraged by either the presiding officer of the legislature, whose duty it is to automatically declare the seat of the defecting lawmaker vacant as stipulated by the constitution. But because it gives the presiding officers, governors or president as the case may be the opportunity to have firmer control of the legislature, a blind eye is usually turned to the issue when it comes up. The 1999 Constitution is very explicit on how to deal with the issue of defection as it concerns the legislature. For instance, Section 68(1) (109(1)) states: “A member of the Senate or House of Representatives (House of Assembly) shall vacate

his seat in the House of which he is a member if: (g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that house was elected, provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.” Section 68(2) (109(2)) also states: “The President of the Senate or the Speaker of the House of Representatives (as the case may be) shall give effect to the provisions of subsection (1) of this section, so that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that members.” For lawmakers, who frequently use crisis in their ward and state chapters of their political parties as an excuse to defect, the court stressed that a division in a party at the state level does not entitled a legislator to abandon the party on whose platform he or she contested and won his or her seat. It again reminded them that only a division that makes it impossible or impracticable for the party to function by virtue of the provision of Section 68(1)(g) of the 1999 Constitution, justifies a person’s defection to another party. The court further reminded any intending lawmaker wishing to defect to be guided by the he principles it enunciated in the two cases – FEDECO vs Goni and the Attorney General of the Federation vs Abubakar – where it stated that only factionalisation, fragmentation, splintering or division that makes it impossible or impracticable for a particular party to function as such will, by virtue of the proviso to section 68(1)(g), justify a person’s defection to another party and the retention of his seat for the unexpired term in the house. Observers have argued that part of the reasons defections have become so common is the fact that sometimes, the lawmakers usually run away with the impression that before the suit filed against them is pursued to the Supreme Court, the four years he/she would have stayed in the assembly would have been exhausted, like in the Abegunde case. They believe that if any presiding officer especially at the federal level displays courage and declares a seat vacant, it would serve as deterrent. There have also been instances, where lawmakers would defect from the party that sponsored their elections on the mere basis of the fact that their governors either moved to another party or because there is a new governor in the state, who would want to damn the constitution in other for the lawmakers to be in his party. The height of the defection of lawmakers in the country was when 37 members of the House of Representatives and almost the same number in the Senate defected from the PDP to the APC. The Speaker of the House, Aminu Tambuwal, who swore to defend the constitution, because of his own agenda looked the other way. Even when a Federal High Court ordered the lawmakers, who apparently knew what they were doing and the implications of their actions, to resign from the House, they ignored the order. The height of the lawlessness was when Tambuwal himself, the presiding officer of the House, defected from the PDP to the APC and still held on to his position as Speaker instead of honourably resigning his position. While the PDP did not comment on the issue, the APC said the minority party would continue to cry and cry more. It also invited other PDP senators to join the APC. To many Nigerians, therefore, this was a surprise because, before the party took over government at the federal level, it had consistently described the PDP as lawless. Evidence has now shown that all the APC did then was to deceive Nigerians into believing that they are better. But today, they have seen that members of both parties are one and the same.

TUESDAY, DECEMBER 6, 2016 • T H I S D AY

FEATURES

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

Looming Herdsmen, Farmers Clash in Bayelsa For several years, the seeming menace posed by itinerant herdsmen has resulted in several confrontations with farmers in several parts of the country. Emmanuel Addeh writes that Bayelsa could be the next flashpoint if the authorities fail to neutralise the threat

ike most coastal areas in the Niger Delta, the major source of livelihood for the people of Bayelsa State is fishing and farming, mostly done at the subsistence level. With proceeds from oil, largely exploited right in their backyards, rarely reaching them, the farmers, mostly women, toil by the day in their farms and go fishing in the night to make ends meet. They bear the burden of tilling the ground with crude and ancient tools, mainly hoes and cutlasses, heavy as it is, with equanimity, hopeful that at the end of the farming season, they would be able to reap the fruits of their labour. But in many parts of Bayelsa, the natural dictate of reaping the good that you sow has become a daydream, if not a nightmare. Routinely, nomads from Nigeria's arctic, desperately in search of pastures for their livestock, perhaps unwittingly, walking side by side their cows encroach these farms, causing tears and sorrow in their wake. From Gbarantoru, Tombia, Agudama and Bumoundi to Akaibiri, Bumoundi-Gbene and Ikibiri, the story has been the same- destruction, despoliation and ruination. All the aforementioned towns are located in Ekpetiama, a kingdom in Yenagoa Local Government Area of Bayelsa State which has been badly hit by the unenviable phenomenon. Unfortunately, it would appear that the issue has not drawn the required attention from the government as well as the security agencies for them to wade in and stop the imminent confrontation, especially when push eventually comes to shove. Though protests, peaceful ones, have been carried by the farmers to notify the authorities, those who have largely been involved in trying to broker peace between the farmers and the herdsmen are mainly non-governmental organisations. In this regard, worthy of note is the Environmental Rights Action/Friends of the Earth, Nigeria (ERA/FOEN), which has serially done several field trips to many of the affected communities and attempting to ensure that clashes are averted. But the efforts of the not-for-profit group aside, not much has been done, save for a handful of lawmakers who recently made a feeble attempt to compel the authorities to act before the issue escalates. To be fair, the lawmakers in Bayelsa recently adopted a motion raised by the member representing Ogbia Constituency 1, Mitema Obordor, resolving to control the movement of animals in the state. The motion sought to “prohibit stray animals and grazing of cattle from one location to another through farmlands, thereby causing damage, health hazards, obstruction of vehicles and human traffic.” But it ended at that: just motion without action. Many of the affected farmers in the communities, narrated tales of woes in their encounters with the herdsmen, including the destruction of their farmlands and being beaten up by them. But the suspected culprits, though not denying that there have been several incidents of harm done to the farmers' source of livelihoods, said those who perpetrated the destruction were not members of their groups, insisting that the nomads operate in cells. Sele Tuosaigha, one of the farmers from Tombia community, in Yenagoa, said her crops have been destroyed several times. “These cattle have come again and again to eat up the young plants and destroy my

The women protesting the destruction of their farms by the herdsmen

farm. It was the same thing I experienced last year, now they have come again. “We don’t even have any other work to earn salary. The State Governor has been urging us to farm, even President (Muhammadu) Buhari is saying the same thing. Now we are farming and these men are bringing malu (cows) to come and destroy our farms. “What have the authorities done to prevent the cattle from coming to destroy our crops and farm? Didn’t they see them when they were entering the state? We are not civil servants, nor are we working in any other paid job except farming. So, if we are denied of our farming, how are we going to survive?” She queried, not expecting any response. She continues,” Our children's education

We need government to tell them to leave; go away from our land. From today we don’t want to see cattle in Ekpetiama environment. The herdsmen should carry their malu and leave before they destroy all of us. We are ready to die on this matter; they should relocate from our environment

too depends on our efforts in the farm, so our children will surely be affected by this destruction. Please take this matter seriously otherwise ...” James Olaere is another farmer who has been badly affected by the menace. He posits that with the way things are going, it would only be a matter of time before hostilities would set in. ’’Farming is my source of livelihood”, he begins. “Just two days ago when the herdsmen led their cattle to this place, they scattered the entire farm; ate and uprooted the crops that were already doing well. “This is where I get my ‘salary’, I won’t accept these invaders near my farm anymore. From today, they should leave this environment,” he fumes. In Agudama, Eustacy Zige, who led journalists to her farm, wept profusely for her loss, explaining that with the destruction, next year would even be more difficult to survive hunger. “I have been very ill for some time now”, she says. “But due to the harsh economic situation and hunger, I decided to force myself back to the farm. Now see what has become my lot, the cattle have uprooted my crops, eaten the tender ones and destroyed my farm. “I was making efforts to escape from hunger, but what am I going to do now?’’ She asked rhetorically. The stories of doom are pervasive. From Ibomo Odigi, who said she was glad that the floods had receded, only to be met with herdsmen trouble to Binaere Anthony who said she had been beaten up several times, the protesting women said the situation was becoming hopeless. “We need government to tell them to leave; go away from our land. From today we don’t want to see cattle in Ekpetiama environment. The herdsmen should carry their malu and leave before they destroy all of us. We are ready to die on this matter; they should relocate from our environment,” the angry farmer fumed.

On the violence wrought by some of the suspects, Mrs Anthony narrates her ordeal. “I was tilling my farm and a herd of cattle just came and walked through. They rushed into my farm. “Pointing to one of the herdsmen, he continues, “I quickly told that one (Abubakar Usman) and pleaded with him to call his cows to order. He said there was nothing he could do. “It was then I ran out of patience and grabbed him. He beat me as I grabbed him and I retaliated by beating him too. So, we started fighting until my sister came to my rescue and we raised the alarm for assistance. They even went ahead to shoot guns that day,” she alleges. “They chased us and we ran for dear lives because we didn’t want to die. Yet, they chased us in our own land, these herdsmen. Apart from their guns and machetes, they were more than us in number, we were only four women and that was why we ran,” she adds. Many farmers in the affected areas, including the Chairman of Ijaw Youth Council (IYC), the umbrella body of youths of Ijaw descent in the area, spoke in the same vein. Keneth Paul, the IYC Chairman, Ekpetiama kingdom, said that but for the efforts of the local authorities in the area, the problem would have escalated by now. “The herdsmen are armed with guns and ammunition tied to their cow as they roam about. It is not as if I cannot mobilise youths to engage the herdsmen, but that would result into violence. “As it is now, we are calling on government to come and chase them away from our environment because they are not helping us. They should leave our environment and let our mothers farm and get food for us to eat,” he said. But leader of one of the groups of herdsmen operating in the axis, Abubakar Usman, denied using guns, saying the cutlasses they carry around are for clearing obstacles each time they get stuck in the bush.

• T H I S D AY TUESDAY, DECEMBER 6, 2016

FEATURES

Eustacy weeping in her farm destroyed by herdsmen

“People around this area know our group, we don’t spoil crops. Maybe by mistake one or two cows can enter into a farm and destroy crops. If it happens that way, the women should call me and I will go and take a look at what is destroyed,” he said. He argued that the groups which usually cause destruction are those whose herds are too large to control. “To control such large herds of cattle is not easy; sometimes they veer into farms and when such happens you can’t avoid crops being damaged. “If I approach the other group with large herd and tell them not to remain here they would interpret it to mean that I am chasing them away so that only my cattle should eat the grass within this area,” he said. He added, ”They won’t listen to me because I am not a chief, chairman or landlord; so they won’t obey me even if I tell them to leave the environment.” The Chairman of Ekpetiama Security Committee, Mr. Imomotimi Dakolo, who also addressed the affected women, sought the immediate relocation of the herdsmen. “Farming is a major occupation here and we cannot allow our women to be denied practicing their traditional occupation. We can’t even afford to give the herdsmen any area within our environment to stay or lease because the tendency for the cattle to go out of control and spoil other people’s farms is there. To avoid that, they should go. “We appeal to government to do the needful. We hear the National Assembly is working on a Bill to get somewhere for them to go and settle; they should go to that place,” he said. “As you can see, they are armed. Government should come and tell them to leave our environment. If we want to do it ourselves, definitely it will involve exchange of gunfire and we do not want to encourage that here,” he noted. Also Speaking, His Royal Majesty King Bubaraye Dakolo, Agada IV, Ibenanaowei of Ekpetiama kingdom, who visited some of the farms himself, called for peace and

Even the State House of Assembly needs to do something and that means the state governor himself should step in. We don’t want to wake up one morning to the reality that because someone’s cow was attacked by a lady or young man killed a cow, a community is burnt down

Cows around the destroyed farms

King Bubaraye Dakolo addressing some herdsmen

Dickson...preaching peace and coexistence

patience while the issue was being resolved. While appealing to the protesters, the monarch stated that since the destruction of crops and farmlands started, last year’s and this have been the most hit. “It is actually appalling and we are indeed a greater victim than any other group as far as this issue is concerned. Year after year as far as I can remember, it gets worse. “These cattle rearers don’t seem to know what our staples are. So the cattle eat up cassava perhaps because they think these are just wild plants that are supposed to be eaten by cows. “Locals are not happy and they complained and almost resulted into fighting. We are of the view that given the experiences in Benue State, Ebonyi State and other places, we shouldn’t leave this matter to one or two farmers to handle. “We have to wake the world to realities of possible clashes that could result if government does not do what is supposed to be done. Everybody needs to wake up and do his work. “Even the State House of Assembly needs to do something and that means the state governor himself should step in. We don’t want to wake up one morning to the reality that because someone’s cow was attacked by a lady or young man killed a cow, a community is burnt down.

IG Ibrahim Idris...should ensure there is no breakdown of law and order in Bayelsa

“Because normally the reaction is that, oh you killed our cattle; so we kill you all and we burn you down and so on and so forth. We don’t want such an experience,” he said. It’s not the first time community leaders NGOs would seek to intervene to avert bloodshed. In June of this year, advocacy groups, Nigeria Reconciliation and Stability Project of the British Council and the Bayelsa State Peace and Conflict Management Alliance, mediated in the conflict between Fulani herdsmen and farmers in the state. Leader of the group, Mrs. Elizabeth Egbe, told journalists after a meeting with farmers and victims of the attacks in Yenagoa, that there was the need to end the frequent attacks on farmers. “There is tension already in some communities in Biogbolo, Yenuzie-Epie, Okutukutu and Epie in Yenagoa Local Government Area of the state, where some farmers were attacked by the herdsmen. “We are here to find out the root of the matter and way forward for the betterment of our people and Nigerians. Some of the attacked farmers are here with us. “We have had a meeting with the security agencies to tackle the issue in the state. So, we are urging the government to provide a grazing field for the Fulani herdsmen in the state – a place, where they can settle rather

than moving from one bush to another.” Coordinator of ERA/FoEN in Bayelsa, Mr. Morris Alagoa, told THISDAY that unless the authorities step in promptly to prevent further provocation, it will soon get to the point where violence would be an option. He said the use of dangerous weapons by the herders and the likely retaliation by the women and youths of the affected communities could snowball into loss of lives. He urged representatives of Bayelsa State at the National Assembly to work closely with the state and local governments with a view to ensuring the interest of the farmers are effectively protected. He added that more enlightenment and advocacy should be carried out to prevent violent conflict and to ensure there is fairness in settling the issue and advised communities to continue to exercise restraint. The Bayelsa State government, through the state Commissioner for Information and Orientation, Mr. Jonathan Obuebite, told THISDAY that the government was handling the matter with all the care that it deserves as it remains ‘very sensitive'. It noted that the Governor, Mr. Seriake Dickson, had already met with all the security agencies and directed that appropriate action should be taken to ensure that the issue does not escalate.

IMAGES

Women Cultural Dance at 2016 Abuja Carnival celebration..recently

L-R; Chairman Best Foods Global Ltd, Mr Emmanuel Ijewere; Founder/CEO Centre for Value in Leadership(CVL), Prof. Pat Utomi; his wife\ Board Member (CVL), Prof Ifeoma Utomi; GM/CEO Artee Group, Mr Haresh Keswani and President, Retail Council of Nigeria, Asiwaju Solomon K. Onafowokan, at the 4th Economic Growth Sector Celebration Series by (CVL) in Lagos.. recently. kolawole alli

L-R: Globacom’s Ebonyi State Manager, Mr. Ignatius Nyong; Glo ambassador, Reekardo Banks and Deputy Manager, Consumer Affairs Bureau, Nigerian Communications Commission, Margaret Amaku during the Glo Campus Storm music concert at the Ebonyi State University, Abakaliki...recently

L-R: Marketing Director, Nigerian Breweries Plc. Mr. Franco Maria Maggi; Overall Winner, 2016 National Art Competition, Mr. Uzoji Godwin and Judge, 2016 National Art Competition,, Mr. Patrick Koshoni, during the grand finale of 2 016 National Art Competition in Lagos ..recently sunday adigun

THISDAY • TUESDAY DECEMBER 6, 2016

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

Special Adviser on Communities & Communications, to Lagos State Governor, Mr. Kehinde Bamigbetan (middle); flanked by his counterparts on Civic Engagement, Hon. Kehinde Joseph (left) and the Sole Administrator, Alimosho Local Government Area, Hon. Adetunji Quadri, during the inauguration of the Lagos State Community Business Assembly, in Alimosho, Lagos...... recently

L-R; Key Account Manager, NBC, Grace Owolabi; Managing Director, Gold Stone Ltd, Mr. Anloine . Zammarieh .;Chief Scienticfic Officer, LASEPA, Mr. Femi Oyewole; and Marketing Director, Gold Stone Ltd. Caroline OdukoyaIjogun, at the official opening of the 20th Domino’s Pizza outlet in Ogudu Lagos..recently sunday adigun

General Manager LASBCA,, Engr. Oladotun Lashoju(lleft and Chairman REDAN South West,, Mr Taiwo Ogunbodede during REDAN symposium at Lagos Chamber of Commerce &Industry, Lagos.. recently.

Chairman, National Assembly Legislative Aid Forum (NASSLAF), Hon Sam Melaye (center); receiving an award of excellence as Okun Youth Man of the year from the President, Okun Youth for Change, Comrade Ola Adekunle (right) and the Vice Chairman, (NASSLAF) Mr. Elijah Banny, during the presentation of award, at National Assembly Complex, Abuja...... recently

T H I S D AY • TUESDAY, DECEMBER 6, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

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Quick Takes Kachikwu to Open NOG 2017

A WELL-DESERVED HONOUR

L-R: Former Head of State, General Yakubu Gowon; Nigerian billionaire fashion-designer, Dr. Folorunsho Alakija, Group Chairman, FBN Holdings Plc, Dr. Oba Otudeko, and Pro-Chancellor and Chairman, Governing Council, Ajayi Crowther University, Chief Wole Olanipekun, at the institution’s 8th convocation ceremony and conferment of Honorary Doctor of Science Degree, (D.Sc) Honoris Causa on Otudeko in Oyo State …recently

HouseCommitteeAccusesHyundai,Samsung of Breach of Local Content Law Ejiofor Alike The House of Representatives’ Committee on Local Content has said it has been in running battles with Korean firms – Hyundai Heavy Industries (HHI) and Samsung Heavy Industries (SHI) over violations of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010. The committee has also accused Nigerians of aiding foreign companies to flout the Nigerian content law, adding that every infraction in the oil and gas industry is aided by a Nigerian company. Speaking at a special panel session of the Sixth Practical Nigerian Content Conference that ended recently in Abuja, the Chairman of the Committee,

ENERGY Hon. Emmanuel Ekon alleged that some of the companies have violated Section 33 of the NOGICD Act by abuse of expatriate quota. Ekon identified HHI and SHI as the main culprits in the violation of the NOGICD Act. According to him, Section 33 provides that the companies should seek approval from the Nigerian Content Development and Monitoring Board (NCDMB) before deploying expatriates. “In the course of our oversight function of the oil and gas industry, we discover that some of these companies bring in expatriates, who are somehow not qualified to work in the industry or who do not have the requisite skills as stated in

their quota,” he said. He also alleged that in some instances, some of the expatriates overstay in their positions, which they are supposed to have relinquished to Nigerians. Ekon said the NCDMB was empowered to have information on all the professionals working in Nigeria’s oil and gas industry, stressing that approval is supposed to be obtained from the board by the companies on behalf of the expatriates. The Committee Chairman, who was represented by his deputy, Hon. Suleiman Kwande argued that the implementation of the NOGICD Act will provide social security and dividends of democracy to Nigerians, and called for effective collaboration among the NCDMB and the

Ministry of Interior to check the abuse of Nigerian Content. The committee had visited the facilities of HHI and Samsung where Ekon condemned the two companies for their alleged flagrant abuse of the NOGICD Act. “The Local Content Committee three weeks ago frowned at the attitude of Samsung in bringing over a hundred welders and fitters that we have in abundance here. That is a complete violation of Section 53 of the Local Content Act. The essence of our touring these facilities is to see where these companies have violated our law and then try to enforce those companies to comply with our laws,” he had said. Continued on page 22

NLNG Forecasts 32% Annual Growth for Nigeria’s LPG Market Chineme Okafor in Abuja A market study conducted by the Nigeria LNG Limited has showed that given the right conditions, the Liquefied Petroleum Gas (LPG) market in Nigeria can grow its penetration and market share by 32 per cent from 400,000 metric tonnes per annum (MTPA) to 3 million MTPA within five years. Speaking recently in Abuja during the LPG stakeholders meeting, the Managing Director of NLNG, Mr. Tony Attah stated that the study by the company also projected that within the five year period, the country can improve her per capita

ENERGY consumption of LPG from approximately 2 kilogramme (kg) to 12kg. He noted that Nigeria’s LPG per capita consumption was the lowest in Africa and that increased adoption of LPG could yield a lot of socio-economic benefits to the country. Attah said the NLNG had taken up the drive to improve LPG usage in Nigeria but that its efforts would need to be complemented by certain government actions to ensure the market peaks in line with the market estimate its study revealed.

“It is expected that an aggressive and well-coordinated market expansion strategy should lead to the growth of the Nigerian LPG market at annual rates of up to 32 per cent from the current level of over 400,000MTPA to over 3 million MTPA in five years with a potential increase in per capita consumption from approximately 2kg to over 12kg, well above the sub-Saharan average of 3.5kp per capita,” Attah said. He however explained: “There are still other bottlenecks beyond our control which frustrates the full-fledged development of the market

including the dearth of investments in LPG reception facilities and supply infrastructure, throughput challenges, as well as onerous fiscal regime and regulatory environment, such as the imposition of VAT on LPG produced in the country while the volumes imported are granted VAT waivers; all these continue to hinder overall step change growth in the industry.” He added that unlocking the potentials of the industry will require a public-private sector partnership. According to him: “The Continued on page 22

The Minister of State for Petroleum Resources, Dr. Emmanuel Ibe Kachikwu has been confirmed to deliver the official ministerial address at the 16th edition of the Nigeria Oil and Gas Conference and Exhibition (NOG) in Abuja, the organisers of the event, CWC Group has revealed. NOG2017 will serve as the platform for the government to showcase the direction in which they are taking the oil and gas industry in the years to come. Commenting on this edition of NOG, former Minister of Mines and Energy, Venezuela and Member of the Board of Directors, CWC Group, Dr. Alirio Parra said: “NOG now in its 16th year has become an extraordinary event in the Nigerian and international energy calendars. It brings together policy makers, operating oil companies, technology innovators and local manufacturers in an open and free discussion and debate that has the potential for developing new strategies for growth and investment”. Alongside Kachikwu, other high level government officials who will be participating in the four-day event include other Ministers of the Federal Republic, senators, senior government representatives from the Ministry of Petroleum Resources and NNPC and its subsidiaries.

South Africa Slashes Petrol Price

The retail price of petrol in South Africa will fall by 1.5 per cent from December 7, while the price of wholesale diesel will drop by 2.8 percent, the country’s Energy Department said at the weekend. According to the department, the price of 93 octane petrol will fall by 20 cents to 12.59 rand per litre, with the 95 octane also dropping by 20 cents to 12.85 rand per litre in the country’s commercial hub of Gauteng province, while diesel will decrease by 32 cents to 11.03 rand per litre, the department said in a statement. The main reason for the fuel price adjustments according to the department are due to the contribution of the rand/ US dollar exchange rate. The rand appreciated slightly against the US Dollar from R13.96 to R13.91, on average, during the period under review when compared to the previous one. The second reason was the decrease in the prices crude oil, on average, during the period under review. Russia has been producing at record highs and Iraq and Iran are seeing output grow, while Libya and Nigeria are recovering and are exempt from any OPEC output cut agreement. The Minister also approved the wages increases of the forecourt attendants, cashiers and other administration staff by 4.9 cents per litre, in accordance with the Motor Industry Bargaining Council (MIBCO) agreement that was signed on November 18, 2016.

One Dead in ENi Platform Fire

One person was killed in a fire on an oil platform operated by ENI Congo off the coast of the Congo Republic city of Pointe-Noire, the government said. “The situation is under control. The incident caused one death and five people were injured,” said a statement, adding that the government would investigate the incident on the Foukanda rig. ENI said in a statement the platform was immediately evacuated and the fire was quickly extinguished by emergency teams. “Of the 45 persons on the platform, five reported slight burns, while one person, a crane operator belonging to Afrimel, was missing at the time of the evacuation,” the ENI statement said, adding that the missing person was later found dead. Congo Republic in November lowered oil and gas royalty rates under a new petroleum code approved by parliament as part of efforts to encourage investment in new exploration. Companies operating in the country include France’s Total , Italy’s ENI, London-listed Tullow and the US firm Chevron.

“It is important to remind all of us that the privatisation exercise that transferred the distribution companies was not held as a contract with an association” Minister of Power, Works and Housing, Mr. Babatunde Fashola

T H I S D AY • TUESDAY, DECEMBER 6, 2016

BUSINESSWORLD HOUSE COMMITTEE ACCUSES HYUNDAI, SAMSUNG OF BREACH OF LOCAL CONTENT LAW

“We started engaging Hyundai Heavy Industries (HHI). We found out that HHI violated the law by bringing in expatriates without valid papers. How they came into the country we do not know. And these are people that are coming in to take jobs who are meant for Nigerians. What we did was to invite the Immigration Services into HHI. They started their investigation that lasted about a month. At the end of it all, HHI was found guilty. As I am talking to you now, the managing director was deported last week; the country representative was deported and another officer was deported for 10 years. That means they cannot come into this country for the next 10 years. Now we have about 31 more that are working in Chevron Excravos still HHI expatriates. They are under investigation right now; their passports have been seized and by Tuesday next week, Immigration Services will also come out with result of their investigation. If they are found guilty, all of them will go the same way,” Ekon had explained. NLNG FORECASTS 32% ANNUAL GROWTH FOR NIGERIA’S LPG MARKET

government needs to intervene by removing fiscal and regulatory bottlenecks necessary for creation of a conducive business environment for private sector investment in all segments of the value chain.” “The removal of VAT on LPG as well as taxes and duties concessions for LPG equipment and cylinders must be at the top of the priority list for the government. “On the other hand, the private sector must deepen the market to create efficiency and provide quality services at lower costs whilst ensuring that highest safety standard are adhered to across the entire value chain especially in LPG plant operations, transportation and cylinder quality/recertification,” he explained.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

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Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

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

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

NEWS

Kachikwu: FG Saves $15.4bn from Removal of Petrol Subsidy Chineme Okafor in Abuja The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu has said the federal government has so far saved up to $15.4 billion from its withdrawal of subsidy on petrol. A statement from the ministry’s Director of Press, Idang Alibi in Abuja quoted Kachikwu as also saying that his various trips to China and India has yielded about $80billion worth of investment. The statement explained that Kachikwu was represented by the ministry’s Permanent Secretary, Dr. Jemila Su’ara in a meeting with members of the House of Representatives Committee on Petroleum, Downstream who were on an oversight visit to the ministry. The minister, according to the statement thanked the National Assembly for supporting the government’s introduction of the price modulation template in May 2016 which he added led to the disappearance of fuel queues in the country. He claimed the price modulation has eliminated subsidies and liberalised the downstream sector of the oil and gas industry. Briefing the legislators on the activities of the ministry, Kachikwu said the ministry has done much to improve the business environment in the oil and gas industry in order to generate massive investment for the sector. He also listed his recent trips

to China and India in which he said he was able to sign Memorandum of Understanding (MOU) worth about $80 billion. Other successes achieved include, the partial resuscitation of the Port Harcourt, Warri and Kaduna refineries, repair of products pipelines and the resuscitation of supply of products from Atlas Cove to Mosimi, Ibadan and Ilorin after a six-year lull.

Other benefits include: improved crude oil supply to Warri and Kaduna refineries and savings of $15.4 billion for the federal government as a result of the elimination of subsidy payments for petroleum products. The statement also quoted the Chairman of the Committee, Joseph Akinlaja to have described the oil industry as the life blood of the Nigerian economy, hence, the legislators’

interests in the activities of the ministry. Akinlaja explained the committee visited the ministry to know what legislative support they can give to it to achieve its plans, programmes and projects. He noted the Speaker of the House, Yakubu Dogara was passionate about the passage of the contentious Petroleum Industry Bill (PIB), and that he and the House have done

everything within their powers to see to the passage of the PIB into law before the tenure of the current House expires. Akinlaja also stated that the country looked up to the ministry to ensure fuel availability and its efficient distribution, adding that the House will support it to ensure that petroleum products are supplied at affordable and sustainable prices.

OVERSIGHTVISIT

R-L: Managing Director, Port Harcourt Refining Company, Bafred Audu Enjugu; Group Executive Director/Chief Operating Officer, Downstream, NNPC, Henry Ikem Obih; COO Refineries, Anibor Kragha, Chairman, House Committee on Petroleum Resources Downstream, Hon. Joseph Iranola Akinlaja, his deputy Hon. Danlami Mohammed Kurfi, during an oversight visit to the refining by members of the committee …recently

20 Years After, NEPZA to Hands off Oil and Gas Discos to Curb PowerTheft, Vandalism With New Programme Free Zones Ejiofor Alike Exactly 20 years after the Oil and Gas Export Free zone Act No. 8 of 1996 established the Oil and Gas free Zones Authority (OGFZA) to manage and regulate the Oil and Gas Export Free Zones in Nigeria, the Nigeria Export Processing Zone Authority (NEPZA) is to relinquish the management of the oil and gas free zones to OGFZA, THISDAY has learnt. It was gathered that though the licensing, monitoring and regulation of Free Zones Scheme in Nigeria is vested on the NEPZA by the Nigeria Export Processing Zone’s Act 63 of 1992, the Oil and Gas Export Free Zone Act of 1992 has ceded the powers of NEPZA in the management of oil and gas free zones to OGFZA. Section 5 (2) of the Oil and Gas Export Free Zone Act of 1996 states that “the authority shall have power to take over and perform such other functions being hitherto performed by NEPZA as they relate to export of oil and gas from any of the Nigerian Export Processing Zones established by Nigeria Export Processing Zone Act.” It is in the light of the above, it was learnt, that the new Managing Director

of OGFZA, Mr. Umana Okon Umana has written to the Managing Directors of the Snake Island Integrated Free Zone (SIIFZ), LADOL and NEPZA, intimating them of OGFZA’s intention to take over the management of the oil and gas free zones in exercise of its statutory mandate. The letters, dated November 17, 2016 also stated that the official take-off date for the management of the zones by OGFZ will be 30 days from the date of the letters. In one of the letters with reference number FZA/ SIIFZ/02/VO1/1116/001, which was obtained by THISDAY, the position of OGFZA is that “the authority has by virtue of the statutory provisions stated in Section 5 (2) and other relevant laws as well as the directives of the Government on the take-over of all Oil and Gas related activities within Free Zones in Nigeria, decided to carry out the full implementation of the law and the said directives. LADOL Free Zone, being an oil and gas free zone, will henceforth be licensed and regulated by OGFZA.” Apart from the OGFZA Act which mandates OGFZA to manage the Oil and Gas free zones, Umana also cited

the Free Zones (Monitoring and Regulations) Order 2014, which states that “as from the commencement of this order, the Authority (OGFZA), in addition to its functions under the Act, shall be responsible for (a) Licensing of all oil and gas free zones located with the Customs Territory; and (b) publication of all operating standards to be observed in the free zone from time to time.” Umana also said his agency derived its powers from the White Paper on the restructuring and rationalization of Federal Government parastatals. According to him, the Government White Paper on the Report of the Presidential Committee on Restructuring and Rationalisation of the Federal Government Parastatals, Commissions and Agencies of March 2014, states as it affects the Ministry of Industry, Trade and Investment in Section 236-237 (OGFZA and NEPZA) that: “Government rejected the merger of Oil and Gas Free Zone Authority (OGFZA) with Nigeria Export Processing Authority (NEPZA) and directs further that OGFZA be renamed Oil and Gas Free Zones Authority, Nigeria, with responsibility to regulate all oil and gas free zones in Nigeria.”

Chineme Okafor and Peace Ewere in Abuja Electricity distribution companies (Discos) have indicated they would be deploying a new online security programme called ‘Hawk Eye’ to monitor electricity theft and equipment vandalism in the country’s electricity distribution networks. Developed by a Lagosbased technology firm, Web Assets Nigeria Ltd, the mobile application according to its developer could help Discos overcome the high rates of infrastructure vandalism, as well as theft of electricity and equipment in their networks. It was launched recently in Abuja, and would be expected to run on the platforms of Abuja and Eko Discos first before its potential massive deployment to other Discos. The Chairman of Web Assets Nigeria Ltd, Mr. Kayode Aladesuyi stated at the launch of the application, that Discos could reduce incidences of revenue losses due to power theft at their networks when they deploy it to their monitoring frameworks Adesuyi stated that other Discos have equally showed interest in deploying the application to their networks but wanted the pilot to take off before they come on board.

According to him, electricity users would also be able to report power theft and vandalism around them by capturing images and recording video of such acts in real-time through the security app. He noted that electricity users would equally use the app to file service complaints such as billing errors, outages, and other service complaints to their Discos. According to him, other sectors of the country’s economy like the security formation can benefit from the application which he added was designed to complement existing security structures in the country. “We are excited to launch this project with Eko Electricity and Abuja Electricity as part of our beta. The industry needs user support to arrest the issue of power shortage. Close to 30 per cent of power shortage in the country is due to utility theft, vandalism against power infrastructure,” said Adesuyi. He added: “For most customers complaining about utility rates, they should keep an eagle eye on neighbours illegally tapping into utility poles, this is a chance for each of us to key into the present administration’s change agenda to upturn our security alertness.”

T H I S D AY • TUESDAY, DECEMBER 6, 2016

BUSINESSWORLD

ENERGY

Are the Discos Blackmailing FG, Electricity Consumers?

The recent revelation by the Minister of Power, Works and Housing, Mr. Babatunde Fashola that the electricity distribution companies have refused to submit their audited accounts to the Nigerian Electricity Regulatory Commission shows that they have something to hide, effectively casting doubts on the claim that they have negative balance sheets, which they have used to justify exorbitant estimated bills slammed on consumers. Ejiofor Alike reports. In the past couple of months, the 11 electricity distribution companies have consistently claimed that that Nigeria’s Electricity Supply Industry is in financial distress as a result of a debt of N100 billion owed by ministries, agencies and departments (MDAs); dwindling power generation due to gas pipeline vandalism; absence of cost-reflective tariffs and the failure of the federal government to activate all the actionable agreements entered into with the investors during the power privatisation. The Discos had embarked on media advertisements and press conferences to absolve themselves of the obvious failings of the power sector, which had prompted Africa’s richest man and President of Dangote Group, Alhaji Aliko Dangote to call for the reversal of the power privatisation, alleging that the private investors “went in without even understanding what they were doing…” The 11 Discos under the aegis of the Association of Nigerian Electricity Distributors (ANED) had raised the alarm that the revenue shortfall in the power sector would hit N809.8 billion by the end of this month as a result of the federal government’s inability to meet its commitments in the performance agreement with the investors who acquired the power asserts during the power privatisation. ANED’s Executive Director, Research and Advocacy, Mr. Sunday Oduntan, had said in the association’s advertorials and press conferences that the performance agreement had stipulated that there would be cost reflective tariffs from November 1, 2013 but this never happened as “R2 customer class was politically frozen and collection losses removed in 2015” by the previous administration for the purpose of winning 2015 elections. “Sculpting or under-recovery of cost will result in N164 billion revenue shortfall, for the period of 2016 through 2018. Delay in reflecting costs means a growing increase in deficits,” he added. Oduntan had also alleged that the federal government also committed that tariffs should reflect reality but argued that tariffs have not changed despite the devaluation of naira from N197 to N305, while inflation also increased from nine per cent projected in the performance agreement to 17.9 per cent. The Discos further argued that the performance agreement was hinged on projected generation of between 5,000 megawatts and 7,500 megawatts between 2014 and 2016 but generation according to the companies, averaged only 2,000mw-3,000mw during this period due to pipeline vandalism and transmission constraints, which they claimed were outside their commitments. The distribution companies had also revealed that the generation companies are owed in excess of N184 billion contrary to the performance agreement, which guaranteed the credit worthiness support of Power Purchase Agreements (PPAs) by the Nigerian Bulk Electricity Trading Plc (NBET), better known as the Bulk Trader. Oduntan had stated that the government made commitment to guarantee increased investors’ access to gas supply and alleged that there is no improvement in gas supply as a result of pipeline vandalism, which resulted in an average of 50 per cent reduction in generation for the period of May, June and July 2016. According to Oduntan, while the performance agreement also guaranteed clean balance sheets to give the Discos and the Gencos the ability to borrow funds to invest in power sector, the investors’ reality showed that no bank willing to lend money to the Discos Or Gencos, as the banking sector is already exposed to oil, gas and power sectors by over N3 trillion. He further stated that 3,000MW has been lost to vandalism, while the MDAs are indebted to

Fashola the sector to the tune of N100 billion. Fashola punctures claims But speaking recently when he inaugurated a transmission line built under the National Integrated Power Projects (NIPP) by the Niger Delta Power Holding Company (NDPHC) in Akwa Ibom State, Fashola charged the Discos to also use the same advertorials to tell Nigerians that they refused to submit their annual statement of accounts to the NERC as required by the power reform law. Fashola also alleged that the Discos frustrated attempts by NERC to activate their agreements in the Transitional Electricity Market (TEM), which should bind them to objective service delivery. Though the industry claims to be currently under TEM, the sector is still being operated under interim rule, where the market participants operate on the basis of best endeavour, without any regard to the terms of the existing contracts. Under the current operating conditions, market participants are not sanctioned for failing to meet their contractual obligations. But under TEM, all actionable agreements signed by the various market participants are supposed to be fully implemented. For instance, an active TEM will make it mandatory for the Nigerian Gas Company (NGC), a subsidiary of the Nigerian National Petroleum Corporation (NNPC), to be sanctioned in the event of failure to deliver on its gas supply commitments to the power producers, in line with the Gas Supply Agreement (GSA) signed in 2013. With TEM also, any power generating station that fails to deliver on its electricity supply commitment to the national grid in accordance with the Power Purchase Agreements (PPAs) signed with the Nigerian Bulk Electricity Trading (NBET) Plc, otherwise called the Bulk Trader, will also be sanctioned. The Distribution Companies are also expected to activate extant vesting contracts with NBET Plc, whereby NBET must meet its obligations to the Discos in terms of supply of bulk power for distribution. In other words, market participants under TEM are obliged to commence full trading based on the rules of contracts and any breach of the contracts is effectively sanctioned but this has not been the case. Fashola had accused the 11 Discos of becoming

Odutan stumbling blocks to the smooth regulation of the power sector by NERC, and further alleged that when NERC wanted to activate their contractual obligations as contained in the TEM, the Discos dragged the regulatory agency to court and frustrated its efforts. He further alleged that the Discos were largely responsible for the delay in the settlement of debts owed them by the MDAs. He specifically noted that the Discos have irrespective of their excuses, failed to also tell Nigerians that in the past three years they have refused to submit their audited financial reports to NERC. Indeed, if their books are in the red as they claim, analysts wonder why they are hiding their audited financial results from the regulator. “Advert should also have told Nigerian public how many Discos have gone to court to frustrate the attempt by NERC to hold them to their contracts so that they can pay the Gencos who have been sacrificing, the gas producers who have not received payment and who have continued to act patriotic,” Fashola had said. “It is important to remind all of us that the privatisation exercise that transferred the distribution companies was not held as a contract with an association. It was between Nigeria and the distribution company. So, while I respect the right of an association, the constitution guarantee the freedom of association, the federal government will not pay over N100 billion to anyone under the aegis of an association. That is not how to solve it,” Fashola added. Fashola insisted that the government will treat the debt on individual company basis upon government’s honest verification of the claims and not with their association, adding that his request for them to submit records of their claims have been largely rebuffed by the Discos. “We won’t pay estimate. The figure must remain clear in naira and kobo terms. And we will do our work. I think that the advert that the Discos issued should also have conveyed information to the Nigerian public about how many of them have supplied details of their audited accounts for the last three years. And we have been asking them to provide it,” Fashola argued. Flagrant breaches of market rules Since the power assets were handed over to the new investors on November 1, 2013, some of the Discos have demonstrated lack of capacity

to run these assets. Fashola had advised that “those Discos who cannot run the business must be honest with themselves and begin to look for options either to raise capitals, to get more strategic partners in or to do whatever they consider appropriate within the framework of their contract in order to get on with this job.” But rather than explore other funding options, these companies have resorted to extorting consumers through exorbitant estimated billings; concealing their financial books from NERC; blackmailing government and flouting market rules. On several instances of breaches of the market rules, NERC has responded with appropriate sanctions against erring Discos. For refusing to provide customers with prepaid meters, Ikeja Electricity Distribution Company (IKEDC) was the first Disco to be sanctioned by NERC to the tune of N131.4 million for the company’s “flagrant breaches” of the Credited Advance Payment on Metering Initiative (CAPMI), an initiative of NERC to assist the companies close the wide metering gap. NERC had also fined Benin and Port Harcourt electricity distribution companies N6.220 million over failure to comply with the decisions of Forum Offices rulings in complaints filed by their respective customers. The agency had also has fined Ibadan, Ikeja, Port Harcourt and Enugu Discos millions of Naira for breaching the terms and conditions of their licences and the provisions of the Electric Power Sector Reform Act 2005. Port Harcourt and Enugu Discos were sanctioned for their failure to submit quarterly reports on their key performance indicators, whereas Ibadan and Ikeja were fined over failure to attend to customers’ complaints severally referred to them. Despite NERC’s sanctions, some of the Discos have continued to flout the market rules by extorting customers through exorbitant estimated bills, and it is ironical that while Eko Disco has embarked on massive rollout of free prepaid meters to its customers, Ikeja Disco, which operates under the same market, has suspended the provision of prepaid meters, citing high cost of forex. While some of the Discos are busy providing meters and investing on network expansion to boost their distribution capacity, there is indeed, lack of sincerity on the part of most of the Discos, who have resorted to blackmailing the government and consumers.

T H I S D AY • TUESDAY, DECEMBER 6, 2016

BUSINESSWORLD

ENERGY

Power Sector: One Year with a Makeshift Regulator Owing to the federal government’s seeming lack of enthusiasm, Nigeria’s electricity market would have by December 20 operated for a year without a board to run the affairs of the Nigerian Electricity Regulatory Commission as required by law. Chineme Okafor writes

Buhari On December 20, 2016, it would have been one year since the term of the Sam Amadi-led board of commissioners for the Nigerian Electricity Regulatory Commission (NERC) ended. The federal government is yet to appoint to a replacement for them. Also, that date will make it exactly one year that Nigeria’s privatised electricity market would have operated without a properly constituted industry regulator, leaving the sector with quite some regulatory uncertainties. In deference to Section 34 of the Electric Power Sector Reform Act 2005 (EPSRA), which specifically deals with the appointment of a seven-man board of commissioners for the NERC as well as Section 35 (5) of the same Act, that stated the period which the appointment should be made, the government has by its negligence of the fundamentals of the Act, failed to abide by the law buttressing the power reforms it inherited. As stated in Section 35 (5) of the EPSRA, “all appointments or reappointments of commissioners shall be made before expiry of their term of office.” The Act recognised the need to maintain stability in the NERC and power sector regulation, hence its insertion of such clause in the EPSRA. Section 39 stipulated that, “on the death of, or vacation of office by, a Commissioner, the President shall nominate a candidate to fill that vacancy, and submit that nomination to the Senate, within one month, in accordance with section 34,” at least to affirm the stance of the law on vacancy at the power Regulator. One year on, no regulatory commissioners Spurred by the poor electricity situation in the country, as well as changes in the politics, technology and institutions of electricity business, Nigeria opted to undertake a reform in her electricity market, backing it up with regulations that should sustain the market’s growth. As stated in the EPSRA, such regulator as found in the NERC must amongst other statutory tasks: create, promote, and preserve

Akah an efficient industry and market structures; ensure optimal utilisation of resources for the provision of electricity services; maximise access to electricity services by promoting and facilitating consumer connections to distribution systems in both rural and urban areas; ensure that an adequate supply of electricity is available to consumers; ensure that the prices charged by licensees are fair to consumers and are sufficient to allow the licensees to finance their activities and allow for reasonable earnings for efficient operation; as well as ensure the safety, security, reliability,

There are clear evidence to buttress the impacts of the absence of a fully constituted board of commissioners for the NERC on the sector, one of such is the seeming reluctance of the market and its participants to enter into a Transition Electricity Market (TEM), one which emphasises on contracts and obligation

and quality of service in the production and delivery of electricity to Nigerian consumers. The regulator must also: ensure that its regulations are fair and balanced for licensees, consumers, investors, and other stakeholders; promote competition and private sector participation when and where feasible in the sector; and monitor the operation of the electricity market. Within this remits, the jobs of the commissioners are clearly spelt out, and even if they do not exist as it is the case now, the regulator cannot be said to be fully convened. There are clear evidence to buttress the impacts of the absence of a fully constituted board of commissioners for the NERC on the sector, one of such is the seeming reluctance of the market and its participants to enter into a Transition Electricity Market (TEM), one which emphasises on contracts and obligation. The refusal of the market to enter TEM has contributed immensely to the sector’s very bad financial status as seen in the about N809 billion reported financial shortfall of the sector. In adopting the electricity privatisation and regulatory reform, Nigeria saw in it the solution to the problem of poor performance by the power sector and its defunct monopolistic manager, the Power Holding Company of Nigeria (PHCN). It wanted to achieve improved services and perhaps competitive price regime, one that will stimulate allocative and productive efficiency through competition as against the natural monopoly hitherto enjoyed by the PHCN. This, however were expected to be buoyed by a stable regulatory environment, one that rewards efficiency and punishes inefficiency, yet the situation in Nigeria’s power sector cannot be said to have benefitted from this, largely on account of regulatory uncertainty with the federal government guilty of repeated intrusion including its refusal to appoint commissioners to independently regulate the electricity market.

However, attempts by the government to appoint commissioners for the regulator has as at the last count suffered setbacks. Months after Amadi and his other commissioners left office with a reported prior notice to the government to appoint their replacements, President Muhammadu Buhari then nominated Prof. Akintunde Akinwande and six others to the post, but Akinwande reportedly declined the offer, putting the recruitment process in jeopardy. Several accounts stated that Akinwande failed to honour the various protocol requests required in the recruitment process. He also failed to honour a mandatory screening by the Senate before he would be confirmed chairman of the commission. Again, when the Senate screening was rescheduled in deference to the government’s excuse for him, he reportedly failed to turn up last week. Making it the second time in one month that he would turn down the screening exercise, the development further raised questions on the government’s commitment to an independent and transparent Regulator in the NERC. Despite initial claims by the government that Akinwande was simply trying to formalise his resignation from the Massachusetts Institute of Technology (MIT) where he works before turning up for the screening, he never made it to the second screening while other nominees did. In fact, reports stated that Akinwande had informally told the committee that he was not available for the NERC job, hence his repeated absence at the screening. Now, even with the screening of other nominees, industry experts told THISDAY that the non-screening of a chairman designate by the Senate means that the process of recruiting new commissioners for the NERC would be inconclusive for now until such a time the government finds a solution to it, while regulation of the sector remains incomprehensive, though the acting chair of NERC, Dr. Anthony Akah stated otherwise.

06.12.2016

WEEKLY PULL-OUT

OBI, GOD LOVES YOU MORE..... GOODNIGHT

The late Obi Okwusogu SAN

2/DASHBOARD

06.12.2016

Death of Candidate: Does Running Mate Assume Position? PAGE 4

ICCN to Host Another Africa Regional Arbitration Conference Next Year PAGE 5

EFCC to Re-Arraign Former Governor Ladoja, Aide PAGE 5

‘Sustain the Passion to Stay on Course’ PAGE 6

QUOTABLES 'Corruption in Nigeria is like a wasting disease. At the early stages, it is difficult to detect, but easy to cure. We are now at a late stage. It has metastasised. It is now easy to detect, but difficult to cure.' – Dr. Tunji Abayomi, Legal Practitioner and Activist

Nigeria’s AntiTorture Coalition Presents Draft Bill to National Assembly PAGE 7

'We must not encourage political rascality.The Senate President ought to declare that seat vacant. The reason for him (Senator Yele Omogunwa) jumping ship from PDP to APC is in order for him to go and support the new Governor-Elect, Akeredolu. It is not on the basis that there is a division in the PDP. There was a slight tussle for supremacy for the position of Chairman in PDP. The Court of Appeal and Supreme Court settled the issue and PDP is now under the leadership of Distinguished Senator Makarfi. He ought to resign and go there and become a Commissioner or Special Assistant or an Adviser.' – Senator Godswill Akpabio PDP, Senate Minority Leader

COLUMNIST ABUBAKAR D. SANI Abubakar D. Sani holds a Bachelors degree from the University of Maiduguri, and has been in active private legal practice since he was called to the Nigerian Bar in 1987.He is the Principal of Abubakar D. Sani & Co., which has offices in Abuja and Kano. " INSIGHT" aims to unravel, analyse and proffer solutions to numerous anomalies in Nigerian law and practice, particularly statutes, vis-avis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.

Fraudulent Trading Rule: Asset Recovery Mechanism in Winding-Up Proceedings PAGE 10

Perspectives on Federal Competition and Consumer Protection Bill 2016 PAGE 12

World Aids Day: “Leadership Commitment Impact” 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

Happy Weekend,.... Nice Day!

karo Madam (Goodmorning Madam), happy weekend! That was how a gateman greeted me on a visit to the Lagos State Secretariat, Alausa to see a Commissioner, during the 2015 Election campaign period, at the height of the popularity of the ‘change’ mantra. When did all this happy greetings even begin anyway? Happy Sunday. Happy this and that. Happy anything. Nice Day. What does it mean? It is simply another plan hatched by workers in a little position of authority, to extort money from people. This type of corruption is what is called ‘petty corruption’. It occurs in poorer countries, with poorly paid staff who need to make ends meet. To get rid of this, Nigeria has to increase its overall productivity, so that per capita income can rise. I responded to his Ekaro Madam, but I was silent on the happy weekend part. In my mind, I was saying “Haven’t you heard? We are changing from corruption”. Seeing no positive action from my end, he told me that only cars with a specific identification sticker displayed on their windscreens, were allowed into the premises. Of course, from his reaction, I knew that he wanted money. I decided to stand my ground and ask for directions to the building that I was going to. By the time he started, go straight, go left, then right, at the end of that right the building is behind the one at the junction, my driver suggested in Yoruba, “Mummy, ejo, o better ke fun ni nkan ka le wole (Mummy, its better that you give him something so that we can enter)”. I took my driver’s advice and immediately, the gate was flung open. Thank God I did. The building I was going to was quite a distance and I would certainly have reached the Commissioner’s office after a long trek, sweaty, exhausted and definitely late for the meeting. But it doesn’t seem as if that regulation actually exists, because I have been to Alausa a few times after that, and I didn’t encounter any difficulties in gaining access into the premises. Some Consequences of Corruption It is indeed so sad that corruption has eaten so deeply into the fabric of our society, so much so that you can hardly see any traces of the fabric, just corruption. Corruption is the worst disease that can hit a society, especially a developing country like ours. There are too many negative fall outs from it, like inefficient functioning of the economy, unnecessary increase in prices, increase in crime rate and new types of crime, as in Nigeria’s case, like kidnapping, Boko Haram, Avengers and so on. I guess that the rationale for the lower ranking worker being corrupt may be that, ‘if our leaders are robbing the country blind and getting away with it, what is wrong with me getting a small piece of the action?’ After all, the malaise of

corruption and ill-gotten gains should not be the preserve of high ranking officials alone. I will not bother to go into corruption in higher places, as that will just be stating the obvious. Practically every morning when one switches on any form of media dissemination, one is confronted with news of someone being arrested on some corruption charge or the other. It is a colossal shame that practically everyone that has been placed in a position of authority in our country, has breached the trust of Nigerians. Lately, the former President, Olusegun Obasanjo asked the Federal Government to extend the anticorruption fight to the Legislature. In response, the House of Representatives described him as the ‘Grandfather of Corruption!' Abuja Trip Recently, I had to travel to Abuja for a workshop. The day before the trip, I sent someone from my office to the airport to get me on a first flight. I also instructed him to go to every airline, apart from one that is famous for delaying and cancelling flights, and another with a faulty safety record. Getting a seat on the first flight proved to be a Herculean task, because apparently that is the only flight that is guaranteed will leave on time. After about four hours of back and forth at the airport, I told our staff member not to return to the office without a confirmed seat for me on a first flight. Eventually when he returned hours later, he informed me that he had to pay extra to secure the seat. It seems that airline staff have a juicy scam going, where they keep a few seats and claim that the flight is full. Those that are desperate enough, know what to do, to get to their destinations. Nigeria Academia Too The Nigerian academia is also part of the corruption game. There is financial and ‘sexual corruption’ (as Dr Tunji Abayomi stated in respect of the Judiciary) within its ranks. Lecturers are legendary for sexually harassing their students and failing them in their examinations if they don’t play ball. Recently, the Federal Government sacked thirteen and demoted sixteen lecturers for 'sex-for-marks' offences. Students are forced to buy ‘hand-outs’ authored by lecturers, which they can ill-afford. Refusal by students to purchase such materials also results in failure of examinations. Others simply pay the lecturers cash, for good marks. In fact I was shocked to hear that one can pay bribes to gain admission into higher institutions. A friend of mine told me that he was trying to raise three hundred thousand Naira to secure an admission for his daughter (who is not just clever, but extremely hardworking) into a University for the Accounting course she wants to study. He said that he was told that there is a scam going on in the Administrative Office, and if the bribe was paid, it would be smooth sailing.

Solutions: Lee Kuan Yew One country that was able to successfully fight corruption is Singapore. Lee Kuan Yew, was the first Prime Minister of Singapore. He held that position for over thirty years (1959-1990) and eradicated corruption in Singapore. He adopted a four-pronged approach. Firstly, the establishment of a strong independent service for the fight against corruption, like the Bureau of Corruption Investigation (BCI) of Singapore, which was inherited from the British Colonial Masters, and strengthened by Lee Kuan Yew. We have the agencies like EFCC and ICPC, but obviously, they have not been that effective, as corruption has spread faster than cancer under their watch. Our agencies need to be sent for courses with agencies like the BCI, to be trained. Some of the methods adopted by BCI are denying officials and their families any immunity from suit and legal process, effective investigation techniques, and the high level integrity of its staff. Secondly, Singapore adopted a ‘live within your means’ approach. In 1960, Singapore passed a law that allowed the consideration of the fact that an accused person was living above his means or having objects or properties that could clearly not be acquired on his income, as evidence of bribe. The burden of proof was then shifted from innocent to proven guilty to guilty to proven innocent. Most government officials in Nigeria live above their means, ostentatiously. In fact they live better than many successful business people. But it never caused the raising of any eyebrows talk less of investigation, until lately, the DSS stated that this was one of the reasons for the ‘sting’ operation it carried out against the Judiciary, as they had observed that some Judges were living lavishly.

"I GUESS THAT THE RATIONALE FOR THE LOWER RANKING WORKER BEING CORRUPT MAY BE THAT, ‘IF OUR LEADERS ARE ROBBING THE COUNTRY BLIND AND GETTING AWAY WITH IT, WHAT IS WRONG WITH ME GETTING A SMALL PIECE OF THE ACTION?’ AFTER ALL, THE MALAISE OF CORRUPTION AND ILL-GOTTEN GAINS SHOULD NOT BE THE PRESERVE OF HIGH RANKING OFFICIALS ALONE"

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com Thirdly, the salaries of government officials and Judges were increased. As the economy of Singapore began to improve, so did the workers’ salaries, so as to avoid the temptation to be corrupt. In Nigeria, apart from the Legislature being overpaid and certain top government officials having fantastic packages, majority of workers are underpaid, owed salaries over long periods of time, all over the country. Even most Judges are underpaid and overworked, especially in comparison to their colleagues in other parts of the world. This is a recipe for disaster. Fourthly, Lee Kuan Yew allowed for the formation of a vibrant, independent and objective media, where cases of corruption were widely reported. On the contrary, in Nigeria, the NJC does not even want the media to report on petitions against the Judiciary that they may be treating. It is obvious that whether it is the numerous anti-corruption laws that are in existence, or the system that before now, seemed reluctant to prosecute offenders to the fullest extent of the law, nothing has been an effective deterrent to corruption in Nigeria, as we can all see how, over the years, corruption has become rampant, done with much more impunity and zest. Suggestions, Please? People, it is time for us to start proffering solutions to the problems of corruption that are plaguing our country. Please, share your meaningful thoughts. Thank you. Is it possible to stamp out this cancer of corruption from Nigeria? What viable steps, like Lee Kuan Yew, can we take achieve this laudable goal? Should Nigeria promulgate a law that provides for the death penalty as the punishment for corruption, like in countries like China? Would the National Assembly even be favourably disposed to introducing such a bill? I think that if it can be done, this is the time to do so, as President Buhari would surely sign the bill into law!

4/LAW REPORT

06.12.2016

Death of Candidate: Does Running Mate Assume Position?

ho as between candidate(s) and the political party contests an election?

Facts Preceding the Kogi State gubernatorial election on November 21st, 2015, APC held primaries to choose its flag bearer. The late Prince Abubakar Audu and the second respondent – Yahaya Bello, emerged as the winner and first runner-up of the primaries, respectively. APC therefore nominated Prince Audu and his running mate – Hon. Abiodun Faleke (the appellant) and submitted their names to INEC (first respondent). At the close of the polls, the late Prince Audu/Faleke ticket was leading with 240,867 to the PDP's 199,248 votes. However, owing to some electoral malpractices discovered in 91 polling units, INEC relied on its Manual for Election Officials (updated version) by a Public Notice issued on November 22nd, 2016 to declare the election inconclusive, on the ground that the total number of registered voters in the disputed 91 polling units in question, amounting to 49,953 exceeded the margin of votes between the APC and the PDP, which was 41,353. Sadly, Prince Audu died before the conduct of supplementary election to determine the winner of the election. His demise was communicated to INEC by APC, further to which INEC requested that APC substitute the deceased with another candidate. APC substituted the deceased with the 2nd respondent, who was the first runner-up at the party’s primaries. The supplementary election was conducted and APC scored 6,885 , PDP 5,363. The votes were added to the previous scores of the parties and the second respondent was declared winner of the election and returned as the duly elected Governor of Kogi State. Before the conduct of the supplementary election however, the appellant had approached the Federal High Court vide an originating summons, seeking the interpretation of the provisions of sections 179(2)(a) & (b) and 181 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). He sought an order setting aside the declaration by INEC that the election was inconclusive, and an order that INEC makes a return of the concluded election as having been won by the joint ticket of late Prince Audu and himself, having scored the majority of lawful votes cast at the election, which votes constituted one quarter of the votes cast in each of the 21 Local Government Areas in the state. The respondents successfully raised objections challenging the jurisdiction of the court to adjudicate on the matter, in view of the provisions of section 285 of the Constitution and the suit was struck out by the Federal High Court, which held that the Election Tribunal was the appropriate forum for adjudication on the matter. After the supplementary election had held and the 2nd respondent returned by INEC as the Governor-elect, the appellant filed a petition before the Kogi State Governorship and States Houses of Assembly Election Tribunal. The petition was hinged on the construction of sections 179(2)(a) & (b) and 181 of the Constitution. The respondents, once more, raised preliminary objections to the competence of the petition, which objections the tribunal considered along with the petition. At the end of trial, the tribunal upheld the objections, but also went ahead to pronounce on the merits of the petition. The tribunal found that the petition lacked merit and dismissed same. Dissatisfied, the appellant appealed to the Court of Appeal, which also dismissed the appeal. The appellant further appealed to the Supreme Court. Issues for Determination The court adopted the four issues formulated by the second respondent, with slight modifications. “(1) Whether the court below was right when it held that the 1st respondent acted correctly in applying the guidelines in the Manual for Electoral Officers (updated version) to resolve the conundrum that had arisen on the November 21st, 2015 and in holding that the announcement of the election as inconclusive, is not contrary to sections 179(2) and 181(1) of the 1999 Constitution; (2) Whether the court below was right when it affirmed the decision of the Governorship Tribunal on the validity of the respondents' preliminary objections as it relates to the issues of subject-matter, jurisdiction, cause of action and non-joinder of the appellant’s political party; (3) Whether the court below was right in affirming the Tribunal’s decision that votes cast for the late Prince Audu and the appellant in the Governorship Election of November 21, 2015 were transferable to the 2nd respondent; and (4) Whether from the entire facts and circumstances leading to this appeal, the court below rightly affirmed the decision of the Tribunal to the effect that the petition was incompetent ab initio.” Submissions on Issues On issue one (considered along with issue three), the appellant submitted that the election held on 21/11/2015 was conclusive, with the ticket of late Prince Audu and himself scoring the majority of lawful votes cast. Thus, by virtue of section 179(2) of the 1999 Constitution and operation of section 181 thereof, he ought to have been sworn in as the Governor-elect following the demise of Prince Audu. The appellant contended that the lower court read into the provisions of section 181 what was not contained therein, by reading the word “return” into the section. For him, there was nothing in sections 179 and 181 that makes declaration or return, a condition precedent to the application of the sections. He posited further that election of a Governor and Deputy Governor is exclusively provided for in the Constitution and does not admit of any extra-constitutional legislation in the determination of “due election” of a Governor. He noted that even if the INEC Manual could have been relied on, it ought to have

K.M.O Kekere-Ekun JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 30th Day of September 2016 Before Their Lordships Nwali Sylvester Ngwuta Olukayode Ariwoola Musa Dattijo Muhammad Clara Bata Ogunbiyi Kudirat Motonmori Olatokunbo Kekere-Ekun John Inyang Okoro Amiru Sanusi Justices, Supreme Court SC.648/2016 Between Hon. James Abiodun Faleke.................. Appellant And 1. Independent National Electoral Commission (NEC) 2. Yahaya Bello ......Respondents

to matters within the exclusive jurisdiction of the Election Petition Tribunal, it was inappropriate for the respondents to raise objections to the jurisdiction of the tribunal. He submitted further that the lower court having found that the tribunal ignored the submissions on the issues of estoppel and res judicatam, ought to have set aside the judgment. He argued that the lower court raised the issue that estoppel is outside the jurisdiction of the tribunal suo motu and resolved same without hearing parties. He submitted that the issue is not an intra-party dispute necessitating the joinder of APC as a party, but an issue of law as to whether the second respondent satisfied the constitutional requirements to hold office as Governor of Kogi State. The first respondent on its part submitted that the appellant approached the Federal High Court seeking to be declared “governor elect” while the reliefs before the election tribunal centred on pre-election matters relating to nomination and sponsorship of the second respondent by the APC. It argued that the right of the appellant to fair hearing was not breached, in that jurisdiction of a court or tribunal is determined by the enabling Statute. It noted on the issue of failure to join the APC as a party to the petition, that APC was in the best position to inform the tribunal who its candidate was. For the second respondent, it was submitted that the lower court was right to affirm the decision of the tribunal on the preliminary objections because the complaints of the appellant regarding the disqualification of the 2nd respondent were not based on any aspect of section 182 of the Constitution. On issue four, the appellant contended that the lower court erred when it held that though the appellant had locus standi to file the petition, he could not claim any remedy. He asserted that he was a candidate at the election and thus, satisfied the condition for eligibility to present a petition. He submitted that section 138(1) of the Electoral Act does not preclude a member of the same party from bringing a petition. In its reply, the 1st respondent argued that in the absence of any pleading that the appellant contested the election as a governorship candidate of his party, the appellant was foreclosed from bringing a petition under section 138 of the Act. Counsel for the second respondent argued along the line of submissions of the first respondent.

Court’s judgment and rationale On the first issue, the court employed the legal definition of the word “return” in section 156 of the Electoral Act as “the declaration Judgment Delivered By Kudirat Motonmori Olatokunbo by a Returning Officer of a candidate in an election under this Act Keker-Ekun, JSC as being the winner of that election” to hold that sections 179(2) and 181(1) of the Constitution are not self-executing. The court held that there must be a declaration or return of a candidate as the winner been read and applied in conjunction with the Electoral Act, which of an election, before the sections become applicable and that to hold provides that only persons with permanent voters card (PVC) can otherwise would lead to anarchy. Since the deceased was not returned vote, since it is only people with PVCs in the disputed polling units as duly elected, there was no basis for the application of section 181 that should have been considered in reaching a determination as of the Constitution, which allows a Deputy-Governor elected with a to the margin between the leading candidates. He submitted that duly elected Governor to step into the Governor’s shoes. The court going by the decision of the lower court, the rights of the appellant held further that considering that the margin between the two front expired with that of the deceased; hence, going by section 181(2), runners at the election was less than the total number of registered fresh election ought to have been conducted as votes garnered by voters in the 91 affected polling units where elections were cancelled, the deceased expired with their candidacies and could not have been INEC was right to have declared the election inconclusive. Relying on appropriated to the 2nd respondent. section 221 of the Constitution and section 137(1) of the Electoral Act, The 1st respondent on its part submitted that INEC is the only body the court held that APC being the party that sponsored the appellant to determine when the requirements of section 179(2) have been met and and Prince Audu for the election and being the party which would it is only after such determination that the decision can be challenged be declared the winner in the event of their success at the polls, the in an election petition. Counsel for the 1st respondent argued that the said party has the legal interest in the votes cast on 21/11/2015 and return and declaration of a winner by INEC is fundamental and the was entitled to substitute a candidate of its choice to contest the court below rightly held that there being no return or declaration of election to conclusion. The situation would have been different if the a winner, the appellant cannot claim to have won the election along election of 21/11/2015 was conclusive and the appellant along with with the deceased. Counsel noted that the appellant’s submission the deceased declared and returned as the winner of the election. about taking cognisance of total number of voters with PVCs rather On issue two, the court held that it is the enabling statute (secthan the total number of registered voters is contrary to the provisions tion 285) that determines the jurisdiction of the tribunal and not the of the Manual. He submitted further that by virtue of section 33 of pronouncement of courts of co-ordinate jurisdiction. The law is quite the Electoral Act, the APC has the right to substitute its deceased settled that the nomination and sponsorship of a candidate at an candidate as a result of force majeure. election is within the internal affairs of a political party and therefore The 2nd respondent agreed with the decision of the lower court to not justiciable, except in the limited circumstances set out in section the effect that section 187(1) of the Constitution does not confer on the 87(9) of the Electoral Act where co-aspirant allege that the electoral appellant the status of a “candidate” and that being the deceased’s guidelines of the party or the provisions of the Electoral Act were running mate, he was inextricably tied to his umbilical cord. He not adhered to. Where as in this case, a candidate dies before the maintained that the candidacy of the appellant is inchoate and cannot election was concluded, the nomination and sponsorship of a suitable crystallise into a right to contest the election, unless and until there is a candidate to take his place must occur before the election proceeds. return and he could not have been duly elected in the circumstances. On the sub-issue of non-joinder of APC as a necessary party, the He opined that the provisions of the Manual relied on by INEC was court held that APC is a necessary party which is likely to be affected made pursuant to the constitution, and that it is the responsibility of by a decision in the matter and whose presence would assist the INEC to declare an election conclusive or otherwise. He submitted tribunal in effectively determining the dispute between parties. This that the key word in the provisions relied on by the appellant is is more so as it is the political party that contests an election though “duly elected” which makes due election a condition precedent to through its candidates. the operation of the section. Deciding the last issue, the court held that qualification of a candidate On issue two, the appellant contended that having successfully is within the jurisdiction of the Election Tribunal to determine and in challenged the jurisdiction of the Federal High Court in the first determining whether a person is qualified to contest under section 138 suit filed by the appellant on the ground that the complaints relate of the Electoral Act, resort must be had to the provisions of sections 177 and 182 of the Constitution. It was therefore incumbent on the appellant to establish by his pleadings and evidence that the second respondent was not qualified to contest the election. The onus was ".... SECTIONS 179(2) AND 181(1) OF THE CONSTITUTION on the appellant seeking declaratory reliefs to establish his case. ARE NOT SELF- EXECUTING. THERE MUST BE A DECLARATION The court resolved all the issues against the appellant and dismissed the appeal. OR RETURN OF A CANDIDATE AS THE WINNER OF AN Representation: ELECTION BEFORE THE SECTIONS BECOME APPLICABLE. For the Appellant: Chief Wole Olanipekun SAN with Chief Bolaji Ayorinde, I AGREE ENTIRELY WITH LEARNED SENIOR COUNSEL FOR SAN, Dele Adesina, SAN, A.J. Owonikoko, SAN, & 14 other Counsel THE 1ST RESPONDENT THAT TO HOLD OTHERWISE WOULD For the 1st Respondent: Dr. Alex Izinyon, SAN with Ahmed Raji, SAN, LEAD TO A SITUATION WHERE ANYONE COULD DECLARE & 21 other Counsel HIMSELF AS THE DEEMED WINNER OF AN ELECTION, WHICH For the 2nd Respondent: J.B. Daudu, SAN with A.M. Aliyu, SAN, & WOULD CERTAINLY LEAD TO ANARCHY. THE ELECTORATE IS 28 other Counsel ALSO ENTITLED TO HAVE THE RESULTS OF THE ELECTION Reported by Optimum Publishers Limited FORMALLY DECLARED BY AN UNBIASED UMPIRE" (Publishers of Nigerian Monthly Law Reports (NMLR)

06.12.2016

NEWS/5

CALL TO THE BAR Temitayo Ayorinde at his Call to the Nigerian Bar in Abuja last week, with his father Chief Bolaji Ayorinde SAN OFR, mother, Dr. Adeola Ayorinde and sister, Mosunmayo

R-L: Dr. Olisa Agbakoba SAN; his daughter, Amaka Agbakoba Onyejianya with her husband Tochukwu Onyejianya at Amaka's call to bar in Abuja on November 29, 2016

ICCN to Host Another Africa Regional Arbitration Conference Next Year

Stories by Akinwale Akintunde

Arising from the success recorded for hosting the 1st International Chamber of Commerce (ICC) Africa Regional Arbitration Conference in Lagos, early this year, the ICC Nigeria has been accorded the right to host the conference again in Nigeria come next year. Chairman, International Chamber of Commerce Nigeria (ICCN), Mr. Babatunde Savage disclosed this at the ICCN Dinner & Dance to commemorate the 80th anniversary of the ICC International Contract Terms (Incoterms®) Rules which were officially established in 1936. Mr. Savage in his Chairman's address at the event which held at the Main Auditorium of the Metropolitan Club, Victoria Island, said the next Africa Regional Arbitration Conference is scheduled to hold May 14-16, 2017. The 1st Africa Regional Arbitration Conference, which is one of the ICC global events, was held in Lagos at Eko Hotels & Suites on June 19-21, 2016

with the theme 'Arbitration and Africa: Prospects and Challenges'. According to ICCN Chairman, the three-day Arbitration Conference, which was declared open by Nigeria's Vice President, Professor Yemi Osinbajo SAN, ably represented by the Minister of Justice and Attorney-General of Federation, Abubakar Malami SAN, was a huge success having recorded 650 delegates/participants. Mr. Savage applauded ICCN Commission on Arbitration & ADR chaired by Professor Gabriel Olawoyin, SAN for successfully hosting the 1st ICC Africa Regional Arbitration Conference in Lagos. “In recognition of the unique role of ICC Nigeria, being the hub for the sub Saharan Africa and my good self as the Regional Coordinator, we had the opportunity of hosting one of the ICC global events this year." “l wish to express my profound gratitude for a successful event, to the ICCN Commission on Arbitration and ADR, chaired by Prof.

Gabriel Olawoyin, SAN, and also the Chairperson, Planning Committee, Mrs. Dorothy Udeme Ufot, SAN, as well as members of the planning committee for the incredibly hard work put in place to ensure the success of the conference. Permit me to also commend the work of Mrs. Funke Adekoya, SAN as one of the Vice Presidents of the International Court of Arbitration. “Arising from the success recorded during this Conference, ICC Nigeria has been accorded the hosting right for the event in 2017. The dates for the next year edition of the Conference are May 14-16, 2017. May I use this opportunity to solicit support for this laudable programme that has given us a platform to showcase the professionalism of our members and enlightenment on current topical issues", he stated. The Guest Speaker at the event, Professor Segun Ajibola, President/Chairman of Council, Chartered

Institute of Bankers of Nigeria, acknowledged the immense contributions of ICC in promoting international trade and investment and making it easier for business to operate internationally. Speaking on the topic ‘Impact Of Protective Policies On Non-Oil Exports and Imports - The Nigerian Experience (1986 TO DATE)’, Ajibola said that the economic history of Nigeria can be summed up in three words – potentials, promises and disappointments. According to him, the neglect of agriculture as a critical sector of the national economy, has had an unsavoury impact on employment, balance of payments and other macro economic variables of Nigeria over the years. He recommended that beyond the rhetoric, there is the need for government at all levels, to show strong commitment to the diversification of the Nigerian economy from oil, government should support the Small and Medium Sized Enterprises by providing the enabling environment for

business growth and production of goods and services, that would compete favourably in the global market and the need for continuity in policies’ implementation from one government to the other. It is no gainsaying, the fact that governance is a continuum. ment to the diversification of the Nigerian economy from oil, government should support

the Small and Medium Sized Enterprises by providing the enabling environment for business growth and production of goods and services that would compete favourably in the global market and the need for continuity in policies’ implementation from one government to the other. It is no gainsaying the fact that governance is a continuum.

EFCC to Re-Arraign Former Governor Ladoja, Aide The EFCC will on December 14th, 2016, re-arraign a former Governor of Oyo State, Senator Rashidi Ladoja and one of his aides, Chief Waheed Akanbi, before Justice Mohammed Idris of the Federal High Court, Lagos, over an alleged N4.7bn fraud,. The new date was fixed by Justice Idris on Friday, November

25th, 2016, following the ruling on an application by the EFCC, seeking for the issuance of a Bench Warrant against the two Defendants, for failing to appear before the Court to answer to their charges. The Court refused to make an order for their arrests, since the Defendants appeared in Court for the Ruling.

Customer Sues Ecobank for N50m over Violation of Human Rights A bank customer, Anthony Okpala has dragged Ecobank to court for allegedly infringing on his human rights. In suit No: ID/3532MFHR/16 filed against the bank at the Lagos State High Court, Ikeja through his lawyer, Okpala is claiming N50 million as damages. Okpala is a Lagos-based businessman and the Chief Executive Officer of Mashuchun International Ltd, which deals in the importation of electronics, building materials and assembling and installation of energy pre-paid meters. In a 29-paragraphed affidavit deposed to by Okpala, he stated that his travails with the bank started when he was invited to the Ikotun, Lagos, branch of the bank by one Mr. Agwu Olugu, the Resident Internal Control officer (RICO) of Ecobank for interrogation over N10m that was transferred

to his company’s Bank account by a customer, Mr. Rabiu Lawal. Okpala said he admitted to Olugu that there was such a transaction and it was done in good faith at the Ejigbo, Fadu, Lagos branch of the bank, in the presence of Mr. Oluwafemi Oladele, a staff of Ecobank, who is also the witness in the business agreement signed by both parties. Okpala added that he was taken in by the assurances of Mr. Oluwafemi, who in addition told him that he had been the account officer to Rabiu, right from the branch where the account was domiciled, before he was posted to Fadu branch, stating that he knew Rabiu very well. Apparently, satisfied with his explanation, the RICO, let him go but agreed to invite him any time their Complainant is available at the branch,

more so as his corporate and current accounts with the bank were still being run by himself and his company. Events however, took a turn for the worse, when bank officials with men described as policemen from Ikoyi Divisional Police Station, Lagos, stormed Okpala’s residential estate in the middle of the night, and harassed the residents. Fortunately for Okpala, that night, he was away on a business trip. According to a resident who pleaded anonymity, the men who stormed the area were hefty and armed and appeared in mufti. Their suspicious appearance and presence raised the doubt of the estate security men, who demanded to know their identity. The security men were unable to stop them from enter-

ing the estate, hence the men forced their way into Okpala’s compound. The raiders however claimed they were from Ikoyi Divisional Police Station, Lagos. The team said to have been headed by one Sgt Tope Ijatuyi and one Damian Oguiye, threatened to shoot anybody that obstructed them from effecting Okpala’s arrest. According to the anonymous resident, the invaders came in a Nissan Almera with registration No: LND 365 CW. Investigation shows that this invasion was in contravention of an earlier court order, restraining Ecobank and or its agents from harassing or arresting any person in the matter pending at the High Court. The Court bailiff had served the court processes in the suit filed by Okpala against the bank, to

Ecobank and Ikoyi Police Station. In the suit filed on June 9, 2016 by Obiora Umeh Esq, counsel to the applicant is seeking for the following:A declaration that the arrest and detention of the applicant at Ecobank Headquarters at Gbagada on Wednesday June 8, 2016 by other police men attached to Ikoyi Divisional Police Station is illegal, unlawful, unconstitutional and violates the fundamental and constitutional right of the applicant. An order of perpetual injunction restraining the respondents from further violation of the fundamental right of the applicant. N50m damages against the respondents, jointly and severally, for the unconstitutional arrest and detention of the applicant. Obiora Umeh in the course of the proceedings before the court, pointed out

that Ecobank consciously detained the applicant illegally. The police officers apparently ignored the court process served on them on June 9, 2016 and arrested and detained Okpala on August 11, 2016. Curiously at the Ikoyi Police Station (IPO), where Okpala was interrogated, Sgt. Damian Oguinye, told him that the amount was no longer N10 million, but over N14m, made up of another N4milion and N10,000 allegedly stolen by him from a woman, now deceased. In the course of investigation, Sgt. Damian Oguinye took a photograph of Okpala and Aghanenu with his mobile phone, and threatened to send the photograph to all the media houses for publication, if Okpala proved stubborn

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06.12.2016

Feb.14, Court to Hear Dethroned Orijeru of Igboyeland’s Application Akinwale Akintunde The Court of Appeal, Lagos Division, has fixed February 14, 2017 to hear an application filed by the dethroned Orijeru of Igboyeland, Epe, Oba Michael Gbadebo Onakoya, seeking to set aside the judgement of a Lagos High Court, which dethroned him in October, 2008. The Appeal Court, presided by Justices Tijani Abubakar, Biobele Abraham Georgewill and Jamilu Yammama Tukur, fixed the new date owing to the failure of the appellants to serve the seventh respondent the notice appeal. Justice Habeeb Abiru, then of Lagos High Court (now of the Court of Appeal) had in his judgement in suit no ID/1472/992, delivered on October 15, 2008, removed Onakoya as the Orijeru of Igboyeland, Epe. Other appellants in the matter are Chief Fatai Adewale Mustapha, Mr. Olu Adebanko, Chief Oladele Kadiri, Mr. Galibu Sanni, Chief Oluwole Okoye, Chief Safiriyu Bakare, Alhaji Tamiriyu Bello and Venerable M.O. Odunlami. The respondents are Chief Johnson Adenopo, Abebosipo Folorunso Ismaila, Alhaji Sikiru

Adesada, Lagos State Attorney-General, Lagos State Government, Tribunal of Enquiry into Chieftaincy Matters, Lagos State, Otunba A.I. Adebamowo, Chief Dauda Kadiri, Chief Gbenro Otunnowo and Mr. Taburaliyu Salam Hassan Adesada. Oba Onakoya, through his counsel, Mr. George Oguntade SAN, had filed two separate motions for a stay of execution of Justice Habeeb Abiru's judgement of 2008, and setting aside of the deposition letter issued by the Lagos State Government on May 17, 2016. The dethroned monarch, in his appeal is seeking an order of injunction “staying and suspending the enforcement in any manner, of all or any of the declaratory and injunctive orders” contained in Justice Abiru's judgement of October 15, 2008. At the sitting of the court of appeal last Tuesday, counsel to the appellants, Mr. Oluwakorede Adeboye, could not give a credible explanation as to why one of the respondents was not served. The respondents were represented by Mr. Trimidhi Dairo, for the 8th to 10th respondents while Mr. Muheeb Abdulfatai represented the

State Attorney-General. Justice Abubakar ordered the appellants to ensure service on all respondents listed in their application, and fixed the new date for the suit. In a similar development, the embattled monarch, Oba Onakoya, through his counsel, Mr. Babatunde Oshilaja had filed another motion for stay of execution of the judgement of Justice Iyabo Kasali delivered in April this year, which dethroned him as Orijeru of Igboyeland, Epe, Lagos State, the second time, and setting aside of the deposition and banishment letter issued by the Lagos State Government on May 17, 2016. In order to prevent any breakdown of law, the Lagos State Government had issued a letter banishing the dethroned Oba from the community, based on three petitions submitted by members of the Ewade Ruling House through their counsel, Mr. Dairo, dated March 9, April 22, and April 28, 2016 respectively. The petitions were submitted to the State Governor, the Attorney-General and Commissioner for Justice and the Commissioner

CUSTOMER SUES ECOBANK FOR N50M OVER VIOLATION OF HUMAN RIGHTS and did not comply with his demand for money. He actually through the Ikoyi Police Division, maliciously published the photograph of Okpala and one Ikechukwu Aghanenu, a senior Ecobank staff for alleged fraud on August 12, 2016. Taken aback by this development, Okpala in a statement insisted that the said N4 million was payment made to his company by a customer that bought fire well cooking stoves, brand 641, for which the duplicates of the sales receipts are available. In addition, he claimed that Sgt. Damian Oguinye and Inspector Rohdar Bartholomew, forcefully collected the sum of N400,000.00 from him, with the ostensible aim of recovering his alleged debt to Ecobank. In the process, he

claimed, the police destroyed his blackberry phone and hand bag. Okpala said that he has never denied receiving any money, but insisted that Ecobank should provide their complainant to make his statement to confirm or deny the transaction, rather than resort to strong arm tactics to rubbish his reputation as an astute businessman. When contacted on the phone, Ikechukwu Aghanenu, the bank senior staff whose photograph was published alongside Okpala, said that he is a victim of circumstance, as he was never brought before the bank disciplinary committee to defend his involvement and face possible sanctions, but was instead suspended indefinitely, insisting that there

for Local Government and Community Affairs, Lagos State, complaining that the deposed Oba Onakoya continued to parade himself as the Orijeru of Igboyeland, contrary to and in disobedience to the judgements of the two courts. The petitioners had sought for the withdrawal of the official recognition and all benefits associated with the stool, from the deposed Oba Michael Gbadebo Onakoya, as the Orijeru of Igboyeland, based on the judgement delivered by Justice Abiru on October 15, 2008 in suit No. ID/1472/92 and the recent judgement of Justice Kasali, delivered on April 19, 2016. At the resumed sitting of the case before Justice Iyabo Kasali, the Ewade Ruling House was represented by Mr. Dairo while the Head of Ewade Ruling House, Otunba A. I. MusaAdebamowo was represented by Mr. Babs Animashaun. Justice Kasali however, struck out the monarch's application and all other pending applications in the matter. The trial judge said her decision was based on the appeal filed by the deposed monarch, at the court of appeal.

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is more to the case than meets the eye. “In fact, I have more to tell. The transaction was normal, I didn’t see any fraud, the customer was in the branch physically, at Ecobank Fadu branch. I was pushed out of office while I have a role to play in recovering the money, if actually the customer that instigated the transfer denied being at the bank physically, on the date the transaction was made. It is as if there is something some people are hiding for me, if not they wouldn’t have pushed me out of office and charged to court, without me facing a panel at the headquarters.” In his statement to the police, Mr. Adetunji Adedeji, said that the said Rabiu claimed to have left Nigeria since 2011, his account

was operated sometime in 2013 and in 2015, which made him phone the bank and send a massage through customer service, that he was not the one that instructed and authorised the bank to transfer the money to the beneficiary account, that Ecobank staff, Mr. Ikechukwu Aghanenu instructed that Rabiu’s email address should be changed. He also mentioned the N4 million from a deceased investor, though he said there was no complaint about it, but when the bank was scrutinising Okpala’s company account, they noticed this transfer and that was the reason why it was included in the case against the latter.

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Legal Personality of the Week Lukman Oluseyi Agbelu

‘Sustain the Passion to Stay on Course’ My name is Lukman Oluseyi Agbelu. I attended International Women Society Nursery School, Yaba and Pampers Private Primary School, Surulere, both in Lagos. I had my secondary school education at Federal Government College, Ogbomoso, Oyo State. I obtained my LL.B (Hons) from Olabisi Onabanjo University, Ago-Iwoye, Ogun State and subsequently, I was called to the Nigerian Bar. I "cut my teeth" in the legal profession at Chief F. A. O. Yusuf & Co., and as a Junior Partner in Dada, Odesanya & Co. Law Office, before I established my own practice in 2013. Have you had any challenges in your career as a lawyer and if so what were the main challenges? I have had my fair share of challenges in the legal profession, however, the main challenge has been the issue of poor fees. It is my belief that, legal education in Nigeria is lacking in the area of equipping a new wig on how to charge and secure fees from clients. If you look at the way Doctors are trained they appear better equipped in the area of recovery of their fees as professionals. To date, I am still not very good at charging clients professional fees. What was your worst day as a lawyer? My worst day as a Lawyer happened during a matter which I handled a few years back. We went to levy execution of a judgment obtained at the High Court, and we were able to ensure that the Defendant

Lukman Oluseyi Agbelu

was evicted from the house he built on my Client's land. During the execution, a very senior Lawyer who was acting for the Defendant, came to plead with us and promised to meet me at the office to see how we could resolve the matter. Unknown to us, at the same time, they were preparing court processes to have the execution set aside. The execution was eventually set aside about a year later, and at the end of it all, I had learnt some very hard lessons.

What was your most memorable experience? I was just about three months at the bar, when I had my most memorable experience as a Lawyer. It was a fundamental rights matter, and the Judge was ready to grant me interim reliefs, not proceed with the substantive matter. However, during the proceedings, I had asked other senior Lawyers about their impression of the Judge and the information given to me by a particular Counsel, was the most valuable. He informed me that he had known the Judge since he was a Magistrate, and that all I needed to do was to stand my ground. I did as I was told, by insisting that my substantive case was ripe for hearing and at the end of the day, I earned the respect of the Judge, other Lawyers in court and even the Court Registrars, but the most important thing was that, I had set a record for myself that I have not been able to break many years after. I completed the case in 2months. Who has been most influential in your life? The most influential person in my life would be my father, but my Uncle shaped my life as a Lawyer. In fact my decision to become a Lawyer was made when I was just four years old, during my Uncle's call to bar. Till date, he has been my Guardian Angel in the profession, without whom I would have gone astray. Why did you become a lawyer?

As I said earlier, I made the decision to become a Lawyer when I was just four years old, but that was when I was a child who did not know the importance of the decision being made. As I grew older I realised that I had a duty to people who did not have the benefit of the opportunities and kindness that I received as a child, and I felt the urge to stand for people who could not speak for themselves. I always tell people that the only place I feel that I can say anything is in the courtroom, and I will be heard. What would your advice be to anyone wanting a career in law? I would advice anyone who wants to be a Lawyer to ensure that he or she can sustain the passion, otherwise, it may be impossible to stay on course. It is a journey that is not always rewarding in financial terms, but very rewarding in terms of human capital and resources. If you had not become a lawyer, what would you have chosen? If I had not become a Lawyer, I would have become an Islamic Scholar. I believe we can find immense knowledge in the holy books. Where do you see yourself in ten years? In the next ten years, I seek God's favour in all my endeavours and I pray that I am at the pinnacle of the Legal profession, using it to assist as many people as I can.

06.12.2016

Nigeriaâ&#x20AC;&#x2122;s Anti-Torture Coalition Presents Draft Bill to National Assembly Jude Igbanoi attended the last Roundtable meeting held by Nigerian Civil Society organisations to fine-tune the draft bill on Anti-Torture. The meeting which took place on November 28 - 29 in Abuja culminated in the presentation of the draft bill to Hon Yisa Orker-Jev, the Chairman, House of Representatives Committee on Rules and Ethics

he perennial problem of torture by Nigerian security agencies will soon be eradicated if the National Assembly passes a Bill drafted by the Nigerian Coalition on Anti-Torture, which was presented to the National Assembly last Wednesday in Abuja. The Bill is a product of the joint efforts of over ten civil society organisations in Nigeria, which have continuously pushed to have a legislation outlawing torture in all facets of the Nigerian society. Nigerian Civil Society organisations, initiators of the Bill have had a series of workshops and interactive sessions with stakeholders since 1999, and the last Roundtable meeting to fine-tune the Bill was held at the Reiz Continental Hotel in Abuja from November 28-29, culminating in the final document, which was presented to the National Assembly on Wednesday, November 30, 2016. Technical Assistance and Support was also provided by the Nigerian Law Reform Commission and National Human Rights Commission. Receiving the Draft Bill from the representatives of the Coalition led by the Executive Secretary of the National Human Rights Commission, Prof. Bem Angwe, the Chairman, House of Representatives Committee on Rules and Ethics, Hon. Emmanuel Yisa Orker-Jev, thanked the tireless and relentless efforts of the civil society organisations, who persevered for many years to ensure the Draft Bill was perfected. Hon. Orker-Jev said "I am humbled with this confidence you repose in me, to help push this Bill through, and I give you my word that I will do my very best to ensure that this piece of legislation sees the light of day". "I have gone through the Draft Bill and I am convinced that Nigeria needs this law at this point in our development". Orker-Jev is on record to have helped worked tirelessly to see the passage of the amendment of the Police Act, which is has just gone through the second reading. The Roundtable which was convened by Legal Resources Consortium, was moderated by the former AttorneyGeneral of Ekiti State, Mr. Olawale Fapohunda, with sponsorship from the United Nations Office on Drugs and Crime and the National Human Rights Commission. At the plenary session, the Executive Director of Administration of the Nigerian Bar Association, Mrs. Ifueko Alufohai noted that torture is very rampant in police stations and that it is now a routine practice in the various security organisations. Alufohai further noted that torture also takes place outside of police stations, in homes, between spouses, and in the work place. She urged Nigeria to respect, ratify and possibly domesticate the various international treaties and agreements on torture and other inhuman practices. The Draft Bill which comes in Two Schedules , Eight Parts and Sixteen Sections seeks to Prevent, Prohibit and Penalise Acts of Torture, Cruel, Inhuman

L-R: Olawale Fapohunda, Managing Partner, Legal Resources Consortium looking on, Professor Bem Angwe, Executive Secretary, National Human Rights Commission handing draft bill to Honourable Yisa Orker-Jev Emmanuel, Chairman House Committee on Rules and Business

Representative of Kefas Magaji, Chairman, Law Reform Commission, Olawale Fapohunda, Managing Partner, Legal Resources Consortium, Ifueko Alufohai, Executive Director, Nigerian Bar Association

Members of the Working group on the Anti-Torture Legislation

and Degrading Treatment or Punishment and for Other Related Matters. When passed, the Act will give effect, in accordance with Section 34 of the 1999 Constitution of the Federal Republic of Nigeria ( as amended), with respect to inhuman treatment and the dignity of the human person. The Bill clearly points out what constitutes torture, circumstances aggravating torture, cruel, inhuman or degrading treatment or punishment, offences and penalties and innovatively makes provisions for the right to reparation. It creates avenues and procedures to complain, and how criminal proceedings can be instituted against offenders and further empowers the AttorneyGeneral and the National Human Rights Commission to institute such criminal proceedings. In Section 9, the law provides for the inadmissibility of any evidence or information obtained by torture, and for Annual Publication of all reported cases of torture. For the effectiveness of the Bill, the coalition also proposed and came up with draft bills for the reform of the Nigerian Police and Nigerian Prisons, being ancillary institutions that the Act would impact.

"THE PERENNIAL PROBLEM OF TORTURE BY NIGERIAN SECURITY AGENCIES WILL SOON BE ERADICATED IF THE NATIONAL ASSEMBLY PASSES A BILL DRAFTED BY THE NIGERIAN COALITION ON ANTI-TORTURE, WHICH WAS PRESENTED TO THE NATIONAL ASSEMBLY LAST WEDNESDAY IN ABUJA"

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Obi, God Loves You More.....Goodnight Obi Okwusogu SAN, much loved by so many lawyers, former General Secretary of the NBA, intelligent, cheerful, pleasant, with his distinctive grey hair, went to be with the Lord. Kunle Uthman and Antonio Atata pay tribute to him. Obi, may your lovely soul rest in peace

he sad news of the demise of Obi Okwusogu SAN hit the legal community like a thunderbolt, akin to the striking of Sango (the God of Thunder) in Yoruba mythology, in a violent thunderstorm. The resonating sound and resultant effect would be monumental destruction, comparable to what we now refer to as a "tsunami" with catastrophic consequences. The reason why even the Gods wailed and wept can only be ascribed to the fact that Obi Okwusogu epitomised the qualities and attributes of a lawyer who loved, relished and practiced the profession of law, with humility, fairness and firm Christian values of the fear of God and knowledge that there is something good in every human being. Obi would never ever denigrate anyone and his was the Jeremy Bentham Jurisprudential epitomisation of "the greatest happiness of the greatest number". Therefore, the Gods Are Not To Blame (Ola Rotimi). Does it mean that Obi would not be seen at future National Executive Committee meetings of the NBA? Does it mean that he won't come into social gatherings with Uju his heartthrob, whom he loved and adored till he breathed his last? Obi was a ladies man with good intentions. He had soothing words for them and they all enjoyed and relished those flattering accolades. He was also a People's man and a good advocate from the Harry Lardner stable, where he served his pupillage with Mike Igbokwe SAN, Tony Idigbe SAN, Kunle Fasanu SAN and others. Obi was trained in the best tradition of the Bar by a Master of the Trade. He belonged to "the old school" and his white natural wig conveyed the erroneous impression that he was an old man, which he was not. Obi Okwusogu served the Nigerian Bar Association as its General Secretary soon after the Port Harcourt imbroglio of 1992. He along with others midwifed a rejuvenated Bar Association. Their noble desire was to create an association devoid of political meddlesomeness and a courageous Bar leadership. It is true that he was not happy with the way matters have turned out in legal practice and the present public perception of lawyers and Judges. Verifiable criminal allegations of the prominent Bar leaders; complicity in criminal scandals; collusion between the Bar and the Bench to pervert the cause of Justice and arraignment of a Justice of the Supreme Court for corruption and the "Augean Stable" ominous stench that oozes from the dungeons, that has denigrated legal practice in the most recent past. These are troubling times, and the greed of a few of us has destroyed what our forefathers built through a hundred years. Obi Okwusogu would never compromise standards. He lived a modest life with his family and personified the attributes of a good father and husband. He was a detribalised Nigerian, who had friends in all the nooks and crannies of this country. He spoke Igbo and Yoruba very fluently, and if not for his name, he could easily have been taken as a Yoruba man. He spoke Queen's English without the heavy African accent. He was proud of his heritage and often described himself as "an Onitsha Boy". He valued people irrespective of their religion. His Muslim friends include, Aminu Tambuwal, present Governor of Sokoto State, Bashir Dalhatu (Walin Dutse), A B Mahmood SAN, Kabiru Turaki SAN, Mallam Yusuf Ali SAN, Lawal Rabana SAN, Garba Tetengi SAN, Prof. Wahab Egbewole, Adamu Audie Esq. and other adherents of the Islamic faith. Obi and Uju along with Emeka Ngige SAN and his wife, usually came to my residence to eat ram and "jollificate" with my family and I during the Eid-elKabir festivals. He was a good man, a loyal friend and a very good lawyer. Death where is thy sting? Recall, "Life is but a walking shadow, a poor player that struts and frets his hour upon the stage until he is heard no more. It (death) is like a tale told by an idiot, full of sound and fury signifying nothing" - Shakespeare. To die is certain. The question is, "How would we be

his is not a short story; it is a tribute to a good man whose life cannot be reduced to a few lines even by the best of flash fiction authors. Last week, my world stood still and perhaps that of thousands of other lawyers who knew him. He was a good man. He was humble. He had the humility that was scarce among his peers who had his title. He was distinguished. He was so gentle and elements were so mixed in him that nature will stand up and say, this was a man. My first close contact with him was in the first week of July 2009 at the bar centre of the Nigerian Bar Association, Lagos branch, then in Court of Appeal, Lagos. He was the chairman of the election committee. I was attending a meeting of all contestants in the election. I was not contesting, I was there to represent Chijioke Okoli (now SAN) who was running for Chairman, but couldn’t make it to the meeting. In that meeting, which I consider the most significant meeting in my career as a lawyer, I met two other people who would influence my life positively in the coming years. I met Mr. Taiwo Obayomi Taiwo as he then was, now Justice Taiwo O Taiwo, who was also running for Chairman. I met Mrs. Olufunmi Oluyede, who was running for second vice. From the first day I introduced myself to Obi Okwusogu, my name never left his lips, he called my surname musically any time he saw me. He made jokes about me being the tallest Ngwa man. It continued like that until the last time I saw him at the beginning of the new legal year, where I took his pictures.

remembered when we take the final bow and exit this world of sin and tribulations? What legacies would we leave for our children in particular and humanity at large?". Obi lived a good life. He travelled far and wide and can properly be described as "A Man Of All Seasons". He did not drink or smoke, and was not a womaniser. He epitomised optimal Christian values and worshipped God with total commitment and I suspect he is presently with the Archangels in Paradise. He, Obi was the protagonist in "Julius Caesar", one of Shakespeare's trilogy, where he William Shakespeare stated thus, "Cowards die many times before their death, the valiant never taste of death but once. Of all the wonders that I yet have heard, it seems to me most strange that men should fear, seeing that death is a necessary end, it will come, when it will come". When death came, he was prepared because he lived a good life with the fear of God. Adieu, Obi Okusogwu SAN. We are already missing you and will continue to miss you. We are comforted with the memories of the good times we spent in the Lagos Bar, at NEC meetings and at the Annual Conferences of the International Bar Association. We acknowledge the important role that you played after the 1992 aborted Port-Harcourt Conference to resuscitate the NBA. You were incorruptible and was comfortable among your contemporaries, including Judges and Justices of the Superior Courts of records. Please, be comforted that the Bar and Bench will emerge from the present "ominous state of disrepute", a better and stronger Bar and Bench. You were a man of integrity who was happy with legitimate earnings. In reality, you benchmark excellence in the Bar and in legal practice. While we wait for the Funeral plans to be rolled out, we pray that Almighty God, whom you held steadfastly to in your lifetime, will comfort your wife, children and the members of the Okwusogu family. May He also comfort all your lawyer friends with whom you interfaced in your lifetime and made indelible marks of cherished memories. You were a good man. May your soul rest in perfect peace. In Islam, we would say, "Inna lilahi wa inna illahi rajiuna" : "from Allah we came, and to Allah we shall return". May He grant you a place in Paradise. Adieu dear big brother and friend. Chineke nalu mkpulu Obi gi na ndokwa. May your soul Rest In Peace. Amen. Obi kachi foo. Goodnight Obi. Chief Kunle Uthman, Legal Practitioner, Lagos

"DEATH WHERE IS THY STING? RECALL, "LIFE IS BUT A WALKING SHADOW, A POOR PLAYER THAT STRUTS AND FRETS HIS HOUR UPON THE STAGE UNTIL HE IS HEARD NO MORE. IT (DEATH) IS LIKE A TALE TOLD BY AN IDIOT, FULL OF SOUND AND FURY SIGNIFYING NOTHING" SHAKESPEARE. TO DIE IS CERTAIN. THE QUESTION IS, "HOW WOULD WE BE REMEMBERED WHEN WE TAKE THE FINAL BOW AND EXIT THIS WORLD OF SIN AND TRIBULATIONS? WHAT LEGACIES WOULD WE LEAVE FOR OUR CHILDREN IN PARTICULAR AND HUMANITY AT LARGE?"

The late Obi Okwusogu SAN

The Tribute Begins Here Two months before our first meeting, I had made a rascally decision that almost got me bankrupt. I started a publication called Courtroom mail which I published and distributed free of charge. Months later, I was struggling with thoughts of giving up (since all my earnings as a young lawyer were going into this project), when I met him at the Federal High Court in Ikoyi, Lagos. I still remember that meeting vividly, I had a matter before Justice Binta Nyako. I dropped my wig and gown and ran off to distribute copies of courtroom mail in the other court rooms, when I saw him coming in the opposite direction. That edition of courtroom mail was supposed to be the last. I was burnt out. I had given up. My last desire was to make sure I distributed the three thousand copies as much as I could. I was emotionally charged that morning, knowing that my failure will begin the moment I gave out the last copy. I walked pass him murmuring greetings, not out of disrespect but out of the conviction that he will not recognise me. ATATA! He shouted, I froze and it dawned on me that I had goofed. The tallest Ngwa man! He continued cheerfully. I greeted him and he started talking in a smooth beautiful Onitsha dialect. Suddenly, he stopped and stared at me for a few seconds. I felt his gaze pierce through the facade on my face which pretended to be happy. He might have seen my soul. He held me and led me to a quiet corner of the court and we got talking. He brought up the issue of my writing and praised it. I knew he was just laying a foundation to get close to what he saw beyond my weak smiles. I was raised the African way and in Africa, men don’t cry. I resisted all his attempts to get close to that soft spot. He was trying to get to somewhere I knew I needed someone to get to. I spoke with a dramatic confidence

"HE WAS A GOOD MAN. HE WAS HUMBLE. HE HAD THE HUMILITY THAT WAS SCARCE AMONG HIS PEERS WHO HAD HIS TITLE. HE WAS DISTINGUISHED. HE WAS SO GENTLE AND ELEMENTS WERE SO MIXED IN HIM THAT NATURE WILL STAND UP AND SAY, THIS WAS A MAN"

which I struggled to put up. His smiles were not difficult to interprete. He was seeing my nakedness with the eyes of an elder. I am an avid fan of hip hop . In hip hop, I picked up a lot of life’s lessons .One of them says that you should never get emotional with your hustling, whether you fail or succeed. It was obvious that I was headed for failure that day, it was just a matter of hours; I was not ready to break that rule. I never succumbed to his enquiries, but that edition which was supposed to be the last one didn’t become the last one after that second meeting. We met other people along the way who vulcanised us (courtroom mail) to life and inflated us with the strength to keep walking. Until now, we are yet to publish the last edition and wouldn’t publish the last in the nearest future. He died the week we were promoting courtroom mail in East Africa. He was a good man. In 2011, I became the assistant Publicity Secretary of the NBA, Lagos Branch. In one of the monthly meetings of the branch, he pulled me aside and gave me a short summary of his days of service as the Secretary of the Nigerian Bar Association National. He told me what to expect. I expected all and experienced all he told me. I saw wisdom in him. His grey hair was distinguished. I prayed for it and God answered me sooner than I had planned. After serving in the EXCO of the NBA , Lagos in 2013,I decided to step aside. He noticed and asked me why I made that decision to step aside. I explained, and he understood perfectly, as if he already knew. He encouraged me when I flirted with the idea of contesting an election in my state. He was a good man. Two years ago, I approached him to write his biography, he gave me some hard copies of his photographs, and was particularly concerned about me not writing anything that would constitute an advert. I still have those photos, though we never found the time to sit down and put it together. In 2012, Courtroom mail listed the nominees for the Lawyer of the Year, he made the list. He qualified to. His contributions to the legal profession were outstanding. He gave hope and a sense of belonging to younger lawyers. Obi Clement Okwusogu SAN was indeed a good man. May his soul rest in peace. Antonio Dasuki Atata, Legal Practitioner, Former Communication Officer, African Regional Forum, International Bar Association

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Fraudulent Trading Rule: Asset Recovery Mechanism in Winding-Up Proceedings Kubi Udofia focuses on civil liability for Fraudulent Trading, particularly examining the efficacy of the Fraudulent Trading Rule as an asset recovery mechanism

Introduction n insolvency-driven winding-up proceedings, the debtor’s assets are usually insufficient to satisfy the demands of creditors. Nigeria’s insolvency law regime provides certain statutory mechanisms for the recovery or preservation of assets, for the benefit of creditors. One of such mechanisms is the fraudulent trading rule. A person will be liable for fraudulent trading if, in the course of winding-up a company, it is shown that he had knowingly been a party to carrying on of any business of the company in a reckless manner, or with intent to defraud creditors of the company, or creditors of any other person or for any fraudulent purpose: Section 506 (1) of the Companies and Allied Matters Act, 2004 (CAMA). The fraudulent trading rule is not a solely criminal principle as the moniker may suggest. Where a person is liable for trading in a reckless manner, only civil liability will be incurred: section 506(1). A finding of the requisite fraudulent intent or purpose, will give rise to both civil and criminal liability: sections 506(1) and (3). Civil Liability for Fraudulent Trading It is not a civil wrong to trade when a company is factually insolvent. However, civil liability may be incurred, when the company’s business is knowingly carried out in a reckless manner. Civil liability may also be incurred when the company’s business is knowingly carried out with intent to defraud creditors or for a fraudulent purpose. The civil liability for fraudulent trading is limitless. Accordingly, CAMA vests courts with the discretion to order the culpable party to pay any or all the debts of the company. CAMA does not require a connection between the losses incurred by an insolvent company from fraudulent trading and the amount a court may impose as liability. It is arguable that the objective of civil liability for fraudulent trading depends on the order of court. Where a court orders for payment of a specified debt which is strictly linked to the activity of the culpable party, it is compensatory. In contrast, where liability is not attributed to any specific debt incurred as a result of the activity of the culpable party, it is clearly punitive. The Timing of the Fraudulent Trading and Its Discovery Two issues in relation to the timing of fraudulent trading will be examined here, namely (i) the timing of the discovery of the fraudulent trading and (ii) the timing of the fraudulent trading. In relation to (i), s. 506(1) of CAMA provides that the fraudulent trading must be shown in the course of winding-up of the company. This presupposes that liability will be incurred only if a finding is made while the company is being wound-up. This is correct for civil liability, but not entirely correct where criminal liability is sought. Section 561 of CAMA extends the application of criminal penalties imposed for fraudulent trading under section 506(3) to cases where fraudulent trading is discovered outside winding-up proceedings. It is not clear why civil liability has been omitted under section 561 of CAMA. Extending civil liability for fraudulent trading beyond winding-up proceedings, could potentially aid in transforming factually insolvent firms to viability. Limiting recoveries to winding-up

proceedings means that where companies have been bailed-out, culpable parties will never incur civil liability for fraudulent trading considering that winding-up proceedings is a necessary condition for a civil claim. In the alternative, actions for negligence or breach of duty may lie against officers of a company. In relation to (ii), section 506 does not disclose when fraudulent trading should have been done to attract liability. There is no time frame/ limitation on fraudulent trading. It is arguable that liability for fraudulent trading will be incurred where it is done at any time during the life of a company. Indeed, the dragnet can be widened to cover fraudulent trading which had been halted prior to winding-up proceedings. This approach is premised on two grounds. First, there is no limitation as to the timing of fraudulent trading. Second, there is no requirement to show that the fraudulent trading was either a contributing factor to, or the sole cause of, the company’s insolvency. Knowledge (of Recklessness or Intent to Defraud) Liability for fraudulent trading requires proof that a person was knowingly party to carrying on the company’s business in a reckless manner, or with the requisite intent to defraud. An objective test is applied for knowledge. A person will be assessed based on the general knowledge, skill and experience that would reasonably be expected of a person in his position. Based on the objective test, knowledge may be actual or imputed. Imputed knowledge includes a “blind-eye knowledge.” Blind eye knowledge requires a suspicion that the relevant facts exist and a deliberate decision to avoid confirming that they exist: Manifest Shipping Co Ltd v Uni-Polaris Co

Ltd (2003) 1 AC 469. For instance, knowledge will be imputed where a person declines to ask questions, when the only possible reason for not doing so, was an actual appreciation that the answers to the questions would disclose the existence of fraud or recklessness. Carrying on Business In A Reckless Manner Where, in the course of winding-up, it is shown that the business of the company has been knowingly carried out in a reckless manner, culpable persons will incur civil liability. Establishing recklessness requires proof on the preponderance of evidence considering the absence of any allegation of crime. Accordingly, the use of the prefix “fraudulent” in describing the carrying on of a company’s business in a reckless manner is a misnomer, given the absence of fraud. The rule against reckless trading is aimed at apparent recklessness, which may be due to naivety or bad judgment (but without any intent to defraud). Under the United Kingdom’s insolvency regime, the civil wrong of reckless trading is separated from fraudulent trading and classified as wrongful trading: sections 213 and 214 of the Insolvency Act 1986. In Ireland, there is a distinct civil claim categorised as “reckless trading”: section 297A of Companies Act 1963. Carrying on Business with Intent to Defraud or for Fraudulent Purpose Civil (and criminal) liability may be incurred where a person is party to carrying on of a company’s business with the intent to defraud creditors of the company or any other creditor or for a fraudulent purpose. The word “defraud” and the phrase “fraudulent purpose” connote actual dishonesty involving real moral blame: Re Patrick & Lyon Ltd (1933) Ch 786, 790. In R v Grantham (1984) 1 QB 675, Lord Lane

"NIGERIA’S INSOLVENCY LAW REGIME PROVIDES CERTAIN STATUTORY MECHANISMS FOR THE RECOVERY OR PRESERVATION OF ASSETS, FOR THE BENEFIT OF CREDITORS. ONE OF SUCH MECHANISMS IS THE FRAUDULENT TRADING RULE. A PERSON WILL BE LIABLE FOR FRAUDULENT TRADING IF, IN THE COURSE OF WINDING-UP A COMPANY, IT IS SHOWN THAT HE HAD KNOWINGLY BEEN A PARTY TO CARRYING ON OF ANY BUSINESS OF THE COMPANY, IN A RECKLESS MANNER, OR WITH INTENT TO DEFRAUD CREDITORS OF THE COMPANY, OR CREDITORS OF ANY OTHER PERSON OR FOR ANY FRAUDULENT PURPOSE"

CJ stated that intent to defraud would be established where one knew he is stepping beyond the bounds of what ordinary decent people engaged in business, would regard as honest. This objective test recognises that persons may undertake risky transactions with the intention of saving ailing companies. It is only where such risks are taken dishonestly, that liability will arise. The high standard of proof required for proving intent to defraud or fraudulent purpose may discourage liquidators from adopting this route to effect recoveries. The law is trite that an allegation of fraud connotes commission of crime, and must be proved beyond reasonable doubt: Ramada Int’l & Pharm Ltd v Ezeonu & 2 Ors (2016) 14 NWLR (Pt 1533) 339, 356B-C. Persons Who Can Be Liable for Fraudulent Trading Liability for fraudulent trading is not limited to officers and members of companies. Section 506(1) of CAMA defines the scope of liability to cover “parties to the carrying on of business.” In Re Augustus Barnett & Sons Ltd (1986) 2 BCC 98,9094, 98,907 it was held that the words “persons ... party to” may be wide enough to cover outsiders who could not be said to have carried on or even assisted the carrying on of the company’s business, but who nevertheless in some way, participated in the fraudulent (or reckless) acts. Accordingly, an outsider who is knowingly party to carrying on of the company’s business in a reckless manner or with the requisite fraudulent intent/purpose may incur liability. In In Re Gerald Cooper Chemicals Ltd (1978) 1 Ch 262, a creditor who accepted, as part repayment of a debt owed by an insolvent company, money which he knew had been obtained by fraud on another company, was held liable. The insolvent company had received the money as advance payment for supply of products, even when there was no prospect or intention of supplying same or refunding the money. Conclusion A breach of the fraudulent trading rule provides one of the few instances where the corporate veil can be pierced to identify abusers of the limited liability principle. Where properly used, the rule can serve as a viable asset-recovery mechanism, ameliorating the pains which formal insolvency proceedings, inflict on unsecured creditors. Dr Kubi Udofia, Legal Practitioner, Corporate Insolvency Law Expert, Senior Associate at Fidelis Oditah & Co.

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On Monday November 28, 2016, an Evening of Tributes was held in honour of the late Sir Olaniwun Ajayi at the Civic Centre, Victoria Island, Lagos. Here are some of the eminent personalities that attended the event

Children Sir Olaniwun Ajayi, L-R: Dr. Konyinsola Ajayi SAN, Dr. (Mrs.) Dara Odubogun, Dr. Ola Ayayi and Mrs. Yimika Phillips

) L-R: Her Excellency, Deputy-Governor of Lagos State Dr. (Mrs.) Oluranti Adebule, a Guest and His Royal Highness, the Emir of Kano, Emir Muhammadu Sanusi II

L-R: Mrs. Obi Ezekwesili, the Emir of Kano and Dr. Konyin Ajayi SAN

L-R: Alhaji Aliko Dangote, Mr. Jim Ovia and Mrs. Obi Ezekwesili

His Excellency, Governor of Kaduna State, Alhaji Nasiru El-Rufai (left) and Pastor Tunde Bakare

Children of Sir Olaniwun Ajayi exchanging pleasantries with the Deputy-Governor of Lagos State

General (Rtd) Alani Akinrinade and Rear Admiral (Rtd) Ndubuisi Kanu

Children-in-law of Sir Olaniwun Ajayi L-R Mr. Foluso Phillips, Mrs. Ajayi, Mrs. Dupe Ajayi and Mr. Odubogun

Children, Grandchildren of Sir Olaniwun Ajayi

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Perspectives on Federal Competition and Consumer Protection Bill 2016 Uzo Ekwegh examines the Federal Competition and Consumer Protection Bill, 2016, Nigeria's most recent attempt to establish a legal and regulatory framework for competition, after previous attempts, in the hope that competition is given the attention it deserves.

ompetition Law, whilst well-established in Europe and the United States, is an inchoate concept in a number of developing jurisdictions and an unknown concept in others. In Nigeria, there have been several attempts to establish a legal and regulatory framework for competition with varying degrees of failure; the Federal Competition and Consumer Protection Bill 2016 (“the Bill”) is the latest attempt. This write-up offers some perspectives on the Bill in the hope that competition is given the attention it deserves, before the Bill is passed into law. Competition law is defined as the branch of law which prohibits monopolies, anti-competitive behaviour or Restrictive Business Practices (RBP) in a market. Establishing a sound Nigerian legal and regulatory framework for competition is imperative because Nigeria is a big consumer nation. The Nigerian economy is largely import-based, evident from the adverse effect of the oil price global slump. Nigeria consumes more than she produces, with an appetite for what she does not produce. That Nigeria hitherto has no central legislation or regulator on competition is incredible, making the analysis of some of the provisions of the Bill imperative. The Commission The Bill seeks to establish the Federal Competition and Consumer Protection Commission (the Commission), which combines competences over competition and consumer rights protection by scrapping and repealing the Consumer Protection Council and the Consumer Protection Council Act respectively. Sections 4(1) (b) and 15 (1) provide for six full-time Commissioners and a number of committees to be set up by the Commission to execute some indeterminable functions. By virtue of Section 15, the committees are to deliberate on assigned matters and report to the Commission for final and binding decisions. This approach is contrary to global best practice. It is advised that the Bill should establish specific departments under the Commission like Market Analysis, Mergers & Acquisition etc. - each headed by a Commissioner. This approach dispenses with committees, allowing the Commission to function as a streamlined professional organisation, where matters are assigned to, and addressed by specific departments. Section 23 makes provision for the funding of the Commission. Section 23(2)(h) specifically provides that the Commission may be funded from fees it charges for carrying out investigations, implying that the Commission charges a fee for investigating any report of RBP – a statutory duty under the Bill. The implication of this provision should be addressed to engender public confidence in the capability of the Commission as a regulator and not a quasi-commercial entity. Another interesting provision is the enforcement powers of the Commission. Section 27 (3), in effect, gives the Commission the power to enter premises upon suspicion that an undertaking has violated or is likely to violate any of the provisions of the Bill, and obtain the warrant thereafter. With respect, one submits that the Commission is prone to

abuse the power, especially so that competition law is hardly a matter of national security; the Commission must obtain the necessary warrant before exercising such powers. The foregoing are just a few provisions of the Bill concerned with the operation of the Commission, which may require further review. Price Regulation Section 89 empowers the President of the Federal Republic of Nigeria to regulate the prices of certain products/services, which are to be published in an official gazette. This seems odd, as Competition law applies to all products/services, and it follows that the pricing of all products/services are regulated by market forces; this is the kernel of competition law. The flawed approach commenced in Section 1(c), which provides that the aim of the Bill is to “... provide consumers with competitive prices and product choices ...” instead of “... ensure that consumers are provided with competitive prices and product choices...” It must be understood that competition law and its regulators do not provide competitive prices and products; they merely ensure that consumers have freedom of choice through the availability of competitive prices and products. The Bill adopts the wrong approach to price regulation (government interference), probably based on the misapplication of the word “regulate”. Competition law regulates the pricing policy of undertakings operating in a deregulated market (free of government interference). A competition legislation that provides for the regulation of prices by

government, is contradictory. Market Definition In order to assess whether a particular conduct amounts to RBP, its effect on the other players (the competition) within the same industry (market) is evaluated. This creates the need to define the relevant market; for example, an investigation into the increase in the price of a “data plan” versus increase in “call tariff” both done by MTN. In the former scenario the market may be internet services, in which case, MTN and Smile may be competitors, in the latter case, the market may be voice call services, in which case, MTN may not be lumped with Smile as competitors. Market definition is very important, as it aids in assessing an undertaking’s power within a relevant market, which helps a regulator in deciding if a specific conduct of an undertaking amounts to RBP. In the assessment of anti-competitive conduct, competition law is concerned with defining the product market and the geographic market of the concerned undertaking as mirrored in Section 72 of the Bill. The definition of the product market is concerned with demand substitutability i.e. which products are substitutable amongst themselves such as Gala, Beefy, Big Bite, whilst the definition of geographic market is concerned with the realistic locations where consumers could purchase substitute products. e.g. Mr. A may be willing to go between areas X, Y and Z in search of the best price but not as far as area B. In this scenario the geographic market will be limited to areas X, Y and Z.

"ESTABLISHING A SOUND NIGERIAN LEGAL AND REGULATORY FRAMEWORK FOR COMPETITION IS IMPERATIVE BECAUSE NIGERIA IS A BIG CONSUMER NATION. THE NIGERIAN ECONOMY IS LARGELY IMPORT-BASED, EVIDENT FROM THE ADVERSE EFFECT OF THE OIL PRICE GLOBAL SLUMP. NIGERIA CONSUMES MORE THAN SHE PRODUCES, WITH AN APPETITE FOR WHAT SHE DOES NOT PRODUCE"

Section 72(a) provides for geographic market but fails to recognise the effect that e- commerce has on commercial transactions. E-commerce means commerce without borders; hence, “geographic boundaries” as employed in Section 72 can no longer be the sole determinant in defining the geographic market under competition law. Today, consumers can move easily between supplier websites, browsing for the best purchase price from the comfort of their internet-enabled devices. The internet affords the consumer the luxury of having no barriers, locally or internationally, in respect of choice of competitive prices and products. It is advised that Section 72 should be amended to replace “geographic boundaries” with “accessibility”, which aptly covers both physical transaction points and the borderless e-commerce, in the determination of geographic markets. Competences of the Commission Nigeria currently practices competition regulation on an industry-specific basis, implying that some competences have been built over the years. Consequently, it is imperative to advice that all industry-specific regulators should transfer their competition competences to the Commission. This does not only empower the Commission, but provides it with a pool of competent officers, who can be transferred to start-up the Commission based on their previous competition law experience, under industry-specific regulators. The combination of both competition and consumer protection functions by the Bill seems to be influenced by similar approaches in other established jurisdictions, like the United Kingdom, which evolved over many decades of developing separate competences. Considering the fledgling Nigerian competition law, the capacity of the Commission to effectively regulate competition along with consumer protection obligations, is questionable. However, it would be helpful if the competences of the to-be-scrapped Consumer Protection Council are greatly utilised by the Commission in the new dispensation. Conclusion In general the Bill is a marked improvement on its predecessors, but it is definitely not the finished product, bearing in mind that the foregoing review is by no means exhaustive. Uzo Ekwegh, Legal Practitioner, Lagos

06.12.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR A barber gave a haircut to a priest one day. The priest tried to pay for the haircut, but the barber refused, saying, “you do God’s work.” The next morning the barber found a dozen bibles at the door to his shop. A policeman came to the barber for a haircut, and again the barber refused to pay, saying, “you protect the public.” The next morning the barber found a dozen doughnuts at the door to his shop. A lawyer came to the barber for a haircut, and again the barber refused payment, saying, “you serve the justice system.” The next morning the barber found a dozen lawyers waiting for a free haircut.

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

Dear Counsel, A friend of mine who works in the media, gave me your contact details. I am Pastor Adeweye from CAAC Ibadan. Please, give me advice on what to do. My sister was invited by a Jamaican family friend to visit her in Jamaica. She travelled to Jamaica, but on getting there last Tuesday, the Immigration Officer, one Lynval Houston, checked her passport and asked her questions which she answered. My sister met their requirements and the family friend on whose invitation she had made the trip, came to the airport to meet her. But to her surprise, because she is Nigerian, the officer treated her badly, like a Criminal. He said that Nigerians are bad people. He discriminated against my sister and called her names, which he did not do to other passengers. Thereafter, on the spot, he sent her back to Nigeria. The family friend who came to receive her was not even allowed to talk to her. The Immigration Officer said that the woman did not have the resources to take care of my sister. The family friend who invited my sister to Jamaica is dissatisfied with the way she was humiliated. Sir, what steps do you think we should take to right this wrong? Pastor Adeweye, Ibadan.

Dear Pastor Adeweye, One can only imagine the number of Nigerians that have been subjected to this kind of ill-treatment in the hands of overzealous, ill-mannered bigots, working in the immigration services of some countries. It is particularly discouraging when the country responsible for meting out such degrading treatment, is a third world or developing country, like Nigeria. I would however, advice that the matter be approached from two sides. First, your sister must get an immigration lawyer here in Nigeria to immediately file a complaint at the High Commission of Jamaica, Plot 247, Muhammadu Buhari Way, Central Area District, Abuja. I have no doubt that the High Commissioner, His Excellency, Robert Miller or a senior officer in the Consulate Section, will attend to this matter, if it is brought to their attention by your lawyer. Should your sister desire to go back to Jamaica, the lawyer must ensure that she fulfils all the necessary requirements for such a visit. Second, the family friend whom your sister went to visit in Jamaica, should also retain the services of a lawyer in Jamaica, to lodge a formal complaint against the Immigration Officer who ill-treated your sister. She can exercise her rights, as she is entitled to, in her country.

CUSTOMER SUES ECOBANK FOR N50M OVER VIOLATION OF HUMAN RIGHTS On the strength of this statement, Okpala is insisting that the bank is maliciously weaving a web of intrigues around him, because, according to him, the same Mr. Adetunji Adedeji, alongside Mr. Ayo Yinka, Mr. Adeyinka Adeleke and Mrs. Sotunde Dolapo, all Ecobank staff, on their own, allegedly forced one Mr. Awojure David to copy an undertaking drafted by one of them, Ayo Yinka of Ecobank, Gbagada Branch, to paint Okpala and his company in bad light. Awojure who once sold generators to Okpala’s company, when contacted, confirmed Okpala’s statement, stating that Ecobank staff at the bank’s bulk room at Areromi, Iyana Ipaja, Lagos, branch, maltreated him, on the strength of his admission that his company which deals in fairly used generators, sold a generator to Okpala’s company in 2015. He said that his involvement started when it came to payment, and the company that bought the generator requested an Ecobank account for the payment. “It was then my company advised me to give my personal bank account to receive the money, as we supplied the generator to the customer. Recently, I went to the branch and effected a transfer of money to a customer that we bought generators from, to resell. I was surprised when the seller customer kept calling that the amount we transferred to him, was not in his account. I then went back to the bank the following day, only to encounter the CSM of the branch, Mrs. Sotunde Dolapo, who instructed the bank security to collect my phones and forced me into their bulk room, insisting that I refund N650, 000.00 that the customer said I defrauded him.

••• Two women are on a transcontinental balloon voyage. Their craft is engulfed in fog, their compass gone awry. Afraid of landing in the ocean, they drift for days. Suddenly, the clouds part to show a sunlit meadow below. As they descend, they see a man walking his dog. One of the flyers yells to the figure far below, "Where are we?" The man yells back, "About a half mile from town." Once again, the balloonists are engulfed in the mist. One flyer says to the other, "He must have been a lawyer." The other says, "A lawyer! How do you know that?" The first says, "That’s easy. The information he gave us was accurate, concise, and entirely irrelevant." ••• A teacher asks the children to discuss what their fathers do for a living. Little Mary says: "My Dad is a lawyer. He puts the bad guys in jail." Little Jack says: "My Dad is a doctor. He makes all the sick people better." All the kids in the class had their turn except Little Johnny. Teacher says: "Johnny, what does your Dad do?" Johnny says: "My Dad is dead." "I'm sorry to hear that, but what did he do before he died?" "He turned blue and crapped on the carpet."

CONTINUED FROM PAGE 6

“I refused. I was beaten and threatened, so as not to delay signing the form which the CSM, Dolapo, brought to enable her remove the said amount from my account back to the company account of Mashuchun International Ltd, which I really don’t know about. I was forced to sign the transfer form, and from there I was ferried to Gbagada branch of Ecobank with armed policemen in their bullion van. When I pleaded for my safety they let me go, only on the condition that I copied a drafted undertaking by one of the men at the place. I copied their drafted undertaking and was let go after several hours. I really thank God”, he said. The question is where is the money? Did the bank in its illegal bid to recover the alleged missing N10m divert it? “My lawyer has filed a N100 million suit against the bank for infringing on my rights. We have equally petitioned the Inspector General of Police about Ecobank in our submission; “Threat To Life cum False Imprisonment.” I really don’t know my offence and till this moment they have not returned the money to my account, and Mashuchun Company account where they told me that the money is being returned to, said they didn’t receive such payment alert.” “The court case is going on at the State High court Ikeja while the IGP assigned the case to the Commissioner of Police, Lagos State Command to investigate. Currently, the CP X-quad is investigating the case, and it was there the brave police officers uncovered the man that drafted the undertaking for me to copy, as I couldn’t look at their faces due to the severe beating and slaps that I was given.” To untie these knots, embarrassing and frustrating legal

knots surrounding him, Okpala decided to include the services of another lawyer apart from Barrister Umeh, who filed the earlier case at the Lagos High Court. Even so, Umeh said the police threatened him. According to him, Sgt Tope Ijatuyi has harassed him and threatened to deal with him, unless he withdrew the suit he filed against them for his client at the state High Court Ikeja. “I equally petitioned the Lagos State Ministry of Justice and Chief Judge of Lagos as the police threat continues. The Chief Judge, I know, has forwarded the case to the Commissioner of Police, Lagos state, and I was contacted by the Police Complaint Unit of the state command to make a statement to this affect, and we are still hoping to hear the outcome of the police investigation to that effect”, he stated. R.O.A Awobeku, the other Lawyer has petitioned the Inspector General of Police. In the petition, Okpala faulted the attitude of the police and Ecobank through its staff, Mr. Adetunji Adedeji Akanbi, stating that his harassment, torture and the allegations of fraud against him, are all malicious. Awobeku, on the other hand, said that Ikoyi Divisional Police, lacks the jurisdiction to investigate and or charge the case to court. The case, he maintains, should have been reported at the police station close to the bank or any of the following; the State Headquarters, the Special Fraud Unit, State CID, or Zonal Headquarters. He is however optimistic that justice will prevail at the end of the day, with the intervention of the IGP. “We thank God for the intervention of the IGP, that he assigned his special team to carry out a thorough investigation to unveil the perpetrators of this evil”, he said.

14/TELECOMS

06.12.2016

More Questions Than Answers Recently, the Nigerian Communications Commission (NCC) sought to introduce a communications service tax and an interim price floor for data. The NCC subsequently rescinded its decision. Chinedu Ozobu's article examines the issues involved and why it would have been wrong for the NCC to go ahead with its initial plan

Telecoms: The Beautiful Bride ith over 153 million subscribers and a reputation as the fastest growing contributor to GDP, it comes as no surprise that the Nigerian telecoms industry is constantly a subject of discourse and a sensitive one at that. From the sheer numbers perspective, it represents a ‘catchment area’ that is perhaps unrivalled by any other sector, while from an economic perspective, it holds great potential as the ‘beautiful bride’ in the light of dwindling oil revenues. Accordingly, there is an endless ‘push and pull’ from all stakeholders in the ecosystem with eyes firmly fixed on their respective interests which include profits (business owners), revenues (government), consumer right protection (advocacy groups) and sector sustainability/growth (the regulator). Communications Service Tax Two issues which have recently underlined this trend, are the proposal to introduce a communications service tax (CST) bill at the National Assembly and the introduction of an interim price floor for data by the Nigerian Communications Commission (NCC). The CST Bill seeks to levy a 9% tax on electronic communications services delivered by service providers. Services which would be affected would include SMS, voice calls and data services. By implication, passing of the Bill into Law would result in an additional charge on the basic service charge by the service provider. Data Price Floor The data price floor on the other hand was introduced by the NCC as an “interim measure” to address issues of competition on the data market segment. In essence, what the NCC did was to set a floor of N0.90 per MB applicable to operators who either had a market share greater than 7.5% or who had been in operation for more than 3 years. As such, those operators were precluded from pricing their data beneath the set floor, so as not to price out smaller operators and foster a level playing field. Antagonistic Public Reaction Public reaction to both developments has been unanimously antagonistic and in the case of the data price floor, culminated in the NCC backtracking on application of the price floor. While the CST Bill is still making the rounds at the National Assembly, it is unlikely (given the fillip the customers’ voice has acquired from the data price floor experience) that it will sail through, without further recourse to the concerns that have been expressed by stakeholders. Regardless of how both situations ultimately pan out, the breather currently being enjoyed with regard to both issues provides an invaluable opportunity for policy makers to reconsider these and other recent

actions and pronouncements vis-à-vis alignment with current realities and where the industry needs to be headed. Pronouncements have been made by both the Executive Vice Chairman (EVC) of the NCC as well as the Minister of Communications, as to how they intend to facilitate broadband penetration and position the sector as a socio-economic growth hub. Can it however be said that policy interventions such as the CST Bill and Data Price Floor support those stated objectives? Where is the strategic fit between imposing a higher financial burden on access to telecommunication services, improving penetration and creating a digitally-savvy Nigeria? How do policy flip-flops and instability in the regulatory environment resonate in the consciousness of potential investors with the capital required to deepen growth

and provision of requisite infrastructure? Does a ‘cash cow’ mindset and focus leave room for the enabling environment reasoning that should underpin policy development and regulation at this time? Numbers have been bandied about with regard to decline in Average Revenue Per User (ARPU) and proceeds from voice calls vis-à-vis the need to position the industry to take advantage of the next ‘big wave’ (i.e. data services). However how much consideration has been given to the advent of Over-TheTop (OTT) players and what steps need to be taken to enable service providers compete with them? According to research, internet penetration in Nigeria stands at 30% compared to 37% in Egypt and 47% in Kenya. Ditto mobile penetration which

"WITH OVER 153 MILLION SUBSCRIBERS AND A REPUTATION AS THE FASTEST GROWING CONTRIBUTOR TO GDP, IT COMES AS NO SURPRISE THAT THE NIGERIAN TELECOMS INDUSTRY IS CONSTANTLY A SUBJECT OF DISCOURSE AND A SENSITIVE ONE AT THAT. FROM THE SHEER NUMBERS PERSPECTIVE, IT REPRESENTS A ‘CATCHMENT AREA’ THAT IS PERHAPS UNRIVALLED BY ANY OTHER SECTOR, WHILE FROM AN ECONOMIC PERSPECTIVE, IT HOLDS GREAT POTENTIAL AS THE ‘BEAUTIFUL BRIDE’ IN THE LIGHT OF DWINDLING OIL REVENUES"

stands at 91% in Nigeria compared to 117% in Egypt and 147% in South Africa. Can it however be said that initiatives such as the CST Bill and the Data Price Floor which will inevitably drive up access costs and drive down user numbers, are policy interventions that will address those gaps? It is in this regard, that a proper handshake needs to occur between the NCC and the Ministry/Minister. The utterances of both parties during the recent brouhaha on the data price floor left a lot to be desired as both parties were clearly singing from different songsheets. While the NCC insisted that its intervention was in the best market interests, the Minister did a ‘Pontius Pilate’ and absolved himself (and by implication the Ministry) of any knowledge of the NCC’s actions and motivations. The Way Forward The telecoms industry in Nigeria is at a crucial stage. Contrary to its early years where growth was matter-of-fact as a result of pent-up demand, the industry appears to have peaked and stands at a plateau where strategic and deliberate action is required to trigger the next level of growth and development. Focus therefore needs to be on growth and investment encouraging interventions, such as policy that defers strongly to market forces with regulatory intervention restricted to addressing identified anomalies which the market itself cannot otherwise correct. Chinedu Ozobu, Legal Practitioner, Lagos

06.12.2016

/15

INSIGHT ABUBAKAR D. SANI

x14sure@yahoo.com

Amendment of Code of Conduct Act Without Violation of Constitution?

Introduction n its proceedings of Thursday, the 27th day of October 2016, the Senate was reported to have followed the House of Representatives in purportedly amending some provisions of the Code of Conduct Bureau and Tribunal Act (CCA). This law was enacted as a military decree (No. 1 of 1989), taking effect from the January 1,1991. It is thus an existing law under the 1999 Constitution. Accordingly, the question is whether any provision of the Constitution empowers the National Assembly to enact a Code of Conduct for public officers in Nigeria. The answer appears to be in the affirmative, having regard to Paragraph 3(c), (f) & (g) of Part 1 of the Third Schedule and Paragraphs 3(3), 14(b), 15(4), 16(2) & 18(1) of the Fifth Schedule to the Constitution. By virtue of those provisions, I believe it can safely be said that the National Assembly is competent to legislate a Code of Conduct for Public Officers in Nigeria. Code of Conduct under the Constitution As noted above, the Third and Fifth Schedules to the Constitution make copious provisions in respect of a code of conduct for public officers in Nigeria. Section 153(1) a of the Constitution establishes the Code of Conduct Bureau, whose powers and composition are contained in Paragraphs 1 – 4 of Part 1 of the Third Schedule to the Constitution. The Code of Conduct itself is contained in Paragraphs 1 – 14 of Part 1 of the Fifth Schedule to the Constitution, whilst the composition and powers of the Code of Conduct Tribunal are contained in Paragraphs 15 – 18 inclusive thereof. Has the Constitution covered the field of a Code of Conduct for Public Officers in Nigeria? This question is pertinent having regard to the principle of constitutional supremacy enshrined in Section 1(1) & (3) of the 1999 Constitution, as well the doctrine of covering the field, both of which are encapsulated in the dictum of the Supreme Court, per Kutigi, JSC, in ISHOLA v AJIBOYE (1994)6 NWLR pt. 352, PS.506 @573D, where he opined that: “The Constitution is supreme not only when another law is inconsistent with it, but also when another seeks to compete with it in an area already covered by the Constitution”. The question, therefore, is whether the CCA makes the same or similar provisions to the Constitution on the subject-matter of a Code of Conduct for Public Officers. This necessarily calls for an in-depth look at both enactments. I believe that when this is done, it will be found that, but for a few minor differences, both the Act and the Constitution contain virtually the same provisions. Starting with the Code of Conduct Bureau, the following provisions of both the Act and the Constitution are similar, viz; (i) Section 153(1)(a) of the Constitution, which establishes the Conduct of Conduct Bureau and Section 1(1) of the Act; (ii)Paragraph 1 of the Third Schedule to the Constitution and Section 1(2) of the Act; (iii) Section 3 of the Act which sets out the functions of the Bureau and Paragraph 3 of the Third Schedule to the Constitution, with the notable exception of Section 3(d) of the former, the proviso to which is missing from Constitution. This was recently amended by the Senate and it states as follows: “The functions of the Bureau shall be to receive complaints about non- compliance with or breach of this Act and where the Bureau considers it necessary to do so, refer such complaints to the

Chairman, Code of Conduct Tribunal, Danladi Umar

Code of Conduct Tribunal established by Section 20 of this Act in accordance with the provisions of section 20 to 25 of this Act: Provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the Tribunal shall be necessary”. But for this proviso, this provision is similar to Paragraph 3(e) of Part 1A of the Third Schedule to the Constitution, which provides that:- “The Bureau shall have power to receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal”. (iv) Section 4(2) of the Act and Paragraph 3(f) of Part 1 of the Third Schedule to the Constitution: they both empower the Bureau to appoint and exercise disciplinary control over staff of the Bureau, subject to the provisions of an Act of the National Assembly, in the case of the latter, and to the President, in the case of the former. (v) Section 5 to 14, inclusive, of the Act are repeated virtually verbatim, in Paragraphs 1 to 10 of Part 1 of the Fifth Schedule to the Constitution. (vi) Section 15 of the Act is similar to Paragraph 11 of Part 1 of the Fifth Schedule to the Constitution; they are both captioned “Declaration of Asset”, the only difference between them being the threshold of the ages of the unmarried children of public officers, who are required to declare their assets: while it is 21 years under the Act, it is 18 years under the Constitution. (vii) Sections 16 and 17 of the Act are similar to Paragraphs 12 and 13 of Part 1 of the Fifth Schedule to the Constitution, on the

subject matter of “Allegations of Breach of the Code/Act” and “Agents and Nominees”, respectively. (viii) Section 18(1) of the Act is similar to Paragraph 14(b) of Part 1 of the Fifth Schedule to the Constitution in terms of subject matter; they are both captioned “Exemption(s)”. However, whilst the Act empowers the President to exempt any cadre of public officers from its provisions, the Constitution confers that power on the National Assembly, but only in respect of Paragraphs 4 and 11 of the Code; in addition, Sec.18(2) of the Act empowers the President to confer on the Bureau additional powers at his sole discretion; this provision is missing from the Constitution, which, however, exempts (in Paragraph 14(a) of the Fifth Schedule) members of legislative houses from the provisions of Paragraph 4 of the Code. (ix) Sections 20 to 23, inclusive, of the Act, are similar to Paragraphs 15 to 18 of Part 1 of the Fifth Schedule to the Constitution, titled “Establishment of Code of Conduct Tribunal”, “Staff”, “Tenure of office of chairman and members” and “Powers of the Tribunal”, respectively. (x) Sections 24 and 25 of the Act titled “Rules of Procedure and Institution of Proceedings” and “Power to Issue Search Warrants”, respectively, are omitted from the Constitution. These, in my view, along with Section 18 of the Act (partly covered in Paragraph 14 of Part 1 of the Fifth Schedule to the Constitution, as aforesaid) are the only notable differences between the CCA and the Constitution (Paragraph 1 – 3 of the Third Schedule and Part 1 of the Fifth Schedule)

"ACCORDINGLY, THE BETTER APPROACH, IN MY VIEW, WOULD BE TO COMPLY WITH THE PROVISIONS OF SECTION 9(2) OF THE CONSTITUTION WHICH REQUIRES SUCH A BILL TO BE PASSED BY TWO-THIRDS MAJORITY OF EACH HOUSE OF THE NATIONAL ASSEMBLY, AS WELL AS THE RESOLUTIONS OF AT LEAST TWO-THIRDS OF THE HOUSES OF ASSEMBLY OF THE STATES"

thereof. In other words, but for the proviso to Section 3, as well as Sections 24 & 25 of the Act (and to a lesser extent, Section 18), the provisions of the Act are virtually the same with those of the Constitution on the subject. To the extent that the law is more concerned with substance than mere form MFON v INONGHA (2014)All FWLR pt. 727 pg. 628 @643B), the 1999 Constitution has covered the field as far as a Code of Conduct for public officers in Nigeria is concerned. Legal Effect See ATT-GEN OF ABIA STATE v ATT-GEN OF THE FED. (2002) 6 NWLR Pt.763 Pg.264 S@369, where the Supreme Court, per Kutigi, JSC, opined that: “Where the provision of the Act is within the legislative powers of the National Assembly, but the Constitution is found to have already made the same or similar provisions, then, the new provision will be regarded as invalid for duplication and/or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provisions of the Constitution. The provision will be treated as unconstitutional and therefore null and void”. The on-going amendment to the Act purportedly being effected by the National Assembly falls into this category. See further the dictum of Uwais, CJN, in the same case, at page 391 of the report, where His Lordship opined that: “The doctrine of covering the field can conveniently be extended to apply to a situation where the Constitution has covered the field vis-à-vis a Federal or State legislation. Such legislation is not void simpliciter, but will be inoperative in view of the provision of the Constitution. However, if the legislation is inconsistent with the provisions of the Constitution, then the legislation is void to the extent of the inconsistency, vide Section 1(3) of the Constitution” Having regard to the relevant provisions of the Act which are either omitted from the Constitution (such as the proviso to Section 3 and Section 24 and 25) or are differently phrased, (such as Section 18), to the extent that they are inconsistent with the relevant provisions of the Constitution (i.e. Paragraphs 1 – 3 of Part 1 of the Third Schedule and Paragraphs 1 – 18 of Part 1 of the Fifth Schedule), they are invalid and void. Conclusion Given the similarity between the provisions of the CCA and those of the Constitution on a Code of Conduct for public officers in Nigeria, and to the extent that the Constitution is supreme, any attempt at amending any provision of the CCA which is also contained, even if partly, in the Constitution, will fail unless the National Assembly goes about in a manner that does not violate the Constitution. Accordingly, the better approach, in my view, would be to comply with the provisions of Section 9(2) of the Constitution which requires such a Bill to be passed by twothirds majority of each House of the National Assembly, as well as the resolutions of at least two-thirds of the Houses of Assembly of the States. This is because, as previously stated, the Constitution has covered the field of a Code of Conduct for public officers in Nigeria substantively leaving only issues of initiation of proceedings and practice and procedure of the Tribunal - the subject matter of Sections 24 & 25 of the Act - which, by virtue of Item 68 of the Exclusive Legislative List and Paragraph 2(b) of Part III of the Second Schedule to the Constitution, are within the exclusive purview of the National Assembly.

16/

06.12.2016

World Aids Day: “Leadership Commitment Impact” The world marked World AIDS Day on December 1, 2016. Over the years HIV/AIDS has taken the lives of about thirty-five million people globally. Onikepo Braithwaite discusses some matters arising, including the problem of stigmatisation of people living with the HIV virus, which she believes is a contributor to the epidemic

ecember 1 was established as World Aids Day by the World Health Organisation in 1988. Since the beginning of the epidemic, more than seventy million people around the world have been infected with the HIV virus, and about thirty-five million people have died from Aids, while over thirty-eight million people are currently living with the virus. Today, in Nigeria, statistics show that there are about 3.5 million people living with the HIV virus. Stigmatisation About twelve years ago, a very old friend of my brother and I died of Aids. He was the first person that I actually knew personally, that had died of the virus. He was a widower, a heterosexual, who confided in us that, he had made the poor choice of having habitual unprotected sex. To avoid him being stigmatised, even in death, till today I have never told anyone the cause of his death. Even in death, I could not bear the thought of him being labelled as anything else but the wonderful person that he was. So my brother and I decided to keep it a secret. Part of the reason for the secrecy was that he still had family all over the place including those that had lived with him, whom we also did not want to be stigmatised, people suspecting out of ignorance, that they may have contracted the virus too. Also we did not want the women that had been known to have been his ‘lady friends’, to be ostracised. All we asked of him when we discovered his status, was to inform every single lady that he had been intimate with, so that they could get tested and commence treatment immediately, if the need arose. He was not emaciated or bed ridden during the period leading up to his death. He had even travelled to Abuja on a business trip a few days before he died. On his return from Abuja, he telephoned me to say that he was back in Lagos, but was going straight to the Clinic, as he felt unwell and suspected that he had malaria. Alas, it was not malaria. Four of five days later, he died, quite peacefully, I might add. Till today, with all the sensitisation and education that the public has had on HIV/Aids, people living with HIV suffer the consequences of stigmatisation and discrimination. They are sometimes shunned by even their families, friends, sacked from the work place among other types of negative treatment. Challenges in Nigeria At an event to mark the World Aids Day, the Director-General of the National Agency for the Control of Aids (NACA), Dr Sani Aliyu, gave the current status of the virus in Nigeria and the challenges his agency is facing in trying to control the spread of HIV. He stated that: - almost one in ten people living with HIV globally, are in Nigeria - about six hundred people get infected with the HIV virus on a daily basis in Nigeria - there is inadequate domestic funding to fight the epidemic - donor support is shrinking - Nigeria has a weak health care supportive system - Nigeria’s response to the epidemic is poorly co-ordinated. The Country Director for US Disease Control said that since 2003, Nigeria had received over

$4 billion from the United States to address HIV prevention care and treatment. He stated that the results were encouraging, but not satisfactory. The Minister of Health, Prof Isaac Adewole who was also present at the event, reiterated Government's commitment to stamping out HIV in Nigeria. A book of guidelines to reduce HIV to the barest minimum and eliminate it, was also launched at the event. The Secretary of the Network of People living with Aids in Nigeria informed the gathering that a lot of his members were experiencing lack of access to medication. He said that Government needed to fast tack anti-retroviral treatment as less than one million people are in anti-retroviral treatment. Experience at General Hospital A few years ago, a friend of mine and I decided to do some charity work at the General Hospital, Broad Street, Lagos. It was just before Christmas, and we decided to distribute some packs of essential commodities to the HIV patients. They seemed to have an orderly way of doing things there, though the Matron in Charge informed me that they did not have enough financial support. They had a testing facility, which produced an immediate result. Patients came in on a monthly basis for weighing,

consultation with the doctors, counselling and refilling of medication. There was a wide range of people there, even grandparent-type people. Some had contracted the virus from doing pedicures on the roadside, with people who obviously do not sterilise their equipment. Two people that I saw there struck me. A nice looking Grandmotherly woman, who had contracted the virus when she broke her leg and had gone for traditional treatment instead of going to the hospital. There was also this pretty young youth corper, who the Matron told me came from a poor background but was determined to get an education, to be able to improve the lot of her family. Between the sexual harassment by University Professors and the incessant purchasing of hand-outs, the young lady had sold herself to raise the funds to meet her obligations. She ended up with a degree and the HIV virus! I sat through the counselling session and discovered a few things. Many of the patients kept their status a secret. Some of their spouses were not even aware of their condition. There was an elderly patient who was telling his friend that he had six children and grandchildren, and none of his family members was aware of his condition or that he was even at the

"STIGMATISATION ONLY ENDS UP FUELLING THE SPREAD OF THE EPIDEMIC. PEOPLE WON’T GO AND GET TESTED BECAUSE THEY DON’T WANT THEIR TEST RESULTS TO BECOME PUBLIC KNOWLEDGE. THOSE THAT HAVE IT GO AHEAD TO CONTINUE HAVING RELATIONS WITH UNSUSPECTING PEOPLE, FOR VARIOUS REASONS LIKE, ‘SOMEONE GAVE IT TO ME SO I’M GOING TO SPREAD IT TO AS MANY PEOPLE AS I CAN’ (I BELIEVE THAT THIS HAS BECOME A CRIMINAL OFFENCE), ‘PEOPLE WILL OSTRACISE ME IF THEY KNOW THAT I HAVE IT, SO I’M JUST GOING TO KEEP MUM AND LIVE MY LIFE NORMALLY’, ‘JACOB ZUMA SAID THERE’S NOTHING LIKE HIV, HE’S THE PRESIDENT OF A COUNTRY, HE MUST KNOW WHAT HE IS SAYING!’"

hospital that day. Why? Because of the fear of stigmatisation. HIV: No Longer a Death Sentence I also learnt from the counselling session that HIV is no longer a death sentence. At the time, the type of ARV medication that was given to the patients, could give them at least another forty years of life. They had Line 1 and Line 2. Line 1 could keep a patient going for a maximum of twenty-five years if the patient took it faithfully at precisely the same time daily. Eventually, Line 1 would fail after twenty-five years. Then Line 2 would be utilised. Line 2 had an efficacy period of fifteen years. The patients were however, warned that if they did not take Line 1 exactly as prescribed, it would fail, and in the event of its failure, they would have to resort to Line 2, thereby reducing their life expectancy. Milestones Between March, 2012 and August, 2013, success was recorded in a Phase 1 Clinical Trial of a vaccine against HIV, developed by Dr Chil-Yong Kang. Last Wednesday, South Africa also launched a new vaccine against HIV. In a country that 6.8 million people are living with the HIV virus, with a daily infection rate of one thousand, it is hoped that this vaccine will be successful. We need to stop it. Stigmatisation only ends up fuelling the spread of the epidemic. People won’t go and get tested because they don’t want their test results to become public knowledge. I think Government needs to do more on educating the general public on HIV/ Aids. Those that have it go ahead to continue having relations with unsuspecting people, for various reasons like, ‘someone gave it to me so I’m going to spread it to as many people as I can’ (I believe that this has become a criminal offence), ‘people will ostracise me if they know that I have it, so I’m just going to keep mum and live my life normally’, ‘Jacob Zuma said there’s nothing like HIV, he’s the President of a country, he must know what he is saying!’ The most important thing that I learnt from spending the day at the HIV Clinic was that HIV patients are no different from you and me. Treat them well. Onikepo Braithwaite

T H I S D AY • TUESDAY, DECEMBER 6, 2016

BUSINESSWORLD

INDUSTRY

The Missed Chance to Save Nigeria’s Economy Crusoe Osagie discusses the missed opportunity to save Nigeria’s economy through industrialisation and the modest contribution Nigerian Breweries has made to the real sector still in its rudimentary stages

Enelamah Nigeria continues to wallow in the ongoing economic recession with the attendant setbacks. Massive job losses across sectors of the economy, sharp decline in government revenue, spiraling inflation making life unbearable for the poor, and an embarrassing foreign exchange regime among several other challenges all continue to plague the nation and its people. Although the International Monetary Fund (IMF) and the Nigeria Bureau of Statistics (NBS) have both announced gains in Nigeria’s balance of trade with other nations, the recession still runs deep with experts predicting a tougher time in 2017. The country’s balance of trade has remained negative as the rise in Nigeria’s exports in the third quarter of 2016 only helped to reduce the existing deficit trade balance from N484.23 billion in the preceding quarter to N104.14 billion in the third quarter. The condition in which Nigeria and its economy are currently placed has left many ruing the lost opportunities over the years to effectively drive industrialisation. Industrial capacity utilisation is less that 30 per cent and the contribution of the manufacturing sector to the economy is just above 6 per cent making the recent decline in hydrocarbon earnings hit the economy in the most severe form. However, in the midst of the current fiscal and monetary challenges, the country still hosts successful companies in the manufacturing sector like Nigerian Breweries Plc, Dangote, Flour Mills of Nigeria among others, still putting millions of people to work and navigating through the biting recession. Unfortunately, they are just too few to provide the buoyancy which the nation requires to stay conveniently afloat in this difficult time. Analysts have looked at the accomplishments of these operators of the manufacturing sector and posited that Nigeria would certainly have had nothing to do with the ongoing hydrocarbon-driven recession if it had much more of these kinds of companies. Nigeria Breweries for example, employs over one million people directly in the mould of engineers, scientists and varied other disciplines as well as indirectly in the mould of contractors, distributors, logistics experts, retailers among others. With market capitalisation of over N750 billion, an investment worth billions of dollars in the country and average annual turnover of about N300 billion the brewery giant has made a notable mark in the economy. A recent visit of Governor Akinwunmi

Jamodu Ambode to Nigerian Breweries to mark the company’s 70 years in the country is a clear acknowledgement of the mark it has made and its relevance to the survival of the economy. During the visit, Ambode commended the company for its commitment to the economic prosperity of the state and the nation. The governor charged the management to remain focused on excellent business practices and outstanding corporate governance. He congratulated the company on its 70th anniversary and emphasised that the company has been part of the development of Lagos since the creation of the state fifty years ago. “In the last fifty years, you have contributed to the growth and development of Lagos State. We are happy you have been part of the success story of this state,” he said. Ambode highlighted the company’s contribution towards job creation through direct and indirect employment of Lagosians.

The country’s balance of trade has remained negative as the rise in Nigeria’s exports in the third quarter of 2016 only helped to reduce the existing deficit trade balance from N484.23 billion in the preceding quarter to N104.14 billion in the third quarter

He also praised the Company for being a responsible corporate citizen, adding that it has done more than any other company in terms of corporate social responsibility in the state. The governor pledged continuous cooperation and partnership between the state and Nigerian Breweries Plc. “We are part of this partnership and we shall do all to support it”, he said, while assuring of his government’s support in creating an enabling environment for the company. In his welcome address, the Chairman of Nigerian Breweries Plc., Chief Kola Jamodu said that Lagos State occupies a special place in the heart of the company’s commitment to “Winning with Nigeria.” This commitment, he maintained, has driven its Corporate Social Responsibility footprints over the years to make several outstanding contributions towards human and infrastructural development in the state, especially in the areas of education, health and security. The chairman assured that the company would continue to join hands with the governor in the march to make Lagos the cynosure of all eyes. During the visit, the Technical Director, Nigerian Breweries Plc., Mr. Henk Wymenga highlighted the company’s socio-economic impact in Lagos State to include job creation, prompt and full compliance in payment of taxes which run into several billions of Naira, local sourcing of raw materials including the company’s sorghum and cassava value chain as well as its long term sustainability agenda, “Brewing a Better World.” A major highlight of the visit was the signing of a Memorandum of Understanding (MoU) between the Lagos State Government and Nigerian Breweries Plc. on the ‘One Lagos Fiesta’. Governor Ambode signed on behalf of the state while Chief Jamodu signed on behalf of Nigerian Breweries Plc. The company also donated two security patrol vans to the Lagos State Security Trust Fund during the visit while Governor Ambode planted a commemorative tree in the premises of the company’s Lagos brewery. Analysts agree that Nigerian Breweries Plc is a socially responsible corporate organisation with a good track record of corporate social initiatives. Over the years, the company has been very active in supporting national development aspirations in line with that vision. For instance, the long held belief that

teachers’ reward is in heaven was demystified recently when the heaven opened to drop the reward on the occasion of the grand finale of the 2016 Maltina Teacher-of-the-Year in Lagos. The award instituted by Maltina, the non-alcoholic malt brand from the stable of Nigerian Breweries Plc, is courtesy of Nigerian Breweries-Felix Ohiwerei Education Trust Fund. It is aimed at restoring the pride of teachers and the dignity of the teaching profession. The initiative with prizes worth N50 million annually, is to reward commitment and diligence to duty by exceptional teachers across the country. Managing Director of Nigerian Breweries, Mr. Nicolaas Vervelde, explained that Nigerian Breweries operates with a philosophy of “Winning with Nigeria” and has championed causes that add value to the society since inception in 1946. “In 1994, we raised the profile of our support of the Education sector when we established the Nigerian Breweries – Felix Ohiwerei Education Trust Fund to enable us contribute to the development of the sector,” he said. Over the years, the Fund has impacted over 20,000 students with classrooms, libraries, laboratories, and so on, in over 40 communities across Nigeria All tiers of educational institution have benefited from the fund’s projects: primary, secondary and tertiary. All the geographical zones in the country have also benefited. So far, the fund has built approximately 162 new classrooms and renovated 20 existing school buildings at both primary and secondary school levels. The Beyond the School Initiative is another programme of the Trust Fund worthy of note. Put together for students in public Senior Secondary Schools, it is designed to expose them to career options and factors they need to consider before making career choices. The initiative also helps students improve their reading habit and underpin the importance of reading in career goal achievement. A total of 1,200 students in the five schools visited so far received the career talk accompanied with relevant support materials. Youth Empowerment and Talent Development is another critical area where Nigerian Breweries has been very active, sponsoring several competitions and programmes. The investments in this regard are driven by the recognition that talented young people need platforms and opportunities to showcase their talents while being encouraged and rewarded.

T H I S D AY • TUESDAY, DECEMBER 6, 2016

BUSINESSWORLD

INDUSTRY

FG to Leverage on NIRP, NEDEP to Drive Investments, Economic Growth Stories by Crusoe Osagie The Federal Ministry of Industry, Trade and Investment (FMITI) has announced plans to leverage on the framework of Nigeria Industrial Revolution Plan (NIRP) and National Enterprise Development Programme (NEDEP) to drive both domestic and foreign investment into the country. The Minister, Industry, Trade and Investment, Dr. Okechukwu Enelamah, explained that the present administration is committed to further stimulating domestic and foreign investments in the country relying on the support of the Organised Private Sector (OPS). The minister who was represented by the acting Managing Director, Bank of Industry (BOI), Mr. Waheed Olagunju, at the 128th annual general meeting of the Lagos Chamber of Commerce and Industry (LCCI) however stated that Nigeria worth about N90trillion cannot depend on a meager budget of about N6 to N7 trillion to run effectively

as a nation. In his words: “A N7 trillion budget is not enough to run a N90 trillion economy. The best the government can do is to catalyse the private sectors to mobilise resources for the sector to ensure that the Nigerian economy is well operated for Nigeria to actualize its full potentials. This explains why we will continue to support the LCCI and indeed other private sectors organizations in the country using mainly the framework of the Nigeria Industrial Revolution Plan (NIRP) as well as the National Enterprise Development Programme as well as other initiatives of the ministry. We are committed to further simulation of domestic and foreign investments in the country.” According to him, “The times are hard and Nigeria is in challenging times, but it is optimistic that given the very strong fundamentals of the Nigerian economy, we will be out of the woods sooner than expected. We will continue to count on the support of the private sector particularly the

Lagos Chamber of Commerce and Industry (LCCI) given the fat that Lagos accounts for a significant percentage of Nigeria’s Gross Domestic Product (GDP) and by virtue of historical factors and geographical circumstances, Lagos will continue to be the trigger for the Nigerian economy.” In his capacity as acting Managing Director of BOI, Olagunju said Nigeria has export potentials and needs to diversify the sources of its foreign exchange, pointing out that Nigeria has depended on oil for a very long time.

“If we have a diversified economy and we export processed goods or solid minerals, processed petroleum products, we are going to earn more value than we are currently earning exporting crude products. For the past 30 years, we have been paying lip services to diversification, we have not done well in the last 30 years. We have to start doing things correctly going forward otherwise it will come back and haunt us. If we are determined and focused, we can turn around the Nigerian economy in the next five years,” he said.

He noted that in spite of the headwind, BOI has done better in 2016 than it did in 2015, attributing its success to its robust risk management framework, adherence to global best practices in terms of policies, procedures and processes. “We ended 2015 with a ratio of non performing loan (NPL), which stood about 5.8 per cent, but by the middle of 2016, we have reduced that figure considerably to 3.87 per cent and by the end of September 2016, we had further reduced that by 3.84 per cent. What that means is that more than

96 per cent of the loans we approved some years back are being as and when due. We are also operating profitably, our bottom line is blue, because if you are not profitable, you cannot be viable and sustainable,” he added. The president, LCCI, Dr. Nike Akande, its annual general meeting was to review the business environment and the economic conditions in the outgoing year and also to highlight accomplishments and advocacy engagements as major players in the OPS.

Federal Ministry of Agric Inaugurates Ministerial SERVICOM Committee The Permanent Secretary, Federal Ministry of Agriculture and Rural Development, Dr. Shehu Ahmed, has inaugurated the SERVICOM Committee of the ministry. Inaugurating the committee, the Permanent Secretary expressed satisfaction with the Reform Coordination and Service Improvement department of the Ministry for taking its rightful place in the Ministry to drive, coordinate, monitor, report and troubleshoot on service failures, as well as making efforts to address them accordingly. While assuring the Committee of management’s necessary support to perform its duties, the Permanent Secretary urged the department of Reform Coordination and Service Improvement to come up with initiatives that will enhance service delivery in the Ministry. He called on the department to work efficiently and in consonance with all departments in the Ministry to achieve set objectives. He also appealed to all departments and Units in the Ministry to support the initiative and the committee. He appreciated the efforts and encouragements of the SERVICOM Office in the Presidency, especially in the current work on the Ministerial Service Charter of the Ministry and the synergy the Ministry is receiving from the Office. He congratulated the Committee members, drawn from all departments of the Ministry, and urged them to see their nomination as an opportunity to re-dedicate themselves and work as a team to bring about positive changes in the Ministry. Earlier in her keynote address, acting National Coordinator of SERVICOM, Mrs. Nnenna Akajemili stated that the inauguration of the Ministerial SERVICOM Com-

mittee in the Ministry was in line with the institutionalization of SERVICOM Principles in all Ministries, Departments and Agencies (MDAs) of Government. She noted that the inauguration comes in the most auspicious time when President Buhari is working towards ensuring change in the Nigerian public service, and most especially in the agriculture sector. She expressed hope that the inauguration of a SERVICOM Committee in the Ministry would, among other things, bring about a positive change and improvement in productivity, as well as strategies that will lead to better service delivery in the Ministry. She stressed that the public expects accountability and transparency in the use of resources, and would therefore, measure Government performance based on the quality of services delivered. She thus enjoined all MDAs to embrace the principles of SERVICOM, which promotes the culture of continuous improvement in the service delivery process, to keep track with global best practices, as advocated by the SERVICOM Office. Head of Reform Coordination and Service Improvement department in the Ministry, Mr. El-Baff Mahdi called on the newly inaugurated committee to, among other things, organize sensitisation of all staff of the Ministry in order to promote a better attitude and commitment, as well as efficiency and effective service delivery at all levels, organize best staff/department award with the aim of rewarding excellence, and to sensitise and establish SERVICOM Units in all research institutions and parastatals of the Ministry in line with Federal Government directive.

SET FOR OPERATION

L- R : Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote; Chairman, Petroleum Technology Association of Nigeria ( PETAN), Mr. Bank-Anthony Okoroafor and Managing Director Solewant Group, Mr. Solomon Ewanehi, during the unveiling of Solewant’s Africa’s largest coating plant in Port Harcourt, Rivers State…recently

Biodiversity Essential for Food, Nutrition Security, Says FAO

IITA Unveils Five-year Agric Devt Plan

Crusoe Osagie

Director General of the International Institute of Tropical Agriculture (IITA), Dr. Nteranya Sanginga, has laid out the Institute’s priorities for his second term, saying that the move is necessary to correct the imbalance resulting from the influx of projects, funds, staff, and partners from 2011 to 2016. These were laid out in his recent report to the IITA Board of Trustees. According to the report, for the next five years, IITA’s operations need to be “reorganized to manage and operate efficiently for delivery and impact”. This will be achieved by addressing operational inefficiencies for better delivery both in support services and R4D, and positioning IITA’s support system to manage new mega projects. Already Management has rolled out a new organisational structure to show some of the changes. “One of the major objectives in the reorganisation of IITA is to strengthen the corporate services and finance functions to be able to improve operational efficiencies in support of improved delivery of IITA’s technologies and build a support system to manage mega projects and transform IITA into the capital of Research for Development in Africa. In the process IITA will evaluate and strengthen human resource capabilities across the organisation and build capacity across the upper levels

Maintaining biological diversity is important for producing food and to conserve the very foundation of life and rural livelihoods, FAO Deputy Director-General Maria Helena Semedo told participants in an international summit aimed at protecting biodiversity. “Biodiversity is essential for food security and nutrition,” Semedo said at the opening High-Level Segment of the 13th Session of the Conference of the Parties to the Convention on Biological Diversity (CBD). “It is needed to sustainably produce nutritious and abundant food and to adapt agriculture, forestry and fisheries to global challenges, such as climate change and growing populations,” she said. “Reducing the ecological footprint of agricultural sectors through sustainable practices will contribute to the conservation of biodiversity.” She added “maintaining biological diversity in agricultural sectors is important for producing nutritious food, improving rural livelihoods and enhancing the resilience of people and communities.” “If we want to transform the world, end poverty, reach zero hunger and ensure the lasting protection of biodiversity that humanity and its food systems depend on, then we have to respond through an all-inclusive effort that cuts

across sectors and ministries,” she added. Semedo cited agroecology as “an example of the transformation we need”. “Agroecology, combining scientific research and local and traditional knowledge, allows the development of sustainable practices and improved knowledge about agricultural ecosystems,” she added. The Deputy Director General of FAO expressed “the need to build bridges between the sectors, identify synergies, align goals and develop integrated cross-sectoral approaches to mainstreaming biodiversity into agricultural sectors” and proposed “through the creation of a platform for mainstreaming biodiversity, to support its members to commit to concrete and measurable transformative steps towards sustainable crop and livestock agriculture, and fisheries and forestry practices.” Some 10,000 participants are gathered for a two-week meeting in Cancun to discuss ongoing implementation of the CBD, which since coming into force in 1993 has adopted 367 decisions. The COP13 will focus on mainstreaming biodiversity across relevant sectors, especially agriculture, fisheries, forestry, and tourism, to contribute to the sustainable development goals, climate action, food security and other human development goals.

of IITA management, create an environment where scientists work with minimum disruption, and facilitate autonomous hubs where decision making rests with the hub director,” DG Sanginga said. He also noted that IITA must increase its funding support to about $200 million per year over the next five years to deliver targeted impacts on African agriculture. “This funding strategy recognises both the urgency of immediate action and the importance of longer term investment for lasting solutions. It both maintains a critical mass and diversity of scientists in Africa and improves the laboratory facilities to cutting edge levels and increases the efficiency of our operations… IITA’s major tasks are to launch an aggressive resource mobilisation effort and restructure the organisation to have impact in this new and changing environment, especially in Africa. Applying country and donor priorities therefore provides the most viable basis on which to make decisions… engaging the private sector and young entrepreneurs, demonstrated capacity development, and transparent technical and financial reporting—all reflective of IITA’s four strategic pillars of impact, quality of research, partnerships, and internal organisation.”

T H I S D AY • TUESDAY, DECEMBER 6, 2016

BUSINESSWORLD

PERSPECTIVE

Oil and Gas Sector Roadmap in Focus Buhari’s plan for the oil sector focuses simultaneously on boosting earnings from petroleum to funding government operations and diversification, as well as achieving sustainable financing for oil and gas operations in the long-term, writes Joseph Terpase Namor Few can dispute this fact: Dr. Emmanuel Ibe Kachikwu has with the support and backing of the President, Muhammadu Buhari at several levels more than lived up to the hype that greeted his appointment to lead the President’s reform agenda in the oil and gas industry. He has proven himself as a private sector technocrat and change agent for Nigeria’s oil and gas industry by initiating structural and institutional reforms which have had wide-ranging impact on the industry. Anyone familiar with what is happening in the Nigerian oil and gas industry will agree that the former Exxon Mobil Vice Chairman has fundamentally changed things. The past two years of the industry under his leadership have witnessed some of the most positive and profound developments in the last three decades. A few examples: Breaking with the long-standing tradition of opaqueness in the oil industry by making public the full operational accounts of the NNPC and doing away with the contentious fuel subsidy program. Also the historic restructuring of the NNPC into six strategic business units and implementation of a series of wide ranging reforms which have succeeded in putting the corporation back on the path of profitability after decades of operating at a loss. t is no surprise a consensus of opinion is that the Kachikwu leadership is moving the industry in the right direction. At a time when government revenues have drastically declined as a result of the crash in global oil prices, the Minister has been doing a commendable job of ensuring steady increase in revenues from oil to help get the country out of recession. This is because, even though the government’s plan to diversify the economy is the right one given the historic turbulence that defines the global oil industry and the painful effects on our local economy, diversification, as the experience of other countries shows, does not happen overnight. It requires focus, consistency and lots of time. That is why oil and gas still represents Nigeria’s best route out of the current economic crisis. As President Muhammadu put it during the recent launch of the new oil industry roadmap, 7 Big Wins in Abuja: “The golden era of high oil prices may not be here now but oil and gas still remains… a critical enabler for budget implementation as well as source of funds for laying a strong foundation for a new and more diversified economy”. In a pithy reinforcement of the same point, Kachikwu said recently at the launch of the Hydrocarbon Committee in Abuja: “Oil got us where we are now, it will get us out”. The new focus is in line with the Minister’s thought leadership and an innovative approach to solving perennial problems in the sector. He has been consistent in churning out strategic measures to boost investment in the oil and gas sector while addressing the long term imperatives of building a sustainable foundation for the sector. The key objective is clear: to significantly reduce the burden of financing on government and create a conducive environment that can attract private sector finance for accelerated growth. On the 17th of November, the Minister recorded a historic milestone in the country’s efforts to tackle this perennial problem of inadequate funds for financing oil and gas operations in the country when he announced the elimination of cash call financing regime which has been in existence for several decades. This followed the National Economic Council’s (NEC) approval of his proposal for a new private sector-led funding regime for Joint Venture (JV) oil and gas operations in the country. The new funding regime is remarkably different from the previous arrangement. For one, it puts the private sector in the driving seat of financing oil and gas operations from the year 2017. The government will no longer directly contribute to the JV projects. Rather,

Kachikwu government contribution will be funded by the financial sector under an arrangement that will allow the banks to recover their monies while the federal government will only collect dividends from the profits. This will free-up the government from the annual ordeal of budgetary cash call obligations and increase the money available for budget financing. Two, the alternative funding mechanism

Although a lot of these initiatives are yet to take off fully, the quality of thinking that has evidently gone into them and the huge potential impact on the sector provides proof that the oil sector is finally beginning to work for Nigeria as opposed to a few wealthy persons and multinationals

is projected to increase investment into the oil and gas industry while driving down the cost of oil production. According to the Minister, about $15 billion fresh investment is expected to flow into the country as a result of this measure. The technical cost of oil production is also expected to come down from about $27 to $18 per barrel thereby significantly increasing government revenues. The new arrangement is assured to scale up investments in the oil and gas sector, while also boosting production output and revenue significantly. “For instance, net payment from oil production to the Federation Account is expected to peak under the new arrangement to about $18 billion by year 2020, while raising output to 3 million barrels per day,” Mr. Kachikwu explained. Under the previous arrangement, the burden of financing oil and gas exploration and production lay heavily on the government through budgetary provisions. It was such that the Nigerian National Petroleum Corporation (NNPC) which holds the government’s interest in the six JV operations with International Oil Companies (60% with ExxonMobil, Chevron, Total, Agip and Elf, and 55 per cent in the JV operated by Shell) was required to contribute to the approved annual budget for all programmes in accordance to its equity holding, while profits and losses were similarly shared. Of course, for all kinds of reasons, this arrangement never worked as planned. Though designed as a convenient tool for partners, the system was abused by politicians and vested interests and mired in all kinds of controversies. Even during the golden era of global oil prices, when prices hovered within the range of $110 to $140 per barrel, the country consistently failed to pay up on its obligation to the JV partners. As a result it racked up a cumulative cash call arrears

of over $6.8 billion from 2010 to 2015. The defaults also forced IOCs to drastically scale down explorations and production plans which significantly slowed down development and growth in the sector due to inadequate finances. Besides, the government in addition to handling current obligations had to make annual budgetary provisions running into billions for the payment of the cash call arrears. The abuse of the program actually ended up turning it into a monster with a choking grip on the development of the industry. It is therefore highly commendable that Kachikwu summoned the courage to tackle it frontally. Not done with re-setting the financing framework, Kachikwu has also championed a historic settlement of the $6.8billion cash call arrears with international oil companies in a landmark deal that will save the country about $1.7 billion. This reduces the total owed IOCs to $5.1billion. Under the terms of the settlement, Nigeria will only pay western energy companies (Shell, ExxonMobil, Eni, Chevron and Total) $5.1bn to cover arrears of exploration and production costs between 2010 and 2015. The amount is to be paid within five years at zero interest. Another sweetener extracted in the landmark agreement is that the payment will only come from additional barrels generated, not from the 2.2 million barrels. Once the agreement kicks in, it is expected that it will attract over $15billion of investment The deal which is to be finalized before the end of the year will bring to an amicable end the protracted dispute over the arrears between the country and the oil majors and create a conducive environment for greater foreign investment in the sector. Kachikwu has been very pro-active and nimble in his response to the challenges that the country is facing. The $15billion cash-raising oil deal with India is a good example of his capacity to leverage what we have to get immediate cash to make up for the huge hole in national revenues. While the deal is far from concluded, the idea is for the Indian government – a long time buyer of Nigeria’s crude - to make an upfront payment to Nigeria for crude purchases. This, is to be repaid on the basis of firm term crude contracts over some years and in consideration for Indian companies collaborating in the refining sector as well as exploration and production activities on a government-to-government basis. In pursuit of the plan, the minister embarked on a three-day visit to India and held bilateral meeting with his Indian counterpart, Shri Dharmendra Pradhan. An MoU is expected to be firmed up in December 2016 to this effect. It is a notable development because in 2014, India took over from the United States as the largest importer of Nigerian oil. While India’s imports had gone up to 30 per cent of Nigeria’s crude, the U.S., which initially reduced its oil demand from Nigeria to 250,000 barrels per day, later completely stopped oil imports from Nigeria due to increased domestic shale gas and oil production. Although a lot of these initiatives are yet to take off fully, the quality of thinking that has evidently gone into them and the huge potential impact on the sector provides proof that the oil sector is finally beginning to work for Nigeria as opposed to a few wealthy persons and multinationals. It demonstrates what the focused leadership of the minister and strong political support of the President can achieve for the country. And it also confirms that the sector is still very capable of attracting more finance and revenues that the country needs to get out of the present recession. - Namor is a public policy analyst based in Abuja

T H I S D AY • TUESDAY, DECEMBER 6, 2016

PROPERTY & ENVIRONMENT UPDC Inaugurates The Residences Apartments in Amuwo Odofin UACN Property Development Company (UPDC) has inaugurated its third project, The Residences Apartments, on the same grounds as the Golden Tulip Hotel, and Festival Mall, creating a work-live-andplay environment in Amuwo Odofin, Lagos, for those who desire it. Bennett Oghifo reports

L-R: Chief Executive OfficeA UPDC’s The Residences Apartments in Amuwo Odofin, FESTAC, Lagos

ACN Property Development Company conceived The Residences Apartment as a facility independent of the Golden Tulip Hotel, meaning investors are expected to buy the apartments and either chose to live there or rent/lease their apartment, as arranged with the company’s management. UPDC Residences... The Residences is situated right next to the Golden Tulip Hotel a 4-star hotel that offers a wide range of services and facilities to business guests and leisure visitors with its tastefully finished rooms, banquet hall and meeting rooms, fully fitted gym with spa and sauna, bars, adult and children swimming pool, squash court, exotic lush tropical garden, marque (for weddings and occasions) and a Michelin starred restaurant that provides both African and Continental cuisine in buffet to satisfy even the hungriest of guests. The Residences is unique and ultracontemporary development with 192 units of 1 & 2-bedroom luxury serviced apartments with fully fitted open-plan kitchen. Each unit is fitted with the very best in quality fixtures and fittings with the finishing done to above industry standards to deliver value for money and offering a new lifestyle to residents.

The Residences has a rooftop terrace that allows residents to take in the picturesque and breathe taking views of the Lagos skyline and can also be used for parties. The Residences is encircled around a host of amenities and facilities (the first of its kind in Lagos) that would make life easy for residents and greatly reduce the strain of driving through Lagos traffic to enjoy quality leisure time or retail shopping experience. A major benefit for residents living in “The Residences” is that they will have access to enjoy the services of the hotel although at a much subsidized cost. Directly opposite “The Residences” is the Festival Mall. The Festival Mall is a retail facility that offers 10,000 sq.m of retail space catering to the immediate geographic area. The mall has Shoprite and Silverbird Cinema as its anchor tenants. The multiplex cinema has 4 viewing bays. The mall also has a range of retail line and F&B shops offering different products such as high street designer fashion, telecoms, health and beauty, pharmaceutical, adult and kids boutiques, fitness and electrical. Lastly, it has food court for food retailers. The Residences has a sewage treatment plant, borehole and water treatment plant, fire alarm system, burglar alarm system, extensive parking space and comprehensive facility management. UPDC concept...

Managing Director UACN Property Development Company, Mr. Hakeem Ogunniran stated that “Our plan was to create a node for hospitality, residence, shopping and entertainment. We have almost completed this process with the Golden Tulip Hotel, Festival Mall and now the Residences apartment. “We have concluded the renovation and conversion of the third building into 198 flats of one and two Bedroom apartments. Today we have 198 apartments which we have put in the market and are gratified that about 50% of the units have been bought. The first set of owners is ready to move in and would be handed their keys today.” The inauguration, he said was an important milestone for UACN Property Development Company (UPDC), in the process of creating a unique real estate in this part of Lagos. Ogunniran said, “When we acquired this place, it had been abandoned for almost eight to 10 years, only the former Durbar Hotel stood here. We set out with a desire create a Work, Live, Play Environment in this place and we are glad that with the commissioning of The Residences apartments that dream has become a reality.”

partnership with Natanelflorens under a rent to own scheme has also helped to push the property into the market. “We are confident that by the middle of next year this place would be fully occupied given what we have already done. We have also partnered with a major power provider to generate a 5 Megawatt IPP scheme that powers the hotel, the Mall and the Residences. We thank the Lagos State Government for its infrastructural projects that has significantly added value to the area.”

Lagos Government’s reaction... Lagos State Government commended UPDC for completing the project. The Commissioner for Housing, Mr. Gbolahan Lawal said, “It is in line with our policy to encourage the private sector utilise the underutilised government facilities and turn them into high value real estate. UPDC through its many housing projects in the state has helped to ensure investments, create jobs, enhance standard of living and is slowly changing the face of Lagos. Lagos State has a three million housing deficit and the government would continue to partner with the private sector to bridge that gap. Through reforms currently been undertaken in the Investment plan... housing ministry and improved infrastructure UACN Property Development Company has across the state we would be on our way a plan to ensure fast uptake of the units. “Our to achieving

T H I S D AY • TUESDAY, DECEMBER 6, 2016

PROPERTY & ENVIRONMENT

NIHTE Chair Advocates Combination of Concrete, Asphalt in Road Construction Fadekemi Ajakaiye Chairman, Nigerian Institution of Highway & Transportation Engineers (NIHTE), Dr. Isa Usman Emoabino has advocated the use of concrete and asphalt overlay in road construction in the country. According to the chairman, concrete roads are highly durable, less fuel use and environmentally friendly, compared to asphalt roads, but concrete construction cost far exceeds that of asphalt for same road type. Emoabino stated this in his presentation, ‘Concrete Road in Nigeria: Durability, Acceptability and the Economic Benefit to a Developing Nation’, as guest speaker at the 20th annual Construction and Engineering Digest (CED) forum/award at Ikeja, Lagos, recently. Asphalt road, he said provides better safety of the vehicle against heavy rains, snow and skidding, but that “composite pavement that combines the advantages of concrete for high load carrying capacity and asphalt for safety would be more sustainable for a developing nation, especially for Nigeria where maintenance budget is always low or sometimes zero.” He said, “The alarming rate of deterioration of our road network/infrastructure, despite the enormous amount of budgetary allocations suggests strongly that the road sector is in dear need of attention, reforms, and alternatives.” Composite Pavement, he said is asphalt overlay on concrete. “Typically, composite pavements are asphalt overlays on top of concrete pavements; The asphalt overlay may have been placed as the final stage of initial construction, or as part of a rehabilitation or safety treatment; Composite pavement behaviour under traffic loading is essentially the same as rigid pavement.” Selecting a pavement type is an important decision, the chairman said, stating that “The 1993 American Association of State Highway and Transportation Officials (AASHTO) Guide states, “The selection of pavement type is not an exact science but one in which the highway engineer must make a judgment on many varying factors. . .” There are principal and secondary factors to consider in the selection process. Rigid Pavement Types... Different pavement types use different types of joints and reinforcement to control the forces acting on the concrete pavement. He said, “These forces include curing shrinkage of the concrete, environment changes and traffic loads; Forces in the concrete pavement will cause cracks to form without traffic; The designer can select the location where the joints will be placed and, consequently, where the cracks will form. Joints may be thought of as “controlled cracks” that will reduce the stresses the

concrete will experience during its life and greatly increase the life of the concrete pavement. Through the use of reinforcement, the location and spacing of cracks can also be controlled. Two types of concrete pavements commonly used are continuously reinforced concreted pavement (Deck on Piles, Bridges, Ports, Airports Runways) and jointed concrete pavement (Petrol Stations). Durability of Concrete Roads... He said “Concrete roads are durable and safe; less prone to wear and tear; low maintenance requirements; long-term performance (40years) of rigid pavement (depends on proper pavement design, materials selection, good construction practices). Poor construction practices have resulted in premature failures of rigid pavement (Expert supervision is essential); safety depends on the finishing, shoulders among others. Acceptability... He gave the advantages of concrete roads as durability and maintenance-free life. “Concrete roads have a long service life 40 years, whereas asphalt roads last for ten years. Moreover, during this service life concrete road do not require frequent repair or patching work like asphalt roads. Vehicles consume less fuel: A vehicle, when run over a concrete road, consumes 15-20% less fuel than that on asphalt roads. This is because of the fact that a concrete road does not get deflected under the wheels of loaded trucks. Resistant to automobile fuel spillage and extreme weather: unlike asphalt roads, concrete roads do not get damaged by the leaking oils from the vehicles or by the extreme weather conditions like excess rain or extreme heat. Greener process: Asphalt (bitumen) produces lots of highly polluting gases at the time of melting it for paving. Also, less fuel consumption by the vehicle running on a concrete road means less pollution. Economic Benefit/Affordability... Affordability for a developing Nation where numerous infrastructure needs seek the attention of inadequate funds. Paving cost: The initial construction cost of the concrete road is generally higher compared to asphalt paving. Maintenance Problem: In case the concrete road breaks, the whole concrete slab needs to be replaced leading to higher costs Safety features: In rainy season vehicles tend to slip or slide on concrete road due to rain. So could be prone to more road accidents. Economic benefit... Emoabino said, “For economic benefit on Nigeria roads, Composite Pavement structure should be considered.”

Propertygate’s Gateview Court, Lagos Fadekemi Ajakaiye As part of the strategic plan to address the housing needs of different sectors of its clients, a frontline real estate development company, Propertygate Development and Investment PLC has delivered an estate of modern housing units for the medium income earners. The company’s recent unique project christened “ Gateview Court “ is a residential scheme located at highbrow Lekki Peninsular, of Lagos State. Besides, the company’s has continued to place premium on the principle of making an environment livable through attractive landscape, paved ways and provision of essential amenities such as water and backup generators to manage power outage. In a statement signed by the

company’s Managing Director and Chief Executive Officer, Mr. Adetokunbo Ajayi, the recently completed buildings had been delivered to the waiting clients. Ajayi who provided an overview of the concept, features and benefits of the project stated thus: “Propertygate Development and Investment Plc delivers yet another impressive housing units on the Lekki peninsula corridor of Lagos state. This unique project, christened “Gateview Court’, is a private gated residential scheme located in a serene environment on the high-brow Lekki peninsula. “Built with elegance and style, Gateview Court comprises 3-bedroom terraced houses, each with an attached 1room ensuite boy’s quarter. The scheme is adorned with

a beautiful landscape and paved areas, and serviced with mini water works to provide constant water supply, generator for backup power, underground armored cabling to guarantee safety, external lightings and security post,” Ajayi said. Commenting on the project’s features, Ajayi explained that the interiors were tastefully finished in quality tiles, beautiful kitchen furniture with granite top, well finished wardrobes, modern lightings, quality shower cubicles, water closets and water heaters, security doors for external openings, good interior doors and windows with insect screens among others. “The scheme has been done with special focus on communal living, Gateview Court is managed and serviced,

hence providing residents with a chance to live in comfort and style, while avoiding the rigours of property management that comes with such level of comfort. Gateview Court is well spaced with adequate parking space for its residents.” Speaking on the target clients for the new project, Ajayi stated that it was specifically meant for the middle class. “The scheme which was targeted at the medium income earners at affordable pricing was a success judging by its reception by the market. “This reaffirms our belief that quality and value as key components of our products will always enjoy market attention. “We thank our customers who have kept faith with us. We assure them, including other stakeholders of our continuous commitment,” Ajayi said.

Propertygate’s Gateview Court, Lagos

Cameroon Suspends 23 Companies for Logging Infractions Cameroon has suspended the logging rights of 23 operators for failing to comply with the legal and regulatory framework. The suspensions, outlined in a letter issued by the Minister for Forests and Wildlife on 7 November 2016, will last six months. The infractions include unauthorised logging, fraudulent use of documents and failure to comply with contractual obligations linked to the contract or with technical operating standards. Two community forestry groups also face six month bans. The suspensions are the latest in Cameroon’s growing efforts to tackle illegality in the forest sector. In the first quarter of 2016, Cameroon suspended the licences of four logging companies, issued 35 other companies with warning notices and generated 54.2 million FCFA (82.6 million euros) in fines related to illegal activities in the forest sector. Ghana advances towards FLEGT licensing... Ghana is making good

progress in implementing its Voluntary Partnership Agreement (VPA) with the EU ahead of FLEGT licensing, according to the joint body that oversees implementation of the agreement. The Ghana-EU Joint Monitoring and Review Mechanism (JMRM) met on 17 November to discuss the rollout of Ghana’s wood tracking system, improved governance and outstanding issues to be addressed before FLEGT licensing can begin. When issued, the FLEGT licence will enable Ghana’s timber products to enter the EU market without importers having to do further due diligence to meet their obligations under the EU Timber Regulation. Ghana has now rolled its wood tracking system out to 17 districts, accounting for 45% of timber production, and expects to complete the rollout by the end February 2017. In addition to these advances, Ghana is also addressing illegal logging in its domestic market, as well as

regional trade. It is rolling out a new system for tracking timber on the domestic market that involves both suppliers and traders, and requires proof of legality through the chain of custody. Ghana has drafted new legislation which aims to improve forest governance and help Ghana meet the terms of the VPA by enhancing transparency, generating benefits for communities and clarifying the allocation of all timber rights. The legislation includes requirements for ‘special permits’ to be converted to ‘timber utilisation contracts’, and for all holders of commercial logging permits to negotiate social responsibility agreements with adjacent communities. “This instrument has strong civil society and private sector involvement and support,” said Musah Abu-Juam, Technical Director of Ghana Ministry for Lands and Natural Resources. “It strengthens the Legality Definition which underpins the Agreement.”

The draft ‘timber resources management and legality licensing regulation’ will be submitted to parliament for enactment early in 2017. The parties to the VPA anticipate that they will soon be ready to launch their final joint assessment of Ghana’s timber legality assurance system, to confirm it is operating as described in the VPA ahead of FLEGT licensing. “These major achievements show that Ghana continues to strengthen forest governance through the VPA and is advancing toward FLEGT licensing,” said Benoist Bazin, Team Leader for Infrastructure and Development at the Delegation of the European Union to Ghana. “Good governance of Ghana’s forests is crucial to sustainable development. Moreover, it helps both Ghana and the EU contribute to achieving the world’s Sustainable Development Goals, mitigating climate change and protecting biodiversity.” (Source: EU FLEGT Facility)

T H I S D AY • TUESDAY, DECEMBER 6, 2016

PROPERTY NEWS

World Water Forum to Hold in Senegal Members of the Board of Governors of the World Water Council elected the capital city of Dakar and the country of Senegal to host the 9th World Water Forum in 2021. A statement by the Council said, the selection followed a rigorous evaluation process. “The candidature of Dakar was unanimously approved by vote conducted during the 60th meeting of the Board of

Governors held on Saturday morning in Marseille.” The 9th World Water Forum theme will be “Water Security for Peace and Development.” The World Water Forum is the world’s largest water event, gathering every three years more than 20,000 participants: international organizations, political leaders, parliamentarians and mayors, representatives of civil society, water professionals and

scientists. “I am glad to see the World Water Forum coming back to Africa after the very first Forum in Marrakesh in 1997. The 2021 edition will be a first in the sub-Saharan region, where collective and innovative solutions to water and sanitation challenges are greatly needed,” stated the President of the World Water Council, Benedito Braga.

The vote remains “conditional” upon the signature of an agreement between the World Water Council and the hosts of the 9th Forum so as to specify their terms of agreement. In the meantime, the next World Water Forum, being held for the first time in the southern hemisphere, is planned for spring 2018 in Brasilia, Brazil, under its central theme “Sharing Water.”

www.worldwatercouncil.org@ wwaterforum8 The World Water Council is an international multi-stakeholder platform organisation, the founder and co-organizer of the World Water Forum. The World Water Council’s mission is to mobilize action on critical water issues at all levels, including the highest decision-making level, by engaging people in debate

and challenging conventional thinking. The Council focuses on the political dimensions of water security, adaptation, and sustainability, and works to position water at the top of the global political agenda. Headquartered in Marseille, France, and created in 1996, the World Water Council brings together over 300 member organisations from more than 50 different countries.

Climate Finance Mobilisation Required to Strengthen NDC Ambition, Says new Report The African Development Bank (AfDB) Climate Investment Funds (CIF) unit released in November a new study which details regional member countries’ progress in ratifying the Paris Agreement and their efforts to transition Intended Nationally Determined Contributions (INDCs) into Nationally Determined Contributions (NDCs). The report found that in many countries, projected contributions will be conditional based upon receipt of climate finance support. On 4 November 2016, the Paris Agreement, which aims to limit the average global temperature increase by 2100 to well below 2°C through adaptation, mitigation and financing efforts, entered into force ahead of the 22nd Conference of the Parties to the United Nations Framework Convention on Climate Change (COP22). The Agreement calls for INDCs—national climate mitigation and adaptation plans to constrain harmful greenhouse gas emissions—to be transitioned to NDCs, which will form the foundation of the post-Kyoto multilateral climate regime. Half of the African countries have already taken the first steps toward ratification of the Paris Agreement and thirteen of those countries are pilots under the USD 8.3 billion CIF. As an implementing agency of the CIF geared to helping African countries achieve NDCs, the AfDB undertook the study, “Transitioning from INDCs to NDCs in Africa,” to understand the challenges countries face with respect to ratifying the Paris Agreement. Based upon extensive interviews with government, private sector and civil society stakeholders, the study provides an overview of regional (I)NDCs from CIF pilot countries. It further addresses efforts in transitioning toward NDCs and discusses dedicated policy planning and measures underway to implement and achieve INDC goals in six focus countries—Cameroon, Ethiopia, South Africa, The Gambia, Tunisia and Uganda. The countries were selected as case studies based on criteria including size, development status, geographic spread, language, ambition, and CIF engagement. Gareth Phillips, AfDB Chief Climate Change and Green Growth, stated, “As countries look to integrate their development paths with their commitments under the Paris Agreement and the UN Sustainable Development Goals, the AfDB is reshaping its institutional approach to bolster that shift. AfDB-CIF support is

focusing on helping countries fulfill their NDCs, successfully balance mitigation and adaptation in their climate responses, and maneuver among various climate funding sources.” According to the study, support in preparing funding proposals will help alleviate a major impediment to operationalizing mitigation commitments, empowering governments to view climate finance as an accessible and reliable vehicle to mobilize future infrastructure and development investments. And, as CIF activities require the potential for either scalable pilot activities or sectoral reform, they are more likely to result in transformational impact required by many funds, such as the Green Climate Fund (GCF). “Once countries witness the mobilization of climate funding, confidence is expected to increase, which will likely strengthen NDC ambitions. Moving forward, in addition to mobilizing financing, the AfDB is well-placed to help fully integrate CIF-funded activities with (I)NDCs and harmonize monitoring, reporting and verification systems for NDC reporting,” AfDB Consultant, Axel Michaelowa highlighted. The study also noted that some governments have begun to view their NDC not only as a binding contribution to global climate action, but at the same time, as an opportunity to showcase the country’s attractiveness for investments into a low-carbon future. With approved projects totaling USD 2.1 billion, today’s AfDB-CIF portfolio contains 39 policy-based Investment Plans which link their climate actions to their national development policies in various stages of preparation and development. Of these, 21 contain a total of 41 projects going through the range of development from preparation to implementation. Climate Investment Funds (CIF)... Established in 2008, as one of the largest fast-tracked climate financing instruments in the world, the USD 8.3 billion CIF provides developing countries with grants, concessional loans, risk mitigation instruments, and equity that leverage significant financing from the private sector, multilateral development banks and other sources. Five MDBs – the African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, Inter-American Development Bank, and World Bank Group – implement CIF-funded projects and programmes.

L-R: Special Adviser to Lagos State Governor on the Environment, Mr. Babatunde Hunpe; Commissioner for the Environment, Dr. Babatunde Adejare and Permanent Secretary, Ministry of the Environment, Mr. Adeyemi Saliu, during a monthly media briefing by the Ministry, in Alausa Lagos……recently KOLA OLASUPO

Building Collapse is often Man-made, Avoidable, Say Professionals 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. It is important to note that the 2010 law was the outcome of a comprehensive work that entailed wide consultation of members of the aforementioned professional bodies, Obas, chiefs, academia, civil societies, artisans and the public generally. The process lasted about two years. “The problem we identify here is not the law itself but its implementation. However, the regulations that supposed to accompany the law have been subjected to intrigues and suspicion within the system. “Following the incessant collapse of buildings in Lagos, the government in May, 2013 inaugurated a Tribunal of Enquiry on Building Collapse. By November, 2013, the Tribunal submitted its report. Though the tribunal was skewed as it showed poor representation of built environment professional bodies, its recommendations remain in the dark and are unimplemented till today. “In view of the foregoing, this recently constituted 5-man committee’s work might turn out to be a mere academic exercise and a waste of resources. “The essence of separating officials who would approve building plans at pre-construction stage from officials for site inspection at construction stage is to establish a mechanism for checks and balances, that emphasises the separation of powers and relationship between Planning Permit Authority

and LASBCA as established in the 2010 Physical Planning law and Building Control. “However, the moment the officials of the two sectors become interchangeable, the objective is defeated. For instance, when town planners, whose primary responsibility is within the Planning Permit Authority, are now transferred to constitute over 50% of LASBCA staff, such a step is antithetical to the goal of physical planning and building control regulations.” They noted that there is no accurate data on the number of buildings under construction in Lagos State. The Lagos State government should embark on urgent enumeration of building sites in the state. “Professional bodies are ready to partner with the government for the success of this initiative. “There should be adequate monitoring of all projects going on in the state no matter who the clients or developers are. All project developments in the state should be monitored to ensure appropriate professional inputs at both design and construction stages. “The spate of foundation failure, especially piling requires immediate government intervention. Therefore, the geotechnical sector, that is, soil test and piling activities should be regulated to prevent future collapse of buildings/ structures induced by mistakes from the geotechnical or foundation sector. “Government should help address the problem of undersized and immature timber members (planks) in the market.

T H I S D AY TUESDAY DECEMBER 6, 2016

TUESDAY DECEMBER 6, 2016 T H I S D AY

T H I S D AY TUESDAY DECEMBER 6, 2016

T H I S D AY •TUESDAY, DECEMBER 6, 2016

BUSINESS/MONEYGUIDE

CBN to Auction Dollars for Fuel Import Nume Ekeghe with agency report The Central Bank of Nigeria (CBN) has directed banks to submit bids for a “special currency auction” targeting fuel importers to meet demand for matured letters of credit. Traders said the central bank sent a message to banks on Monday to submit backlog dollar demand from fuel importers for a special intervention. Nigeria consumes 45 million litres of gasoline a day, or roughly 280,000 barrels, which would require the market to provide some $18 million a day. Importers cover about 30 per cent of this, with the state oil firm covering the rest, which is a big strain on the market

for dollars. The West African nation has four refineries but decades of neglect mean it needs to import petroleum products. Fuel shortages often occur in Nigeria during festive periods such as Christmas and Muslim holidays. Reuters quoted traders to have said the government wanted to ensure that fuel retailers had enough products, so it was channelling dollars to them and also to avoid shortages which in May crippled banking, airline and telecom services. Nigeria is in its deepest recession in 25 years, worsened by falling crude output as militants attack pipelines in the Niger Delta, the heart of its production, and global prices remain low, choking off dollars needed to fund

imports. The dollar shortage has caused many companies to halt operations and lay off workers, compounding an economic crisis. It was not clear at what rate the central bank would sell the dollars. In May, the government agreed a deal with oil firms in Nigeria to sell their dollars directly to fuel importers, to end months of scarcity partly caused by a currency shortage after it hiked fuel prices by 67 per cent, using an exchange rate of N285 per dollar. The naira has been stuck at around N305 per dollar on the official market for more than two months since the central bank in June abandoned its dollar peg of N197 against the currency. It was quoted at N485 on the black market yesterday.

BoI Lists 200 Beneficiaries for FG’s N140bn Micro Credit James Emejo in Abuja The Bank of Industry (BoI) has enlisted 200 beneficiaries in Kano for the N140 billion Government Enterprise and Empowerment Programme (GEED) initiated by the federal government. GEED is one of the five pillars of the federal government’s social investment intervention scheme aimed at empowering vulnerable groups in the country. Other programmes under the social investment intervention scheme include, the Home Grown School Feeding Programme, the Conditional Cash Transfer Programme, the Job Creation Programme N-Power, and the Student Busary Programme. Speaking during a town hall meeting with the Vice President, Yemi Osinbajo in Kano, the Minister of Women Affairs, Sena-

tor Aisha Alhassan, said GEEP, which is being implemented by the development finance institution was designed to provide micro credit to artisans, farmers, market women and entrepreneurs engaging in productive enterprise. The meeting afforded the vice president the opportunity to interact with traders, market men and women, artisans, food vendors and small business owners on the social intervention programmes of government. According to the minister, each beneficiary who must belong to a registered association or cooperative, is entitled to a loan between N10,000 and N100,000 repayable within six months. She said the bank would disburse the loans directly to beneficiaries’ personal accounts with verifiable BVN. According to her, “Loans will

be disbursed and repayment collected through local banks and money agents in order to reach remote areas where there are no banking facilities. Group leaders will be required to help mobilise their members for verification and repayment of the loans promptly. “The loans are interest free and no collateral is required. There is only an administrative charge of 5% which covers the bank’s expenses for administering the fund. Payback period is 6 months and there is a one-month grace period after getting the loan before repayment starts. “A weekly recovery plan has been prepared to ease repayment for beneficiaries. For example, a loan of N10,000 will be repaid through a weekly repayment of approximately N440 while a N50,000 loan requires about N2,200 weekly repayment.”

UBA, Moroccan Bank Sign MoU on Trade Finance Pan-African banking groups, Attijariwafa Bank and United Bank for Africa (UBA) Plc, in the present of President Muhammadu Buhari and His Majesty King Mohammed VI signed a Memorandum of Understanding (MoU) to strengthen their collaborative efforts in correspondent banking, investment funding, trade finance and project finance on the African continent. The framework document, which outlined key areas of cooperation between Attijariwafa and UBA, was signed during the official visit of His Majesty King Mohammed VI to President Buhari at the Presidential

Villa Abuja recently, by Mr. Tony Elumelu, Group Chairman UBA and Mr. Mohamed El Kettani, Chairman and CEO of Attijariwafa Bank Group. In accordance with the MOU, both banks will organise business to business missions to identify and develop business and investment opportunities, not only between Nigeria and Morocco, but across their respective African networks. Elumelu, while commenting on the MoU said: “This collaborative effort is a historic milestone. As two groups with considerable footprints in Africa, we see huge potential in bringing our col-

lective expertise in banking to provide Africa-led solutions to the needs of Africans.” Chairman and CEO of Attijariwafa said: “Nigeria is the largest African economy and a leading commercial and financial hub in West Africa. It goes without saying that our group should collaborate with outstanding players, such as UBA Plc, to provide customized assistance to African and international companies to grow trade and investment flows, between not only Morocco and Nigeria, but also in all countries where our two groups are established.

FCMB Wins SME Development Award First City Monument Bank (FCMB) Limited, has been named the ‘Best African Small and Medium Enterprises Development Bank’ of the year by the African Association of Small and Medium Enterprises (AASME). The pronouncement was made at the 2nd Edition of African International Small and Medium Enterprises Economic Summit and Award (AFRI-SMEs 2016), which recently held in Aba, Abia State.

AASME is a coalition of micro, small, medium businesses, associations, operators, owners and individual manufacturers within Nigeria, extended into some African countries but headquartered in Aba. Some of the members include entrepreneurship and skill development cooperatives, palm kernel producers, import and export groups, garment, textile manufacturers, dealers, investment and development cooperatives as well as leather and allied products cooperatives

among others. Commenting on the award to President General AASME, Darlington Onuoha Kalu, was quoted in a statement to have said FCMB did not deserve and merit anything less, considering its pedigree and volume of support to SMEs over the years. “Its speed and positive response in various partnerships leading to the establishment, growth and development of small and medium scale businesses is very commendable.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

JUNE 2016 Broad Money (M2)

21,684,965.22

-- Narrow Money (M1)

9,125,933.16

---- Currency Outside Banks

1,379,187.93

---- Demand Deposits

7,746,745.22

-- Quasi Money

12,559,032.07

Net Foreign Assets (NFA)

7,105,663.47

Net Domestic Assets(NDA)

14,579,301.76

-- Net Domestic Credit (NDC)

24,318,143.03

---- Credit to Government (Net)

2,893,190.01

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

2,893,190.01

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

-2,111,487.25

---- Credit to Private Sector (CPS)

21,424,953.01

--Other Assets Net

-9,738,841.27

Reserve Money (Base Money)

5,370,199.87

--Currency in Circulation

1,684,725.89

--Banks Reserves

3,685,473.98 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

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

OPEC DAILY BASKET PRICE AS AT FRIDAY 2, DECEMBER 2016 The price of OPEC basket of fourteen crudes stood at $50.49 a barrel on Friday, compared with $49.35 the previous day, according to OPEC Secretariat calculations. The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

T H I S D AY • TUESDAY, DECEMBER 6, 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 2-Dec-16

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

25,740.83 8.86

25,743.03 8.86

0.01% 0.01%

106.93 8.33

106.96 8.33

0.03% 0.03%

01 Dangote Cement Plc

160.00

0.00%

2,726,481,184,800.00

9.20

17.38

4.80

5.00%

3.64

02 Nigerian Breweries Plc

145.00

143.06

1.36%

1,149,719,628,760.00

4.03

35.46

3.76

2.52%

6.92

03 Guaranty Trust Bank Plc

23.00

23.49

-2.09%

676,917,122,152.00

4.90

4.79

1.72

7.54%

1.40

815.00

820.00

-0.61%

646,014,845,380.00

8.81

93.06

3.76

3.54%

20.60

14.35

14.03

2.28%

450,539,685,829.10

3.91

3.59

0.93

12.83%

0.63

342.90

0.00%

189,730,106,327.70 -44.58

-7.69

2.44

4.64%

0.48

07 Lafarge Africa Plc

40.90

42.70

-4.22%

186,295,484,029.00

-9.39

-4.55

0.91

7.03%

0.96

08 Unilever Nigeria Plc

48.00

0.00%

181,598,220,000.00

0.69

69.35

2.74

0.10%

19.36

9.66

9.87

-2.13%

177,256,664,736.90

0.68

14.59

0.31

6.28%

0.29

44.07

0.00%

174,978,923,373.15

0.03

2.45

2.95%

4.18

11 Access Bank Plc

5.50

0.00%

159,103,843,970.50

2.59

2.13

0.45

10.00%

0.36

12 United Bank for Africa Plc

4.32

0.00%

156,727,553,711.04

1.75

2.47

0.47

13.89%

0.36

Table 4 Top 5 Losers

13 Stanbic IBTC Holdings Plc

14.50

15.00

-3.33%

145,000,000,000.00

2.04

7.37

1.07

0.67%

1.27

Stock

14 Guinness Nig Plc

80.33

89.00

-9.74%

120,967,998,142.04

-3.06

-29.10

1.30

3.60%

3.40

15 Mobil Oil Nig Plc

323.31

324.13

-0.25%

116,584,054,157.22

19.32

16.78

1.29

2.22%

6.31

16 FBN Holdings Plc

3.21

3.16

1.58%

115,223,889,862.32

0.21

15.23

0.21

4.75%

0.18

276.15

250.80

10.11%

93,758,955,287.55

38.02

6.60

0.32

5.58%

3.74

71.94

65.26

10.24%

93,700,490,549.82

3.31

19.74

0.55

5.29%

1.97

129.36

0.00%

82,866,769,357.68

-0.05

0.89

1.70%

3.73

20 Dangote Sugar Refinery Plc

6.08

5.80

4.83%

72,960,000,000.00

1.03

5.65

0.49

8.62%

1.12

21 International Breweries Plc

19.00

0.00%

62,590,736,320.00

0.02

843.25

2.35

1.32%

5.71

4.70

4.36

7.80%

56,562,708,801.80

-3.15

-1.38

0.21

17.20%

0.33

23 Flour Mills Nig. Plc

18.50

19.20

-3.65%

48,548,387,959.50

-1.19

-16.09

0.12

10.42%

0.51

24 Julius Berger Nig. Plc

35.00

0.00%

46,200,000,000.00

-2.95

-11.88

0.40

4.29%

2.43

25 Okomu Oil Palm Plc

38.01

0.00%

36,258,119,100.00

4.82

7.88

5.51

0.26%

2.25

26 U A C N Plc

16.10

16.20

-0.62%

30,925,916,630.70

3.37

4.80

0.41

6.17%

0.41

0.76

0.71

7.04%

29,427,958,043.00

-0.47

-1.52

0.53

0.00%

0.37

34.00

33.00

3.03%

23,800,000,000.00

2.28

14.45

3.46

3.48%

13.50

29 Fidelity Bank Plc

0.79

0.00%

22,880,442,696.68

0.39

2.04

0.15

20.25%

0.12

30 Custodian And Allied Insurance Plc

3.70

0.00%

21,762,897,521.50

0.76

4.85

0.60

3.78%

0.76

11.30

11.01

2.63%

21,223,683,052.00

0.50

22.05

0.74

11.81%

2.02

32 Wema Bank Plc

0.55

0.57

-3.51%

21,215,956,344.55

0.06

9.57

0.43

0.00%

0.46

33 Diamond Bank Plc

0.91

0.92

-1.09%

21,075,953,960.88

-0.29

-3.13

0.10

0.00%

0.09

34 Sterling Bank Plc

0.73

0.72

1.39%

21,017,005,231.98

0.29

2.50

0.19

12.50%

0.25

35 FCMB Group Plc

1.00

0.00%

19,802,710,781.00

0.61

1.63

0.12

10.00%

0.11

36 National Salt Co. Nig. Plc

6.65

0.00%

17,618,765,213.70

0.85

7.83

0.94

8.27%

2.38

37 Mansard Insurance Plc

1.64

1.72

-4.65%

17,220,000,000.00

0.28

6.17

0.90

2.91%

0.86

38 Glaxo Smithkline Consumer Nig. Plc

14.15

0.00%

16,921,652,305.20

-2.98

-4.74

0.60

2.12%

1.93

39 PZ Cussons Nigeria Plc

15.20

0.00%

15,200,000,000.00

5.69

2.67

1.06

0.66%

0.41

40 Continental Reinsurance Plc

0.97

0.00%

10,061,561,982.64

0.42

2.31

0.45

12.37%

0.54

41 Honeywell Flour Mill Plc

0.97

0.98

-1.02%

7,692,291,728.26

-0.40

-2.42

0.16

16.33%

0.23

42 Skye Bank Plc

0.50

0.00%

6,940,150,705.00

-2.93

-0.17

0.04

60.00%

0.07

43 Wapic Insurance Plc

0.50

0.00%

6,691,369,126.00

0.18

2.78

0.85

6.00%

0.41

44 Unity Bank Plc

0.52

0.53

-1.89%

6,078,455,729.84

-0.10

-5.17

0.10

0.00%

0.07

45 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

0.03

17.71

3.72

0.00%

1.94

46 Cement Co. Of North.Nig. Plc

4.05

0.00%

5,089,544,952.30

0.22

18.50

0.46

2.47%

0.47

47 AIICO Insurance Plc

0.57

0.59

-3.39%

3,950,216,553.60

0.22

2.65

0.14

8.47%

0.40

48 UACN Property Development Co. Limited

2.17

2.23

-2.69%

3,729,687,489.15

0.30

7.45

0.91

31.39%

0.11

49 Nigerian Aviation Handling Company Plc

2.21

0.00%

3,589,523,437.50

0.15

14.62

0.45

9.05%

0.60

50 Fidson Healthcare Plc

1.46

0.00%

2,190,000,000.00

0.24

6.20

0.33

3.42%

0.34

04 Nestle Nigeria Plc 05 Zenith Bank Plc 06 Seplat Petroleum Dev. Co. Ltd

09 Ecobank Transnational Incorporated 10 Presco Plc

17 Total Nigeria Plc 18 Forte Oil Plc. 19 7-Up Bottling Comp. Plc

22 Oando Plc

27 Transnational Corporation Of Nigeria Plc 28 Cap Plc

31 Cadbury Nigeria Plc

TOTAL

8,328,355,982,294.80

TOTAL MARKET CAP

8,855,113,806,377.24

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

94.05%

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

Close 5-Dec-16

Change %

Table 3 Top 5 Gainers Stock

Open 2-Dec-16

Forte Oil Plc. Total Nigeria Plc Oando Plc Transnational Corporation Of Nigeria Plc Dangote Sugar Refinery Plc

65.26 250.80 4.36 0.71 5.80

Open 2-Dec-16

Guinness Nig Plc Mansard Insurance Plc Lafarge Africa Plc Flour Mills Nig. Plc Wema Bank Plc

89.00 1.72 42.70 19.20 0.57

Close 5-Dec-16

Change %

71.94 10.24% 276.15 10.11% 4.70 7.80% 0.76 7.04% 6.08

4.83%

Close Change 5-Dec-16 % 80.33 1.64 40.90 18.50 0.55

-9.74% -4.65% -4.22% -3.65% -3.51%

Week opens with a meagre 0.01% gain Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, December 5th, 2016 ends on a bullish note as stock market close green due to renewed optimism. This was further highlighted by positive performance from the NSE subsectors: Banking, Consumer Goods and Oil & Gas (Save Insurance). Trading activities decrease in volume as 175.06 million shares worth of N3.14 billion in 3,048 deals exchanged hands today. This is a decrease from the 578.85 million shares worth of N1.35 billion in 2,258 deals which exchanged hands on Friday. Topping in volume terms were Nigerian Breweries Plc, Zenith Bank Plc and GTB Plc, while GTB Plc and FBNH Plc ended trading as the most active stocks in value terms. The All Share Index (NSEASI) closed positive with 0.01% (+2.20) increase to close at 25,743.03 from 25,740.83 the previous trading day. Market Capitalization appreciated in tandem to N8.86 trillion from N8.86 trillion of prior trading day. Similarly, the Thisday BGL 50 Index followed suit with a higher increase of 0.03% to close at 106.96 from 106.93 recorded at the end of the previous trading day, while its market capitalization stood at 8.33 trillion from 8.33 trillion of the previous trading day. A total number of 24 stocks gained on the bourse today while 13 stocks declined, 62 leaving stocks unchanged. Forte Oil Plc emerged as the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 10.24% to close at N71.94 per share. It was followed by Total Nigeria Plc with a gain of 10.11% to close at N276.15 per share. Others on the gainers list include: Oando Plc, Transnational Corporation Of Nigeria Plc and Dangote Sugar Refinery Plc; while on the decliners’ list, Guinness Nig Plc emerge with a loss of 9.74% to close at N80.33 per share. It was followed by Mansard Insurance Plc with a loss of 4.65% to close at N1.64 per share. Others on the decliners list include: Lafarge Africa Plc, Flour Mills Nig. Plc and Wema Bank Plc.

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

For more details go to www.thisdaylive.com

T H I S D AY •TUESDAY, DECEMBER 6, 2016

MARKET NEWS

Profit Taking Imminent as Market Records Marginal Growth Goddy Egene and Nosa Alekhuogie The Nigerian equities market began the week on a positive note yesterday as the Nigerian Stock Exchange (NSE) All-Share Index (ASI) rising marginally by 0.01 per cent close at 25,743.03. Although the marginal gain may mean that profit taking is imminent following a recovery witnessed

in the prices of stocks since last Wednesday. The market had rebounded last Wednesday leading to a week-on-week appreciation of 1.61 per cent after six weeks of decline. Market analysts at Cordros Capital Limited had last week explained that the rebound investors cherry-picking fairly priced, dividend paying stocks ahead of year end and the

announcement of OPEC’s output freeze deal with Nigeria among countries exempted.” When the trading started on Monday, the positive trend was sustained with a marginal growth, bringing the year-to-date decline of the index to 10.12 per cent. However, the positive performance was sustained on the back of continuous rally in oil and gas stocks, which offset

sell-off in industry goods and banking stocks. Commenting on the market performance, analysts at Meristem Securities Limited said trading activities in the Nigerian bourse mirrored the activities in the previous week, as they saw investors’ continued rally on the Ooil & gas stocks. “We foresee this trend may continue, while we do not

rule out the possibility of profit taking on some oil & gas counters,” they said. However, analysts at analysts at Afrinvest said: “The weak sentiment amidst flattish performance of the broader index highlights investors’ apathy for equities despite attractive valuation. We expect this to continue until the “Santa rally” begins to usher in a new year as investment managers

reposition portfolios.” A total of 15 stocks fell compared to others that declined. Forte Oil Plc and Total Nigeria Plc appreciated by 10.2 per cent apiece, while Oando Plc went up by 10.2 per cent. Transcorp Plc chalked up 7.0 per cent, just as Portland Paints and Products Plc, Dangote Sugar Refinery Plc and CAP Plc gained 4.9 per cent, 4.8 per cent and 3.0 per cent respectively.

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

T H I S D AY • TUESDAY, DECEMBER 6, 2016

MARKET NEWS

SEC, Fund Managers Plan E-Transfer to Collective Investment Schemes Goddy Egene As part of efforts to boost financial inclusion and ensure that more retail investors patronise the capital market through collective investment schemes, the Securities and Exchange Commission (SEC) and Fund Managers Association of Nigeria (FMAN) are working on how investors can pay for such investment using electronic funds transfer(e-transfer) channels. President of FMAN, Dr. Ore Sofekun disclosed this while speaking at the annual

workshop of Capital Market Correspondents Association (CAMCAN) of Nigeria held in Badagry, Lagos recently. She said that electronic transfer of funds will ensure confidence building between investors and fund managers and encourage more savings. Speaking on “Deepening Retail Investors’ Participation in the Capital Market, she said increase saving will accelerate economic growth. According to her, “If we really want to develop our country, we have to save for

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

long term.” Sofekun, who is also the Managing Director of Investment One VenCap, noted that in 2008 number of domestic investors who invested in the money market funds was higher than foreign investors. She said the foreign investors over took the domestic investors but when the economy was down, they went away with their dollars. “In United Kingdom, average investors save their money for six to seven years as a day a child is born, parents begin to

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 2-Dec-2016, unless otherwise stated.

save for his or her University education as both primary and secondary school education is free.” she said. Also speaking, the Vice President, Strategy and Corporate Services, FMDQ OTC Securities Exchange, Ms.Kaodi Ugoji, said people are not taking advantage of opportunities in the capital market as two per cent of retail investors participate in the capital market compared to 43 per cent in United State or 19 per cent in South Africa. She noted that listing of state government bonds in the OTC

market will forestall default as people will have opportunity to take position in the bonds. She said that key documents of companies listed in the FMDQ market are posted in the website for investors to take good decision. In his presentation, the National Coordinator-elect of Independent Shareholders Association of Nigeria (ISAN), Mr. Adeniyi Adebisi, who noted that market capitalisation of equities on the Nigerian Stock Exchange has shrunk from N14 trillion to N8.6 trillion,

said government needed to ensure return of confidence in the capital market. He said: “Confidence of the investors, especially, retail shareholders, have been jolted and severely shaken. It will require a great deal of efforts on the part of government at the highest level of authority to bring back the confidence. “Essentially, investment is saving and not gambling. From this perspective, many investors who had their fingers badly burnt might have acted from not too altruistic motives.”

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 122.27 Nigeria International Debt Fund 220.35 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 0.70 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 123.21 12.22% 221.63 10.11% info@acapng.com Offer Price Yield / T-Rtn 0.70 13.23% ammf@aiicocapital.com Offer Price

Yield / T-Rtn

100.00

16.87%

enquiries@arminvestmentcenter.com Bid Price 11.88 280.09 21.68

Offer Price 12.24 288.54 22.33

Yield / T-Rtn -2.51% 0.21% -1.66%

1.00

16.03%

investmentcare@axamansard.com Bid Price 105.13

Offer Price 105.79

Yield / T-Rtn 5.46%

1.00 1.00 14.98% investmentmanagement@chapelhilldenham.com Bid Price 2.14 9.05

Offer Price 2.19 9.28

Yield / T-Rtn 5.10% -8.17%

83.24

85.37

2.62%

invest@fbnquest.com Bid Price 1,075.53 108.69 100.00 $101.61 $101.39 110.28

Offer Price 1,076.72 109.24 100.00 $102.51 $102.29

Yield / T-Rtn 4.96% 3.12% 14.41% 5.50% 5.28%

111.76

7.66%

fcamhelpdesk@fcmb.com Bid Price 0.91 2.54

Offer Price Yield / T-Rtn 0.92 0.55% 2.54 9.28% coralfunds@fsdhgroup.com

Bid Price 2,159.86

Offer Price 2,184.08

Coral Income Fund 2,083.67 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 -0.72%

2,083.67 10.13% enquiries@investment-one.com Offer Price

Yield / T-Rtn

Vantage Guaranteed Income Fund

1.00

15.21%

Vantage Balanced Fund

1.66

1.67

1.43%

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 12.08% Lotus Halal Fixed Income Fund 998.85 998.85 -0.11% 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 9.30 9.38 -4.92% Meristem Money Market Fund 10.00 10.00 14.36% 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 1.04 1.05 5.31% PACAM Fixed Income Fund 10.38 10.45 4.19% 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 107.70 108.39 5.69% 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 1.24 1.24 9.43% 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 1,801.33 1,811.26 7.25% Stanbic IBTC Bond Fund 152.07 152.07 3.39% Stanbic IBTC Ethical Fund 0.75 0.76 0.67% Stanbic IBTC Guaranteed Investment Fund 184.33 184.33 8.63% Stanbic IBTC Iman Fund 129.30 130.89 -4.45% Stanbic IBTC Money Market Fund 100.00 100.00 16.81% Stanbic IBTC Nigerian Equity Fund 7,377.17 7,474.43 2.64% 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 1.14 1.15 8.34% United Capital Bond Fund 1.24 1.24 16.27% United Capital Equity Fund 0.68 0.69 1.18% United Capital Money Market Fund 1.00 1.00 13.00% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 9.65 9.82 1.13% Zenith Ethical Fund 10.99 11.08 -4.10% Zenith Income Fund 16.94 16.94 5.57%

REITS

NAV Per Share

Yield / T-Rtn

11.58 122.98

3.99% 6.15%

Bid Price

Offer Price

Yield / T-Rtn

9.03 73.94

9.13 75.34

-5.71% -11.15%

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

2.53 7.13 11.66 15.06 127.80

2.57 7.21 11.76 15.26 129.80

10.73% 11.51% -5.87% -21.49% -

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWSEXTRA

NAF Acquires Aircraft from Pakistan to Boost Training John Shiklam in Kaduna The Nigeria Air Force (NAF) has acquired four Super Mushshak aircraft to boost the training of its personnel. Speaking at the taking over ceremony of the aircraft yesterday at the NAF base, Kaduna, the Chief of the Air Staff, Air Marshal Sadique Abubakar, said the aircrafts were acquired through a partnership with the Pakistani Air Force. He said the Nigerian Air Force has fared well since President Muhammadu Buhari assumed leadership as the Commander-inChief of the Armed Forces. He said NAF had restored 15 airplanes and helicopters to flying status in the last 17 months, adding that efforts were at advanced stage to reactivate four additional planes that would very soon be serviceable and deployed for operations. Abubakar disclosed that the government had approved the procurement/induction of four gun ships, four medium airlift/ utility helicopters, three light attack aircrafts and 10 primary trainers, with the four aircraft inclusive. He said by the end of the first

quarter of 2017, the NAF would have 21 additional new platforms in its inventory, stressing that “we are highly excited about this development because the last time the was given such number of platforms at a time was in the early 80s.” He said the induction of the Super Mushshak aircrafts into the service will impact positively on pilot training efforts as its ruggedness to perform both basic and advanced aerobatics as the stage of military flying training is an essential criterion for producing seasoned combat pilots. While acknowledging the support of the Pakistani Air Force, the CAS renewed the commitment of the service to supporting the vision of the president for ensuring a secured and prosperous Nigeria. In his remarks, the Chief of the Air Staff, of the Pakistan Air Force, Air Chief Marshal Sohail Aman, said the existing global security scenario coupled with the changing dynamics of warfare calls for enhanced partnership among nations and their armed forces.

Buhari Mourns Kuforiji-Olubi Tobi Soniyi in Abuja President Muhammadu Buhari has commiserated with the family of former Minister of Commerce and Industry, Chief Ayora Bola KuforijiOlubi, who passed away at the age of 80. The Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, in a statement noted that the president recently received the former minister who was the first female Chairman of the United Bank of Africa at the State House. Buhari also extended heartfelt condolences to the government and people of Ogun State, the banking industry, Kuforiji-Olubi’s friends and professional colleagues over the sad loss. Buhari recalled that during his October 20 meeting with the banking and accounting guru,

where he congratulated her on her 80th birthday, she was warm and hearty. The president affirmed that the then first female president of the Institute of Chartered Accountants of Nigeria, served her nation and humanity with all her God-given strength and talent, noting that the multiple professional, national awards and fellowships she received were well deserved. As a distinguished economist and manager who scored many firsts in breaking the glass ceiling in both private and public services, the President said he believed that Kuforiji-Olubi would be remembered for redefining the place of womanhood in Nigeria’s development and inspiring others. Buhari prayed that the Almighty God would grant her eternal rest, and also comfort all her loved ones.

Okorocha: Igbos are Trustworthy but Misunderstood Imo State Governor, Rochas Okorocha, has described the Igbos as “the most truthful, committed and trustworthy people but often misunderstood in the country.” Speaking when he received the Chief of Army Staff, Lt-General Tukur Buratai, in Government House, Owerri, yesterday, Okorocha said Imo State had witnessed tremendous progress under his leadership. He described the state as “one of the safest states” in Nigeria, where kidnapping, armed robbery, cultism and baby-making factories had been stamped out. He attributed the relative peace and security in the state to efforts of the security agencies, especially the Nigerian army. Okorocha, according to The Cable, commended the military for the successes being recorded in the fight against insurgency and terrorism in the North-east. He noted that such successes had

not being achieved in Syria and other parts of the world battling terrorism. Okorocha also commended the army for the ‘Exercise Crocodile Smile’ and newly introduced ‘Exercise Python Dance’ in the South-south and South-east zones. He urged the security agencies to do whatever they could to secure the pipelines to enable free flow of oil to generate revenue for the nation. He promised to continue to support the army. Earlier, Buratai told the governor that he was in the state for the 2018 chief of army staff conference. He told the governor that ‘Python Dance’ was a training exercise to update troops in the South-east on their rudiments and basics of their job. Buratai said during the conference, the army would offer free medical services to the people of the state.

He said the Super Mushshak is a leap forward towards promoting strategic partnership, noting that “Pakistan and Nigeria are facing similar challenges and our countries are determined to maintain peace, stability and security.” According to him, the armed forces of both the countries have played a pivotal role in the war against terror.

He commended the Nigerian Armed Forces for their resolute commitment and relentless efforts for elimination of the menace of terrorism and pledged Pakistan’s resolve to stand by Nigeria the in war against terror. “In our more than a decade-long war against terrorism, the PAF has gained unique experience in the domain of counter terrorism air

operations. I am pleased that the NAF has chosen the platform of the Super Mushshak for training of student pilots as it is a great world favourite and many countries have inducted it for training as well as other roles,” he said. Also, the Minister of Defence, Mansur Dan-Ali, who was represented by the Permanent Secretary in his ministry,

Ambassador Danjuma Sheni, said the acquisition of the aircrafts was an expression of the commitment of the government despite the nation’s budgetary constraints in the period of recession. He promised that the government would continue to give the armed forces and other security agencies the resources required to do their jobs effectively.

REACHING MILLIONS WITH IMPACT

Canadian Ambassador to Nigeria, Mr. Christopher Thornley; Deputy Swiss High Commissioner to Nigeria, Dr. Daniel Cavegn; Founder, LEAP Africa, Ndidi Nwuneli; Australian High Commissioner to Nigeria, Mr. Paul Lehmann; Minister of Environment, Amina Mohammed; Country Director, Clinton Global Health Access, Dr. Owens Wiwa, at a forum on reaching millions with impact, hosted by the Australian High Commission in Abuja...yesterday

Odigie-Oyegun: Why Nigeria Must Borrow $29.9bn External Loan Onyebuchi Ezigbo in Abuja The National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun, has said the present economic realities in the country is enough justification for $29.9billion external borrowing being sought for by the President Muhammadu Buhari-led administration. The Senate had earlier turned down the external loan request when it was sent by President Buhari on the grounds that he failed to include details of the terms of the facility and the sectors it would be deployed. However, in a statement issued by APC publicity unit, the national Chairman, Odigie-Oyegun, was quoted as having defended the Buhari’s move saying that

Nigeria must borrow to invest in infrastructure and grow the economy. The APC National Chairman who spoke on Sunday night after receiving award presented to him by the Warri Choral Society at the Muson Centre in Lagos, said the borrowings will not be used to pay salaries. “If you read the newspapers, you hear the president being advised to pump money into the economy. So the question is where is the money coming from? Simple! It has to come from somewhere including borrowing - both internal and external. To get this country going again, you have to pay contractors. Some contractors have not been paid for 4, 5, 6, 10 years. “So long as the borrowing is not used to pay salaries which the

President Buhari administration will not do, but invested to create opportunities, solve our problems of power and things like that. To allow people to have money to consume, to buy goods, to pay for services so that factories can produce. So it is that cycle. We must kick-start the economy and to kick-start it we need money, lots of money.” The APC National Chairman told journalists after the concert. Oyegun also said the ongoing fight against corruption was necessary for the country to make progress. “That is a task that must be accomplished because it is at the bottom of all the ills of this country. When you are corrupt, you are immoral, when you are corrupt, you don’t have ethics, when you are corrupt, you lose the distinction between right and wrong. When

you are corrupt, even life does not mean anything to you. So, we must get it under serious control for this nation to have hope of making any progress.” “I have had the esteem pleasure of being associated with the Warri Choral Society. I got to know that they deliver the kind of music that relaxes me, that transports me and comforts me. The date of this event cannot have been chosen more fortuitously. “It is absolutely perfect, given the chain of events that have been reported in the newspapers almost on a daily basis. There has been a gradual de-escalation of the political atmosphere and I think this event is just capping it,” he said after receiving the lifetime achievement award.

Lai Mohammed Accuses Corrupt Elements of Muddling FG’s Work Olawale Ajimotokan in Abuja Information and Culture Minister, Lai Mohammed, has blamed corrupt elements for frustrating the determined effort of the present administration to fight corruption. He made this claim while addressing the staff of the Nigerian Embassy in Abu Dhabi where he attended the international conference on the Safeguarding of Cultural Heritage in Conflict Areas, saying that while

government fights corruption, corruption also fiercely fights back, via unsuspecting sources. Mohammed said the fight against corruption was the biggest challenge confronting the administration. He similarly revealed that the ministry intended to on December 15, launch an Information App that will provide real time information to Nigerians at home and in the Diaspora. He also said the ministry was considering setting up a foreign

service information system as part of plans to furnish the Missions with much-needed information, especially for prospective investors and tourists. He disclosed, however, that the town hall meetings, which have been held in five states including Abuja, would be held on a sectoral basis from next year, in order to provide more information to Nigerians on key sectors like agriculture, infrastructural development and the economy.

Mohammed also announced that efforts are being made to revitalise the National Orientation Agency (NOA), which he said is the closest to the grassroots, with a view to strengthening it to be able to communicate the programmes and policies of the administration to Nigerians. ‘’We are reinventing the NOA in a more professional manner. The challenge is to better equip the NOA staff with the latest communication facilities so that they can do their work more effectively,’’ he said.

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWSEXTRA

DSS Raid: Criminal Elements May Soon Kidnap, Kill Judges, Falana Warns Odinkalu cautions on due process Christopher Isiguzo in Enugu

Human rights lawyer, Chief Femi Falana (SAN), yesterday in Enugu warned the federal government to desist from further midnight arrests and raids of the homes of suspected corrupt judges in the country, noting that if nothing was urgently done to check the trend, criminal elements would soon take advantage of the situation by wearing masks to not only invade homes of judges but also kidnap and possibly kill them in order to embarrass the government. He also asked the National Judicial Council (NJC) and the Nigeria Bar Association (NBA) to quickly save the integrity of the judiciary by identifying and exposing corrupt judges and lawyers, stressing that the corruption in the judiciary had become so

alarming that “these days, no matter how bad your case may be, its outcome is determined by the size of your pocket.” Falana spoke as the former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, declared that though corruption remained everybody’s enemy, not following the rule of law in arresting the situation is on its own totally wrong. According to him, “If you fight crookedness with an abusive crookedness, then we are not solving any problem.” The two human rights advocates spoke as guest speakers at the opening of the Law Week of the Enugu Branch of the NBA with the theme: ‘Corruption and the Justice Sector: Implications for the Rule of Law and Democracy.’ Falana specifically said invading the homes of criminal suspects at

night was completely out of order “whatever the offences may be.” He said the situation was becoming worrisome especially when the houses of senior military, police and officers of other law enforcement agencies accused of corruption have not been so invaded, adding that the Attorney General of the Federation and Minister of Justice, Abubakar Malami should be vicariously held liable for the consequences of such raids having accepted that he was the one that authorised the raids on the homes of judges by operatives of the Department State Services (DSS). “The government should better watch it because I recall that sometime during the military junta, myself, Beko Ransome-Kuti and Gani Fawehinmi were severally harassed by state agents for projecting human rights views. I later discovered that it

was not actually Ibrahim Babangida that ordered such harassment but they were executed by those behind the Okar coup who wanted the human rights community to have disdain and hatred for the Babangida administration, so that when the topple him, our support would be enlisted. “I want to warn that criminal elements may soon wear masks, invade the homes of judges, kidnap some and possibly kill some and the blame will be on the government. If they don’t stop, I am also asking judges never to open their gates at night. If they come calling, call them thieves and they will run away,” he said. He however blamed the “ongoing embarrassment of our judges” on some senior lawyers whom he accused of refusing to do the needful by exposing and

shaming the few judges that are bent on dragging the integrity of the judiciary in the mud, insisting “there is no corrupt judge that is not known to the lawyers.” Because of the actions of few corrupt judges, the institution is been denigrated. We still have judges who are working in the most difficult conditions and have refused to be tainted. NBA should speak out and protect the good judges. A few judges, a few senior advocates, a few lawyers are corrupt. We should isolate them, name them and shame them. Allegations remain allegations, we have to stop at just pointing accusing fingers but go the extra mile of carrying out thorough investigations so as to unveil these bad eggs. While also not excusing the NBA leadership from the corruption

spree, Falana hinted that he would soon withdraw his membership of the association. He said the national election of the association had become even more expensive than a state gubernatorial election where candidates spend as much as N700 million to run for the presidency. He also attributed some of the conflicting judgments coming from Federal High Courts especially in Lagos, Abuja and Port-Harcourt to the corrupt activities that have enveloped the judiciary, lamenting that the situation might degenerate if nothing was urgently done to arrest the situation. On his part, the former NHRC boss, Odinkalu said much as corruption had eaten deep to the fabrics of the nation’s system, there was need to fight it with strict compliance with the rule of law.

Acting CJN Seeks Partnership with Press to Protect Judiciary’s Independence Tobi Soniyi in Abuja Acting Chief Justice of Nigeria, Justice Walter Samuel Onnoghen, yesterday in Abuja sought the partnership of the media to ensure the independence of the judiciary. Speaking at a workshop for members of the National Association of Judiciary Correspondents, organised by the National Judicial Institute (NJI), the CJN said it was important to preserve and protect the judiciary as an institution. According to him, the judiciary is the foundation of the rule of law in any society. “If that foundation is threatened in any way, including threat to its independence, there can not be a viable democracy,” he added. He stated that for the Nigeria’s evolving democracy to be fully entrenched and enduring, the press must partner with the judiciary. He said: “The press must be in the forefront of educating the public on the workings of our courts and justice delivery system.”

Justice Onnoghen said the judiciary was open to enquires and urged journalists to always cross-check their facts for accurate and balanced reporting. He said: “While effectively acting as a check on the excesses of the humanity, the judiciary and the press must find common grounds and develop a closer partnership for upholding justice and truth, twin virtues that underpin any successful civilization.” In her welcome address, the Administrator of the NJI, Justice Rosaline Bozimo (rtd), said the institute decided to organise the workshop because of the high premium it placed on journalists and the vital role they played in the society. She said the judiciary was committed to the fight against corruption. She called on the judiciary correspondents to enlighten the public in a fair and just manner, the activities of the judiciary, without fear or favour.

Abia LG Polls: IPAC Calls for Postponement Emmanuel Ugwu in Umuahia Opposition parties in Abia State under the umbrella of the Interparty Advisory Council (IPAC) yesterday declared that the December 17 date for the local government election was not feasible as the parties needed more days to adequately prepare for the contest. Specifically, IPAC demanded that the Abia State Independent Electoral Commission (ABSIEC) should extend the election date by two weeks by which time the parties would have sorted out all issues arising from their primaries. Chairman of IPAC, Chief Emeka Okafor, made the demands at a press conference in Umuahia, alleging that the state electoral body was not carrying the opposition

parties along and even shortened the preparation time needed by the parties. He said while the decision of Abia government to hold the council election was laudable, ABSIEC was making it appear as if it was in a hurry to get done with the poll even if the preparation was poor. “Council elections should not be rushed”, he said, adding that presently the parties were yet to carry out proper grassroots mobilisation hence the need for more time. According to him, the local government poll, which has not been held in Abia for six years now should not be treated with levity now that the exercise is going to be conduct hence the need to do proper job by ABSIEC.

GOVERNOR OF THE PEOPLE

Rivers State Governor , Nyesom Ezenwo Wike (middle),being welcomed to Khana Local Government Area of the state by Ogoni traditional rulers on for the Peoples Democratic Party (PDP) campaign for the rerun elections...yesterday

Fashola Opposes Senate Move to Scrap FERMA Omololu Ogunmade in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola, yesterday voiced his opposition to the current move by the Senate to scrap Federal Road Maintenance Agency (FERMA) and replace it with a new maintenance agency. Speaking at a one-day public hearing organised by the Senate Committee on Works in the National Assembly, Fashola said whereas he had no issue against Senate’s move to create fund raising platforms for road maintenance, the new agency should rather be domiciled within FERMA instead of replacing it with a new one. According to him, FERMA had become a brand identifiable with road maintenance, noting that such brand name should rather be sustained instead of phasing it out. He however, threw his weight behind the move to make road maintenance an institution, explaining further that beyond maintenance, there was the need to

create awareness among Nigerians on road usage as he argued that abuse of the roads by Nigerians was usually the reason for quick collapse of the nation’s roads. He emphasised the need for re-orientation among Nigerians, observing that Nigerians need to imbibe a change of attitude and equally embrace a new mindset towards road use adding that a culture of road maintenance should also be imbibed because roads are not meant to last forever. He said: “Essentially, we have adhered before the House Committee and they have agreed to harmonise some of the things that we have shared with them but what should interest Your Excellency is that there has been a gap, no doubt about how we had managed our roads ourselves. “There is the need to institutionalise the maintenance of road assets but much more importantly, there is the need for increased awareness and advocacy for users of our road assets that roads are not permanent assets in that way. They are wearing assets, they are assets that diminish once

we start to use them and so from the day the road is opened and we start to ply it, it begins to deteriorate and therefore not only must we maintain them, we must use them carefully, we must use them consciously with the intent to get the best out of it. “We welcome the idea of creating a roads fund; we also welcome the idea of creating a maintenance agency but we think and this will be detail of the substance of the presentation that I will make. We think that all the recommendations that have been made for maintenance should be embodied in the agency that government has already created - FERMA. Repeal the existing FERMA law, re-enact it and put all of the new things we want to create inside it instead of creating a new agency because FERMA was set up for maintenance in the very first place. “It has acquired the name, it has acquired the brand, we can build on that brand instead of creating a new brand. People who manage brands like this change

their drinks but they don’t change their names; that for me is the real meat of FERMA. There has been a toll policy already in Nigeria since the Federal Highways Act in 1971 with deployed tools but for some reasons, we stopped it. In other to attract the investment that will enable us achieve private capital in infrastructure, two things for me are very instructive: “The first is the cultural change from my existing mindset and our experience at sub-national and at national level is that every time private capital comes into infrastructure public works, there is a sense in which rights are agitated; court actions are taken, injunctions are taken in a way that is incompatible with commercial expediency and therefore investors are reluctant. “The politics of our response to this kind of situation where political party was campaigning that once you elect us we would cancel the toll, we don’t like to hear that and I think that within our national parliament, we must inscribe that as a position of consistency whether it is party white or black.”

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWSEXTRA

BoI Rejects Senate Bill to Establish New Development Bank CBN, finance ministry back move Omololu Ogunmade in Abuja The Bank of Industry (BoI) yesterday rejected a Senate bill seeking to create a fresh development bank, National Development Bank of Nigeria (NDBN), saying the move was anti-people But the Minister of Finance, Mrs. Kemi Adeosun, the Governor of Central Bank of Nigera (CBN), Mr. Godwin Emefiele, threw their weight behind the bill, saying it would help to foster the nation’s economic recovery. These divergent positions were made at a one-day public hearing organised by the Senate Committee on Bank, Insurance and Other Financial Institutions in National Assembly on a bill seeking to establish NDBN yesterday. In his submission, Acting Managing Director of BoI, Waheed Olagunju, said BoI as currently constituted was living up to its mandates which he said were not different from what objectives contained in the bill. According to him, instead of seeking to scrap BoI, the federal government should rather provide BoI with more capital to be able to further support the real sector instead of duplicating functions by creating new Development

Financial Institution (DFI). In his word: “We are of the opinion that BoI as presently constituted is fulfilling the mandate envisaged in the proposed legislation by supporting genuine entrepreneurs. Therefore, it should be left to continue its operations as it is. The merger envisaged in the proposed bill has already taken place. “BOI should be provided with more capital to be able to further support the real sector instead of duplicating functions by creating new DFIS, bearing in mind the failure of similar DFIs in the past such as NBCI, NERFUND, People’s Bank, Community Banks et cet era “We advise that the National Assembly support industrialisation by enacting legislations that would help create an enabling environment for business to thrive such as an amendment to Land Use Act, tax incentives for SMES, establishment of industrial Park. This would substantially address the demand side challenges of finance SMEs in Nigeria as vagaries of the business environment has been making the sector unattractive to private and public lenders,” Olagunju said. In her submission, Adeosun who was represented by a Director in Ministry of Finance, Christopher Gabriel, said the ministry strongly

supported the draft bill adding that the proposal was in line with reconstruction of the federal government. She hailed the eight National Assembly for its efforts to come up with a bill that would address the economic problems confronting financial institutions in Nigeria which he said was purpose of development banks. In his presentation, the Governor of CBN represented by Okwu Nnanna, a Deputy Governor on Financial System, said CBN had no objection to the proposed bill, insisting that the bill, when passed, would address the challenges facing the economy. In his opening remarks, Senate President Bukola Saraki, said the National Development Bank of Nigeria (Establishment) Bill would give Nigerians access to financial opportunities. “This is public hearing is therefore another avenue to seek intellectual and professional inputs from experts like you in the financial sector to query the framing of the bill. We will be very glad to get your honest opinions on such issues as the values to be derived from the merging proposed under the bill especially affecting other SMEs financing institutions and the advantages or otherwise of seeking a one-stop-stop special purpose SME financial entity,” Saraki said.

Millions Donated at ACE Charity Annual Fundraising ACE Charity hosted its 2016 fundraising dinner at the Transcorp Hilton, Abuja on November 26 to raise money to enable it carry on with its laudable work of providing access to literacy, while supporting the development and increment of the quality of education for under privileged children all over Africa starting with Nigeria. Big hearted, talented artists volunteered their skills and time to entertain hundreds of people who bought tickets to support the work of the charity. ACE Charity Founder, Kiki James, in welcoming guests to the event thanked all those who contributed in making the night a success, pointing out that education is key for nation building. To explore the issue further, there was a 30 minute discussion by a distinguished panel lead by guest speaker respected educationist, Mrs

Bolaji Osimi. The discussion highlighted the critical role of education in social and economic development, and the fact that Nigerian wasn’t doing enough right now to address the educational problems facing the country. She revealed shocking statistics of high illiteracy rates in some Nigerian states with Zamfara State recording up to 97 per cent. Happily of ACE Charity’s recently completed 12 fully functional libraries one is to be commissioned in Zamfara, before the end of the year. The panel concluded by asking all stakeholders to come together to tackle the educational issues facing the country as it is now clear, the job cannot be left to government alone pointing out why the interventions by Ace Charity are so important. There was a very emotional

moment during the event when a beneficiary of one of ACE’s outreach programs in Guzape came out trailed by her children to testify to the life changing medical care provided to her family by the charity. She was tearful as she prayed for the charity and all those who support it. Master of Ceremony, Chucks the General was in top form cracking jokes that left everyone in stiches. Striking pictures from ACE’s outreach programs were auctioned as were the breathtakingly beautiful clothes donated by Northernbelle. The hall and refreshments which was donated by Transcorp Hilton resounded all evening to the engaging performances by the Majmua Theatre group. The night was rounded up by the cutting of a beautiful anniversary cake donated by Chipsys Oven.

Digitalreality Print Limited Celebrates 10Years in Operation Digitalreality Print Limited, a leading printing and corporate support service providers in Nigeria, has commenced a week-long series of activities to celebrate 10 years in operation. The company, which opened for business in September 2006, is today a world class provider of commercial printing services in the areas of offset (paper), large format, monogram, digital screen print, heat transfer, corporate and industrial signage production. Its edge in the industry is its

continuous investment in the latest state-of-the-art equipment and technology which ensures the highest quality output on time/ every time and this has placed it above its competitors. Elsie Akin-Adesola, its Chief Operating Officer, said: “We are committed to working closely with our clients from conception to completion. With our expert knowledge and unrivaled experience, Digitalreality Print Limited is a print partner of choice

for leading organisations in Nigeria and beyond.” Series of activities lined up by the management include essay competition for secondary school students on an industry related topic where winners will go home with fantastic cash prices. Others are a charity walk from the company’s old office (14 Ogunlana Drive, Surulere) to its new office on 78/89 Commercial Avenue, Sabo-Yaba as well as donations to Pacelli School for the Blind.

TUESDAY DECEMBER 6, 2016 • T H I S D AY

CRIME&PUNISHMENT

EFCC: How Akopobolokemi, Atewe Converted N4.9bn to Dollars Davidson Iriekpen An operative of the Economic and Financial Crimes Commission (EFCC), Adamu Usman Yusuf, yesterday told a Federal High Court in Lagos that about N4.9 billion was converted into United States dollars by a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Patrick Akopobolokemi, and others charged for money laundering. Akopobolokemi is standing trial alongside a former Commander of the Military Joint Task Force, Operation Pulo Shield in the Niger Delta. Maj. Gen. Emmanuel Atewe, Kime Engozu and Josephine Otuaga over N13 billion fraud.

Led in evidence by EFCC prosecutor, Rotimi Oyedepo, the witness told the court that during investigation, it was discovered that the money was handed over to the 3rd and 4th defendants ( Engozu and Otuaga). Yusuf told the trial judge, Justice Saliu Sheidu, that “at the end of our investigation, we discovered that about N4.9 billion were converted into US dollars and the money was handed to the 3rd and 4th accused persons. “We also recovered evidence, where the defendants acknowledged the receipt of the money and same was forwarded to forensic unit for expert opinion.” Yusuf told the court that the defendants used a different

companies and accounts to launder billions money from Joint Task Force operation account. The companies are: Jagan Ltd; Jagan Trading Company Ltd; Jagan Global Services Ltd; Al-Nald Ltd; Paper Warehouse Ltd; Eastpoint Integrated Services Ltd and De-New link Integrated Services Ltd. The EFCC claimed that the accused committed the alleged fraud between September 5, 2014 and May 20, 2015. He said during investigation, letters of request were sent GTbank, Heritage Bank, Diamond Bank, Stanbic IBTC bank, as well as First City Monument Bank (FCMB) demanding for account statements and operating documents of beneficiaries

of the accounts. Earlier, the EFCC in an amended 22-count charge, alleged that the defendants sometimes in 2014 in Lagos, converted the sum of N8,537,586,798.58 property of NIMASA contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendent) Act, 2012 and punishable under Section 15(3) of the same Act. They were also alleged to have between September 5, 2014 and May 20, 2015 converted to personal use the sum of N2,006,270,930.67 through Jagan Limited, property of NIMASA. Some of the counts read: that you Akopolokemi, Major General Josphine Otuaga betweeen September 5,

2014 and May 22, 2015 in Lagos converted the sum of N1, 147, 723, 362.42 through Jagan Trading Company Limited property of NIMASA contrary to Section 18(a) of the Money Laundering (Prohibition) (Amemdeent) Act, 2012 and punishable under Section 15(3) of the same Act. “That you Patrick Ziadeke Akopolokemi, Major General Josphine Otuaga, Kime Engozu and Josphine Otuaga within the jurisdiction of the court converted the sum of N1,871,795,679.14 through Eastpoint Integrated Services Limited, property of NIMASA” The accused were also alleged to have between September 5, 2014 and May 20, 2015 converted to private use the sum of N 2,006,270,930.63

through Jagan limited, property of NIMASA contrary to Section 18(a) of the Money Laundering (Prohibition) (Amemdent) Act, 2012 and punishable under Section 15(3) of the same Act. In the charge, the anti-graft agency also alleged that the accused conspired to defraud NIMASA of 605,645,750.00 million through Paper Warehouse Limited. When the charge was read to them, all the accused pleaded not guilty. The offence is also said to have contravened the provisions of Section 390 of the Criminal Code Act Cap C. 38, Laws of the Federation, 2004. The matter has been adjourned till February 3, 2017 for continuation of trial.

Customs Intercepts Container of Egusi, Rice, Imported from India Eromosele Abiodun The Tin-Can Island Command of the Nigeria Customs Service (NCS) yesterday announced that it has intercepted a 20ft container of ‘Ready-to-Eat Foods’ like Jollof Rice, Ogbono, Egusi Soup and Yam Porridge imported from India. The Customs Area Controller, Comptroller Bashar Yusuf, disclosed this while speaking with stakeholders at the SDV/ SCOA Terminal while handing over the container of imported prepared foods to officials of the National Agency for Food and Drug Administration and Control (NAFDAC). The controller described the scenario as an embarrassing considering the fact that government granted zero duty for the importation of machinery for the packaging of agricultural products. In a statement by the

Public Relations Officer of the Command, Mr. Uche Ejesieme, Yusuf said, “Why should indigenous menu be imported into the country at a time when investors are much sought after to boost local industries.” The controller said the command generated N25.7 billion in November, up from N25.3 billion recorded in October. Yusuf said the higher revenue was recorded in spite of the recession and low imports. He added that the command would continue to explore all avenues for maximum revenue collection. According to him, this is in view of the exigencies of the moment, which placed more responsibilities on the service. Yusuf urged potential investors to take advantage of the numerous export potential in the country for their socioeconomic benefits.

Police Arrest Suspect for Butchering Friend in Fit of Rage Chiemelie Ezeobi For first killing and then butchering his friend-cumcolleague due to an altercation, the Lagos State Police Command has arrested one Haruna Abubakar, a security guard, in a farm at the Ibeju Kelli area of the state. The suspect was said to have hid the dead body in a bush after the fit of rage had evaporated. Confirming the incident, the state Police Public Relations Officer, Dolapo Badmos, a Superintendent of Police, said upon discreet investigation and intelligence gathering, they were able to arrest. She said Abubakar murdered his friend and co-worker before shredding him to pieces and dumped him in the bush. She said: “The suspect and victim are co-workers in a farm in Ibeju Lekki, where the suspect is a guard and the victim a herdsman.

“The suspect, aged 28, had an altercation with the victim, aged 27, and it resulted to a physical fight and in the process, the suspect hauled down the deceased with a dagger, cut him into pieces, packed him in a sack and dumped him in the bush. “The brother to the deceased, one Adamu, reported the case of a missing person to the police after his brother did not return home after the day’s work. “The clue gathered by the police led to the arrest of the suspect who later confessed to the crime and led operatives to the scene where the dismembered body was recovered. “The Commissioner of Police, Mr. Fatai Owoseni, has directed that the case be transferred to the State Criminal Intelligence and Investigation Department (SCIID), Panti, Yaba, for further investigation and prosecution.”

WE WANT A CRIME-FREE LAGOS

Lagos State Governor, Akinwumi Ambode (left), handing over three patrol vehicles and 45 power bikes to the Commander, Response Squad (RRS), Mr. Olatunji Disu, in Lagos...yesterday

Lagos Earmarks N10m for Families of Fallen Police Officers Procures more security equipment for RRS Gboyega Akinsanmi The Lagos State Government yesterday disclosed that it would pay the families of police officers, who die in the course of service to the state the sum of N10 million as death insurance. The state government also presented additional three patrol vehicles and 45 power bikes to the Rapid Response Squad (RRS), pledging to ensure safety of all citizens that chose Lagos as their homes. The state governor, Mr. Akinwunmi Ambode, disclosed the new death insurance plan for police officers at the State House, Alausa after he received two awards the RRS recently won in South Africa. The Security Watch Africa (SWA) had awarded the RRS the best anti-crime police squad in West Africa while recognising the RRS Commander, Mr. Olatunji Disu as Africa’s most outstanding police

operational officer. The SWA had also recognised the state government as the best security and most safety-conscious state in Africa, citing its N4.756 billion security equipment it procured for the police. After receiving the awards, the governor said security and safety of the people “remains the mains objectives of my administration and that the state government will always embrace measures to motivate and encourage officers in the state to perform their duties diligently.” Even though the state government or officials never prayed for loss of life among police officers, the governor noted that it had become imperative “to increase their death insurance benefits.” Ambode lamented the recent loss of some officers in active service, emphasising that the state government was not praying for the re-occurrence of such,

though it was appropriate “to reasonably reward the family of any officer in the event of eventual death.” He, therefore, said the state government “will raise the stake of death insurance policy from N1million to rank and file and N2million to senior officers to N10 million. Recently, we lost some police officer due to no fault of theirs and then some form of accidental incidences across the State.” He said: “I have directed the state’s Pension Office and the Office of the Chief of Staff that we are going to increase what we pay the police officers that die in active service and then we are increasing that irrespective of whether you are a junior or senior office. “If any police officer dies in active service, the payment that will be made by the state government is being increased to N10million from this moment onward,” Ambode

explained. As a way of appreciating and motivating the police officers serving in the state, the governor presented three additional patrol vehicles and 45 power bikes to the RRS. While reiterating the commitment of the state government to the security and wellbeing of residents, Ambode directed the police to ensure hitch-free yuletide celebration across the state. He said the state government, by the donation, was also sending a strong signal to those who are always willing to disturb the peace that there is no room for them in the state. In a response, Disu, an Assistant Commissioner of Police, said the security equipment newly donated to the RRS would spur its operatives to give their best to protecting the lives and property of residents.

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWSEXTRA

You Should Tender Apology to Rivers People, PDP Tells Ganduje Onyebuchi Ezigbo in Abuja The leadership of the Peoples Democratic Party (PDP) has asked the Governor of Kano State, Alhaji Abdullahi Umar Ganduje, to immediately tender unreserved apology to the people of Rivers State for saying that credible elections is an abnormality in the area. Ganduje, while answering questions from State House Correspondents in Abuja last Friday on the preparations of his party, the All Progressive Congress (APC), towards the re-run elections in the

state said: “You know in that part of the country having free and fair elections is not normal and we have to make it normal this time.” While reacting to the statement credited to Ganduje, the PDP described it as unfortunate and an indictment on the Independent National Electoral Commission (INEC) which has been conducting elections in the place. In a statement issued by the PDP spokesman, Prince Dayo Adeyeye, the party asked INEC to demonstrate its independence by ensuring that the forthcoming

Buhari Calls for a Smooth Transition in Gambia Tobi Soniyi in Abuja President Muhammadu Buhari has called for a smooth transition in the Gambia. The president in a telephone conversation with the President-elect of Gambia, Mr. Adama Barrrow expressed his gladness at the conduct of the contestants before, during and after the elections. Buhari had on Saturday December 3, congratulated Barrow after his triumph was announced. A statement by the Senior Special Assistant to the President on Media

and Publicity, Mr. Garba Shehu said. Buhari told Barrow to ensure that the transition process was also as smooth as the electoral process and urged him to carry everyone along in his task of taking the Gambia to a new level. The president also expressed his admiration at the existing rapport between the president-elect and other contestants especially the current president, who lost the election, stating that democracy, rule of law and respect for each other are fast taking roots in Africa and that Gambia has also become a role model for Africa and the world at large.

election in Rivers State is free, fair and credible PDP said the governor’s statement was not only unfortunate, but “ridiculous and absurd to say the least. “It is highly unbecoming of a governor to make such an unguided statement that denigrate the people of the whole State and the South-south region in general. The statement is also a veil threat that the coming election in Rivers State will be manipulated as usual by the APC using the INEC and the security apparatus of state.” PDP also urged the security agencies to continue to maintain their constitutional role and duty of protecting lives and properties in the country and maintaining law and order during elections.

“Our attention has been drawn to an unfortunate and ridiculous statement credited to the Ganduje and Chairman of the APC Rivers State Re-run Elections Campaign Committee, Alhaji Abdullahi Umar Ganduje, wherein he says having a free and fair elections in Rivers State is abnormal and in fact that free and fair elections in the South-south region of the country is abnormal. “If free and fair elections have been “abnormal” in the region according to the governor, it is due to the manipulation and the win-at-all-cost attitude of the APC. This desperation of the APC to win at all cost was exposed by the recent decision of the Court of Appeal which upturned the re-run election in Opobo/Nkoro State constituency of Rivers State

in favour of our candidate, Mr. Diri Adonye; wherein the Appeal Court emphatically stated that the Election was massively rigged. “Nigerians can now see who has been manipulating elections and causing the state of abnormality in the region. Ganduje’s statement is also an indictment on INEC because the governor is saying in effect that INEC has never conducted a free and fair election in the region and INEC should respond immediately to defend its own integrity. “We are therefore calling on INEC to demonstrate its independence by ensuring that the forthcoming election in Rivers State is free, fair and credible. The electoral umpire since the inception of this APC administration has been wobbling from ‘Inconclusive elections’ to

‘advanced rigging’ and we wish to urge INEC to graduate from this ‘macabre dance’ to conducting free and fair elections in order to regain the confidence and trust of Nigerians and the international community as a neutral and an unbiased umpire that it is supposed to be. “We also call on security agencies in Nigeria to continue to maintain their constitutional role and duty of protecting lives and properties in the country and maintaining law and order during elections. “In addition, we demand that Ganduje tender an unreserved apology to the good people of Rivers State and the South-south region in general for this humiliating and undignified statement.

FG Distributes More Relief Materials to Nigerian Refugees in Cameroun Michael Olugbode in Maiduguri The federal government yesterday further distributed relief materials to Nigerian refugees numbering 80,709 in neighbouring Republic of Cameroun. The government had at the weekend through its relief agency, National Emergency Management Agency (NEMA), distributed 1,460

bags of assorted food items to refugees. NEMA, having taken delivering of non-food items from the Presidential Committee on Northeast Initiative(PINE),decidedtodeliveredthe additional relief materials to the refugees. NEMA in a statement by its spokesman, Sani Datti, yesterday disclosed that the items from the PINE comprised mostly of non-food items.

He said the materials were presented by the Director Search and Rescue of NEMA, Air Commodore Salisu Mohammed, along with the relief materials of the agency to the Camerounian authorities at Minawao, far north region of the country. He said the occasion was witnessed by representatives of United Nations High Commission of Refugees (UNHCR).

According to him, the items from PINE were mostly made up of non-food items including 1941 pillows, 1214 mattress, 4646 sandals, 1520 mosquito nets, 990 blankets,3990 clothing, 3946 sanitary pads, 1957 plastic buckets, 4032 notebooks, 3984 exercise books, 12240 plastic plates, 4800 plastic cups, 960 plastic spoons, 9920 baby mats, 36000 toilet soaps and 4032 pencils.

TUESDAY DECEMBER 6, 2016 • T H I S D AY

NEWSEXTRA

CAN Not in Tune with Reality over Southern Kaduna Killings Calls on Christians to resist Fulani attacks Senator Iroegbu inAbuja The Christian Association of Nigeria (CAN) has condemned the Governor of Kaduna State, Mallam Nasir el-Rufai, for his complete lack of

empathy and understanding of the realities of killing of Southern Kaduna people who are mostly Christians by Fulani herdsmen. The National President of CAN Youth Wing, Mr. Daniel Kadzai, in

Industrial Court Sides with SSANU, Urges FG to Obey Agreement with Union Paul Obi in Abuja In an attempt to restore industrial harmony between the federal government and the Senior Staff Association of Nigerian Universities (SSANU), the National Industrial Court sitting in Abuja yesterday said it was incumbent on the federal government to implement the collective agreement it reached with SSANU in 2009. In the judgement delivered by Justice N.N. Esowe on the matter brought by SSANU against the government and the National Salaries and Wages Commission, on the interpretation of the Collective Bargain Agreement, the court ruled that given that the federal government was the proprietor of the federal universities as contained in the agreement, it should bear the full responsibility of both the capital and recurrent cost of the universitys’ schools. The court held that any other interpretation or order apart from the above as well as any circular emanating from any other place contrary to the principles of agreement will be null and void and would amount to progressing in error. “The Collective Agreement itself was an agreement between the Federal Government of Nigeria and Senior Staff Association of Nigerian Universities. This means that the rights and obligations imbued under the agreement relates these parties of the collective agreement. “In paragraph one point two of the Collective Agreement, the Federal Government of Nigeria

a statement yesterday, described as unfortunate, el-Rufai’s condemnation of the CAN president’s statement over the killing of Christians in the state. Kadzai said the governors actions have “further exposes the Governor’s lack of coming to terms with realities for political reasons.” He vowed that Christian youths would “no longer tolerate the disrespect to the office and person of the CAN President, especially the statements attributed to Kaduna Governor and other Nigerians.” He promised that the youths stand firm and support the position of the CAN President, after the National Executive Committee meeting with Southern Kaduna Christian community leaders in Abuja on Save our Soul (SOS) visit over what they said is “targeted cleansing of Christians.” Part of the statement read: “The

Kaduna Governor Malam Nasir El-Rufai instead of seeking the collaboration of CAN through strategic prayers and consultations to end the senseless killings,had debunked the statement of the CAN President and attributed the killings of Christians in southern Kaduna communities to bandit , claiming, ‘The same Fulanis are killing Fulanis in Zamfara State. “We, the Christian youths totally disagree with the claims of the Kaduna governor that the attackers who organised themselves and came back for revenge....in southern Kaduna and plateau state are from outside Nigeria. It is untrue and whether the fulani terrorist are from Nigeria or not,we the Christian Youths agree that there is deliberate and calculated cleansing of Christians in Nigeria. Thus, we call on all Christians to resist. “The initiative to compensate

the Fulanis for their lost castles as well as placating them and sponsoring delegates to meet Fulani leaders outside Nigeria amounts to playing to the gallery and smacks of sentiments without recourse to the Christians killed or the plight of their mourning families. “It is the highest point of insensitivity to use state fund to pay and placate the aggressors/ terrorists at the expense of the victims. In view of El-Rufai’s confession that the Fulani terrorists killing Christians are foreigners, we call on the Federal government to close the Northern Nigerian border between Nigeria, Chad, Cameroon and Benin Republic without delay. The state House of Assembly must impeach el-Rufai immediately for conniving with terrorists to kill Nigerians.” Kadzai also said the rate of abduction and robbery in the state

are on the increase, which he noted. confirms the weak or compromised internal security apparatus. He stressed that the country’s borders are not only porous and poorly manned, are frequently infiltrated by terrorists and their collaborators to torment Nigerians. The CAN Youth leader said its evident that alliance of the external forces with their Nigerian counterparts to kill fellow Nigerians over the years, has “been deliberately allowed into Nigeria to buffers up the population of one religion over the other for obvious reasons” “In conclusion, we call on the Governor el-Rufai to respect the CAN President and know that Christians have the right to self-defence, especially where there is complacency or complicity on the part of security operatives or politicians,” he warned.

is described as the proprietor of the federal universities and the agreement itself was signed by the Chairman of the team of ProChancellors, Chairman, FGN/SSANU Re-negotiation, Chairman, Committee of Pro-Chancellors Re-Negotiating Committee and the Pro-Chancellor, University of Lagos and the National President of SSANU. “If the Federal Government of Nigeria is the proprietor of federal universities, then reference to the universities must necessarily be referenced to the Federal Government of Nigeria. The 1999 Constitution in Section 3181 defines government to include the government of the federation or of any state or of a local government council or any person who exercises power or authority on its behalf. “Public service of the federation means the service of the federation in any capacity in respect of the government of the federation and includes service as staff of any educational institution established or financed principally by the government of the federation.” The Court in the judgement stipulated that, “The federal government should implement the terms of agreement in terms of item 10 (1) and (2),” the judgement read. The court also explained that the matter before the Industrial Court was for the court to inquire into the trade dispute existing between SSANU and the Federal Ministry The Minister of Information and Culture, Alhaji Lai Mohammed, being received by the staff of the Nigerian Embassy in Abu Dhabi, United of Education and National Salaries Arab Emirates....recently Income and Wages Commission over the dispute.

YOU ARE WELCOME SIR

Ex-Power Minister, Nebo Invents Innovative ICPC to Review 2016 Personnel Fuel-efficient Power System Vote of MDAs for Unspent Balances Bennett Oghifo The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has said it will conduct system study and review of the 2016 Personnel Vote of ministries, departments and agencies (MDAs) to ensure they conformed with existing regulations regarding unspent balances. A statement from the commission, yesterday, signed by its Chairman, Mr. Ekpo Nta, said: “The commission will be carrying out another System Study and Review of the 2016 Personnel Vote to ensure total compliance with Section 16 of the Finance (Control and Management) Act, LFN, 1990 and the Financial Regulations regarding unspent balances in line with the extant rules and regulations.” The commission, the statement said, earlier conducted a System Study and Review on the utilisation of the 2012 Personnel Vote of some MDAs. Nta said: “Observable lapses were

highlighted and recoveries of about N9 billion effected from the various MDAs.” He advised all MDAs “not presently captured on the IPPIS platform to submit the receipt and expenditure profiles of their personnel cost to reach the commission not later than December 20, 2016. For avoidance of doubt, the personnel vote is strictly for the payment of salaries and allowances for government employees only, as specified in the 2016 Appropriation Act. It does not cover Sallah/ Christmas bonuses, “13th month” salaries, arrears of promotions, etc.” Nta said: “All unspent balances should be returned to the subtreasury of the federation by December 31, 2016. The commission will commence verification of the returns made to the sub-treasury by January 2016.” He said letters have been sent to the various MDAs for strict compliance and to note that any infractions would be prosecuted.

Chineme Okafor inAbuja A mechanical engineering team led by the immediate former Minister of Power, Prof. Chinedu Nebo, has disclosed its invention of an innovative fuel-efficient power generation system which by its design will run on very low fuel to produce optimum power outputs. In addition to the fuel-efficient system, the team also said it has created another power system that would run on renewable energy sources like sun and biomass to generate electricity without fossil fuel. Codenamed ‘power-seed wed machine’, the preliminary details of the system was presented to the Minister of Science and Technology, Dr. Ogbonanya Onu last Monday in Abuja by Nebo when he paid Onu a courtesy visit. Nebo stated that his engineering team had spent time test-running the fuel-efficient system and would deploy it to select tertiary educational institutions in the country to power their operations for one year before commercialising it. He noted that the fuel-efficient

power generating system was designed to use electro-technical and mechatronic technology to produce power through iteration. According to him, just about 20 per cent of the amount of fuel needed by existing power generating systems to generate a kilowatt hour of power would be used by the system. He added that the renewable energy powered system would run completely without fossil fuel in homes and offices. “Honourable minister, it is true that I have come to pay a courtesy call on you, but I have also come to tell you that something good is happening. “I am confident to tell you that the days of the big power systems that consume lots of fuel are numbered with our invention. We have invented a power delivery system that will drastically reduce fuel and maintenance cost as well as infrastructure cost,” Nebo said. He then explained: “Before I ended my tenure as a federal minister of power, I had chanted to all who wanted to listen, that the

big power machines, those mighty turbines that have several hundred megawatts capacities may take decades to solve Nigeria’s power problem and for that reason, we needed to do embedded small scale power generators. “This was actually developedbyourformidableengineering team and it is about 15 years ahead of the present power delivery system.” Hesaid:“Fromalayman’sperspective, we have designed and tested a power seed web machine that uses the same quantityoffuelneededtogenerateasmall capacity generator to generate 10 times or more what ordinarily was possible. “Thefuelconsumptionofourmachine is not up to a 25 kilowatts machine but we are able to produce 250 kilowatts and the possibility to produce one megawatts but we are cut short to one megawatts because of the licencing issue.” “Using our innovative design, we have been able to use a power ovary primary source coupled with our designed electro-technical and mechatronic gadget to produce what we call power seed that through iteration, has the potential to produce power outputs in huge multiples

of the input fuel and power. “For instance, the fuel needed for a 25 kilowatt power, we can use it to produce 250 kilowatts and we have tested it primarily but not on a continuous process for a 500 kilowatts and there is no problem because this is a seed web design.” The former minister stated that high power users can now get electricity less expensively and that the system will use less volumes of fuel per hour in its operation. He however added that it would not be in the market until after a year. On the renewable generator, he said: “We have also designed one that does not need fossil fuel and that will be the next generation of our designs made by Nigeria by Nigerian engineers for Nigerian populace.” Onu in his remarks, noted that the government was excited by the development as it represents its desire to move Nigeria from a resource-based country to a knowledge-based one. He pledged the government’s support in protecting the invention and copyright abuse.

TUESDAY DECEMBER 6, 2016 T H I S D AY

T H I S D AY TUESDAY DECEMBER 6, 2016

TUESDAY DECEMBER 6, 2016 T H I S D AY

T H I S D AY • TUESDAY, DECEMBER 6, 2016

TUESDAYSPORTS

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

Pedro Hails King Moses! Says: Moses is Chelsea’s best - and most complete - player Duro Ikhazuagbe with agency report Nigeria and Chelsea winger, Victor Moses, has been described as the best player in the Blues’ Stamford Bridge. Former Barcelona star, Pedro praised his Chelsea teammate for his scintillating performances this season, insisting that Moses is the club’s best - and most complete - player. Moses’ resurgence under Italian manager, Antonio Conte, has been awesome, scoring three league goals - including the winner against Tottenham penultimate Saturday - to comfortably be named as the PFA Fans’ Premier League Player of the Month for November. Much of Moses’ success in the current Chelsea side has been the 25-year-old’s ability and willingness to take on the right wing-back role that Conte asked him to occupy in September, which sees the winger play just in front of Pedro and carry out both defensive and attacking work. Moses and Pedro have enjoyed a good relationship on the right flank, and the latter believes that Moses has developed into a “complete” player under the watchful eye of Conte. “Victor is playing very well, he’s on fire and performing well in every game,” Pedro told Chelsea’s official website. “In the last few matches he’s been our best player and it’s a pleasure for me to play with him

on the right-hand side. “He’s very compact, really strong and he has a lot of skill, he’s a complete player.” Also yesterday, New African Soccer magazine named Moses as the English Premier League African Player of the Month of November. The Nigeria star edged Kenya’s Victor Wanyama from Tottenham Hotspur and fellow Nigerian Victor Anichebe of Sunderland to win a second straight award in two consecutive months; the first player to perform such a feat since the award programme started in 2014. New African Soccer in a statement, congratulated the Nigeria winger but also mentioned the competitiveness of the November award, especially in the votes. ‘Victor Wanyama, also a onetime winner of the award, put up a strong showing and this was rightly justified, considering his role in Tottenham Hotspur’s early surge which made them the last to be beaten in the League. His move from Southampton was a positive one,” Tunde Adelakun, CEO of New African Soccer noted. He added, “As for Victor Anichebe, it is just pleasing to see this player come back into form after years of uncertainty, loss of form and injuries that looked like will curtail his career. His three goals in November made him a worthy nominee”. The November award will be handed to Victor Moses in the coming days.

Enugu State Govt Dump Super4 Officials of the League Management Company (LMC) are at cross-roads over reported apathy of the Enugu State government towards the hosting of the 2016 Nigeria Professional Football League (NPFL) Super4, a day to the tournament’s kick-off. While initial reports indicated that Governor Ifeanyi Ugwuanyi was excited by the prospect of the state hosting the major tournament, sources close to the LMC revealed that the excitement has not been matched by support for the hosting of the event. An official who pleaded anonymity as he is not authorised to speak on the matter disclosed that “for the first time, a host state is not providing logistics for the tournament such as fuel for generators, accommodation for teams and match officials and official vehicles”. Another source close to the Enugu State Commissioner for Sports, Hon. Charles Ndukwe said the governor said the state cannot afford the amount the LMC stated in a proposal to the state and that this has made it difficult to formally reply the LMC in writing. “Yes, the state wants to host the tournament but there is financial constraints but we believe His Excellency, Governor Ugwuanyi will review his position as there

are serious benefits that the state will derive”, the source stated. The 2016 NPFL Super4 is billed to kick off on Wednesday, December 7 with Wikki Tourists and FC IfeanyiUbah at 5pm while Rangers and Rivers United play the second tie of the day at 7pm. LMC Head of Special Projects, Harry Iwuala refused to comment on the report when contacted but said “the Super4 is holding as scheduled and whatever challenges that are encountered will definitely be resolved”.

Victor Moses

U E FA C H A M P I O N S L E A G U E

Iheanacho Good for Aguero as Unsettled City Targets Celtic Win Pep Guardiola’s Manchester City will look to turn the page on their turbulent weekend defeat by Chelsea when they entertain Celtic in their final Champions League group game this evening. City’s 3-1 loss on Saturday left them four points below Chelsea, who top the Premier League table, and saw Sergio Aguero and Fernandinho dismissed for losing their heads in stoppage time. Guardiola’s side are already assured of a place in the Champions League last 16, while Celtic cannot even reach the Europa League, but goalkeeper Willy Caballero says the hosts still have a point to prove. “Just hearing the anthem of the Champions League is a big motivation. It is the most

important competition in the world,” the Argentine said during a pre-match press conference yesterday. “With this, it is enough. We have to respect this kind of game. We are going to play against a champion team and be focused and play in the same way we did against Borussia (Moenchengladbach) and Barcelona. “We lost at home. We need to recover the feeling of a winning team and the only way to do that is to win tomorrow.” Caballero is expected to start in goal in place of Claudio Bravo as Guardiola rotates his starting XI for the Etihad Stadium encounter. With Aguero banned from domestic football until New Year’s Eve, Guardiola must

CAS Upholds Blatter’s Six-year Ban from Football Former FIFA President Sepp Blatter’s six-year ban from football has been upheld after an appeal to the Court of Arbitration for Sport (CAS). The 80-year-old Swiss was banned over ethics breaches as his 17 years as head of football’s world governing body ended in a corruption scandal in 2015. He was found to have made a £1.3m “disloyal payment” to ex-UEFA boss Michel Platini. Both deny wrongdoing. CAS described the payment as “an undue gift” with “no contractual basis”. Blatter said “no other verdict

could be expected”. He added: “I have to accept this decision. I have experienced much in my 41 years in FIFA. I mostly learned that you can win in sport, but you can also lose.” In its written verdict, CAS said Blatter “requested the annulment of the ban but did not request a reduced penalty”. It added: “In any event, the panel determined that the sanction imposed was not disproportionate.” FIFA suspended Blatter and former France international Platini for eight years in December, but the bans were reduced to six years

by its appeals committee. In May, CAS reduced Platini’s ban to four years after he appealed. The 61-year-old had sought to get the punishment overturned, but a three-man panel said it “was not convinced by the legitimacy” of the payment Blatter made to him in 2011. Both men said it was for consultancy work Platini had done for Blatter between 1998 and 2002, and they had a “gentleman’s agreement” on when the balance would be settled. The payment is also being looked into by Swiss prosecutors.

decide whether to hand him a last pre-Christmas run-out or give his deputy, Kelechi Iheanacho, a chance to get up to speed. “There will be changes Tuesday, definitely,” Guardiola said. “I am so happy to give minutes to people who deserved to play the last games. Whether Sergio will play or not, I will decide Tuesday.” Fernandinho received a three-game domestic ban for manhandling Chelsea’s Cesc Fabregas and will not feature against Celtic due to a one-game European suspension. Captain Vincent Kompany remains sidelined with a knee problem and Raheem Sterling is not expected to feature, having missed the Chelsea game after taking a knock to his knee. But midfielder Fabian Delph is thought to be close to a return to first-team action after over three months out with a groin injury. Guaranteed to finish bottom of Group C, Celtic have only pride to play for, but they will hope to bow out with a performance akin to their fine showing in their 3-3 draw with City in September. The Scottish champions have not won a game in Europe’s toplevel competition proper since October 2013, while the last of their three victories in England dates back to 2003. But they have had a memorable 10 days, claiming the Scottish League Cup to bring up a century of trophies, and go into the game on the back of a last-gasp 4-3 win at Motherwell on Saturday. “It was definitely a day to

remember,” said Australian midfielder Tom Rogic, who netted a 90th-minute winner at Fir Park. “We are certainly champions for a reason and it is days like those when you are up against it, it tests your character as a group and as a unit and when you come through it, it is pretty pleasing. “It was a new challenge and it showed the strength of the team.” One visiting player hoping to catch the eye will be 19-year-old winger Patrick Roberts, who joined Celtic from City last February on an 18-month loan deal. Former City winger Scott Sinclair and left-back Kieran Tierney have been ruled out due to hamstring and ankle injuries respectively. But manager Brendan Rodgers said centre-back Erik Sviatchenko and striker Leigh Griffiths “should be fine” after they sat out the trip to Motherwell due to illness. TUESDAY (8.45pm) Barca v M’gladbach PSV v Rostov Basel v Arsenal Man City v Celtic D’ Kyiv v Besiktas PSG v Ludogorets Bayern v Atletico Benfica v Napoli WEDNESDAY (8.45pm) R’ Madrid v Dortmund Porto v Leicester Tottenham v CSKA Club Brugge v Copenhagen Leverkusen v Monaco Lyon v Sevilla Juventus v D’Zagreb Legia v Sporting

Tuesday December 6, 2016

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Price: N250

MISSILE Senate to Executive

“Regarding appropriation, we have either the Appropriation Act or the Supplementary Act. There is nothing like virement. For our guidance and the guidance of the executive, I propose that going forward, if there is any shortfall or there is need to cover any ground that has not been covered, the appropriate thing is a supplementary appropriation, not a virement because virement is not known to the constitution.” – The Senate implying that there is no provision for virement in the constitution, describing it as a “military terminology” following the N180 billion virement request sent to it by President Muhammadu Buhari on October 27.

VIEWSFROMABROAD Nigeria Urgently Needs Help to Avert a Famine

id agencies sometimes hurt their own cause by crying wolf in anticipation of dire circumstances that do not materialise. In north eastern Nigeria the opposite is the case. The wolves have long since arrived. Not since the 1960s, when images of starving children drew attention to the plight of ethnic Igbos living under siege in the separatist enclave of Biafra, has Africa’s most populous nation faced a humanitarian crisis on this scale. Not since the famine in Somalia six years ago, when a quarter of million people succumbed to hunger and disease, has the international response been so lethally inadequate. Boko Haram, the jihadist group that has waged a campaign of terror across northeastern Nigeria since 2009, is on the retreat. As Nigeria’s military has recaptured territory once controlled by the group, the depredations it has inflicted have become all too apparent. Unlike in Somalia in 2011, there is no immediate threat of drought. But normally resilient farming communities, hardened to life on the fringes of the desert, have been driven from their land, and

President Muhammadu Buhari tens of thousands of children are separated from their parents. As many as 120,000 people will be at risk of death from starvation in the coming year, according to the UN, which this week belatedly launches a campaign to raise $1bn towards relief efforts.

The prevalence of severe malnutrition in children is several times the levels considered an emergency by the World Food Programme. An estimated 7m people overall are in need of aid. There has been a failure to mobilise sufficient resources in response. Struggling with an economic crisis brought on by the collapse in the price of oil, the Nigerian government has been far too slow to recognise that it needs help. Meanwhile, the attention of many aid agencies has been focused on the more visible crises in Syria, Iraq and Yemen at Nigeria’s expense. Britain’s Department for International Development is right to single out the UN for criticism. The UN is expected to take the lead in providing early warnings in emergencies of this kind. Not only has it failed in that respect but its operations, according to experts on the ground, remain chaotic and poorly staffed. But Britain too could be more imaginative in its response. Like a number of European countries, the UK is sitting on tens of millions of dollars in public funds misappropriated by corrupt former Nigerian officials. More than $1bn looted by the former dictator Sani

Abacha remains tied up in forfeiture proceedings in European and US jurisdictions 18 years after his death. A substantial proportion of this, in Switzerland, Luxembourg. Liechtenstein and the Channel Islands, could be released immediately, according to legal experts. Muhammadu Buhari, the former military ruler who was swept back to power in elections last year pledging to wage war against corruption, has sought to freeze billions more misappropriated under recent governments. He could agree to the creation of a trust fund — jointly managed by Nigerian and donor officials — to facilitate the speedy return and deployment in the north-east of some of these funds. Two moral imperatives would be served. One, the need to scale up rapidly the medical and food aid required to avert a famine. Two, to ensure money that is rightfully Nigeria’s is returned without further ado. There could be no better way to use it than to save lives and begin a process of recovery that will require extraordinary resources for many years to come. • Culled from Financial Times

Return Corrupt Cash to the Poor

preventable, humanmanufactured disaster appears to be unfolding in north-east Nigeria. While the spotlight of media attention is facing elsewhere, the spectre of starvation stalks an area staked out by jihadists as their caliphate. One small state in Nigeria has more displaced people than the entire refugee influx that arrived in Europe last year. The brutal armed conflict has sent a million children out of school. Health services have been decimated and cholera and polio, once eradicated, have returned. The violence of Boko Haram, the jihadist group that still controls parts of the region, is characterised by child killing, abductions and sexual abuse – an oppressive, murderous atmosphere hardly conducive to stable government in a part of Africa the size of Belgium. Farmers are unable to harvest their crops and aid agencies say they are unable to reach isolated communities. The region is now entering its third season without a harvest. Where food is available, prices have soared – partly due to a decision to depreciate Nigeria’s currency, the naira. There are clear warning signs that a famine looms while the international community stands by, watches and waits. The concern is that the world springs into action after it is too late. It’s what happened in Somalia six years ago when a quarter of a million people, half of whom were children under five, died. Now Save the Children is warning that there is a “real and immediate” threat

to the lives of 400,000 children who are malnourished and starving. The charity rightly says the crisis is being crowded out of the humanitarian agenda by the more highly visible disasters affecting Syria, Iraq and Yemen. There are concrete steps the world can take. On Monday the United Nations will convene its yearly attempt to assess needs, decide response strategies, and present plans to donors for the areas of greatest global need. It is a good sign that the UN has doubled its humanitarian funding appeal for northeast Nigeria to $1bn. Heartening too that Britain’s Department for International Development is “scaling up investment” in the conflict-scarred part of the country. Yet it must be remembered that last year only 38% of $484m (£380m) that the UN hoped would be donated by wealthier countries for the African nation materialised. Nigeria cannot excuse itself as a failed state. It is Africa’s second-biggest economy. However, more imaginative ways of helping the country are also needed. Save the Children suggests turning ill-gotten gains into crisisdenying cash. Since September illicit Nigerian cash laundered through Britain and seized by British police can be returned to Africa to help with development projects. The sums are not small: recently a former Nigerian state governor pleaded guilty to a £50m fraud. In 2001, it emerged that a former Nigerian dictator laundered $1.3bn through London banks. Nigeria ranks 136 out of 167 in Transparency International’s corruption index. Its current president asked

Britain to return assets held by dishonest Nigerians, shrugging off David Cameron’s suggestion that his nation was “fantastically corrupt”. British aid needs to be spent wisely and we need sanctions, not rewards, for City

institutions that aid capital flight. The proposal is a good way of returning money stolen from Africa’s poorest – and filling the gap between rhetoric and reality in the financing of humanitarian assistance. • Culled from The Guardian, UK

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