Tuesday 13th December 2016 by THISDAY Newspapers Ltd

Oil Gallops to 18-month High After Non-OPEC Producers Agree to Cut 558,000bpd Ejiofor Alike with agency report Crude oil rose by as much as 6.5 per cent yesterday to an 18-month high after the Organisation of Petroleum Exporting Countries (OPEC) and non-OPEC producers

reached their first deal since 2001 to jointly reduce output to try to tackle global oversupply and boost prices. After a year of wrangling, OPEC had agreed on November 30 to cut output by 1.2 million bpd for six months, effective January 1,

2017, with top exporter Saudi Arabia cutting around 486,000 bpd to curb the oversupply that has dogged markets for two years. The Guardian of the UK reported that a group of 11 countries, which are not part of the OPEC cartel, also

collectively agreed to cut output by 558,000 barrels per day from January 1, 2017. The cut by non-OPEC bolstered the production cuts agreed by OPEC to stem the worldwide glut in oil and drive prices higher. Also, the deal between

OPEC and non-OPEC producers was the first of such deals between the two groups in 15 years. Saudi Arabia further signalled that it might be prepared to make deeper cuts, on top of the 486,000 bpd it initially pledged.

“I can tell you with absolute certainty that effective January 1, we’re going to cut and cut substantially to be below the level that we have committed to on November 30,” said Saudi’s Oil Minister Khalid alContinued on page 8

Police Nab One of the Masterminds Behind Kidnap of CBN Governor’s Wife...

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Army Colonel Assassinated in Ibadan Command School...

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Security Personnel Attempt to Disrupt Rivers Senatorial Results Announcement PDP wins two, APC one as both parties reject results Wike: Federal

might will not work in 2019 Makarfi, Sheriff trade words over mega party Ernest Chinwo in Port Harcourt and Onyebuchi Ezigbo in Abuja The anarchy in Rivers State arising from the violent rerun elections held in the state on Saturday, took a turn for the worse yesterday when some

security operatives made up of soldiers and policemen in Special Anti-Robbery Squad (SARS) uniforms stormed the Port Harcourt City Hall collation centre and tried to disrupt the declaration of Continued on page 6

Death Toll of Collapsed Church Building in Uyo Put at 29

Church’s pastor speaks from hospital bed, absolves self of blame Chiemelie Ezeobi in Lagos and Okon Bassey in Uyo with agency report The number of people who died in Saturday’s collapsed Reigners Bible Church building in Uyo, the Akwa Ibom capital, has been put at 29.

The state Commissioner of Police, Murtala Mani, confirmed this in Uyo while speaking to the media yesterday. However, Reuters disputed the figures, anchoring doubts Continued on page 6

Buhari Departs for Gambia Today to Persuade Jameh to Handover Power... Page 9

ETERNA RENDERS ACCOUNT TO ITS SHAREHOLDERS...

L-R: Non-Executive Director, Eterna Plc, Mr. Ibrahim Boyi; Managing Director/CEO of Eterna Plc, Mr. Mahmud Tukur; and Chairman of the company, Chief Michael Ade Ojo, at the company’s 23rd Annual General Meeting, held in Lagos… recently

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T H I S D AY TUESDAY DECEMBER 13, 2016

TUESDAY DECEMBER 13, 2016 T H I S D AY

T H I S D AY TUESDAY DECEMBER 13, 2016

TUESDAY, DECEMBER 13, 2016 • T H I S D AY

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Police Nab One of the Masterminds behind Kidnap of CBN Governor’s Wife Dele Ogbodo in Abuja The Nigeria Police yesterday said they had finally arrested the last of the 10-man gang believed to have been involved in the kidnapping of the wife of the governor of the Central Bank of Nigeria (CBN), Mrs. Margaret Emiefele, at Ugoneki village, along the Benin-Agbor Expressway last September.

The police had in October paraded nine of the suspected gang members who confessed their involvement in the kidnapping, with large sums of money and ammunition recovered from them. The Force Public Relations Officer, Mr. Don Awunah, a Deputy Commissioner of Police, while giving the latest suspect’s identity as Umar

Abubakar, aka Kiriwa, in a statement said Abubakar was arrested in Minna, Niger State last Thursday. He said the Inspector General of Police (IG) Intelligence Response Team succeeded in arresting the suspect through monitoring, intelligence gathering and support from the public. The statement read: “Umar

Abubakar, one of the arrow heads of the daredevil kidnapping gang led detectives to two houses and three plots of empty land he purchased with the proceeds of his share of the ransom paid (by the family). “The arrested kingpin confessed that he used N3 million, part of the ransom, to open a provision shop in Minna, Niger State which he

was running with his wife.” According to Awunah, the original papers of the houses and plots of land have been recovered and registered as exhibits and the shop also sealed. “The Nigeria Police Force, with the assistance and the support of the people will ensure that no crime committed will go undetected and perpetrators apprehended for justice and

closure to prevail in the court of law,” he said. He said the IG reassured Nigerians and foreigners of the readiness of the police under his leadership to deliver dedicated and quality policing. He urged all to be vigilant, provide useful information and report suspicious movements and activities to the police for prompt response.

the Rivers governor and the people”. “I dedicate this victory to all the people of the Rivers East Senatorial District and indeed the entire people of the state. If not for their commitment and that they came out to support democracy, I believe that the hell-raiders would have taken away our mandate,” he said. He also promised to pursue electoral reforms when he rejoins his colleagues at the Senate. Also addressing the crowd at the city hall, Wike said the overbearing federal might which he said was on display before, during and after the rerun polls in the state, would not be allowed to happen in any other election in Rivers State, as the people had been taught how to prepare for elections.

He also threatened to withdraw logistics support to security agencies in the state in response to their activities during the elections. Wike said: “I thank God for the strength and courage he has given to us in this election. We have really sacrificed. I know that freedom comes with sacrifice. “Rivers people were murdered for just simple legislative elections. The federal government came with their might to conquer Rivers State, just because they wanted to win. They killed people because they want the state. “The blood of those people they killed will be on their heads. States that cannot pay their workers salary and cannot carry out meaningful projects brought money to rig the

elections in this state. “They should be ashamed because they won one senatorial seat but we won two of the senatorial seats. They fought but God said, no way, do not be intimidated. This will never happen in 2019. “They have shown us that there is no democracy in Nigeria, if not why don’t they conduct elections the way they have been done in other countries.” In his reaction to the results released yesterday, APC gubernatorial candidate in the 2015 election and Director General of the National Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside, said the party would not accept the results, alleging

injured in the neck until he felt a paid around the neck and a subsequent x-ray at the hospital showed that he neck was sprained necessitating his admission.

He said since the incident occurred, the church’s leaders had visited all the hospitals across the state to pray with people and console them. “I want to say to every family in pain that God is the healer. Let all Christians in Akwa Ibom State know that this battle is not Akan Weeks and his church. It is a battle between the kingdom of darkness and the church in the land,” he said. Weeks thanked the state government, security operatives, hospitals and blood donors, among others, who had helped with the rescue operation. “I want to say a very big thank you to the governor, Deacon Udom Emmanuel, for his support and love for standing by us in this trying moment. “I also want to appreciate all the medical personnel, the hospitals, those that have donated blood, and those that have been standing by us in this trying moment. “I am really sympathetic over the departed souls; you are really in my heart. As soon as I recover fully, I will come on air to also pray and appreciate every one of you,” he promised.

the church claimed no stampede occurred. The Synagogue church witnessed a similar tragedy two years ago, when a six-storey guest house within its premises collapsed, killing 115 persons, 84 of them from South Africa. Speaking yesterday on the condition of anonymity, one of the media officials of the church said: “It was just a rumour. I can tell you categorically that nothing of such happened here. “Funny enough, I was even in church on that said Saturday when they claimed it happened. All the same, when I got the call from a journalist, I still consulted the media team. “You can do your findings. Nothing like that happened. You know the media team follows the prophet around with a video and still camera. How come none of the cameras picked up the stampede?” When THISDAY reached out to both the National Emergency Management Agency (NEMA) and its state counterpart, Lagos State Emergency Management Agency (LASEMA), they also said they were not aware of any stampede at the Lagos-based church. The state Commissioner of Police, Fatai Owoseni, also said he was not aware of any stampede of any nature in Lagos. According to Owoseni, there was no way something of that nature could have happened without the police in the area being aware of the incident. He said he was aware that the Synagogue Church had a programme over the weekend and asked for security, but added that his men did not file any report of a stampede. Further attempts by THISDAY to reach out to the chief security officer of the church, one Mohamdim Ahmed, proved abortive, as he did not respond to the calls on his phone. He also did not reply to a text message sent to him as of press time.

SECURITY PERSONNEL ATTEMPT TO DISRUPT RIVERS SENATORIAL RESULTS ANNOUNCEMENT results by the Independent National Electoral Commission (INEC).

INEC yesterday had announced the Peoples Democratic Party (PDP) candidates – Senator George Sekibo and Mr. Osinachukwu Ideozu – winners of the senatorial rerun elections in Rivers East and Rivers West Senatorial Districts, respectively. This was after the commission had declared Senator Magnus Abe as the winner of the Rivers South East Senatorial District election on Sunday. However, the All Progressives Congress (APC) in the state kicked against the results that showed PDP had won two of the senatorial seats, saying it would contest them as it was not done in accordance with

the law. Declaring the results at the collation centre, the Returning Officer for Rivers East, Prof. Orji Okumenkama, said Sekibo scored 93,098 votes to defeat the candidate of the APC, Chief Andrew Uchendu, who scored 34,193 votes. The Returning Officer for the Rivers West Senatorial District, Prof Raphael Ndubuisi Echebiri, also declared that Ideozu of the PDP had polled 107,166 votes to defeat APC’s Otelemaba Amachree who scored 46,898 votes. The announcement of the results, however, did not come without drama, as some security operatives made up of soldiers and policemen in SARS uniforms stormed the Port Harcourt City Hall collation centre and tried

to disrupt the process. However, as more people were attracted to the melee that ensued at the city hall, the security operatives shot sporadically into the air to scare the people and made their exit. In the ensuing confusion, an INEC election officer, Mary Tokoyo, was manhandled. “They (security operatives) hit me with a chair, they slapped me. I was molested,” she told journalists as she was taken to the hospital for medical attention. The state governor, Nyesom Wike, was among those who rushed to the collation centre, as the security operatives invaded the centre. Addressing supporters shortly after the announcement of the results, Sekibo dedicated his victory to “the resilience of

Continued on page 8

DEATH TOLL OF COLLAPSED CHURCH BUILDING IN UYO PUT AT 29 on witness accounts. Reuters said no fewer than 100 people were killed by the collapsed church belonging to Reigners Bible Church International, according to a resident and photojournalist who visited a morgue.

On Sunday, it was reported that 27 had died, while 37 persons, who suffered from various degrees of injury were receiving treatment at designated hospitals. The latest figure now shows that 35 persons injured were receiving treatment. The police commissioner said: “The remaining 35 persons are responding to treatment.” He however declined to confirm whether any member of the Akwa Ibom Executive Council (EXCO) was involved. “I don’t know of any EXCO member involved,” Mani said. He also said that he was not aware of the arrest of the contractor and the engineers that handled the church building project. In a statewide broadcast on Sunday condoling the victims’ families, the state governor, Mr. Udom Emmanuel, had ordered the arrest of the contractor that handled the church building. Emmanuel also ordered an investigation into the cause of the building collapse during a worship session, where the governor himself, who was in attendance but escaped unhurt. The governor was the special guest of honour at the bishopric consecration service of the church’s founder, Mr. Akan Weeks. The church sited along Uyo village road near Government House, was alleged to have been hastily completed to host the bishopric enthronement of the founder. Despite the official casualty figures provided by the police, the Akwa Ibom State Commissioner for Information and Strategy, Mr. Charles Udoh,

yesterday said that the state government could not release or confirm the exact number of deaths recorded following the collapse of the church until reports of various agencies involved in the rescue operation were compiled. The commissioner, who was one of the survivors of the tragedy and was admitted at the Ibom Specialist Hospital for the injuries he sustained, made the statement from his hospital bed. “I have directed my Permanent Secretary and Chief Information Officer to get in touch with emergency agencies to ascertain the actual figures so that we can release them formally. “They have assured me they are on top of it. I will get in touch with them again and will be able to sort that out as soon as possible,” he said. Opening up on his ordeal at the church, Udoh said: “Watching the roof come down was like watching a scene in a movie. I was actually trying to rush out to catch a flight, just as I stood up to seek His Excellency’s (the governor) permission, I saw the roof coming down. “Surprisingly I did not panic, even with the notion that the roof was coming down. The first thing that came to my mind was to avoid the main pillar from hitting me; the other option was to try and get in between the iron rods, this was within a split of second. “When that thought came I was like: ‘This thing is going to chop off my head.’ So the next thought was to pick up a chair to protect my head, but and the thing slammed the chair out of my hands and landed on my head. “I didn’t fall, I was still standing, then my phone fell, so I bent to find my phone when I realised that my face was covered with blood. “I tried finding my way out, when the lady that was beside

held me and begged for help. I tried to help but couldn’t because she was already trapped. “At that moment the only thing that came to mind was to get out of the rubble before I lost consciousness. Luckily for me, as I got out, I saw my police orderlies and was rushed to the hospital.” Nollywood actor, Ekere Nkanga, who was also injured, said: “From my knowledge of safety first, there is no accident that is not a human error. “I actually observed that the church was under construction and the roof was partly covered. Shortly after the governor and all the EXCO members and the bishops took their seats, we were about start the main event, then we heard a loud sound. “From the moment we heard the sound and the moment we saw corpses wasn’t up to 10 seconds. This was beyond comprehension; I personally saw death coming but some force greater than me kept me alive. “A few seconds later, when I was trying to get up, the body of a man cut into two from the belly was on me. There were corpses on me. From the crumbled parts of corpses, God raised me up. “I looked at the man on my left, he was like a vegetable, so I picked him up and gave him to the next man, looked out for my brother but I couldn't find him but I was able to control the panic rising in me. “So, I later found my phone and called the Chairman of Uyo Local Government Area to mobilise rescue and medical teams. People were crying seeing their relatives dead. “I had to start beating people to ascertain those that were dead and those who were alive. We were able to free about five to eight people who were trapped before I started searching for my brother.” Nkanga added that in the mayhem that ensued, he did not know that he had been

Church’s Pastor Absolves Self of Blame Also speaking in a radio broadcast from his hospital bed in Uyo, the founder and presiding pastor of the church, Mr. Weeks, appealed to residents of Akwa Ibom State not to blame him for the tragedy, insisting that he was innocent. Weeks, who spoke from an undisclosed hospital, said: “I am presently injured, one of my legs has been condemned and I am still being treated. This is not the time to criticise me. I am still your brother, I am still your pastor, all members of Reigners’ family stand by their people.” The pastor debunked rumours that despite the tragedy, he still went ahead the same day to be enthroned as a bishop at a church near Uyo. “Please, let nobody believe the rumour that I have been enthroned as a bishop. The enthronement was cancelled completely and I am not interested. “I am much more interested in the souls of those people that I laboured to win over to Christ over the years right from my tender age. I am so sorry I sympathise with all the families. Please let us rise and pray, together we will win the battle,” he said. He added: “The incident that happened on Saturday during my enthronement was very unfortunate. But God is still on the throne. What happened, God knows best, nobody can question him and I want to say that for the departed souls and those injured, God will give a quick and speedy recovery wherever they are.”

Synagogue Dismisses Claims of Stampede Meanwhile, the Synagogue Church of all Nations (SCOAN) yesterday dismissed claims that three persons were killed in a stampede that allegedly occurred within the church’s premises at the Ikotun area of Lagos. Reports earlier yesterday said the victims died while struggling to see and touch the General Overseer of the church, Prophet Temitope Joshua, popularly known as TB Joshua, during a special healing service held at the church. Although the reports claimed that the police from the Ikotun Division had moved the corpses to the mortuary pending identification by their relatives,

T H I S D AY TUESDAY DECEMBER 13, 2016

T H I S D AY • TUESDAY, DECEMBER 13, 2016

NEWS

King Sunny Ade’s Guitar Auctions for Record N52m A vintage fender guitar owned by legendary Nigerian musician, King Sunny Ade, was at the weekend auctioned for a record N52.1 million in Lagos. The guitar, which was auctioned by Dr. Jogun Onabanjo, a certified auctioneer and chief executive of Onabanjo and Onabanjo & Co, is known to have been designed by Nigerian artist, Victor Ehikamenor. The glittering artistic piece was placed on the block at the King Sunny Ade 70th birthday concert tagged, Sunny on Sunday, which was attended by Nigeria’s richest and top celebrities, reported the

News Agency of Nigeria (NAN). The starting bid of N9 million was followed by a very competitive bidding war by the well-heeled audience comprising influential businessmen such as Alhaji Aliko Dangote and Mr. Femi Otedola, before closing at N52.1 million. While the bid was in progress, the asking price for the guitar doubled to N17 million under two minutes before exceeding the N50 million mark in 15 minutes. As is usually the case, the eventual winner of the auction was not revealed. The concert held at the Temple Balmoral Marquee,

Federal Palace Hotel, Victoria Island, Lagos. Expectedly, the social media, especially twitter, was agog yesterday after the auction of the guitar. DaddyMO said: “What recession??? King Sunny Ade’s guitar went for N52.1million from a starting price of N9m… Legendary!!!!!” Chidi Okereke @Chydee said: “So, last night, somebody bought King Sunny Ade’s guitar for N52.1 million. In this recession?” Ehikioya @Mistakingso said: “If a guitar by King Sunny Ade could go for N53m, how much do you think Fela’s sax will go for?”

King Sunny Ade's vintage guitar

Ambode Unveils Plan to Build Five New Arts Theatres

The Lagos State governor, Akinwunmi Ambode, at the weekend unveiled plans to build five new arts theatres across the state as part of efforts to engage the youths and promote tourism through arts and entertainment. A statement by the governor’s media aide, Mr. Habib Aruna, said the governor made the disclosure at the Muson Centre,

Onikan, Lagos, where a play, ‘Heartbeat the Musical…A New Beginning,’ directed by Olu Jacobs and his wife, Joke Silver, was staged. Ambode said the theatres would be up and running before the end of 2017. Speaking shortly after the stage play, Ambode said he was thoroughly impressed by the production of the play, saying it was a confirmation

that Lagos was not only the destination for arts, culture and entertainment, but has budding youths ready to showcase their talents. He said: “I never believed I could sit down for two hours, I thought I would just pop in briefly and then leave, but this is awesome and fantastic, I thoroughly enjoyed it. “The mere fact that I

believe strongly in arts, entertainment and sports, everything that is arts, like I said, before the end of next year, we are going to have five new theatres in Lagos. “We are already engaging Terra Kulture and we are speaking to another consultant and the truth is that we want to have the theatres in Badagry, Epe, Ikorodu, Alimosho and on

the Mainland. “We already have one in Victoria Island. But the truth is that this is where the energy of Lagos is and that is where we should go. “It’s not so much about the physical infrastructure, but 67 per cent of the Lagos population is below the age of 35, so we need to start finding things to keep the younger ones more creative

and then open the space for them to be able to just show their talents.” Ambode further revealed that the state government was fine-tuning plans ahead of its Lagos @ 50 celebrations coming up on May 27, 2017, adding that several events that would promote the arts and entertainment sector would be incorporated in the celebrations.

$2.16 at $53.66 a barrel. With the deal signed after almost a year of disagreements within OPEC and mistrust in the willingness of non-OPEC Russia to participate, focus is

switching to compliance of the agreement. Saudi Aramco has told US and European customers that it will reduce oil deliveries from January.

properties. “There is incontrovertible evidence that the security agencies worked for the APC against the interest of the Rivers people. They followed the directives of the APC chairman, John Odigie-Oyegun and Governor Ibrahim Ganduje of Kano State during the mega rally of the APC last week. “They killed, they maimed, they harassed, all in a desperate bid to help the APC win at all cost. Very sad! “It is trite that the army dishonourably left its primary assignment and worked assiduously with INEC, in collusion with the APC leaders in Rivers State led by the Minister of Transportation, Chibuike Amaechi, and mindlessly wrote the results that produced Senator Magnus Abe in Rivers South East Senatorial District. This action depicts a sheer rape on democracy,” the party said. In addition, the PDP’s factional leaders engaged each other in verbal attacks yesterday over moves to realign with other political groups ahead of the 2019 general election. The spokesman of the Senator Ahmed Makarfi-led PDP, Mr. Adeyeye, said in a statement that Sheriff and his co-travellers were agents of the APC working to destabilise the PDP. “We maintain that these people are agents of the APC. They are paid agents of the ruling party to destabilise our great party. It is evident that they are all profiting from the crisis. “We are concerned about the massive rigging of the elections in Rivers State by the APC. These agents of the devil are careless. If they are true members of the party, will they be gloating over the open robbery of our party in Edo, Ondo and now

Rivers?” he asked. Adeyeye described the latest outburst from the Sheriff-led faction of the PDP as “acting on the prompting of its sponsors who want to use the faction to divert attention from the electoral heist in Rivers State”. The statement said: “Note that Sherriff and his cohorts have never for once spoken for the party against the APC. Nor have they at anytime defended the interest of the party in any way. “All they have always done is to constitute a source of distraction, nuisance and irritation for us at very critical times.” But the Deputy Chairman of the Sheriff faction, Dr. Cairo Ojougboh, issued a counter statement, accusing Makarfi and the National Caretaker Committee that he chairs of a plan to drag the PDP into an alliance with other political groups. “Senator Makarfi, in an interview, claimed that Ali Modu Sheriff in planning a one-party state in Nigeria. That is the same Ali Modu Sheriff that three governors claimed wanted to contest for the post of president in the PDP. “Fellow Nigerians, party faithful, the illegal caretaker committee has now transcended from impunity to blackmail. There is nothing they will not say or do to lay claims to the headship of our dear PDP which they plan to annihilate. “It is interesting to note that the Board of Trustees of the party has stated that the party will not change its name or join a mega party. Makarfi and his illegal caretaker committee is free to form their own party. They should kindly exit the party with their impunity and corruption,” he said.

OIL GALLOPS TO 18-MONTH HIGH AFTER NON-OPEC PRODUCERS AGREE TO CUT 558,000BPD Falih after Sunday’s meeting.

Reuters also reported that on Saturday, producers from outside OPEC, led by Russia, agreed to reduce output by 558,000 bpd, short of the target of 600,000 bpd

but still the largest contribution by non-OPEC members ever. From outside OPEC, Russia said it would gradually cut 300,000 bpd. Following the steps taken by

the global producers to reduce the inventory in the oil market, Brent crude futures were up $2.21 at $56.54 per barrel, after hitting a session peak of $57.89, the highest since July 2015.

The price was 50 per cent higher than at this time last year, marking the largest year-on-year rise on any given day since September 2011. US crude futures were up

SECURITY PERSONNEL ATTEMPT TO DISRUPT RIVERS SENATORIAL RESULTS ANNOUNCEMENT that some local government areas were not collated. Addressing journalists at the APC state secretariat, Peterside said: “We want to quickly give you a few important developments that happened today so that Rivers people and Nigerians will know what is happening in the state. “This morning by 9:00 hours, Chinyere Igwe, a member of the Rivers State Executive Council, who is not an INEC official was caught with original pre-filled senatorial results for Emohua Local Government Area. The police have since arrested him. “As I speak, Chinyere Igwe is still with the police and those pre-filled result sheets by members of the PDP are with the police. We have also been briefed by our representatives that they have gone ahead to collate senatorial results without the result of Emohua, which is the local government of our senatorial candidate. “Meanwhile, there was a proper election in Emohua and credible results where APC emerged victorious. However, because, they could not bring in their fake result sheets, the result they filled outside the purview of INEC, they have gone ahead to declare a few other results.” When contacted, the state Police Public Relations Officer, Nnamdi Omoni (DSP), expressed ignorance over the arrest of Igwe. He said he was not aware that the commissioner was arrested for any election malpractice. Other results declared by INEC showed that the PDP’s candidate, Boma Goodhead, won federal constituency seat in Akukutoru/Asaritoru, Tai Barinada of the APC won the Tai/Eleme/Oyigbo federal constituency, Pronen Maurice

of APC won the Khana/ Gokana federal constituency, while Wihioka Chidi Frank of APC won the Ikwerre/Emohua federal constituency. Also, Tekena Wellington of the PDP won the Asaritoru I state constituency, Enemi Alabo George of the PDP won Asaritory II state constituency, Blessing Pepple of the PDP won Bonny state constituency, Josiah John Olu of the APC won Eleme state constituency, Friday Nubari Nkeye of APC won Khana II state constituency, and Nwanjoku Chikre Azubuike of APC won the Ikwerre state constituency. After the results were announced, INEC confirmed the conclusion of the senatorial elections in Rivers State. Briefing journalists at the state headquarters in Port Harcourt last night, INEC’s National Commissioner in charge of the South-south Zone, Dr. Lecki Mustapha, said: “At the senatorial district level, we have three seats that were contested and all three seat have been returned. Nothing is outstanding as far as the senatorial elections are concerned. “With regards to federal constituencies, we have eight federal constituency seats that were contested. Of this eight, four have been declared and four are outstanding. The four outstanding are Andoni/Opobo/ Nkoro, Bonny/ Degema, Etche/ Omuma and Okrika/Ogu/Bolo. “As far as the state constituencies are concerned, we have nine state House of Assembly positions that were contested. Six out of these nine have been declared, three are outstanding comprising Andoni, Etche II and Gokana.” On the Etche state constituency election, Mustapha added: “We had a lot of difficulties in Etche

arising from violence, ballot snatching, attack on INEC officials and all these things affected the character of the election. “As a result, we were not able to conclude the outstanding rerun election in Etche, pending further announcement from INEC.” He also said: “As regards Andoni, which is also outstanding, we had a lot of difficulties due to violence. We went back there several times and up till this moment, after a meeting with Andoni stakeholders, we have agreed that we can reset the collation. “So as we speak, the collation from the ward level up to the LGA level, which will result in the announcement at the state constituency level, we believe that before tomorrow morning that will be concluded and we will have a declaration for Andoni as far as the state constituency and federal constituency are concerned.”

PDP Rejects Senator Abe’s Victory But in its reaction to the results declared by INEC, the PDP yesterday rejected the victory of Senator Magnus Abe in Rivers South East Senatorial District and accused the commission of using fabricated results to arrive at its decision. The PDP also demanded that the commission should conduct another election in the senatorial district and condemned the continued delay by INEC in releasing the remaining collated results of the rerun elections. A statement issued by the party’s spokesman, Mr. Dayo Adeyeye, accused INEC of withholding the results in

collaboration with the security agencies to pave the way for the APC to manipulate the outcome of the elections. “The result that has been released which declared Magnus Abe of the APC winner, is an unprecedented massive manipulation of the electoral process, in active connivance with the security agencies. “The whole world knows that elections did not take place in the Rivers South East Senatorial District. “We therefore reject the declaration of Magnus Abe with the fabricated results, and demand INEC to conduct another election in that district. We promise to avail ourselves of every opportunity to seek redress on this matter in the interest of democracy and that of the constituents who were denied their right to vote,” it said. While expressing dismay at the continued delay of the remaining results by INEC, PDP asked the commission to immediately release the affected results intact. “Anything short of this is unacceptable and INEC, the security agencies and the Minister of Transportation, Chibuike Amaechi, should be held responsible for whatever manner the people of Rivers State decide to react for robbing them of their votes. “We again condemn in totality, the adverse role of the Nigerian Army, the Police Special AntiRobbery Squad (SARS) and other security agencies during this rerun elections in Rivers State. “It was a nightmare and a complete reversal of their constitutional mandates of safeguarding the territorial integrity of the country and the protection of lives and

TUESDAY, DECEMBER 13, 2016 • T H I S D AY

NEWS

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

Forex Constraints: Nigerian Airline Operators Risk Reinsurance Blacklisting By Lloyd’s Chinedu Eze and Ebere Nwoji For their failure to regularly meet their reinsurance obligations to their foreign reinsurers, Nigerian airline operators are facing risk of total blacklisting by their foreign reinsurers, Lloyd’s of London. Already, Lloyd’s has made its position clear to the operators in this regard. Representatives of the global reinsurance giant who

visited Nigeria recently, made no pretence about their parent body’s decision as they plainly informed the insurers of the foreign reinsurer’s decision. Reacting to this, the Chairman of the Association of Airline Operators of Nigeria (AON), Nogie Meggison, in a statement, said forex constraints are their main problem. According to him, the operators have the naira equivalent of the premium cost but could not access forex

Buhari Departs for Gambia Today to Persuade Jameh to Handover Power Tobi Soniyi in Abuja President Muhammadu Buhari is set to travel to The Gambia today to intervene in the crisis brewing in the country after the incumbent President, Yahya Jammeh, rejected the results of the presidential election which he lost to his opponent. The British Broadcasting Corporation (BBC) reported that Buhari would meet with and persuade Jammeh to hand over to Adama Barrow, the president-elect. BBC further reported that Buhari would be joined by other West Africa leaders, in a bid to end the political crisis brewing in the West African country. Jammeh lost the justconcluded election in the country, and conceded the elections to Barrow, a real estate mogul who has never held a political office. “I’m calling you to wish you all the best, the Gambian people have spoken and I have no reason to contest

the will of Almighty Allah,” Jammeh had said at the time. The December 1 vote saw Barrow win 222,708 votes (43.3 per cent), while Jammeh polled 208,487 (39.6 per cent). In a dramatic u-turn, Jammeh later rejected the election result, saying: “After a thorough investigation, I have decided to reject the outcome of the recent election. “I lament serious and unacceptable abnormalities which have reportedly transpired during the electoral process. I recommend fresh and transparent elections which will be officiated by a god-fearing and independent electoral commission.” John Mahama, Ghanaian President who just lost and conceded in the West African country, will also join the African leaders in persuading Jammeh to relinquish power. The United Nations, African Union and the Economic Community of West African States (ECOWAS) had all called on Jammeh to relinquish power.

to pay their premium. This is coming on the heels of efforts by the Nigerian insurance industry operators to enforce the regime of “no premium, no cover among insurance buyers in the country. Representatives of Lloyd’s of London market who were in Nigeria recently, noted that the Nigerian market is a high risk market, yet the volume of business from the country is quite modestly small and airline brokers are not paying their premium. To this end, they cautioned that in view of the fact that airlines brokers in Nigeria have in recent times failed to pay their premiums, the Lloyd’s market might have no other choice than to blacklist the country which might have far-reaching consequences for the aviation industry and the country to a large extent. According to Meggison, Lloyd’s market accounts for about 92 per cent of reinsurance of airlines globally, five percent by Russian market, Cyprus and others, while a mere two per cent is retained locally worldwide. He said going by their minimum capital base

and technical capacity, the Nigerian market is grossly unable to effectively underwrite risks in aviation because of the high exposure of an average $500million for just one airplane to cover hull, war and third party liability. When this figure is multiplied by the number of aircraft operating in the country, it becomes clear that Nigerian insurance companies cannot cope, considering the enormous volume of resources needed to cover all those aircraft of which the total coverage value would be in excess of $6billion. According to Meggison, virtually 100 per cent of the aircraft being operated in Nigeria are re-insured in the Lloyd’s market. Hence, Nigeria cannot afford to be blacklisted as a nation because this would have very grave and deleterious consequences, as the entire domestic airlines would shut down since airplanes cannot be operated without being insured. He said it would take some days at best to switch to the secondary market of Russia and China, whose premiums would also have skyrocketed if they are blacklisted by

Lloyd’s. Meggison added that: “a blacklist will certainly have a negative impact on the Nigerian economy arising from inability to acquire aircraft from Lessors with no insurance, total suspension of operations by airline charter and oil support helicopters, job losses, and other sectors being reinsured by Lloyds market such as oil rigs, vessels, high rise buildings, airports and terminal buildings, among others. Similarly, a downgrade or outright blacklist will mean very high premiums due to high risk levels.” Furthermore, the AON Chairman cautioned that if Nigeria is blacklisted from Lloyd’s market, operators might still have a difficult time getting their aircraft insured because the alternative is the Chinese or Russian markets which might find it hard to absorb them due to the fact that Lloyd’s has blacklisted them. He said, for instance, if Nigeria is blacklisted, the premiums would rise by 300 per cent due to the high risk, adding that even the national carrier of Russia, Aeroflot Airlines, has 98 per

cent of its risks underwritten by Lloyd’s of London market while two per cent is retained locally in Russia; so is Air China. Meggisom admitted that Nigerian airline operators are not keeping to payment dates, adding that domestic carriers have a four-month backlog on payment. He said it would be funny to wait until there is an incident before the airline tries to pay its premium. AON boss called on the aviation ministry to come to their aid “We, therefore, use this medium to call on the Minister of State for Aviation, Senator Hadi Sirika, to as a matter of urgency come to the aid of domestic airlines operating in the country by forging a joint working group with the Federal Ministry of Finance and the Central Bank of Nigeria (CBN) to brainstorm and cross-fertilise ideas on how the nation can take exigent steps, forestall a potential backlash on the Nigerian economy and totally avoid the downgrade/blacklist in the interest of safety and economic prosperity of the country.”

Army Colonel Assassinated in Ibadan Command School Ademola Babalola in Ibadan Three weeks after he bagged a new rank as a Colonel in the Nigerian Army, Anthony Okeyim was in the early hours of yesterday strangulated to death by some yet-to-be apprehended assailants. Okeyim was found dead in his official quarters inside the Command Secondary School, Bode-Igbo, Ibadan. A close associate of the deceased revealed that Colonel Okeyim was promoted three weeks ago and was waiting to be fully decorated with his new rank. The deceased officer, according to some of his close associates, was said to have been strangulated to death by suspected assassins after he was attacked in front of his official quarter.

Sources further stated that the deceased’s throat was slit open by his killers. The Oyo State Police Command Public Relations Officer, Superintendent of Police, Adekunle Ajisebutu, confirmed the incident, saying the police was treating it as a suspected case of murder. “I can confirm to you that the deceased was found dead in front of his apartment around 6.30a.m. yesterday. We are treating it as a case of suspected murder. “The state Commissioner of Police, Samuel Adegbuyi, visited the school immediately the case was reported. Police investigation had begun and the investigating team is working with military police investigating team. We have also beefed up security around the area,” he said.

CONGRATULATORY VISIT R-L: Corporate icon and former Chairman of Skye Bank Plc, Dr. Olatunde Ayeni; Ghanaian President-elect, Mr. Nana Akufo-Addo, and wife, during a visit to the president-elect by Ayeni in Ghana....recently

Presidency Feigns Ignorance of Amina Mohammed’s UN Appointment Tobi Soniyi in Abuja The presidency yesterday said it would make its position known on the appointment of the Minister of State for Environment, Ms. Amina Muhammed, as a Deputy Secretary to the United Nations Secretary General when the world body announces the appointment.

The Senior Special Assistant to the President on Media and Publicity, Mr. Garba Shehu, when asked if the minister had notified President Muhammadu Buhari of her appointment as Deputy UN Secretary General, and if the appointment had been made official. He then said: “The presidency will only react

on the basis of official information.” Although the UN has yet to make an official statement, there are reports that Mohammed has been given the international job. Shehu had in a tweet said: “There is a lot of exuberances on the internet concerning a UN job for Mrs. Mohammed. She remains our

Minister of Environment. “If there is anything on this that is released officially, we will let Nigerians know.” Ms. Mohammed, from Gombe State, was named as the Minister of Environment late last year. As minister of state for environment, she is overseeing the Ogoniland clean up which was launched in May 2016.

TUESDAY, DECEMBER 13, 2016 • T H I S D AY

NEWS

Wrong Political Structures Responsible for Economic Woes, Says Atiku Onyebuchi Ezigbo in Abuja Former Vice President, Alhaji Atiku Abubakar, has said unless the country is restructured appropriately, no economic magic can take us out of the current travails. He said as far he is concerned there was no basis for anyone insisting that the country’s unity is not negotiable or to equate every demand for restructuring with attempts to break up the country. Speaking during the launch of a book titled: ‘Nigerian Federalism: Continuing Quest for Stability and Nation-building,’ the former vice president lamented that the current harsh economic realities have turned most states into dependent provinces of the government at the centre. “Those who see restructuring only in terms of so-called resource control, that is the control of resources by the states from where they are derived. Currently the loudest are from the Niger Delta where oil revenues, which our government depends on, largely come from. According to Atiku, there are those who argue that federal systems are varied, evolving and have their specific national and historic characteristics and that what is needed is continued improvement of our federal system. In addition, “he said there are those who also think that the current structure is not the problem but just the managers.” However, in x-raying the various forms of agitation over the faulty nature of the present federal structure, Atiku said it is

necessary that the country listen to those who are demanding for true federalism.” “We are all witnesses to the agitations and complaints by different sections of the country at different times about being marginalised or shortchanged in fiscal allocation and the distribution of such other public resources such political positions, jobs, school admissions, provision of infrastructure, and even social honour. “In response, many Nigerians have been calling for some form of restructuring of our federal system, while some small fringe groups insist on their part of the country separating from the federation all together. “These are all legitimate positions to take in a democracy. What I find odd and somewhat unhelpful is the argument of those who say that we cannot renegotiate our union and who proceed from there to equate every demand for restructuring with attempts to break up the country. “I believe that every form of human relationships is negotiable. Every political relationship is open for negotiations, without pre-set outcomes. As a democrat and businessman I do not fear negotiations. “That is what reasonable human beings do. This is even more important if a stubborn resistance against negotiations can lead to unsavoury outcomes,” he said. While buttressing his point on the need to embark on restructuring of the country, Atiku said it must also be

acknowledged that federalisms are works in progress and that there is no ideal federal system or so-called true federalism. According to him, each nation has to work out the best federal system suited for it, adding that no section of this country can claim correctly that its people are better served by the current structure of our federation. He said the country was faring better when the people were not dependent on oil revenues and when the federating units had greater autonomy of action and were largely responsible for their affairs. “National unity does not mean the absence of disagreement or agitations. In fact, disagreements and peaceful agitations indicate vibrant and living relationships. The key to making national progress is

to manage those disagreements in peaceful and mature ways. “Political and civic leaders from across the country must come together, discuss, negotiate and make the necessary compromises and sacrifices needed to restructure our federation to make us a stronger, more united, productive, and competitive country “They, that is our regional governments, did not owe workers their salaries for several months. They did not shut down schools and universities for several months because of teacher strikes and inadequate funding. “In Nigeria’s case we must acknowledge that it is disingenuous if not outright dishonest to say that the system is not the problem. If the problem is just the operators how come we have failed for 50 years to

produce the right people? Should we import them from outer space. “We must acknowledge that what got us to our current over-centralised, and centredominated federal system is political expediency and fear, and bolstered by the command and control character of military regimes. “But after 50 years of “unitary federalism” we are now in a position to clearly see that it has not worked well. The federating units in the First Republic had their disagreements but none claimed to lack autonomy of action, and none waited for federal fiscal allocations before it could implement its programmes and pay salaries. “The current structure may be working for some elites but it has clearly not worked well

for any section of this country and the country as a whole. We should take deliberate steps to change this structure to serve us better. And we should not dither for too long that we let fear and expediency stampede us into another disastrous policy shift that may not serve us well either,” he said. Atiku also criticised the present tax administration especially the method of handling the Value Added Tax (VAT) in the country which he said lacks fairness. He said that there is no reason for the states which are opposed to consumption of certain items be allowed to turn around to share from revenue earned from taxes on those goods. According to him this amounts to injustice and lack of fairness.

Bayelsa Rejects Police Recruitment List, Says It’s Fraudulent Emmanuel Addeh in Yenagoa The Bayelsa State Government yesterday rejected the list of policemen recently employed by the federal government, describing it as fraudulent. It condemned in ‘strong and unequivocal terms’, the manner and mode of the recruitment exercise into the Nigeria Police Force and called for an immediate probe into the process. A government statement signed by the Commissioner for Information and Orientation, Mr. Jonathan Obuebite, described the process as not only lopsided, but a fraud against the people of the state. The statement noted that a situation where names of nonBayelsans were used to fill the positions meant for the people of the state, was not acceptable and totally against the principles of federal character and due process. According to the government, while each local government area across the country was meant to produce 10 candidates, those of Bayelsa were filled with fictitious names of persons, who are not from the particular local government areas. The government emphasised that Bayelsa, made up of eight

local government areas was entitled to 80 candidates, but added that the lopsided manner in which the recruitment exercise was conducted, has further depleted the state’s quota. It called on the Independent Corrupt Practices and Related Offences Commission (ICPC), Police Service and Federal Character Commissions, as well as other related agencies of the government to urgently investigate, correct the anomaly and equally bring the perpetrators of the “fraud” to book. It stressed that failure to correct the seeming imbalance and fraud against Bayelsa and the Ijaw ethnic nationality, would be seen as a deliberate move by the Nigerian system to shortchange the state, its people and the entire Ijaw ethnic nationality. The state government called on President Muhammadu Buhari to step into the matter, arguing that it was a dent on the current fight against corruption in Nigeria. Bayelsa had also recently protested against alleged lopsided selection of ambassadorial nominees and the recruitment into the Nigerian National Petroleum Corporation (NNPC).

YOU MADE US PROUD L-R: Lagos State Deputy Governor, Dr. Oluranti Adebule, and Special Adviser to the Governor on Education, Mr. Obafela

Bank-Olemoh, jointly presenting the overall best student award to Dr. Oluwadamilola Bello of the Lagos State University College of Medicine (LASUCOM), during the 11th induction ceremony for the medical doctors of the university, at the school’s auditorium, Ikeja...yesterday KOLA OLASUPO

Obaseki to Partner BEDC to Industrialise Edo State Governor Godwin Obaseki of Edo State has pledged his readiness to partner with Benin Electricity Distribution Plc. (BEDC) to industrialise Edo State and create jobs for its teeming unemployed youths. The governor made the pledge during a courtesy visit by the Board and Management of BEDC led by its Chairman, Mr. Victor Gbolade Osibodu, and Managing Director/CEO, Mrs. Funke Osibodu, in Benin City at the weekend. A statement from BEDC said Obaseki reaffirmed his government’s focus on leveraging on comparative advantages and key factor endowments in production and commerce, stressing that the partnership with BEDC as a service provider in the area of electricity would assist his

administration optimise job creation potentials. He stated that his government would develop an industrial-hub which will focus on agro business value chain, and provide about 10,000 jobs for the unemployed youths of Edo, urging BEDC to key into the initiative through power supply synergy to facilitate the realisation of this objectives. Obaseki reiterated his resolve to achieve economic prosperity for Edo State by attracting private capital into all states owned enterprises and create 200,000 new jobs in four years saying that the role of BEDC in this regards as power provider was critical. Earlier in her presentation during the visit, the Managing Director/ CEO, BEDC, Mrs. Funke Osibodu, had

solicited for partnership from Edo State government on power improvement and in enumeration process. Osibodu who disclosed that about 50 per cent of energy supplied to customers in Edo State was not paid for, sought for the government’s assistance in the criminalisation of energy theft and fast-tracking prosecution of offenders, through the set-up of specialised courts for power sector offences. The BEDC CEO told the governor that the state has the highest number of customers with pre-paid meters in the country and enjoys average of 12 hours power availability per day- one of the highest in the country. “There are however high level of energy theft in the state – over 50 per cent of

energy is not paid for” she added. Speaking on the YongXing Power Steel Company, Mrs. Osibodu said the outfit enjoyed preference in terms of power supply because “we realise its importance to the economic growth and development of the state particularly in the area of job creation, despite protests and agitation from the public that BEDC is diverting power to the company. “During the last tariff review, we had also taken the above factors into consideration and seek to make its product competitive among its peers. We offered the lowest tariff to its customer categories compared to other DISCOS with the presence of major steel factories like Ikeja, Ibadan,” she stated.

T H I S D AY TUESDAY DECEMBER 13, 2016

TUESDAY DECEMBER 13, 2016 T H I S D AY

CURRENT POLL IN HEALTH

Have you had malaria in the last one year?

9% RESPONSE RATE 153,788 RESPONDED OUT OF 1,751,856 POLLED

6 QUESTIONS POLLED ON THIS TOPIC DEC 9, 2016

Have you had malaria in the last one year?

DEC 7, 2016

How did you treat it?

What was used to treat it

POLL RESULT

Have you had malaria in the last one year? 153,788 responded out of 1,751,856 polled STATISTICS LOCATIONS GENDER

AGE

............................................20% ..................................................80%

DEC 7, 2016

How did you treat it? 100,008 responded out of 123,538 polled STATISTICS LOCATIONS GENDER

AGE

.......................................38% ..................................................62%

SELF MEDICATION CLINIC/HOSPITAL TREATMENT

DEC 7, 2016

Do you sleep under the net?

DEC 7, 2016

Why don’t you sleep under it?

DEC 7, 2016

NO YES

DEC 7, 2016

Do you have a long lasting insecticide treated net?

What was used to treat it? 85,230 responded out of 100,008 polled

Do you have a long lasting insecticide treated net? 101,665 responded out of 115,480 polled GENDER STATISTICS LOCATIONS KEYWORDS

NO YES

.................................52% ..................................................48%

DEC 7, 2016 Do you sleep under the net 45,240 responded out of 49,030 polled GENDER STATISTICS LOCATIONS KEYWORDS

NO YES

AGE

.............................................23% ..................................................77%

DEC 7, 2016 Why don’t you sleep under it? 9,265 responded out of 10,273 polled GENDER STATISTICS LOCATIONS KEYWORDS

AGE

............................................. .................................................. ........................ ..................................................

I DON'T HAVE 13% 19% OTHER ANTI MALARIA DRUGS 19% MY SKIN REACT TO THE NET 5% ACTS 68% IT'S A TABOO TO SLEEP UNDER A NET IT IS UNCOMFORTATBLE 63% TRADITION MEDICATION 12% JOIN U-REPORT. TEXT "JOIN" to 24453 YOU CAN MAKE A DIFFERENCE TODAY STATISTICS LOCATIONS GENDER

AGE

............................. .................................................. .................................

T H I S D AY TUESDAY DECEMBER 13, 2016

T H I S D AY TUESDAY, DECEMBER 13, 2016

COMMENT

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

LOCAL GOVERNMENT AND EXECUTIVE LAWLESSNESS

Okoi Obono-Obla writes that the Supreme Court verdict is a warning that the states should shun lawlessness

n December 9, 2016, the Supreme Court of Nigeria gave a momentous and landmark decision which has put paid to the question whether or not state governors in the country have the power to dissolve local government area councils in their state and replace them with caretaker committees appointed by them. The Supreme Court answered the question in the negative and held that no state in the country has the power to dissolve local government area council in their state and replaced them with caretaker committees appointed by them. The decision of the Supreme Court also resolved the question if state assemblies can enact laws that are inconsistent with the provisions of Section 8 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) that the government of every state shall subject to Section 8 of the constitution (supra), ensure their existence under a law which provides for their establishment, structure, composition, finance, and functions of such councils. The judgment of the supreme court arose from a case filed by local government area councils challenging the decision of the then Governor John Kayode Fayemi of Ekiti State to dissolve the 16 local government area councils on October 11, 2010 through a radio announcement despite the fact that the tenure of these councils still had up to December 29, 2011 to end. The supreme court trenchantly in the decision ended the action of then Governor, Dr. Fayemi and described the rampant dissolution of local councils by state governors as tantamount to “executive lawlessness’’. The pertinent question is: What is the implication of the decision of the Supreme Court on the local government system and the rampant dissolution of elected local government councils by state governors and replacing them with undemocratic caretaker committees? The implication is that the supreme court has set a precedent on this issue and henceforth any state government that dissolves a democratically elected local government council

THE SUPREME COURT HAS SET A PRECEDENT ON THIS ISSUE AND HENCEFORTH ANY STATE GOVERNMENT THAT DISSOLVES A DEMOCRATICALLY ELECTED LOCAL GOVERNMENT COUNCIL IN ITS STATE AND SUBSTITUTES IT WITH CARETAKER LOCAL COUNCIL IS ACTING UNCONSTITUTIONALLY

in its state and substitutes it with caretaker local council is acting unconstitutionally and such a decision is ultra vires, null and void and of no effect. Also another implication is that undemocratically elected local government area councils are not entitled to enjoy the monthly allocation of revenue from the Federation Accounts. Conversely, any state law that infringes on Section 8 of the constitution that provides that the government of every state shall subject to ensure their existence under a law which provides for their establishment, structure, composition, finance, and functions of such councils is illegal , null and void. In my state-Cross River, the three years tenure of the present local government councils will expire on December 20, 2016. Despite this, the State Independent Electoral Commission has not set up any time table for the conduct of local government elections. There has been endless speculation that Governor Ben Ayade is nurturing the thought of constituting caretaker committees to replace the present local government area councils. It is clear that such a move will amount to a flagrant and egregious breach of the constitution and the judgment of the Supreme Court as enunciated in the Ekiti State’s case. The implication is that by December 21, 2016 the existence of the present local government councils would become extinguished and otiose by virtue of constitutional lapse of time. It follows that by December 21, 2016 there will be no democratically elected local councils in the state that will be entitled to allocation of revenue from the Federation Accounts. Conversely, these local government area councils will no longer in the eyes of the law, be legal. Is a constitutional crisis brewing in the Cross River State local government system in the light of the issues discussed above? Your answer is as good as mine. Obono-Obla is a lawyer and a human rights activist

NCC, SERVICE PROVIDERS AND DATA TARIFF HIKE Tariff hike will protect smaller operators from being consumed by the big players, argues Nwobodo Chidiebere

he dust raised by the suspended data tariff increment is yet to settle. The essence of this piece is to look at the pros and cons of the planned data tariff hike, its resultant effect on the operators cum consumers in relation to quality of service in the sector. Prior to halting this policy pronouncement by the Nigerian Communications Commission (NCC), both social and mainstream media peddled lots of fallacies packaged as facts just to make it a dead-on-arrival policy. One of the conjectures is that it was meant to jack up price of data by 300 per cent. Second, the naysayers said it was the latest strategy deployed by the present administration to shutdown dissenting voices on social media, via exorbitant increment of data price which would make access to internet a status symbol, exclusively for the rich. The third is that the NCC was heavily lobbied by service providers, via financial inducement to influence data price, just to enable operators smile to the bank to the detriment of Nigerians. This insinuation is a lie. Owing to the excruciating economic pains instigated by the current recession, any intending policy pronouncement by government agency, perceived as anti-masses would be given jungle-justice treatment, especially on social media. What was misunderstood by the suspecting Nigerians as data price hike is actually known as Price Floor and Price Cap, which are the policy tools used by the regulatory agency in telecommunications industry, to maintain healthy competition—which would ensure survival of both big operators and smaller ones and at the same time giving consumers quality of services that would be commensurate to their hard-earned money.

The planned (suspended for now) introduction of new price floor and price cap is intended to reflect the new realties and proffer solutions to current challenges facing operators, especially the new entrants in the market. It would serve as buffer that would protect the smaller operators from being consumed in the fierce price war engulfing the industry. The pending price floor of 0.90 kobo/ MB for big operators and 0.49kobo/MB for smaller operators is 0.20 kobo and 0.26 kobo, respectively different from current data tariff rate of 0.70/MB and 0.75/MB, respectively. Price floor policy was introduced in the sector in 2014 to serve as benchmarking criteria, used for preventing the data tariff from falling below the actual cost of providing such services, which has the tendency of stagnating projected growth of the industry. The major reasons for establishing price floor was to check and control anticompetitive practices by operators who are dominant in the upstream market (leased-line market), prevention of further value erosion in the industry and creation of level playing field for all operators, irrespective of their individual capacities. But in October, 2015, NCC as the sole regular of the ICT sector took drastic decision to suspend price floor policy in the market. Its aim was to enhance massive broadband penetration across the country and make telecom sector the main driver of the Nigerian economy. However, it was categorically stressed that the NCC, as the referee of the industry, would reinstate the price floor if any sharp practice is experienced within the telecom market. After more than one year of monitoring the price floor suspension in the market, NCC discovered that some big operators were engaging in what is called predatory pric-

ing—which is the monopolistic strategy of intentionally lowering prices of services, low enough to strangulate competitors, especially the fledging rivals out of the market, in other to dominate business activities in the sector; invariably cannibalising the market for small operators. Propelled by the regulatory mandate to maintain stability in the industry, protect investment, ensured infrastructural deployment and continuous increase in quality of service for over 90 million internet users in the nation, NCC decided to re-introduce the price floor in the market to create room for stakeholders’ engagements and enlightenment of the populace. The new pricing floor initially scheduled to commence on December 1, 2016, was conceptualised to save minor players and new investors and prevent monopoly. It was also made to maintain the integrity of the network, though the new entrants were exempted from price floor to create space for them to woo potential subscriber into their networks. One of the major augments being canvassed against the policy by its opponents is the timing of its proposed commencement. It is coming at a difficult time when many Nigerians are gasping for breath to survive the biting economic recession. Not everyone can afford current data rate, let alone when it is increased, even if it is by 0.1 kobo/MB. As much as NCC should be prevailed upon not to add to the already filled basket of sufferings weighing down many Nigerians, or avoid the pitfall of being seen as conspiring with service providers to exploit Nigerians, we should also look at the long term consequences of not effecting this policy of price floor on the sector. In as much as NCC will invoke its regulatory powers to protect Nigerians from

undue exploitation from operators anytime, it also has the duty to safeguard investment of operators in the market and facilitate adequate return on their investments in the industry to encourage more foreign and local investors to buy into the market. How will someone explain the pathetic situation where big operators—with entrenched interest are allowed to run down new entrants of the market via anti-investment lowering of data tariff? If an enabling market environment is not created for healthy competition by the regulatory authority via the re-introduction of price floor policy, smaller players in the sector will be forced to close shop. The consequential effect will be the loss of thousands of job already created by the smaller operators, the economy will contract more, and present economic predicament will go from bad to worse. The ultimate beneficiary of absence of the suspended price floor policy will be the big operators who would not only monopolise the market, but makes it extremely hard for the industry to attract new investments. Another factor that necessitated this policy is the declining quality of service in the industry. Main service providers have abandoned the goal of improving quality of service for price wars. If price floor or benchmark is not put in place to checkmate excesses of these operators in lowering prices just to get at weaker players, the data traffic will go down to astonishing level that, even if it would excite subscribers. But the danger here is that quality of service will suffer tremendously. The network is already congested as result of inadequate deployment of telecom infrastructure with growing number of internet users. And telecom infrastructure is capital intensive. Chidiebere wrote from Abuja

T H I S D AY • TUESDAY, DECEMBER 13, 2016

EDITORIAL NO FREEDOM FOR EL-ZAKZAKY?

The authorities may do well by releasing the Shiites’ leader

hat the December 14, 2015 clash between the Nigerian Army and members of the Islamic Movement of Nigeria (IMN) led to the death of some 347 people is no longer news. What is disturbing is that one year after, the Shiites’ leader, Ibraheem ElZakzaky, who was arrested during the bloody incident, is still in protective custody along with his wife, without being charged to court. Last week, an Abuja Federal High Court, presided over by Justice Gabriel Kolawole, ordered the release of El-Zakzaky within 45 days. The judge took his decision perhaps partly on the need to bring down tension and the grave prospect of El-Zakzaky dying in confinement like the former leader of Boko Haram, Mohammed Yusuf. “If the applicant dies in custody which I do not pray for, it could result in many needless deaths”, he said. However, the security agencies do not appear to be in a hurry to obey such a weighty declaration from the bench. For one, the Department of State Services (DSS) has, under the current dispensation, been acting as though above the WE BELIEVE THAT THE law having seriSHIITES DESERVE FAIRNESS ally disobeyed court AND JUSTICE, BOTH OF pronouncements. WHICH HAVE BEEN DENIED Just as bad, the MinTHEM SINCE THE BEGINNING ister of Justice and OF THE CRISIS Attorney-General of the Federation, Mr Abubakar Malami, SAN, has also conveniently ignored the earlier advice of the trial judge to find ways of resolving the matter by doing nothing. Moreover, the Kaduna State Government which has outlawed the religious organisation, recently released a white paper which further accused the IMN of more transgressions. Governor Nasir el-Rufai had expressed worry that if the El-Zakzaky-led group was allowed to exist, it was capable of threatening the corporate existence of Nigeria. “The IMN does not recognise the constitution of Nigeria; they do not recognise Buhari as President of Nigeria. They do not recognise me as Governor of

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Kaduna State,” he said. In fact, the white paper released by the Kaduna State Government last week accepted the report of the judicial commission of inquiry which tagged the Shiites as an “insurgent group.” The white paper lay the blame for the unfortunate clash in Zaria squarely at the feet of El-Zakzaky, maintaining that he refused to call his members to order when required to do so. We do not believe that the authorities are handling the matter properly. Even when it is important for members of the IMN to obey the laws of the land and respect constituted authority, they are also entitled to freedom of thought, conscience, religion and association. In a previous editorial, we had warned that the authorities should not create more problems in the handling of IMN issue by using force instead of reason to diffuse tension, and to prevent the opening of more dangerous flanks. The lessons of the brutal insurgent group, Boko Haram, which Justice Kolawole referred to in his well-reasoned judgment, are too familiar to ignore.

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

e believe that the Shiites deserve fairness and justice, both of which have been denied them since the beginning of the crisis. Yet as we have warned repeatedly, it is always better to deal with the “enemies” you can see and monitor than those forced underground as the authorities are inadvertently doing with the IMN. It is even all the more unfortunate that their members and leaders are being denied all their rights under the law while hoodlums, taking advantage of the position of some powerful people in government, practically now target their members for vicious treatment. This, we dare warn, is not in the interest of our country and could engender severe consequences. We therefore urge the authorities to calm down tempers by simply obeying the recent court order to release the Shiites’ leader and his wife from detention. To do otherwise is to continue to reinforce the impression that Nigeria is a jungle where the rights of citizens can be trampled upon with impunity.

TO OUR READERS Letters in response to specific publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

LAGOS AND THE WAR AGAINST CANCER

ecently, the Speaker, Lagos State House of Assembly, Hon. Mudasiru Obasa sponsored a bill for the establishment of a cancer institute in the state. This action was guided by the alarming increase in cases of cancer in the country. Cancer is the uncontrolled growth of abnormal cells in the body. It can affect nearly all parts of the body. There are over 200 different types of cancer that affect humans. In Nigeria, breast and cervical cancer are the commonest ones diagnosed in women, while prostate cancer remains the most diagnosed for men. And like other developing countries, cancer remains a public health challenge in Nigeria where approximately 10,000 people die and 250,000 new cases are reported annually. The incidences of the ailment, particularly breast cancer in Nigeria, are increasing just like in other developing countries and advanced countries. Several factors are responsible for this, but the most important is the empowerment of women which is increasing their ability to make independent decisions about their health care, such as the ability to choose when to start having children and the number to have and westernisation of diet. Essentially, cancers occur as a result of excessive amount of toxin and pollutants people are exposed to, obesity, tobacco use, lack of physical activity, high stress lifestyles that zap the immune system, poor quality food that are full of pesticides, irradiated and genetically modified. Other causes include

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

electro-magnetic lights and everything we were not exposed to 200 years ago. Findings have shown that tobacco use is the most important risk factor for cancer, causing about 70%vof global lung cancer (the world’s most commonest) deaths and 20% of global cancer deaths. All the aforementioned weakens the immune system and changes the body’s internal environment to one that promotes cancer growth. While cancer can affect people of all ages, and a few types of cancer are more common in children, the risk of developing cancer generally increases with age. This is true in metropolitan areas of developing world as population age and increasingly feels the impact of exposure to major risk factors as mentioned above. It has been observed that women with later age at onset of first pregnancies and a higher mean number of children have short term risks of developing cancer due to the stimulatory effects of pregnancy on the epithelial tissues of the breast. The protective effect of pregnancy is seen decades after the pregnancy, often after the age of 40 years and in a country with low life expectancy, the women would have developed the disease before the pro- carcinogenic effect of pregnancy can be felt. Generally, Initial swelling in cancer is usually painless although localised pain may occur in advanced cancer. Other symptoms include fatigue, weight loss, unexplained anaemia, fever of unknown origin. Bilkis Ogunnubi, Ministry of Information & Strategy, Alausa, Lagos

NIGERIA AND AVOIDABLE HUMAN WASTE

ome disasters are natural while some are man-made. Nigeria as a country is in a way exempted from the category of countries afflicted with natural disasters such as earthquakes, tsunamis, hurricanes, etc. Yet we afflict ourselves with our own disasters. If “Evangelpreneurs” are not colluding with engineers to compromise building standards, its private developers or the armed forces we pay with our hard earned money are killing our citizens as evident in Army vs Shiites, Army vs IPOB. Or it is Fulani herdsmen slaughtering other citizens like rams or the mindless BokoHaram terrorists blowing up people to smithereens. In all this, many scores of people are killed on a regular basis as a result of negligence and some sort of conspiracy. In the past 48 hours we’ve lost about a 100 or so of our fellow countrymen in avoidable circumstances. First it was the “technically defeated” BokoHaram

sect that callously unleashed mayhem in Adamawa, killing scores of people; barely 24 hours after, a church building that was haphazardly constructed in Uyo, Akwa Ibom State collapsed during a consecration ceremony for the purpose of elevating the Apostle of the church to the level of “Bishop”. Scores of persons most of them people I’ve had encounter with lost their lives in the tragic incident. The authorities as a matter of urgency should carry out an inquest into what went wrong at the Reigners Church, Uyo. This issue of building collapse in this country is becoming too much; people must be sanctioned to serve as a deterrent. We can’t keep on compromising standards which in the short or long run will lead to avoidable deaths. All I can say for now is that may the souls of all the dead people find a peaceful repose, and may we rise above partisanship to change the system that’s responsible for the wastage. Efa-Iwa Egbe, rexegbe1@gmail.com

T H I S D AY • TUESDAY, DECEMBER 13, 2016

POLITICS

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

EXECUTIVE BRIEFING

When Clueless is True to Its Meaning It is now clear that the word ‘clueless’ frequently used to denigrate former President Goodluck Jonathan’s administration by the All Progressives Congress cannot be more valid than now, writes Davidson Iriekpen

art of the propaganda the All Progressives Congress (APC) used as an opposition party to unseat President Goodluck Jonathan from power in the run-up to the 2015 presidential election was to constantly describe him and his administration as “clueless” in the way governmental affairs were run. At every forum before the election, the party through its National Publicity Secretary, Lai Mohammed and its National Chairman, John Odigie-Oyegun fondly used the word ‘clueless’ to denigrate the Jonathan’s administration. And the media soon caught the bug. But with over one and a half years in power, the APC now as a ruling party and the presidency have been able to prove to Nigerians that they are not any better. Gradually, it is beginning to dawn on Nigerians that part of the reasons Jonathan was labeled clueless was not because of his wrong economic policies or inability to tame the malaise in the polity but because he didn’t know that as Commander-in-Chief of the Armed Force, he could oppress or suppress the opposition, clamp them into detention or chase them out of town. Investigations have since revealed that Jonathan’s tolerance and his decision not unnecessarily heat up the polity by allowing the opposition to have their way was the main reason he was so described. For those who thought that President Muhammadu Buhari’s electoral victory would be an opportunity for a total transformation of Africa’s sleeping giant, events in the last 20 months have shown otherwise. Since he (Buhari) assumed office, nothing seems to have changed. For most Nigerians, it has been the more you look, the less you see. This is why people, including organisations, have continued to see his administration as worse than that of his predecessor. They even see him as more clueless in all aspects of governance. It is common knowledge now that most Nigerians know that in the 21 months that Buhari has governed the country, nothing has changed. There are more killings under the current government than any other; insecurity has increased progressively; impunity – either from those in power or security agencies – is on the increase exponentially; the country’s electoral system has not improved; power is more epileptic, roads are more than death traps than ever, and above all, Nigerians are hungrier, bitter and divided than ever. Rather than put in place measures to tackle these multifaceted challenges that would put smiles on the faces of Nigerians, the government is on a daily basis blaming the previous government and with its eyes already fixed for 2019. This is why many analysts and observers feel that the word ‘clueless’ used to denigrate the Jonathan administration cannot be more aptly applicable than now based on happenings in the polity. They also believe that the president is not in control of his government and governing by proxy. For instance, a study by Nigerian Governance Watch, a United Kingdom-based Nigerian professionals group, recently revealed that President Buhari is bereft of idea to manage, have no focus, unstable and extremely incompetent in every sphere to shape the affairs of any Nigeria. The group comes short of blaming the president, but Nigerians, who knew the antecedent of Buhari while in office in 1984 to 1985 and blindly went for a man, who has not created anything, but only destroys the gains of his predecessors through his thoughtless policies and zero understanding

Buhari...a growing disappointment

of the workings in a public sector. It was believed as a military leader, Buhari killed the naira, killed the economy, destroyed Nigeria’s relationship with the rest of the world, polarised the country on tribe and religion, impoverished Nigerians to the extent that Nigerians were queuing up for essential commodities like milk, rice and bread. The Nigerian Governance Watch stated that they were not surprised, as President Buhari they described as a “very serious” leader, in a recession period did not deem it fit to appoint a single economist among the 36 names in his cabinet. They frowned at the president’s resort to intuition, thumb rules and application of Adam and Eve economics in this 21st century.

Since he (Buhari) assumed office, nothing seems to have changed. For most Nigerians, it has been the more you look, the less you see. This is why people, including organisations, have continued to see his administration as worse than that of his predecessor. They even see him as more clueless in all aspects of governance

On the political front, they condemned president’s deliberate interventions in the electoral process and his use of security agencies to intimidate the opposition and people of diverse opinion. Observing how the country is being governed, the Lagos Chamber of Commerce and Industry (LCCI), also recently said the absence of a well-structured, broad-based and synergised economic blueprint with clearly stated goals, plans, policies and strategies to drive the economy is largely responsible for the current challenges and policy ambiguity the nation is experiencing. The LCCI, while reviewing Buhari’s regime, noted that the global economic reality, fall in global oil prices, policy shortcomings and insurgency all played a very critical role in the weak economic performance of the country. It, however, said in realisation of these challenges, government’s efforts at stabilising the economy were commendable. It stressed the need for the administration to review its processes and implement reforms and frameworks that would make corruption difficult to thrive. It said while the policy goal of eliminating corruption was laudable, the need for concerted efforts on the side of the government with respect to policy, legal and regulatory environments to boost private sector participation was highly desirable. The group said it was imperative to make very strong moves to resolve the weakening oil revenue and find creative ways of incentivising foreign exchange inflow into Nigeria so as to boost liquidity and ease access to forex through alternative sources such as foreign direct investment in critical sectors of the economy and Diaspora remittances. On its part, the National Conscience Party (NCP) has said President Buhari is more clueless than his predecessor, Jonathan. In a statement by its National General Secretary, Ayodele Akele, the party said: “Look at all the promises Buhari made to Nigerians during the election, which one has he fulfilled? There will get to a point when Buhari will say things and Nigerians will not believe him. When is he going to start paying N5,000 to unemployed youths and elderly ones? When is

he going to stabilise the price of the dollar to naira? The value of the naira keeps dropping every day. The standard of living of Nigerians has worsened under Buhari than Jonathan.” One of the most vocal critics of the President Buhari economic policies is the former Governor of the Central Bank of Nigeria (CBN) and Emir of Kano, Alhaji Muhammadu Sanusi II. Penultimate week, he criticised the president for planning to borrow $29,960 billion for the country. He said it would be difficult for the loan to be granted because Nigeria has five exchange rates. The criticism was the second time in three months that the monarch was criticising the president’s economic policy. In August, he had sternly criticised the president, saying his government may end up like that of the former President Jonathan. “I can tell you for free, if the Senate today approves that we can borrow $30 billion, honestly, no one will lend us. It should be approved and I will like to see how you will go to the international market with an economy that has five exchange rates. There is one rate for petroleum marketers, there is interbank rate, there is another for money market operators such as western union, money gram, there is bureau de change rate and there is a special rate you get when you call the CBN for a transaction. “So who will borrow you when they don’t know your exact reserve and exchange rate? I want to see who will borrow you money when the Niger Delta bombing of oil is there when the main source of the loan repayment is oil.” Stating that Nigeria’s foreign exchange rates lacked credibility, Sanusi said the federal government should embrace private sector investments as a way out of its recession. The monarch said oil revenue cannot bring the country out of its present economic downturn or made it rich. He expressed disappointment that government could not increase capital expenditure even though the country’s population continued to grow to over 40 million people since 2015. With the economy nose-diving in the first 15 months of the present administration, the PDP recently accused Buhari and his party, APC, of ineptitude, clueless and unable to initiate polices to deal with the economic recession. It said the APC had rather engaged in its usual blame game to deceive Nigerians. While reacting to the claim made by Oyegun, who had alleged that the PDP could not account for N33trillion accruing to the country in the five years of the Jonathan administration, the PDP observed that the APC has portrayed itself as being dangerously obsessed with the frivolity of bamboozling Nigerians with high-sounding figures only for entertainment purposes. In a statement issued by its spokesman, Dayo Adeyeye, a former minister, the party said: “It is obvious in the eyes of all discerning compatriots that this style of governance is not taking us anywhere. There is no doubt that it is this pattern of bare-faced lying, dishonesty and incompetence that has crippled our economy, utterly weakened our Naira and raised unemployment levels to unprecedented proportions in only 15 months. “The APC Government has remained clueless and even confused as our economy plummeted to a level where the Nation’s infrastructure has completely collapsed and Nigerians are no longer able to feed their children or send them to school. The reality of dwindling oil revenues and an economy forced into a recession by an inept administration is a challenge that CONTINUED ON NEXT PAGE

T H I S D AY • TUESDAY, DECEMBER 13, 2016

ONTHEWATCH

A Good Story from Ebonyi Amidst the growing despondency in the land, the Governor David Umahi leadership in Ebonyi State is providing a positive intervention with its stride in food security. Shola Oyeyipo writes

oday, Nigerians and governments at all levels are confronted with a stark reality; it has become absolutely impossible to remain dependent on oil revenue and this is not just due to the dwindling oil price but because mono-economy can no longer sustain required developments. Faced with this reality, the President Muhammadu Buhari-led All Progressives Congress (APC) government had identified agriculture as one of the ways to diversify the economy and ensure food security. Thus, states across the country have been encouraged to follow suit. For Ebonyi State, the monthly federal allocation, which ranges between N1.5bn and N2.5bn has never been enough to meet the growing needs of the state and its people as government pays counter funding for projects, subvention for higher institution and salaries, from the paltry sum. Hence, the urgent need to toe the line of economic diversification. From time immemorial, the Ebonyi people are predominantly farmers. They specialise mostly in rice, cassava and tomato cultivations across the state. Not many Nigerians are unfamiliar with “Abakaliki” rice since the 70s. It used to be very famous among the people. The Ebonyi State Government has been assuring Nigerians that the state would conveniently p roduce 10 per cent of the nation’s rice consumption pegged at about 6m metric tonnes by 2018. Giving the assurance during a courtesy call at the THISDAY corporate office in Apapa, Lagos, last week, the Ebonyi State Commissioner for Information, Senator Emmanuel Onwe, said the Governor David Umahi government is working tirelessly to make the state a big player in rice production in Nigeria. According to him, with relevant support to subsistence rice farmers in the state, the state is expecting about 200, 000 metric tonnes harvest in this year, adding that the targeted 600, 000 metric tonnes is attainable with federal government support in coming seasons. “We want to produce 10 per cent of what Nigeria consumes. This year we are producing only about two per cent. We could double that if there was provision for dry season farming. In 2017, we hope to increase it to six per cent and by 2018 10 per cent”, he said. He stated further that: “This wet season, Ebonyi was able to put about 35, 000 hectares into rice cultivation and we are expecting about 200, 000 metric tonnes harvest. “The federal government should take very seriously, states like Ebonyi. Kebbi State is doing well indeed – producing a large amount of rice. Of course, Kebbi is a much larger state. If we are able to go to the circle of not just producing in the wet season but also in the dry season, then we will very quickly be able to meet the markets in Port Harcourt, Lagos, Onisha, Abba, Abuja and others. That is our primary target for 2017 and 2018. “But it is expensive to do dry season rice farming because it requires irrigation infrastructure, which a state like Ebonyi cannot afford. In fact, it is why we are facing agriculture. Between Ekiti and Ebonyi, it is always about which comes last in revenue allocation. That is why we are taking rice – agriculture seriously. “The Anchor Borrower Scheme, Ebonyi borrowed 2bn to invest in rice production specifically

There is collaboration between importers and elites in the country. We have rice. We should eat our rice. There is no where our local rice has harmed anybody and the more we eat our rice, the more we put our farmers on business. I support the ban on sale of foreign rice in Ebonyi…We have to start somewhere. What we know is that local production is not enough but we should consume it and that is not an excuse for importing rice.

Umahi...changing the Ebonyi story

at nine per cent interest rate, but rural farmers cannot afford interest rate of nine per cent. We are hoping that the federal government will have programmes for rice producing states that will attract interest-free loans. “Even if interest will apply for the management of the loan, may be not more than three per cent. This country spends large amount on rice importation. Anything above will be punishing the farmers. They cannot afford that. It will be like they are slaving for the Central Bank of Nigeria (CBN). If they get support, most of them will be self-sufficient from the profit they will be making.” While he noted that the previous government had acquired a mega capacity rice-processing plant, complimented with parboiling equipment purchased by Governor Umahi, Onwe said the state looks forward to the central government in the areas of tractors, irrigation infrastructure, provision of funds and other relevant assistance to local farmers. He was sure the state would meet its statewide rice consumption this season and extend to other markets nationwide. Ebonyi State on November 21, pronounced a ban on sales of imported rice in the state. Speaking on the development, Umahi once said: “We have set up a taskforce and directed them to confiscate foreign rice found in our markets. The person should give us the certificate of the quality of the rice, you have to prove the import

duties you paid for it, where you brought it from and you give us Standard Organization of Nigeria certificate to prove that the rice is not poisonous.” The governor said foreign rice is poisonous because some of them were stored for more than 20 years abroad before they were smuggled into the country. “That is why we have cases of cancer, cases of kidney failure and all kinds of diseases that our people were not known for. So, you are taking risk if you are selling foreign rice in the land of Ebonyi,” he added. Research has also shown that the Abakaliki rice is highly nutritious with better quality taste due to its moisture nature and salinity of Ebonyi land. Though currently selling at about N20, 000 per bag, the state is enthusiastic that with increased production and government support, the price will come down soon. Not only is Governor Umahi, who himself has the largest rice farm in the state confident that enough was being produced in Ebonyi, he has said repeatedly that the state was looking for distributors of the fully and well packaged rice named: Ebonyi Rice World. Also convinced that something unique is happening in Ebonyi State and that the state needed all forms of support, the Chairman, Senate Committee on Agriculture, Senator Abdullahi Adamu, recently threw his weight behind the state government over the ban on the sale of foreign rice.

Speaking during the Nigeria’s Zero Hunger Initiative meeting in Abuja, Adamu while reacting to the ban by Governor Umahi of the sale of foreign rice in markets and other outlets in the state, alleged that the campaign against the local production and consumption of rice is a conspiracy between rice importers and some elite in the country. “I believe that the campaign against local production of rice is a campaign spearheaded by rice importers. I do not believe we cannot produce enough rice for ourselves. We may not at this point in time be having enough for everybody but the campaign on rice is an elitist campaign. “There is collaboration between importers and elites in the country. We have rice. We should eat our rice. There is no where our local rice has harmed anybody and the more we eat our rice, the more we put our farmers on business. I support the ban on sale of foreign rice in Ebonyi. “We have to start somewhere. What we know is that local production is not enough but we should consume it and that is not an excuse for importing rice. We cannot afford the luxury of importation particularly in this period of recession”, he said. Just like an old English adage, which says “The taste of the pudding is in the eating” it is necessary that every Nigerian experiments with the new Abakaliki rice and see what is new about it. But more significantly, it is devoid of foreign bodies because of the improved methods of processing.

WHEN CLUELESS IS TRUE TO ITS MEANING requires sincerity, competence and a large dose of honesty to get us out of the woods; not the constant lies and deception that have unfortunately, become the house-style in the 15-month old of APC’s Government.” It described Odigie-Oyegun’s assertion as “avoidable mischief,” noting that issues bordering on the nation’s economy have continued to hunt the image of the country “at a time

we are in desperate need of investment from the international community.” The PDP maintained that without citing any credible sources, Oyegun whom it said has no proven economic background or the benefit of any known diligent research, had claimed that the nation earned N56 trillion in five years under Jonathan, even as he admitted that the total budget for those years amounted

to only N23 trillion which was less than half of the vaunted figures The opposition party recalled that an APC governor had once claimed that one of the ministers in Jonathan’s government stole $6 billion, quoting unnamed United States Government source, saying “It was only when the Americans repudiated that claim that the falsehood was laid to rest”.

The PDP therefore advised the APC Chairman to concentrate on helping President Buhari and his party with ideas and policies “that will revamp our ailing economy, restore our dignity abroad rather than the usual tantrum just to castigate previous PDP’s administration with a view to scoring cheap political point,” saying, “Time for honeymoon is over; it’s now time to deliver on your campaign promises.”

TUESDAY, DECEMBER 13, 2016 • T H I S D AY

FEATURES

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

Rain Storm Shatters Abia Community Emmanuel Ugwu writes on how a rain storm wreaked havoc on Amapu Ntigha, a sleepy community in Isiala Ngwa North Local Government Area of Abia State

Senator T.A.Orji (middle), flanked by the traditional ruler of Amapu Ntigha, HRH Benson Asonye (3rd left) and former council boss, Mr. Ginger Onwuasoibe (3rd right), during the former's inspection tour

ith the rainy season already passed its peak with the attendant ferocious winds the people of Amapu Ntigha in Isiala Ngwa North Local Government Area of Abia State were taken aback by a rain storm that visited the community recently. It came in the night of November 22, 2016 and by morning time the extent of havoc the rain storm left in its wake was enormous. The daily market, Orie Amapu, which was the fulcrum of the local economy, was destroyed along with 10 houses, five churches and lots of economic trees. Not only that, the community was plunged into darkness as over a dozen electric poles along the Enugu-Port Harcourt expressway were brought down by the wind. The shattered poles carried the high tension cables that supply electricity to agrarian community. The natural disaster indeed dealt a devastating blow to the economy of the community as almost 90 per cent of the stalls at the daily marker were flattened by the wind while goods estimated at millions of naira were equally destroyed. Many families were rendered homeless in this harsh economic situation. The traditional ruler of Amapu Ntigha, Eze Benson Asonye, Apu II, was astonished by the disaster. The 85-year-old monarch told THISDAY that he had never witnessed any rain storm with such disastrous consequence all his life. “It is the first of its kind,” he said,

adding, “We thought it was an earthquake.” The royal father said that though Amapu

The natural disaster indeed dealt a devastating blow to the economy of the community as almost 90 per cent of the stalls at the daily marker were flattened by the wind while goods estimated at millions of naira were equally destroyed. Many families were rendered homeless in this harsh economic situation

Ntigha had in years past witnessed natural disasters associated with rainfall it was not in the magnitude that could cripple the local economy and render people homeless. He said that despite the level of destruction his people still have every reason to be thankful as no life was lost. The transition council chairman of Isiala Ngwa North, Chief Ginger Onwusibe said that apart from the 10 houses destroyed many other buildings were partially destroyed while fences were knocked off in some compounds. He said that his people were astounded by the level of destruction witnessed after the rainstorm, which effectively wrecked the local economy. With the devastating blow dealt their economy by the rain storm the people of Amapu Ntigha were already despondent by the time Senator Theodore Orji visited them on a fact finding. But on seeing their senator, the crowd of people that came to welcome him became excited. The octogenarian monarch broke into a dance and was immediately joined by some of the members of his cabinet. “Senator T.A. Orji is a compassionate politician. He believes in equity,” Eze Asonye said while welcoming the Abia Central Senator. Orji holds the chieftaincy title of Ebekuo Dike (a man of valour that intervenes to save his people when called for help) and he demonstrated the meaning of this particular title when he heard the distress call from Amapu Ntigha. The traditional ruler expressed gratitude

to the Abia Central senator for coming to identify with his constituents who are crying over their losses, adding that Orji has over and over again demonstrated that he is a compassionate leader. Senator Orji was already set to fly back to Abuja when the transition chairman of Isiala Ngwa North, Onwusibe called him on phone and informed him of the disaster wreaked by rain storm at Amapu Ntigha. The former Abia governor had to immediately cancel his flight in order to visit his distressed constituents. His visit was both to sympathise with the people and see for himself the extent of damage done by the rain storm. Senator said that he was saddened by the amount of havoc wreaked on the community by the rain storm and the attendant pains and sufferings it has caused his constituents. The Abia Central Senator noted that a lot of families depended on the commercial activities at the local market to make their living hence the urgent need to come to the rescue of the people affected by the natural disaster. He observed that the extent of damage done to the market meant that it would take quite some time to rebuild it. But he said that palliative measures must be put in place urgently to enable the people have an alternative means of making their living. To this end, he donated N1 million to enable the people clear the rubbles of the destroyed market and in the interim possibly conduct their commercial activities in the open space pending the reconstruction

• T H I S D AY TUESDAY, DECEMBER 13, 2016

FEATURES

Anglican Church destroyed by the rain storm

of the market. Orji assured the people that he would immediately notify the National

With the devastating blow dealt their economy by the rain storm the people of Amapu Ntigha were already despondent by the time Senator Theodore Orji visited them on a fact finding. But on seeing their senator, the crowd of people that came to welcome him became excited…Orji holds the chieftaincy title of Ebekuo Dike (a man of valour that intervenes to save his people when called for help) and he demonstrated the meaning of this particular title when he heard the distress call from Amapu Ntigha

Orie Amapu Ntigha destroyed by the rain storm

Emergency Management Agency (NEMA) to come to the rescue of his suffering constituents. While sympathising with the people affected by the disaster, Orji said that there was reason for them to be grateful to the Almighty God as no life was lost. After he was taken round the scene of destruction at the market adding that despite the amount of destruction wreaked by the rain storm the people should be grateful to God that no life was lost. The Abia Central Senator also visited St. Patrick Anglican Church, one of churches destroyed by the rain storm. Benedict Onyedinma, who is among the traders depending on commercial activities

at Orie Amapu market, was despondent. He told THISDAY that he lost his shop and that of his wife as both of them were making their livings in the market before the devastating rain storm hit the community. “There is no business for me and my wife now. We are helpless now,” he lamented. Onyedinma said that it was heart wrenching as the Christmas season is already around the corner and the prospect of commercial activities is bleak for him and other traders affected by the disaster. He said that he was scared of Christmas and New Year celebrations as well as payment of school fees since he could no longer make money to live up to his financial responsibilities.

The father of four said that there was need for urgent assistance to the traders to enable them start their business activities even in makeshift structures. Right now the people of Amapu Ntigha are desperate to rebuild their lives and their local economy. Mr. Livinus Ogbuokiri, a permanent secretary in the office of the Secretary to the Abia State Government, said that he was hopeful that NEMA would heed the call and come to the aid of the community. But while waiting for NEMA, he said that the Abia State Emergency Management Agency (SEMA) should come to Amapu Ntigha and help restore light to the community before Christmas.

IMAGES

L-R: CEO, Peace Consult Ltd, Mr. Ufot Ufot; Social Media Executive, SystemSpecs, Adewale Adetana; and Brand/Events Exceutive, SystemSpecs, Damilola Ogundipe, during presentation of the best online payment processing company award to SystemSpecs at the 2nd edition of Nigeria technology award ceremony in Lagos...recently ETOP UKUTT

T H I S D AY â&#x20AC;˘ TUESDAY, DECEMBER 13, 2016

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

L-R: Divisional Head, SME Bank of lndustry, Mr. Abduganiyu Mohammed; acting Managing Director/CEO, Bank of lndustry (BoI), Mr Waheed Olagunju; Ooni of Ife, Oba Adeyeye Enitan Ogunwusi; and Mr. Wisdom Uzezi during the presentation of cheques to beneficiaries of the BoI House of Oduduwa Foundation (MSME) Fund in commemoration of the 1st coronation anniversary of the Ooni of Ife at his palace in Ile-Ife, Osun State...recently FELIX ADEMOLA

L-R: Corps Marshal, Federal Road Safety Commission (FRSC), Boboye Oyeyemi; Chairman, House of Representatives Committee on Road Safety, Yinusa Abubakar; and Head, Media Relations and Strategy, FRSC after oversight visit to FRSC by the committee...recently

L-R: Corporate Affairs Executive, Dredging Services International; Chief Operating Officer, KPMG Professional Services Limited, Mr. Victor Onyekpa; representative of the wife of the governor of Lagos State, Mrs. Jumoke Bank-Olemoh; and Country Director, Development Africa, Joshua Kempeneer, at the 16th edition of the annual Development Africa organised Christmas party for special children drawn from orphanages and care homes in Lagos...recently

Chairman, House of Representatives Committee on Rural Development, Hon. Oladipupo Adebutu (left); with the Secretary to the Ogun State Government, Mr. Taiwo Adeoluwa, after Adebutu was inducted as a member and installed as the Vice Patron of the Abeokuta Club 1904, in Abeokuta...recently

L-R: General Manager, Southern Sun Ikoyi, Mark Loxley; CEO, ReadManna Nigeria and Southern Sun Ikoyi prize winner, Edna Agusto; Sales Executive, Kenya Airways, Tunde Kulajolu; and Sales and Marketing Manager, Southern Sun Ikoyi, Ubong Nseobot, at the Southern Sun Ikoyi 2016 Year End Corporate VIP Cocktail in Lagos...recently

L-R: Foundation President, Ultimate Circle of Nigeria (UCN), Mr. Olubunmi Olaopa; guest of honour, Senator Ganiyu Solomon; President, Ultimate Circle of Nigeria and Lagos State Commissioner for Special Duties, Hon Oluseye Oladejo; his counterparts in Justice and Environment Ministries, Mr. Kazeem Adeniji; and Dr. Babatunde Adejare, during the 2016 ultimate circle celebration in

L-R: Head, Segments, Retail Banking, Union Bank, Paul Aseme; Head, Elite & Royalty Banking, Dayo Odulate; Executive Director, Public Sector, Ibrahim Kwargana; Retail Products, Sheahan Arasaratnam, at the launch of the Elite Banking Segment in Abuja...recently

T H I S D AY • TUESDAY, DECEMBER 13, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

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Quick Takes Shell Boosts Geology Studies at OAU

INVESTMENT PROMOTION

L-R: Business Associate, Investment and Technology Promotion Office, United Nations Industrial Development Organisation (ITPOUNIDO), Mr. AbdulRahman Alawadhi; Head, ITPO-UNIDO, Nigeria, Mrs. Adebisi Olumodimu; Head, ITPO-UNIDO, Kingdom of Bahrain, Dr. Hashim Hussein; and a facilitator, Mr. Afif Barhonmi, at the Enterprise Development and Investment Promotion workshop, in Lagos … recently

NERC: Power Discos Illegally Withholding Two-third of Monthly Revenue Chineme Okafor in Abuja The Nigerian Electricity Regulatory Commission (NERC) has responded to claims by the 11 electricity distribution companies (Discos) that its regulatory actions contributed to the current N809.8 billion revenue shortfall of the electricity market. Through their association – the Association of Nigerian Electricity Distributors (ANED), the Discos claimed the NERC allegedly contributed to the illiquidity challenges of the market from its regulatory decision flip-flops. They also alleged that the tariff approved by the commission for them excluded them from undertaking far-reaching capital expenditures in their networks, stating that they

ENERGY were not allowed to spend more than N20 billion in their annual capital expenditures. But responding to the claims, the acting Chairman of NERC, Dr. Anthony Akah told THISDAY in Abuja that such claims by the Discos were false and unfair to the regulator. Akah said more than any other operators in the country’s electricity market, the Discos have contributed to the poor showings of the market. He cited instances of the Discos’ withholding more than they were allowed of the market’s revenue, and at the same time backing it up with a court order. Akah equally said a 22 per cent interest was sculptured into the 2015 tariff to allow

the Discos borrow funds from financial institutions to finance their capital expenditures, hence the falsehood that they were not given the freedom to borrow funds for their capital expenditures. “ANED is not one of our licensees, it is an association and the electricity distribution companies are licensees of NERC and should speak for themselves. “Generally speaking the Discos have not performed to the desired expectations however, there are some of them that in spite of the constraints are doing far better than the others and therefore it is not logical for an association to be speaking for the whole distribution companies because the level of performance of each of them varies,” said

Akah. He further stated: “The greatest problem we have today is that there is a high level of collection inefficiency by the Discos. Regrettably, while the report from the Discos show a certain level of collection inefficiency, the same report from the MO and NBET show that the Discos are unfairly withholding close to two-third of the total revenue collected from the electricity market. “The ideal ratio that the Discos should withhold is in the neighbourhood of 24 per cent and by these unfair practices, the value chain which include the transmission company and generating companies that lay the eggs that we all use in the Continued on page 22

Gencos May Bypass Discos to Supply Electricity to Consumers Ejiofor Alike Following the huge debt owed the power generation companies (Gencos) by the distribution companies, which receive bulk power through the Nigerian Bulk Electricity Trading Plc (NBET), the power generators are making subtle moves to bypass the Discos and supply power directly to certain class of customers, THISDAY has learnt. THISDAY gathered the financial distress facing the power sector arose from the inability of the Discos to meet their payment obligations to NBET for power supplied by the Gencos, a development that

ENERGY has also made it impossible for the Gencos to pay the gas suppliers. The Discos have blamed their inability to meet their financial obligations in the electricity value chain on non-reflective tariffs, vandalism, low power generation, inability to access credit facilities from the banks and non-payment of bills by customers. The Discos have also claimed that they are being owed a debt of N100 billion by ministries, agencies and departments (MDAs), a debt, which the Minister of Power, Works and

Housing, Mr. Babatunde Fashola said was subject to verification. However, while some Discos have demonstrated increasing capacity to access funds for network development, the financially weak ones have cited the non-reflective tariffs and the N3 trillion exposure of the financial sector to the banks as an excuse for their failure to discharge their obligations. The failure of the Discos to meet their financial obligations in the value chain had prompted Fashola to advise 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.” THISDAY also gathered from one of the Gencos at the weekend that through their umbrella association, they have resolved to approach the Nigerian Electricity Regulation Commission (NERC) for approval to supply power directly to certain categories of customers and also collect the bills directly. “The Discos owe the Gencos Continued on page 22

Shell Petroleum Development Company of Nigeria Limited (SPDC) Joint Venture has donated modern geophysical equipment, accessories and books to the Department of Geology, Obafemi Awolowo University, Ile-Ife to uplift research and study of geosciences at the institution. Speaking during the presentation of the materials, the Managing Director of SPDC and Country Chair Shell Companies in Nigeria, Mr. Osagie Okunbor said the equipment, accessories and books were in addition to the equipment worth nearly N50 million the company had donated in 2014. “The equipment have since been in use and their quality assured. In addition to the equipment, we are now donating geophysics textbooks to ensure quality learning,” Okunbor added. Also speaking, the acting Vice Chancellor of the university, Professor Anthony Elujoba thanked SPDC for a long-standing support that has taken the university to greater heights and pledged several departments in the university to put the donations to good use for the improvement of academic development and contribution to the nation’s economy. Shell Companies in Nigeria have a long history of scholarships, research internship, sabbaticals, ICT infrastructure support and technological development initiatives. In 2015, SPDC JV and Shell Nigeria Exploration and Production Company (SNEPCo.) alone invested the sum of $10.1 million in scholarships. A total of 3,532 grants were awarded to universities over the last five years.

Chevron Announces $19.8bn Budget

Chevron Corporation has announced a $19.8 billion capital and exploratory investment program for 2017, which also included $4.7 billion of planned affiliate expenditures. “Our spending for 2017 targets shorter-cycle time, high-return investments and completing major projects under construction. In fact, over 70 percent of our planned upstream investment program is expected to generate production within two years,” said Chairman and CEO John Watson . “This is the fourth consecutive year of spending reductions. Construction is nearing completion on several major capital projects, which are now online or expected to come online in the next few quarters. This combination of lower spending and growth in production revenues supports our overall objective of becoming cash balanced in 2017,” Watson added The 2017 budget represents a reduction of 42 per cent from 2015 outlays and is expected to be at least 15 per cent lower than projected 2016 capital investments. In the Upstream business, approximately $8.5 billion of planned capital spending relates to base-producing assets, including about $2.5 billion for shale and tight investments, the majority of which is slated for Permian Basin developments in Texas and New Mexico .

US Drillers Add More Oil Rigs

US energy companies last week added the most oil rigs since July 2015, extending the seven-month drilling recovery as crude prices rose to a near 17-month high. Drillers added 21 oil rigs in the week, bringing the total count up to 498, the most since January, but still below the 524 rigs seen a year ago, energy services firm Baker Hughes Inc said on Friday. Since crude prices briefly recovered from 13-year lows to around $50 a barrel in May, drillers have added a total of 182 oil rigs in 25 of the past 28 weeks, its biggest recovery since a global oil glut crushed the market over two years. While the rig additions this week were scattered across the country, most (11 rigs) were in the Permian basin in West Texas and eastern New Mexico. Almost two-thirds of the rigs added since May, or 109, were in the Permian, bringing the total in the nation’s biggest oil shale formation up to 246, the most since September 2015.

“To say that the industry is well overdue for a revision to its legal, institutional and regulatory framework will be a huge understatement” Minister of State for Petroleum, Dr. Ibe Kachikwu

T H I S D AY • TUESDAY, DECEMBER 13, 2016

BUSINESSWORLD NERC: POWER DISCOS ILLEGALLY WITHHOLDING TWO-THIRD OF MONTHLY REVENUE

form of power generation are being constrained of fund,” he added. Akah stated that: “The commission in line with its statutory responsibility had proactively based on all understanding by all players that upon the take-off of the MYTO 2015, all contracts and transactions in the market should have been predicated or guaranteed by contract and this means that everyone would be assured of revenue remittances. “The Discos should have known that if they don’t pay for power given to them, their letters of credit would be called upon, regrettably, some of them went to court and got a restraining order that stops NBET or Gencos to call on their letters of credit and what they have done is that they are now hiding under that window to withhold revenue beyond what they should and thereby starving the whole sector.” GENCOS MAY BYPASS DISCOS TO SUPPLY ELECTRICITY TO CONSUMERS

a lot of money and that is why there is crisis in the sector. Some of the Discos actually do not have what it takes to run the sector and some of them will soon go under. The Gencos are not talking like the Discos because they also owe gas suppliers. They have also formed their own association and plan to meet NERC for approval to supply power directly to certain class of customers and also collect the bills directly. That is the only out to ensure that the Gencos do not collapse,” a source at one of the Gencos explained. However, despite the challenges, Nigeria’s foremost power generation company, Egbin Power Plc has released its maiden sustainability report, which the company said was a demonstration of its commitment to operate in tandem with global best practice while enhancing power generation to boost access to affordable, reliable and sustained energy in Nigeria.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

UNIDO: Nigerian SMEs Lack Requisite Skills to Trigger Economic Recovery Chika Amanze-Nwachuku The small and medium enterprises (SMEs) in Nigeria can liberate the country from her current economic quagmire but lack the required investment and technology skills to achieve the feat, Head, United Nations Industrial Development Organisation (UNIDO) Investment and Technology Promotion Office, Bahrain, Dr. Hashim Hussein has said. He said, for the economy to rebound, the federal and state governments, entrepreneurs and stakeholders, must play critical roles in ensuring enterprise development and requisite skills acquisition. Hussein, who also heads the Enterprise Development and Investment Promotion, Bahrain, an initiative of the UNIDO ITPO, noted that no developed and developing economy could grow without vibrant SMEs, pointing out that if Nigeria was serious about development, it must begin to groom young entrepreneurs to develop the right skills that would secure the future of the economy. “A lot of Nigerian small businesses can liberate the country from the claws of the current economic recession but are ignorant of certain investment and technology skills to achieve such feat. We won’t stop at the workshop, we are building business counseling structures to ensure small businesses are adequately mentored,” he said. Hussein called on the federal government and stakeholders to invest massively in infrastructural and technological development in order to take Nigeria out of recession.

He however, noted that the challenge of the Nigerian business environment was not availability of finance but the access to funding by businesses. In realisation of the lack of adequate enterprise development and investment skills in Nigeria, the UNIDO ITPO empowered entrepreneurs and government agencies by training them in the relevant areas at its first Enterprise Development and Investment Promotion workshop, which was concluded in Lagos on Friday. The workshop, which was the first in Africa, was designed

to develop capacity and foster enterprise and investment promotion through the development of first-rate business incubation management and counselling systems. The Managing Director, MYO foods, Mr. Leye Lawal, called on the government to make funds available to MSMEs, adding that the country must pay attention to the production chain, from raw materials to finished goods, as a way out of the nation’s current economic challenges. He stressed the need to strengthen Nigeria’s institution, adding that strong institutions

and policy stability would, in turn, strengthen the economy. “There is the need for a strong political will to end poverty. All around the world, politics is all about how jobs can be created because it is through jobs that people can better their lives,” he said. Another facilitator, Mr. Afif Barhonmi, said, with the right regulatory, incentive framework, and the right frame of mind of entrepreneurs, the Nigerian economy could take a step forward in merging the goals of entrepreneurship development, youth empowerment/ engagement, continuous eco-

nomic diversification, industrial upgrading and technological innovation, to make the nation a more competitive brand in the continent and the world at large. Participants agreed that developing the business growth cycle would require assistance schemes and policies, which would contribute to the transformation of the Nigerian economy and its integration. The Director, Research and Innovation, UNILAG, Prof. Wellington Oyibo, described the workshop as timely, adding that it was the much-needed tool that could deliver the Nigerian economy from recession.

FOR CLEANER AND SAFER ENVIRONMENT

L-R: Chairman, First Bank of Nigeria Plc, Mrs. Ibukun Awosika; Executive Vice Chairman, Techno Oil Limited/Coordinator, Women in LPG (WINLPG) Global Network, Nigerian Chapter, Mrs. Nkechi Obi; President, WINLPG Global Network, Ms Alison Abott ; Brand Ambassador, Nigeria LPG Association, Mrs. Omotola Jalade-Ekeinde; President, Nigeria Academy of Engineers , Mrs. Olu Maduka, at the formal inauguration of WINLPG Global Network, Nigerian Chapter in Lagos… recently.

PIGB: FG Backs Single Petroleum Sector FG Approves Water Usage Permit for 300MW Itobe Coal Power Plant Regulator, Wants Minister as Chair Stories by Chineme Okafor in Abuja The federal government has said it was in support of the idea of a single regulator for Nigeria’s entire petroleum sector as proposed in the Petroleum Industry Governance Bill (PIGB) currently before the Senate for consideration. It however stated that it would want the commission to be created by the PIGB in this regard to be chaired by the minister of petroleum resources. The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu stated this in his address at the National Assembly during the public hearing in the bill, which is sponsored by Senator Tayo Alasoadura from Ondo Central. “We are aligned on the concept of a single regulator for the petroleum industry. What Nigeria needs going forward is a regulator that covers the field, as opposed to dissipated regulatory power amongst agencies. “The regulator should cover upstream, midstream and downstream oil, gas and products regulation, as well as technical, economic and Health, Safety and Environment (HSE)

regulation,” said Kachikwu. Speaking on the composition of the proposed commission, the minister explained: “There needs to be careful calibration of the relationship between the role of the minister as the institution charged with overall supervision of the industry visà-vis that of the super regulator as the institution responsible for regulation. “The calibration must ensure checks and balances on regulatory power through tools such as administrative law; however, it seems essential that the power to issue regulations should at all times reside with the minister.” He stated: “Section13 does not envisage a position for the minister on the board of the commission. We propose that the minister chair the board of the commission to ensure effective interface between the regulatory and policy making institutions.” The PIGB, he stated proposes four year terms for commissioners but that in accord with best practice, the government would suggest that staggered terms for commissioners be considered in order to ensure continuity in the governance of the commission such that there would

not be vacancy of executive commissioners in office at any time. Kachikwu also said the government would propose that the PIGB consider setting up a technical directorate for the industry, as well as an open registry regime to advance transparency in the affairs of the commission. “A core aspect of the reforms that we propose to the effectiveness of the minister’s powers to issue policies, supervise the industry and manage Nigeria’s petroleum resources, is the need for a well-resourced and solid technical back office. “Hence, the National Oil Policy and the National Gas Policy contains proposals for institutional reforms at the ministry of petroleum resources in this regard. It is our position that the PIGB should address this long standing issue legislatively by creating a Petroleum Technical Directorate,” he stated. He added: “An essential issue, going forward, is the need to establish a registry of records for all the titles to be issued and managed by the commission. This will aid public access to information, and the due diligence reviews by third parties into assets.”

The federal government has approved the license for 300 megawatts (MW) Itobe-1 coal power plant to use 1125 cubic meters per hour (m3/h) of water from the River Niger for its expected power generation. An approval certificate for the water usage was given to the promoters of the plant – Zuma Energy, in Abuja by the Executive Director of Nigeria Integrated Water Resources Management Commission (NIWRMC), Mr. Reuben Habu. Habu said when he handed over the certificate to the Group Head, Administration and General Services of Zuma Energy, Mr. Ugo Agbanusi that Zuma filed a request for the license in 2015, after which its request was evaluated and the permit issued to it. He also noted that Zuma met the government’s requirements for such permit, hence the final approval by the Minister of Water Resources, Suleiman Adamu. “When they applied for a water use license las year, we went through their request and considered whether to give them a collective license for the four power plants they are building, but we were

advised that the plants are independent of each other and need independent licenses for water usage. The minister subsequently approved the license and from time to time, we will see to their adherence to the terms in this license,” said Habu. Under the terms, the license would last for five years staring from October 2016, while the fee and water rate to be charged the company could be subject to changes and review from time to time. Also, the company is expected to install a water meter approved by the NIWRMC, as well as ensure that its power plant is not located near River Niger water course and also three to five kilometres away from the water bank. The company is also required in the license terms to avoid instances of obstructing the water course of the River Niger, as well as use the water license for the purpose which it was granted, failure of which could attract a penalty by the government. Speaking on the development, Agbanusi said the company will adhere to the license terms.

T H I S D AY • TUESDAY, DECEMBER 13, 2016

BUSINESSWORLD

ENERGY

Wabote: Local Content in Nigeria’s Oil and Gas Sector is a Marathon The new Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote spoke to Ejiofor Alike on his implementation strategies to consolidate on the gains of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010. Excerpts: Before you came on board as the new Executive Secretary of NCDMB, the agency has had two executive secretaries since it was established six years ago. What are you going to bring to the table? I mean what difference are you going to make, going forward? Thank you very much. I think it is a very important question, you can imagine, especially when you have a new helmsman in any establishment - the first thing the people would want to know is what difference will you make and what is your strategy going forward? I think for me, my background is engineering – I am an engineer. I worked for Shell for 25 years as an engineer and I became a Director of Shell. One thing my engineering knowledge always teaches me is that you have to first of all plan before you enter into execution mode. While we will focus on some quick wins in order to ensure continuity and to maintain the relevance of NCDMB, I think the first thing we need to do is to first of all, take stock of how we have been able to implement the Act for the past six years and then ask ourselves a question to say how well have we fared? Based on that stock taking, we will then set a baseline and then tell ourselves the things we want to pursue in the next four years if I will be in this position. So, first of all, continue the quick wins and secondly, take a strategic look at how the Act has been implemented for the past six years and then begin to strategise on the areas that need to be strengthened and the things that we need to do to change the face of the game. So, that to me, is the strategic approach, which I will adopt during this my tenure. I am sure the review will be a short review. Work is already ongoing. After that review, we will then set a very clear strategic direction but in the short term, we will build on some of the successes that we have seen in the implementation of the Act. Some of it being the development of the pipe mills that we have all these while promised Nigerians that we are going to make sure we develop in-country; the development of our oil and gas park to encourage manufacturing and also to encourage local businesses to set up shops to be able to manufacture for the industry. We will also look at Research and Development agenda that we have within the Act. A lot of work has been done. Stakeholders have been engaged and some kinds of regulations have been agreed in terms of research and development. We will make sure we get it quickly into the implementation phase. But like the Minister of State for Petroleum Resources charged the board is to think big on the things we want to bring about in Nigerian Content to change the face of the game. So, our ambition will be a very big ambition, robust and conscientious execution of that ambition. How much do we have in the Local content fund? How much has been disbursed and which companies have benefitted? That is a very important question and that is a question that borders the minds of key stakeholders. When you look at the Nigerian Content Fund that they started contributing since 2010 when the Act was enacted, I must say that the Fund has grown over the years to approximately $600 million. As far as I am aware, this fund has benefitted about six Nigerian companies that have tapped into that Fund for capacity development. But I must say that it is not directly giving money to those six Nigerian contractors; it is about guaranteeing some of the loans that they got from the banks because we are not a funding institution. We guarantee the loans they got from the banks. Not much has been expended from that fund for capacity development. Part of the strategies of this new board is to come out with very transparent process with which genuine Nigerian contractors

Wabote involved in the oil and gas sector will have access to that fund. That is the strategy that we will develop in the shortest possible time to bring about transparency because most of the fund contributors are asking questions about the fund and we are not oblivious of this fact. We will make that position very transparent as soon as possible. I think one important thing again is the establishment of the Governing Council of the NCDMB, which was inaugurated on October 18, 2016, by President Muhammadu Buhari. That will bring corporate governance principles in the management of the activities of NCDMB and will also support us in terms of the strategies we wish to deploy for the management of the fund. Many operators have complained that the process of accessing the fund is cumbersome. How do you intend to simplify the process of accessing this fund? I think it is not that the process is really cumbersome; it is that there is no very transparent process in accessing the fund. I don’t think that people have applied conscientiously for that fund to come out for them to do business because the process is not clear to them. The process is a bit opaque. That is why I said that this board will bring about transparency. By the time we finish with our strategy, it will be published in the newspapers and stakeholders will be engaged on the process to be followed to access that fund. So, I don’t think people have really thrown in their applications because there is no clarity and there is no understanding of the process to access the fund but we intend to bring about that transparency within the shortest possible time. As part of your strategies to reduce the long contracting cycle, you once said that if an operator or project promoter does not receive NCDMB’s response on a project within 15 days of submitting the application, the operator should consider his request approved. Could you further clarify your position on this issue? Contracting cycle time is of great concern not just to operators but also for NCDMB and I am sure, some of our sister regulatory agencies because it increases the cost of doing business and it delays investment decisions. I think the

Minister of State for Petroleum charged all agencies involved in the oil and gas sector to ensure that they reduce the contracting cycle time as much as possible. In fact he gave a benchmark of six months as his acceptable the turnaround time for contracts. I think all the agencies have been actively working to come out with strategies with which they will reduce the contracting cycle time. One of the strategies that the NCDMB will adopt is to give a timeline with which if what is required of us is not received by the operators or project promoters within 15 days, they should consider the item approved. I think it is a bold step and all my colleagues within the board are aware of this and are working conscientiously to make sure that the turnaround time is drastically reduced on those items that are within our control. But like you know, it is not just NCDMB that gets involved in the contracting cycle in the oil and gas industry. I think we are working collaboratively with other agencies to understand the challenges. On the other hand, we also challenge the project promoters and operators to also keep their house in order because we have also seen that the bulk of the delay is also on their own part. For instance, when I took over office, I received a letter from an operator asking for a review six months after the NCDMB had approved a particular project. I am sure that once the operator gets that approval, the story might not be put there in the public domain that it is their fault. They will push it to NCDMB. Some operators who invested heavily to build capacity are concerned that despite the availability of local capacity, jobs are still being outsourced in violation of the local content law. People invested millions of dollars to develop capacity only to have an empty yard because of no jobs. What strategies are you going to adopt to check this trend? One thing we need to understand with regards to local content is that I always say that local content is marathon. It is not something that can happen in a year; it is not something that can happen in two years; it is not something that can happen completely in five years. It is a continuous process that needs focus and tenacity to ensure that it is implemented. A

lot of gains have been made in terms of local capacity development to replace expatriates that come into the country to work. I think as journalists, you guys need to portray the gains that have been made in this sector to the world. For instance, today, most of the international oil companies (IOCs) are being managed by Nigerians. This was not there some seven or eight years ago when expatriates were the managers. In addition, almost 85 – 90 per cent of the employees of these IOCs are Nigerians. So, a lot of progress has been made in these areas. Today, most of the owners of oil blocks and oil mining leases (OMLs) in this country are Nigerians. These never existed seven years ago. So, a lot of progress has been made. What I am saying in effect is that Rome was not built in a day. We will continue to push the boundaries; we will continue to do anything we can to improve local content attainment in the oil and gas industry. I think we also need to look at the positive side of it and don’t think that overnight, we are going to eliminate all expatriates in our midst. Don’t forget that I came from an IOC and I know that within those IOCs, a lot of Nigerians are outside in various countries giving their expertise to those countries. So, in Shell where I came from, there are more Nigerians outside the country than expatriates in the country to strike that balance. So, you, journalists also need to look at the other side of the development in terms of local content because you need Nigerians to also go out to acquire the technical knowhow and the knowledge and come back and make their input to further develop the country. Having worked for an IOC, there is concern that you may have sympathy for the IOCs. How are you going to strike this balance so that you don’t end up having sympathy for the IOCs at the detriment of the country? That is a very good question. I think it has been a concern not even outside this wall - even my staff were also wondering on whose side will I be, having come from the IOCs. But I think for me, first of all, I am a Nigerian before I worked for the IOC. So, I also managed local content within the company I was coming from for eight years both locally and internationally. I managed it for that period of time and I think within the company, they know my antecedents in terms of where I stand on issues concerning Nigeria and where I stand on issues concerning my employer then, which was Shell. I believe passionately in the benefits of local content, which I think that Shell as an organisation also share the benefits of local content. I believe that in the long run, local content will reduce cost; local content will ensure the security of supply. For example in the Niger Delta where you have all the militant activities that are going on, most of the expatriates companies had to leave. But who are the people providing the services? They are Nigerians. If we did not build local capacity, I think most of the oil companies would have left Nigeria by now. So, secondly, local content provides the opportunity for securing the assets, lives and property of the investors because there is no security you can get better than the community people that work with you. So, the benefits of local content are enormous and to be fair to Shell, the company also sees the benefits of local content; hence they agreed and allowed my voice, who was too passionate about local content to still persist. I am now working for the government to further enhance local content in the oil and gas sector. Like I said, I am first a Nigerian before I worked for an IOC and that is very important and I believe in this country and I believe in the drive by the present administration to create jobs and employment for Nigerians. So, there is no way my position on issues can be compromised because I come from that sector.

T H I S D AY • TUESDAY, DECEMBER 13, 2016

BUSINESSWORLD

ANALYSIS

Intensifying Efforts for Employees Compensation Scheme, Workers Welfare As the clamour for the amendment of the Nigerian Social Insurance Trust Fund Act beyond the Employees Compensation Scheme at the National Assembly heightens, the NSITF has intensified lobbying across state governments to key into the scheme. Damilola Oyedele writes

he Employees Compensation Scheme (ECS), introduced in 2011 is a response to one of nine recommendations of the International Labour Organisation (ILO) for social security, and to enhance welfare of the working populace. Of all 31 Conventions and 24 recommendations adopted by the organisation’s tripartite constituents, concerning social security between 1919 and 2012, the Social Security (Minimum Standards) Convention, 1952, (No. 102) is regarded as the flagship instrument. It is classified into nine: healthcare, sickness, old age, unemployment, employment injury, family and child support, maternity, disability, survivors and orphans. Governments are expected to set up schemes or programmes to cater for these branches with policies that specifically address “what circumstances each branch is meant to protect, who should be protected, what type of benefit should be provided, how do persons become eligible for benefits, and for how long the benefit should granted.” These branches are the minimum areas every government is expected to protect, to enhance the welfare of its workers. Nigeria though, has been able to implement seven out of the nine, excluding family and unemployment benefits. The ECS takes care of employment injury. The Nigerian Social Insurance Trust Fund (NSITF, and other relevant organisations are therefore working to ensure that the remaining two branches are covered in the country. Pending amendment to the NSITF Act The amendment to the NSITF Act, to execute other programmes apart from the ECS, is currently waiting to be subjected to a public hearing at the National Assembly. The acting Managing Director of the NSITF, Mr. Ismail Agaka in a recent interview, told THISDAY that the hearing is a critical component of the amendment. “The public hearing is an important part because it would afford us the opportunity to hear from critical stakeholders, provide procedures of global best practices and such, so that we can have a much more comprehensive package for employees beyond the compensation scheme. “The Employees Compensation Scheme itself has grown over the years and we have made 45,000 registrations from zero in five years. In the last eight months alone, we moved from 40,000 to 45,000. In terms of claim settlements, we have also moved from zero claim settlement and compensation to over N700 million. We also moved from zero beneficiaries to over 6,000 beneficiaries. So the ECA is also on the right path, but the amendment bill before the National Assembly will do much more than the compensation aspect.” Improving Efficiency of the Scheme Despite being just one percent of an employee’s basic salary, transport and housing allowance, the ECS has not enjoyed the success that ought to accompany such laudable scheme. The NSITF has however been engaging states and employers in dialogue, to get them to join the scheme, and provide better protection for their workers. The federal government, in a recently issued directive, also mandated that the full implementation of the ECS (at the inception of the scheme, several items on payroll, where granted five years moratorium to be considered, where the ECS was concerned). NSITF, through engagement with the umbrella body of all employers in Nigeria, the Nigeria Employers Consultative Association (NECA) therefore set out to expand the factors that constitute ‘payroll’.

Agaka Currently payroll, as defined by the ECS is one percent of employee’s basic salary, transport and housing allowance, but the new definition excludes items such as pensions, special allowances and bonuses, as contained in a Memorandum of Understanding, signed between NECA and the NSITF. At a recent forum of stakeholders in Lagos, the Director General of NECA, Mr. Segun Oshinowo disclosed that a committee had worked on redefining payroll, adding that items such as pension, and special allowances still remain excluded from the definition of payroll. “You cannot run a scheme where there is no clarity about terminologies and concepts, which will encourage controversies about the running of the scheme. We believe that the MoU would benefit the workers that the scheme is meant for at the end of the day and as employers we have to support that. We appreciate the fact that payroll is a generic concept because the context of payroll will differ from company to company,” he said. Oshinowo added that to avoid unnecessary controversies, NSITF and NECA joint committee chose to define payroll on the basis of exclusion, rather than inclusion. In his address, Agaka noted that the bid to ensure the enforcement of contributions to the ECS, has not been backed by social dialogue. “Even if the law backs the action, the operators must be able to convince those that the law is meant for, of the need for

compliance stressing the essence and benefits of such law to individuals as well as the society as a whole. At the NSITF, we recognize the fact that the law is there to be applied for the mutual benefit of the government and the governed. And in applying the law, logic and wisdom must be applied in equal measure so that it does not become a toothless law,” he said. “In Nigeria, there are so many laws that are unimplementable because they could not be applied. This is so because there is no buy-in of those that the laws are targeted at. For a law to achieve its purpose, there must be a sense of ownership amongst all the stakeholders to take the law as theirs. This is what this agreement is intended to achieve,” Agaka added. Dialogue paying off The efforts of the NSITF to woo states to join the scheme paid off as Rivers states and Bauchi states have indicated their willingness to contribute to the ECS, to ensure better protection of their workers, particularly in times of injury. The Rivers State Governor, Mr. Nyesom Wike, who played host to the Minister of Labour and Productivity, Dr. Chris Ngige, noted that the scheme is a development issue, which should not be subjected to political differences. He however admitted that he was not aware of the scheme despite its five years of existence. Ngige also lauded the Governor for accepting

to enroll the state on the program. “I have brought the ECA message to you in Rivers State. The Employees Compensation Act makes it mandatory for all employers of labour to care of its workforce when they sustain injury at the workplace… The private sector has keyed into the programme and the state government are beginning to understand why they need this law in the protection of their workers.” Urgent need to cover unemployment The ECS is a laudable scheme, but it is not enough in a country with more youthful population like Nigeria. With a high rate of unemployment in the country, particularly the young people, social security to cover periods of unemployment is a necessary tool, especially to reduce susceptibility to crime and moral vices, thus heightening insecurity. The N500 billion social welfare scheme of the President Muhammadu Buhari - led government is a step in the right direction. It is however necessary to go beyond implementing unemployment social security as a political promise, but rather entrench it in law, so it survives changes in administrations. This is necessary because new governments have been known to discard policies of their predecessors, but unemployment benefit is too critical to security, to be allowed to be swayed by political waves or tides. Implementation of the N500 billion social welfare scheme, should therefore be integrated into the operations or mandates of organisations, such as the NSITF.

WEEKLY PULL-OUT

13.12.2016

DOCTORS IN NIGERIA: HEALERS OR KILLERS?

Dr. Oluyinka Olutoye with baby, Lynlee Boemer who he delivered twice

The late Ifedolapo Oladepo

2/DASHBOARD

13.12.2016

Ondo PDP: State Chapter Cannot Conduct Primaries PAGE 4

Human Rights Group Calls for Immediate Release of ElZakzaky PAGE 5

Federal AttorneyGeneral Vows to Reform Copyright System PAGE 6

‘Successful Lawyer Masters Difference Between Knowledge and Business of Law’ PAGE 6

QUOTABLES 'As Ministers in theTemple of Justice, we must shun all corrupt practices in order to align ourselves with the anti- corruption strides of the current administration. We must at all times uphold the rule of law, eliminate unnecessary delays and above all, ensure that justice is dispensed promptly, without fear or favour, affection and/or ill-will to both parties.' – Honourable Justice Walter Onnoghen, Acting Chief Justice of Nigeria

'Conducting an election is not only because you have announced a date for that election. You also have to prove to those participating, that the election will be free and fair, to the satisfaction of all the contending parties.' – His Excellency, Nyesom Wike, Governor of Rivers State

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.

Tribute To My D-Shash PAGE 7

The Late FatayiWilliams, CJN: Fine Exemplary Jurist PAGE 12

Export Sale Contracts: Keeping An Eye On Essentials 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

GUEST COLUMNIST OLAWALE FAPOHUNDA

Making Human Rights a Reality for Nigerians

December 10, Human Rights Day o we have anything to commemorate?" That was the curt response I got from the editor of this page, when I reminded her that December 10, is Human Rights Day. Given current socio- economic realities, I am sure many Nigerians may agree with her. On December 10, we celebrated UN Human Rights Day, to commemorate the adoption of the Universal Declaration of Human Rights on December 10, 1948. The landmark document states that human rights are not the preserve of any one nation, or race, or gender, but that all human beings are born free and equal in dignity and rights. The Universal Declaration on Human Rights has gained wide and far-reaching acceptance globally, as a standard for the normative content of human rights. It protects all the rights. From civil and political to economic, social and cultural rights. In this way it reinforces the interconnectedness, indivisibility and universality of human rights. Nigeria, Signatory to Key International Human Rights Instruments Nigeria has either signed or ratified key international human rights instruments that define the normative standards, for the promotion and protection of human rights. These include the African Charter on Human and Peoples’ Rights, International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; the Convention on the Rights of the Child and its two Optional Protocols; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The most recent are the International Convention for the Protection of All Persons from Enforced Disappearance, and the Convention on the Rights of Persons with Disabilities and its Optional Protocol. Add these to the Human Rights Provisions in Chapter 4 of our Constitution; the reasonable conclusion would be that the fundamental human rights of Nigerians are fully protected. True, we have a long and proud history of signing up to international treaties and of course, making our presence felt at International Human Rights Conferences. The inconvenient reality is that, we are yet to put in place an appropriate framework for making human rights real for majority of our people, especially the poor and vulnerable. Yes, we have come a long way from those days of military dictatorships, including arbitrary arrests and detentions, denial of fair trial, denial of freedom of expression and press, the list goes on, but we are still a long distance away from achieving a framework in which the human rights of our citizens can be truly achieved. Poverty In my view, poverty in Nigeria is the most critical barrier hindering enjoyment of rights today. I recognise the role of corruption in impoverishing us, but such is the manner in which the ‘corruption flag’ is waved at every governance issue in Nigeria today, that I am now

Executive Secretary, National Human Rights Commission, Professor Bem Angwe

grappling with finding the true meaning of the word. Poverty is not simply about having no money to spend, but the limited self- development opportunities available to an unacceptable large number of our people. Deprivation cuts across an array of interlinked issues, from which the poor suffer disproportionately. These include hunger, poor education, inadequate access to basic health care, social security and other forms of social and economic deprivation. These are all human rights issues. Efforts to advance respect for human rights, and efforts to eliminate poverty are mutually reinforcing, each is instrumental to the achievement of the other. Human rights standards, offer a normative framework that should guide the design and implementation of policies to reduce poverty. Recognition of human rights gives deeper legitimacy to process for decision- making, policy design, and implementation of development strategies, increasing the likelihood that they will be effective, sustainable, inclusive, equitable, and of enduring value to those currently living in poverty. As we commemorate 2016 International Human Rights Day, I am particularly concerned about rights violation in the justice system. The rights of those who come into conflict with the law. More depressing for me is what appears to be the inability or unwillingness of the Federal and State Governments to make rapid progress on these issues. I continue to tell all those who will care to listen, that in Nigeria the line between freedom and incarceration are very thin. More so, if you are poor. I have written severally on the need for our Governments to adopt a pro-poor approach to interventions in the criminal justice sector. I have struggled to draw the attention of the Buhari administration to the fact that, many of those who shouted ‘change’ and ‘sai baba’ under the rain and the scorching sun in 2015, are being affected by the inability of the administration to focus on criminal justice. Expectedly, the administration has been quick to

point to the prosecution of judges as work well done in this area. I doubt very much if victims of crime or offenders will agree. Deplorable Conditions and Overcrowding in Prisons My thoughts have been further affirmed by my visits to some of the worst prison facilities in Nigeria. Last month, I visited Port Harcourt and Ikoyi prisons as an expert advicer to a Prison Inspection visit that was convened by the National Human Rights Commission and the National Committee for the Prevention of Torture. Port Harcourt Prisons was flagged as a ’prison facility of grave human rights concern’. Specifically, the National Human Rights Commission, the Legal Aid Council and several penal reform groups, have consistently identified the Port Harcourt prison facility, as one of the worst prison facilities in Nigeria. Conditions were described as ‘deplorable and unconstitutional’. The capacity of Port Harcourt Prison is 804, at the time of our visit it held 3,865 prisoners.

"EFFORTS TO ADVANCE RESPECT FOR HUMAN RIGHTS, AND EFFORTS TO ELIMINATE POVERTY ARE MUTUALLY REINFORCING, EACH IS INSTRUMENTAL TO THE ACHIEVEMENT OF THE OTHER. HUMAN RIGHTS STANDARDS, OFFER A NORMATIVE FRAMEWORK THAT SHOULD GUIDE THE DESIGN AND IMPLEMENTATION OF POLICIES TO REDUCE POVERTY"

More than 3000 over congested. The sanitary and physical conditions were shocking. The population of awaiting trial prisoners was 3,381. A major problem is the transportation infrastructure of the prisons. There are limited functional vehicles. Access to court by inmates was therefore a challenge. Rehabilitation programmes, especially in the area of hands-on vocational training, was virtually nil to non-existent. In any case delivering such a programme, given the overcrowded state of the prisons, would be difficult. As a former State Attorney-General, I am well aware of the politics of Federal and State Governments, as it relates to support for the Prisons. In this case it would seem that party politics and not the politics of fiscal federalism is the major obstacle. To be fair, Rivers State had peculiar historical problems with the administration of justice, including the prolonged closure of courts. While this background information is helpful in placing the situation in perspective, it goes without saying that solutions and not explanations will be desirable going forward. The point must be emphasised that the situation in Port Harcourt prison is not just a human rights or an access to justice issue, but one of national security. The Federal Government and Rivers State Government cannot afford a jailbreak in Port Harcourt Prison, of the sort that happened in a number of other States. This is more sogiven the current security concerns in that state. The situation in Ikoyi Prisons is largely the same. The facility was built in 1961. It has a capacity of 800. At the time of our visit it held 2,361 prisoners. The number of awaiting trial prisoners were 2,044. The story is the same with most of the 227 prison facilities across Nigeria. It needs to be emphasised that, the way we treat prisoners is a reflection of how much consideration we show for respect for human dignity, the very cornerstone of human rights. How Government Can Achieve Meaningful Intervention I have often been asked that, given the enormity of the human rights challenges facing Nigeria, how can the Federal Government achieve meaningful intervention in a manner that responds to the concerns of Nigerians? I agree that there are many challenges. Dealing with historical issues arising from bad governance, including violations by non-state actors is sadly becoming the norm in our daily existence. The activities of Boko Haram, rampaging herdsmen, NigerDelta Avengers, kidnappers, armed robbers all constitute grave threats to the enjoyment of our human rights. We need a human rights specific and strategic approach to human rights. It is crucial that government at all levels, engage their citizens and civil society, in a serious and continuous dialogue, about protecting and advancing human rights. The National Human Rights Commission is facilitating a consultative process that has led to the development of a draft National Action Plan for the Promotion and Protection of Human Rights in Nigeria. The four-year plan provides an important, comprehensive, structured approach to human rights planning that could facilitate the achievement of positive outcomes. Of course, its implementation will require resources and political will to put in place policies and programmes that deliver basic services in areas such as health, education, housing and social welfare, particularly to vulnerable groups. Achieving the implementation of the plan will go a long way in making human rights a reality for Nigerians. Olawale Fapohunda, Managing Partner, Legal Resources Consortium

4/LAW REPORT

13.12.2016

Ondo PDP: State Chapter Cannot Conduct Primaries

T Facts

he 1st to 9th Respondent had instituted an action against the 10th and 11th Respondents at the Federal High Court, Abuja Division seeking among others, declarative and injunctive reliefs as well as mandatory orders; a declaration that the 1st to 9th Respondent should be accorded exclusive recognition by the 10th Respondent (INEC) as the authentic State Executive leaders of the State and Zonal executive committees of the 11th Respondent (PDP) in Ekiti, Ondo, Ogun, Osun, Oyo and Lagos State and the South West Zone of the country, until their tenure expires in October, 2018. They also sought an order of court that by being so recognised, they had the exclusive right, as duly elected officers of the State Executive Committee of the PDP, to nominate and present its candidates for the Gubernatorial elections in the respective states, at the 2019 General Elections. On 29th June 2016, the trial court delivered its judgment wherein it granted the reliefs sought by the 1st to 9th Respondent. Meanwhile, the faction of the PDP led by Senator Ahmed Makarfi (as National Caretaker Committee Chairman) and Senator Ben Obi (as Secretary) had on 22nd August, 2016 organised primary elections to select the candidate of the PDP for the Ondo State Governorship elections scheduled to hold in November, 2016. The Appellant emerged as winner at the primaries, and his name was submitted to the 10th Respondent (INEC), which published his name in its list of candidates for the said election. Further to this, on 29th September, 2016 the 1st to 9th Respondent instituted contempt proceedings against INEC and PDP, through an application to enforce the judgment of the court of 29th June, 2016. Therein, the 1st to 9th Respondent sought an order directing the INEC to accept only the nomination of Jimoh Ibrahim Folorunsho, who purportedly emerged from the primaries conducted by them, as the candidate of the PDP for the Ondo State Gubernatorial election slated for November, 2016. The application was granted and the trial court made the order as prayed. Aggrieved, the Appellant who was not a party to the proceedings at the trial court sought and obtained leave to appeal as an interested party further to which he filed his notice of appeal. In his brief of argument, the Appellant distilled seven issues for determination. Issues for Determination (i) Whether the decision of the lower court was not in breach the Appellants’ right to fair hearing. (ii) Considering the circumstances of the application before the lower court, whether the lower court did not fall into grave error by granting reliefs in favour of Barrister Jimoh Ibrahim, who was neither a party before it, nor any application made for him. (iii) Having regards to the fact that the lower court’s judgment/ orders of 29th June, 2016 were directed at and concentrated on the general elections of 2019, whether the lower court did not fall into serious error and further breached Appellant’s right to fair hearing by enforcing the said orders to target the Ondo State Governorship Election of November 2016, thus replacing the Appellant with Barrister Jimoh Ibrahim. (iv) Whether the lower court was right in law to direct INEC to accept the 1st and 2nd Respondents’ nominee from the primary elections purportedly conducted by them, as the candidate of the PDP in the Ondo State Gubernatorial Election scheduled for November, 2016. (v) Whether the lower court did/does not lack the jurisdiction/ vires to make the orders it made on 14th October, 2016 in a judgment enforcement qua contempt/committal proceedings. (vi) Considering the totality of the case before the lower court, whether the court did not fall into serious error by exercising jurisdiction, when it has/had none. (vii) Whether the lower court did not fall into serious error by admitting Exhibits BP1, BP2 and BP3. Appellant's Arguments The 1st to 9th Respondent did not file any brief of argument, but filed a Notice of Preliminary Objection challenging the competence of the appeal, on the ground that the Notice of Appeal was filed outside the 14 days stipulated by the Court of Appeal Act and no order extending time to file same was obtained by the Appellant. On the first issue, counsel for the Appellant stated that Section 36(1) of the 1999 Constitution proscribes courts from making orders which affect the interest of a person without hearing him. Counsel for the Appellant contended that the order of the trial court enforcing the nomination of Jimoh Ibrahim as candidate of the PDP, affected the interest of the Appellant who had already been nominated and his name forwarded to INEC as the governorship candidate of the PDP, and whose name had infact been published for that purpose by INEC. He submitted that the said order having been made without hearing the Appellant violated his right to fair hearing and was thus, null and void. On the second issue, counsel for the Appellant argued that the trial court acted without jurisdiction, when it made orders which were exclusively for the benefit of Jimoh Ibrahim who was not a party before it. Counsel for the Appellant referred to MADUKOLU v NKEMDILIM (1962) 2 ALL NLR 581 at 589 – 590 and argued that in addition to the fact that the trial court acted without jurisdiction, the proceedings also occasioned grave injustice. Counsel for the Appellant submitted with respect to the third issue that, from the contents of the Originating Summons filed by

In the Court of Appeal of Nigeria Holden at Abuja On Wednesday, the 23rd Day of November, 2016 Before Their Lordships Ibrahim Mohammed Musa Saulawa Ignatius Igwe Agube Ita George Mbaba Justices, Court of Appeal CA/A/551C/2016 Between Mr Eyitayo Jegede, SAN .... Appellant And 1. Prince Biyi Poroye 2. Ademola Genty (For themselves and on behalf of the Ondo State Executive Committee of the Peoples Democratic Party) 3. Hon. Olasoji Adagunodo 4. Bola Ajao Lateef (For themselves and on behalf of the Osun State Executive Committee of the Peoples Democratic Party) 5. Hon. Taiwo Akeem 6. Hon. Alaba Adelabu (For themselves and on behalf of the Oyo State Executive Committee of the Peoples Democratic Party) 7. Hon. Bawale Solaja 8. Otunba Adewale Segun 9. Ogunbiyi Adeleke Olasukanmi 10. Independent National Electoral Commission (INEC) 11. Peoples Democratic Party (PDP) ....Respondents (Lead Judgment Delivered By Ibrahim Mohammed Musa Saulawa, JCA)

the 1st to 9th Respondent in June 2016, there is no direct, proximate, express or remote reference to the Ondo State Gubernatorial election of November, 2016. He argued that the order was specific to the 2019 general elections, and the trial court acted without jurisdiction when it purported to enforce the earlier decision, by relating same to the November, 2016 elections. On the fourth issue, counsel for the Appellant argued that the relief sought by the 1st to 9th Respondent was illegal and in violent opposition to settled law that, only National Officers and the singular corporate entity registered as the political party, have the power to conduct primary elections and nominate candidates. On the fifth issue, counsel for the Appellant argued that committal/ quo contempt proceedings are sui generis governed by their own rules, and as sui generis proceedings, the trial court was under limited jurisdiction which required strict compliance. With respect to the sixth issue, counsel for the Appellant submitted that the court is entitled to take judicial notice of other matters pending before it, and the trial court was wrong when it held that the application before it was competent and it had the jurisdiction to entertain it. On the seventh issue, counsel for the Appellant argued that the trial court was wrong in holding that the said exhibits were not public documents. Determination of Notice of Preliminary Objection In determining the Notice of Preliminary objection filed by the 1st to 9th Respondent, the court referred to the case of REGISTERED TRUSTEES CAC v. AFFIEM (1998) 10 NWLR (PT. 569) 312 and held that notwithstanding the provision of the Court of Appeal Rules 2011, a party having an interest in a matter has no time to appeal, although such an application for leave must be made within a reasonable time. In view of this, the Court of Appeal dismissed the said notice of preliminary objection.

"A LOCAL CHAPTER OF A POLITICAL PARTY IS NOT RECOGNISED IN LAW AS BEING CAPABLE OF CARRYING OUT THE OFFICIALLY DESIGNATED FUNCTIONS OF A POLITICAL PARTY. THIS IS BECAUSE BY THE COMBINED EFFECT OF THE PROVISIONS OF SECTIONS 221, 222 AND 229 OF THE 1999 CONSTITUTION AS AMENDED AND SECTION 80 AND 156 OF THE ELECTORAL ACT, ONLY THE NATIONAL OFFICERS AND THE SINGULAR CORPORATE SOLE (ENTITY) OF A REGISTERED POLITICAL PARTY IS DULY RECOGNISED TO DO SO AND NOT SECTIONAL BRANCHES OR SEGMENTS OF THE PARTY"

Court’s Rationale and Judgment On the first issue, the Court of Appeal referred to section 36(1) on the decision of the Supreme Court in OKADIGBO v CHIDI (NO. 1) (2015) 10 NWLR (Pt. 1466) 171 at 197-198, and the court opined that where a person’s legal rights and obligations are challenged, he ought to be given the opportunity of being heard before any adverse decision is taken against him. The Court further stated that where there is a failure to hear all the necessary parties to the dispute before a decision is reached, there is a breach of the right of fair hearing of the parties not heard and this has the effect of automatically rendering the proceedings in the action and the judgment or ruling resulting therefrom a nullity, and void without any legal effect. The Court thus held that, the Appellant’s right to fair hearing was breached by the trial court when it ordered that his name be removed from the list of the 10th respondent’s list of candidates for the November 2016 Governorship election in Ondo state and replaced with that of Jimoh Ibrahim, without hearing the Appellant, particularly when he was not a party to that suit, and the trial court did not bother to join him as a party. In its determination of the second issue, the court stated that a court of law lacks the jurisdictional competence to hear and determine any matter or cause in favour of, or against persons who are not parties before it. The court placed reliance on the decision of the Apex Court in NNAEMEKA v CHUKWUOGOR NIG. LTD (2002) 5 NWLR (PT. 1026) 60 at 78. The Court of Appeal also referred to its decision in AYOADE v. SPRING BANK (2014) 4 NWLR (Pt. 1396) 93 at 132 where it held that: “It is trite that a court has no power to make orders either in favour of or against persons who are not parties to an action.” Further to this, the Court of Appeal held that the order made by the trial court in favour of Jimoh Ibrahim, who was never at any given material time a party before it, was a nullity. On the third issue, the Court held that parties are not allowed to misrepresent the content of judgments and the court cannot also confuse its decisions and misrepresent them for whatever reason. The Court observed that the order made by the trial court on 29th June, 2016, which the 1st to 9th Respondent sought to enforce by the post judgment application, did not relate to the November, 2016 elections, but to the general elections in 2019. Therefore, there was no link between the order made in the judgment of 29th June, 2016 and the relief sought and granted by the trial court in the purported contempt/judgment enforcement proceedings. On the fourth issue, the appellate court held that a local chapter of a political party is not recognised in law as being capable of carrying out the officially designated functions of a political party. This is because by the combined effect of the provisions of Sections 221, 222 and 229 of the 1999 Constitution as amended and Section 80 and 156 of the Electoral Act, only the National Officers and the singular corporate Sole (entity) of a registered political party is duly recognised to do so and not sectional branches or segments of the party. The court referred to the decision of the Supreme Court in ODEDO v OGUEBEGO (2015) 13 NWLR 265 and concluded that any primary conducted by the state chapter of a political party is a nullity. On the fifth issue, the court agreed with the Appellant that committal quo contempt proceedings are sui generis, duly governed under a distinct and peculiar rule of procedure. The court observed that the proceedings before the trial court were commenced pursuant to the Sheriffs and Civil Processes Act, and Judgment Enforcement Rules. Same was equally brought pursuant to the special jurisdiction of the trial court for committal for contempt under the Federal High Court (Civil Procedure Rules). The court held that by the mode of commencement of the proceedings, it was the disciplinary jurisdiction of the court that was invoked and this ought not to have been turned into a process to grant relief in a new cause of action, outside what was envisaged in the purported contempt proceedings. The trial court was therefore wrong to have employed the contempt proceedings to direct the INEC to accept Jimoh Ibrahim’s nomination. On the sixth issue, the court held that in view of the fact that the trial court was adjudicating over another suit (suit No. FHC/ABJ/ CS/591/2016 between Jimoh Ibrahim & Anor. v Sen. Ahmed Makarfi & Anor), in which Jimoh Ibrahim was seeking to be declared as the candidate of PDP in the November 2016 elections, the trial court should have cautioned itself before determining the legal validity of his candidacy in the 1st to 9th Respondent’s post judgment application as this is akin to illegally granting final reliefs in an interlocutory application. Lastly, on the seventh issue, the court disagreed with the findings of the trial court that the exhibits, the original copies which were in the custody of the PDP, were not public documents which require certification. On the whole, the Court of Appeal allowed the appeal and set aside the ruling of the trial court on the post judgment application. Representation: Chief Wole Olanipekun, SAN, Chief Ifedayo Adedipe SAN, Mr. Dayo Akinlaja, SAN, and 17 other Counsel for the Appellant. B.E.I. Nwofor SAN and R.A Oluyede for the 1st to 9th Respondent. Neslon Anih Esq. for the 10th Respondent. Godswill Mrakpor for the 11th Respondent. G.A. Badejo, P.E.C. Ekweme, C.A. Omelia, C.A. Uneano and T.H. Lafenwa for parties seeking to be joined as Respondents. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR)

13.12.2016

NEWS/5

VEHICLE PRESENTATION

CALL TO THE BAR L-R: Mr. Benson Igbanoi, Hadassah Igbanoi, Director General Nigerian Law School, Mr. Olanrewaju Onadeko SAN and Mrs. Juliet Igbanoi at Hadassah's Call to Bar last week

L-R: Mr. Omotayo Shasanya, Chief Registrar, Lagos High Court, Mr. Emmanuel Ogundare, Lagos State Chief Judge, Honourable Justice Olufunmilayo Atilade, Lagos Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem, Honourable Justice Yetunde Idowu and Mrs. Funmilola Demi-Ajayi at the presentation of official vehicles to newly appointed magistrates of the Lagos State Judiciary, recently

Appeal Court Lagos for Commissioning

Tobi Soniyi in Abuja

All is now set for the historic commissioning of the Court of Appeal Complex Lagos Division, scheduled for the 19th of December 2016. A statement issued by the Court of Appeal's Media Officer, Mrs Saadatu Kachalla said that the President of the Court of Appeal, Hon. Justice Zainab Adamu Bulkachuwa CFR was in Lagos

last Tuesday, to inspect facilities put in place as part of preparations for the epoch making event. She said the commissioning would be historic because the court began in Lagos 40 years ago. When the court came into existence in August 1976, the office was then situated at Boudillion Road Ikoyi, Lagos. The building, which once accommodated the Supreme Court of Nigeria, was handed over to

the Court of Appeal after the Supreme Court moved to Abuja, the Federal Capital. The court has now been given a face lift by Justice Zainab Bulkachuwa. As Presiding Justice, Justice Bulkachuwa saw to the successful completion and commissioning of the new Jos Division Court of Appeal office complex in 2009, during the tenure of the former President Justice Umaru

F. Abdullahi CON. In 2014, when she was sworn in as the sixth President of the Court of Appeal, Justice Bulkachuwa worked assiduously, and in her resolve to create an enabling working environment against all odds, completed the Ibadan Division of the Court. It was commissioned that same year by the then Chief Justice of Nigeria, Justice Aloma Maryam Mukhtar GCON.

Malami, Kutigi, Falana for Human Rights Parley Commissioning Jude Igbanoi Former Chief Justice of Nigeria, Idris Legbo Kutigi, Attorney-General of the Federation, Abubakar Malami SAN and human rights lawyer Mr. Femi Falana SAN will today grace the public presentation of a book on human rights at the Nigerian Institute of International Affairs, Victoria Island, Lagos.

Issues relating to human rights protection will take the front-burner, as foremost human rights lawyer, Chief Frank Agbedo unveils his book on human rights litigation. The International Bar Association’s Bernard Simmonds award winner, Mr. Femi Falana SAN will review the Book. Others expected at the book

presentation are Lagos State Governor, Mr. Akinwunmi Ambode who is the Book Presenter; Enugu State Governor, Rt. Hon. Ifeanyi Ugwuanyi; Chief Judge of Lagos, Justice Oluwafunmilayo Atilade; THISDAY Newspapers Editorial Board Member, Mr. Sonnie Ekwowusi who is also a Book Reviewer, and Nigerian Bar Association Lagos Branch

Chairman, Mr. Martin Ogunleye, the Chief Host. The author, a consummate human rights litigator, Agbedo is also the Founder of both the Global Centre for Defence of Human Rights and Crown Law Chambers, Lagos. The book is titled “Human Rights Litigation in Nigeria: Law, Practice & Procedure".

LEGAL UPDATES 25TH ANNIVERSARY RE-UNION OF NIGERIAN LAW SCHOOL – CLASS OF 91

In 1991, a set of law graduates who had successfully completed the one-year mandatory training at the Nigerian Law School were called to the Bar at a solemn ceremony. Some entered into legal practice, others into the corporate world and quite a few went into various forms of business. Some 25 years later, the distinguished members of the Nigerian Law School - Class of 91 have become governors, legislators, captains of industry, appellate and high court judges, benchers and senior advocates, company secretaries and directors of blue chip enterprises, successful legal practitioners – and have made their mark in their various communities and the society at large. On the 16th of December, 2016 which is the 25th Anniversary of our Call to Bar, the members of the NLS - Class of 91 will hold a head-line celebratory event - an Interactive Mentoring Session with the students of the Nigerian Law School, Lagos Campus from 10 am – 12 noon followed by a Cocktail, and a formal Dinner and Awards Night in the evening at the Oriental Hotel,Victoria Island, Lagos. Pioneering Awards will be given to persons who have the distinction of being the first member of the Class to become: Senior Advocate, Court of Appeal Justice, Chief Judge of a State, High Court Judge, Bencher, Governor, Speaker, Federal Legislator, State Legislator, Attorney-General, ranking NBA National Officer, Professor of Law; and Special Awards to some deserving members of the Class who have achieved great distinction in government and the private sector. The Vice-President of Nigeria Prof Yemi Osinbajo SAN has accepted to be the Guest of Honour and Dinner Speaker on the suggested topic ‘25 Years After Call - What Next?’. A full colour Commemorative Class Brochure for the event which will include a reproduction of the Law School 1990/91Yearbook will be published and presented at the Dinner. Members of the Class (all those called to the Bar in June or December 1991) should urgently contact the NLS-Class of 91 Steering Committee: JS Okutepa SAN o n 08035896910 or Alex Muoka on 08033009242 or send an email to ‘nlsclassof91@gmail. com’ and copy ‘alexmuoka@gmail.com’.Thank you.

Foundation Organises 3-Day Capacity Building for Prosecutors

Human Rights Group Calls for Immediate Release of El-Zakzaky

Alex Enumah in Abuja

Akinwale Akintunde

As part of efforts at enhancing efficiency in the Nigerian justice sector, a Non-Governmental Organisation, The Wayamo Foundation in conjunction with the International Nuremberg Principles Academy, Africa Group for Justice and Accountability in collaboration with the Federal Ministry of Justice, organised a three-day training session for prosecutors in the justice ministry. The workshop tagged, “Strengthening Justice and Accountability in Nigeria” was aimed at setting standards for prosecutors in addressing the most serious and complex crimes. Director of Wayamo Foundation and Head of the Secretariat of the Africa Group for Justice and Accountability, Bettina Ambach, in an interview with journalists at the venue of the workshop in Abuja, disclosed that one of the goals of the training, is to enhance the ability of Nigerian prosecu-

tors to address the most serious and complex crimes under the Nigerian criminal law, as well as have a better understanding of international, transnational and terrorism-related crimes, including those of concern to the International Criminal Court (ICC). “Today we are strengthening the capacity of Nigerian prosecutors to deal with complex crimes, transnational crimes, terrorism-related crimes and the crimes which potentially may fall within the jurisdiction of the ICC." “We believe in general that justice and accountability are strengthened through developing and helping to strengthen the domestic systems." “When we do our programs to strengthen domestic capacities, we always try to make sure that we have a good relationship at the international level and the international court”, she said. Ambach further disclosed that,

a representative from the Office of the Prosecutor of the ICC would be on hand to explain what the admissibility requirements are for Nigeria, since Nigeria she noted, is under preliminary examination at the ICC. She expressed hope that, if the Nigerian prosecutors are strengthened and they have the capacity to deal with complex crimes which are potentially under the jurisdiction of the ICC, then they will have the capacity in the future, to deal with those crimes domestically, and the ICC would not have to intervene. The facilitator also disclosed that the training would also take a look at the instruments at the disposal of the local prosecutors, what Nigeria's criminal code, the penal code say about those instruments, and how it can be adapted to meet the requirements of international standard.

Human Rights group, Access to Justice, has urged the Federal Government to obey the court's decision which ordered the release of the leader of the Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky. El-Zakzaky was arrested by the military on December 14, 2015, after a clash between the movement and officers of the Nigerian army. The army killed at least 347 members of the group. The sect leader approached the court to demand his release, months after he was arrested without being charged to Court. An Abuja Division of the Federal High Court however, ordered the release of the leader of the Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky. But weeks after the court order, El-Zakzaky still remains in detention. Access to Justice through its

Executive Director, Mr. Joseph Otteh, however, condemned the continued illegal detention of the sect leader and urged the Federal Government to obey the court order by freeing him. Otteh also urged President Buhari to investigate the killings of IPOB members, and the growing and gnawing culture of impunity by government officials. According to the statement, further delay in releasing ElZakzaky, will represent a direct and serious affront to the rule of law in a democratic government and a dangerous abuse of power. “The Nigerian military government is engaging in summary, arbitrary and extrajudicial executions of members of the Independent Peoples of Biafra (IPOB)." “It is a major vilification of Nigeria’s constitutional democracy that those who ordered and perpetrated the attacks that resulted in these killings, are still in office and exercising state authority till this time. It is also regrettable that

the Federal Government could not be bothered to investigate the atrocities committed against the IMN group by its military forces." “On the contrary, the government proceeded to detain and imprison El-Zakzaky and his spouse since December 2015, without charge. This irony beggars belief and greatly diminishes any claims of this government to respect for the rule of law and protection of human rights." “The continuing silence from the government, coming on the heels of several other “silences”, is non-the-less quite audible in its meaning, and proclaims that human rights are expendable platitudes for the Buhari government." "The Buhari government is steadily emboldening a climate of impunity in governance, and strengthening the hands of those who unleash brutal force against protesters", Access to Justice stated.

13.12.2016

Federal Attorney-General Vows to Reform Copyright System Akinwale Akintunde The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN has vowed to reform the copyright system in the country, to enable it effectively protect and promote the creative enterprise sector. Speaking at his Abuja office during a meeting with the delegation of the Copyright Society of Nigeria (COSON) led by its Chairman, Chief Tony Okoroji, the minister said such reform would also help the Nigerian economy benefit from the creative ingenuity of Nigerian citizens and those interested in investing in the creative industries. According to Malami, as part of the reform, the Nigerian Copyright Commission will be energised without delay so that it will pivot from its present analogue approach to the enforcement

of the copyright law, to a new and muscular digital approach. The Attorney-General pledged that the creative sector will soon see developments arising from the meeting. Addressing the Attorney-General, Chief Tony Okoroji said his delegation was in Abuja at a time of national economic distress to engage critical policy makers in the Buhari administration, on how to harness the potential contributions which Nigerian creativity can make to the development of the Nigerian nation. "For a long time, there has been too much talk without action, and people are getting disillusioned. In the present economic environment, the Nigerian nation must recognise the necessity to fully deploy the substantial comparative advantage which Nigeria possesses with its creative industries. It

is doable to use this sector to provide hundreds of thousands of well-paying jobs for the teeming masses of Nigerian youth who parade the streets of our country almost hopelessly, and which hopelessness invariably attracts them to become laborers in the devil’s workshop", Okoroji said. According to the COSON Chairman, the era when the Nigerian economy was almost completely dependent on oil and gas, is in the nation’s past and will not come back, and Nigeria’s future will have to be built on the creative ingenuity of the Nigerian people. He said that the ingenuity can be seen in how wide Nigerian music, movies, literature, fashion, programming, and similar products of the creative endeavour are in demand across the world. Okoroji emphasised that the nation

must not only ensure that the demand for Nigeria’s creative products around the world is met, but that in meeting the demand, appropriate value is received by Nigerian citizens. While in Abuja, the COSON delegation also had in-depth meetings with the Minister of Communications, Mr Adebayo Shittu and the Minister of Information & Culture, Alhaji Lai Mohammed. The delegation was also received by several Directors-General of different Federal Government agencies. The COSON team to Abuja included Afro juju star, Sir Shina Peters; Rub-a-dub maestro, Ras Kimono; Gospel music star, Kenny Saint Best and Queen of love, Azeezat Allen. Also in the delegation were COSON General Manager, Mr. Chinedu Chukwuji and COSON Public Affairs Consultant, Mrs. Lucy Ajayi.

Court Strikes Out RTEAN Suit against Trade Union Congress Akinwale Akintunde Justice O.A Obaseki-Osaghae of the National Industrial Court sitting in Lagos, has struck out a suit instituted by Road Transport Employers Association of Nigeria (RTEAN) and the Registered Trustees of Tricycles Owners and Drivers Association of Lagos State (TODAL) against Trade Union Congress of Nigeria and Tricycle Owners Association of Nigeria. The court struck out the Suit No: NICN/ LA/256/2016 for want of jurisdiction, on the ground of non-exhaustion of the mandatory provisions of Part 1 of the Trade Dispute Act (TDA) as prayed by the defendants in the their Notice of Preliminary Objection.

The court also awarded N25,000 cost in favour of the 1st defendant, Trade Union Congress of Nigeria. Ruling on the Notice of Preliminary Objection dated June 7, 2016, the judge said having carefully considered the originating process and the submissions of the parties, the pleadings revealed that the suit is an inter-union dispute which falls squarely within Part 1 of the Trade Disputes Act (TDA) CAP T8 LFN 2004. The court held that, an inter-union dispute such as this, invokes the conciliation and arbitration dispute resolution mechanism provided for in TDA. "The provisions of Section 4-9 of the Trade Disputes Act are mandatory and provide the

procedure for resolving a trade union dispute." "The dispute must have gone through the stages of mediation, conciliation and then the Industrial Arbitration Panel (IAP); whereupon if there is an objection to the IAP's award, the jurisdiction of this court may be invoked." "Therefore, the jurisdiction of this court as it relates to inter-union matters such as this, is strictly appellate; exercising original jurisdiction only as provided in Section 15, 16 and 17 of the Trade Disputes Act. Furthermore, Section 7(3) of the NIC Act, 2006 has not conferred the court with original jurisdiction in respect of trade union disputes." "It prescribes that any such matter may go through the process of conciliation or

arbitration before being heard by the court. This is in line with the provisions of the TDA." "By the combined provisions of Section 4-9 of the TDA and Section 7(3) of the NIC Act, I find that this action is prematurely instituted. The jurisdiction of this court to entertain this dispute is appellate and not original and I so hold." "I hereby decline to entertain this matter. The 1st claimant is to exhaust the provisions of Part 1 of the TDA before approaching this court. It is a condition precedent required, before the appellate jurisdiction of the court can be activated. In the circumstances, the suit is struck out. Costs of N25,000 awarded the 1st defendant", Justice Obaseki-Osaghae ruled.

Legal Personality of the Week Okey Ilofulunwa

‘Successful Lawyer Masters Difference Between Knowledge and Business of Law’ My name is Okey Ilofulunwa. I was born on April 12, 1971. I attended Christ the King Collage (CKC) Onitsha, Anambra State. I studied law at the University of Benin, Edo State and graduated in 1997. I then went on to the Nigerian Law School as the last set of the unified Law School at Abuja, where I emerged as one of the best graduating students with a Second Class Upper Division in 1999. I did my NYSC in Lagos State in 2000 at Olisa Agbakoba & Associates, now Olisa Agbakoba Legal (OAL). I continued at OAL after my NYSC, leaving in 2004, when I was offered a Fellowship (Scholarship) as a young African Scholar to study for a Masters Degree program in Law at University of Notre Dame, Indiana USA. Two of us were selected from Africa that year, someone from Kenya and I. At the University of Notre Dame, I graduated top of my class with a first class degree what Americans call Summa Cum Laude in 2005. I interned at Heartland Alliance in Chicago USA. After my studies in the USA, I came back to Nigeria in 2006. I am now a Partner at Chancery Law Firm. Have you had any challenges in your career as a Lawyer and if so what were the main challenges? Well, I would say that I have had the normal challenges facing law Practitioners in Nigeria. I will not say that my challenges have been exceptional. In all honesty, I do not have any problem with the knowledge or practice of law, because I can safely say that I am on top of them. The problem I will say I have is, how to convert knowledge of law to comfort. How do I make a success of what I know? That requires special skills which you learn on the job, and unfortunately nobody teaches you that at the Law School. That is, being able to know that there is a difference between knowledge of law and business of law. To be a successful lawyer, you have to master the two. That is why the most brilliant lawyers, are not necessarily the most successful lawyers. Overcoming that challenge is still a work-in-progress for me. There are some problems being encountered by lawyers in the course of plying their trade. I will describe them as professional or occupational hazards. For litigation lawyers like me, things like being late to court through no fault of yours, coming to court

adjourned the case in chambers before sitting. I felt very bad and stupid that day. In fact I did not know how to inform my client about it, having raised his hope that the motion was likely to be moved that day. It was a bad experience for me, considering the kind of unnecessary adjournments the case has suffered.

Okey Ilofulunwa

and being told that the court is not sitting, after you have had sleepless nights preparing for your case, losing a case, are pretty much normal hazards What was your worst day as a Lawyer? What I may classify as my worst day as a Lawyer, was on a day in court, when I was conducting a case before a Judge of Federal High Court, Lagos division. This case had suffered a lot delays caused by the court not being ready to hear us. That particular day, I was in court very early, and the Registrar had informed me that the court would be sitting. I called my client to tell him that the court would likely hear us that day. We were seeking for an injunctive relief. My case was like number seven (7) on the list. I was outside the court discussing with a friend of mine who is a SAN, when the Judge drove in. I figured that it would take the court at least 10 minutes to start sitting and get to my turn. I did not know that the Judge had in chambers, marked the cases he wanted to hear that day, and had adjourned others, including mine. I came into the court after about ten minutes and was waiting for my case to be called, so that I could move my motion for injunction. The court heard the other cases and was about to rise at about 1pm. I quickly told the court that my case was not called, and I had been in court all morning. It was then that the Judge informed me that he had

What was your most memorable experience? It was when I was like two years post call to Bar. It was a case involving a University Professor in a first generation University. The Professor was having a problem with the University. The University Senate had recommended the Professor’s dismissal from the University, but was awaiting confirmation by the Governing Council of the University. The Professor was then advised that it was only Dr Olisa Agbakoba SAN that could save him. The Prof came to our office and Dr Agbakoba assigned the case to me. I worked with him on the case, and we went to court to file the case and have the case heard that same day because of its extreme urgency. The Governing Council of the University was to sit the next day. We needed to get an Ex-parte Injunction against the Governing Council, stopping them from approving the dismissal of the Professor. While Dr Agbakoba and myself were waiting to have the case assigned to a court and it was like taking forever, I thought that the Master himself would deal with the argument in court, while I would just stay behind him. Dr Agbakoba could not stand the delay any longer, he simply called me to the side and said that I should take the file and argue the case, that he had to leave for another matter. I immediately started sweating from everywhere. I tried to convince him to stay for a while so as to do the case, because the Professor’s life seemed to depend on the case. He told me that I should shut up, that I am a lawyer and as such, I should handle the case. This was at the time that there were no written arguments in support of applications. Arguments were made orally in court. I quickly picked the case file, ran to the court’s library to prepare for argument. Shortly after, our litigation clerk then, who is now a lawyer, came to inform me that the case had been assigned to a Judge and that I should come to court to argue the Ex-parte motion. My argument lasted for about two hours .

After my submission in court, the Judge told me that since he was transferred to Lagos, he had vowed not to grant any Ex-parte injunction, but that my argument had convinced him enough, to make him change his mind. The Injunction was granted against the University and they were served that evening. Of course that stalled the Governing Council’s sitting to ratify the Professor’s dismissal from the University. The Professor was very happy with me. Dr Agbakoba was also very happy with me and he gave some money to go and enjoy myself. Who has been most influential in your life? I guess you mean in my legal life. My former boss Dr Olisa Agbakoba SAN of course. He took me as a new wig and nurtured me well in the practice of Law. If you do not have it, you cannot work with him. He tries to make you a complete Legal Practitioner. The way he instills confidence in you as a lawyer, is, second to none. How he does it, I do not know. You cannot come across him and still remain the same. He is a Master. Why did you become a Lawyer? I became a Lawyer first to contribute my quota towards addressing some of the ills of the society. I detest injustice and intimidation. I figured that by becoming a lawyer, nobody can intimidate me and I will help to fight injustice in our society. Those were the reasons why I became a lawyer. What would your advice be to anyone wanting a career in law? Anyone wanting a career in law should be focused and determined. With these two qualities, you will achieve all you want to achieve. If you had not become a Lawyer, what would you have chosen? I would have been an Accountant. As a matter of fact, I was admitted to study Accountancy at Yaba College of Technology, before I got admitted to study law. Where do you see yourself in ten years? I see myself at the zenith of my profession. I will be a Senior Advocate of Nigeria by then. That is my belief.

13.12.2016

TRIBUTE/7

Tribute To My D-Shash Ayodeji Oladipo Sasegbon SAN went to be with the Lord on Saturday, December 10th, 2016. He was known to most lawyers for his excellent legal publications, especially the Nigerian Supreme Court Cases, elegantly bound Law Reports, used by most lawyers as a reference for Supreme Court authorities. Two of his close friends, Edith Unuigbe and George Etomi, pay tribute to this distinguished gentleman. May his soul rest in peace. Amen

"It is well with your soul D-Shash" D-Shash, hat a gallant fighter and what a struggle but in the end, you have gone to rest. You fought till the very end, and we all thought this struggle would be conquered, especially with the vigour that my darling Oge put into caring for you. I am in deep shock and as I write this tribute, it seems so unreal. Even through this sickness, you were larger than life, your brain remained very sharp and you never lost your wit.....making us laugh every inch of the way. As a Lawyer, you excelled and took Silk several years ago, in 2004. As an author, you gave Nigeria and the Legal Profession, our own version of Halsbury's Laws of England, replicated in "Deji Sasegbon's Laws of Nigeria: An Encyclopaedia of Nigerian Laws and Practice" (30), and then topped this up with the publication of the Nigerian Supreme Court Cases from 1953-1993 (38 Volumes), Companies And Allied Matters Law And Practice (6 Volumes). THESE ARE LEGACIES YOU HAVE LEFT BEHIND FOR THE LEGAL PROFESSION, AND LEGACIES THAT WILL KEEP YOUR NAME ALIVEl FOREVER.

Therefore, you came, you saw, you served and conquered in the Legal Profession. WE, IN THE LEGAL PROFESSION, HAVE YOU FOR KEEPSAKES IN OUR RESPECTIVE LIBRARIES. What about the major cases you won even in the face of major difficulties?You restored a lot of gubernatorial candidates as Governors, through your Advocacy. Indeed on your sick bed, I witnessed a group of very eminent SANS come to discuss a very complex legal case with you, with volumes of law books and files from your Chambers. That is how astute you were till the end. Very sharp brain. Ah Deji!!!!!! We shall miss you in every respect. For Oge, we shall be there for her, while you rest on. Your children shall remain our children. In your private life, you exhibited the same vigour from the Motor bikes to partying hard, to being a devoted father and husband, to giving a lot of love to your beautiful family. A love you extended to all your friends, even visiting me while you were already ill. Deji dearest, our gentle giant, you will stand tall forever. May light Perpetual shine upon your gentle soul and may you transcend to even greater heights in God's Kingdom. Amen. IT IS WELL WITH YOUR SOUL D-SHASH..... INDEED VERY WELL. EDITH UNUIGBE, General Counsel/Legal Adviser, Nigeria LNG

The late Ayodeji Oladipo Sasegbon SAN

The Legal Profession is Grateful to You

eji Sasegbon, SAN, 'D-Shash' as he was known to his friends, died in the early hours of Saturday 10th December 2016, from complications arising from a stroke he suffered about two years ago. Deji was one of the most amiable persons that I had the privilege of interacting with from childhood, through university and as colleagues practising at the bar. Deji was full of life and I recall in the glorious days of student life at the university of Ife, one Sunday when we conducted a motor bike race from the university gate to the T junction facing the majestic university library built at the time of Professor Hezekiah Oluwasanmi, the towering Vice-Chancellor, who took that university to international heights. However, on this particular occasion, Professor Ojetunji Aboyade had come to resume as the new Vice- Chancellor, only for him to meet a full fledged bike race. He was horrified, to say the least. Incidentally Deji won that race, but in the process, crashed into the wall demarcating the library from the main road. Thankfully, he didn’t suffer from any serious injuries. This was innocence of student life at its height and I am happy that we all enjoyed that life. Deji eventually graduated with honours from the university in 1979 and was called to the bar in 1980. After his National Service, he worked at the Ministry of Justice in Lagos for ten years, during which period he earned the reputation of being a diligent prosecutor and brilliant advocate. Deji’s height at 6ft6 told a lie about his temperament, for someone that tall and well built, he was as gentle as they came. His soft spoken manner hid a determined resolve to excel. It was therefore not too much of a surprise to me that when he went into private practice, he quickly identified a niche for himself. He went into law reporting, because he identified that finding the law was a particularly laborious task for the average lawyer in Nigeria. So alongside his law practice, he established the publishing company known as dsc Publishers Ltd, and proceeded to publish the Supreme Court law reports. This was a remarkable feat, and will perhaps go down as one the achievements for which he will forever be remembered. The publication which has over thirty eight volumes, has been a gift to the Nigerian lawyer and is a massive contribution to our legal jurispru-

dence. He did not stop at this report, he also proceeded to do a compilation of the Companies and Allied Matters Law and Practice (CAMA). With the advent of ICT, Deji remained at the top of his game, and he deployed IT to create a platform where legal texts were exposed to over ten millions users on the internet worldwide. Through this effort, he has ensured that the legal landscape in Nigeria has been altered for good. Deji was called to the inner bar in 2004 and participated in landmark trials all over the country. Obviously his dedication to publishing gave him an edge in court, because he had on his fingertips, the latest decisions of our various courts to debunk any claims made by the opposing counsel. He has practised alongside other remarkable and brilliant lawyers like Professor Yemi Osinbanjo (now Vice President of the Federal Republic of Nigeria), Mr Rotimi Akeredolu, SAN (Governor-elect of Ondo state) and Mr Charles Edosonwan, SAN and I’m sure all of them can attest to Deji’s dedication to the profession. I cannot end this piece without saying a word about Deji’s loyal and dedicated wife, Oge. To put it mildly, Oge is a wife, mother and companion of immeasurable dimensions. She stood by and nursed Deji from the time he became incapacitated by the stroke, until he took his last breath. It is easy to assume that this the least a wife can do for a spouse, but I can assure you that, until we are all put to the test we may never tell how we can respond to such a challenge. Oge kept her vows and for better and for worse and in sickness and in health, she stayed with Deji to her eternal credit and respect. God the comforter of all, will ensure that all honest doors will open to her and their lovely children. Only last summer my twin brother, Mike and I, in the company of Deji’s longtime friend and colleague Arobo Kalango, spent quality time with him in the suburbs of London, where he was, for medical treatment. As much as we could, we relived the good times. He responded to such warm company with his characteristic grace and humour, which he never lost throughout his ailment and I will always hold this dear to my heart. Only two days before he passed, I was at First

Cardiology Hospital, Ikoyi where I met his entire family by his bedside. I am sure Deji passed peacefully in the knowledge that he was surrounded by all those who cared for him in this life. Perhaps I should echo the words of Oge to Charles Edosonwan and I at the hospital. Her advice was short and crisp. “Please gentlemen, take time to look after your health in spite of your busy schedules.” Deji delayed a vital check up because he needed to tidy up a very crucial matter for a client and ended up with a stroke. I recall my days as Chair of the Section of Business Law (SBL) where on the advice of my twin brother, Mike and our bosom friend Dr Yemi Johnson, we included health talk as part of the agenda of the SBL. Perhaps it is time to advice that the NBA should prioritise this in their program, even though this does not appear to be a core law subject. In a profession as highly charged and intense as the legal profession, it is important to understand that knowing the vital signs of our bodies is key to successful practice. Incidentally, some of Deji’s doctors, Yemi Johnson, Seyi Roberts and Kofo Ogunyakin were constant resource persons at the health segment of the SBL conferences, and I am sure they agree that there is a lot that we can benefit from staying in good health. I thank them too for the care they took of Deji and for being such true friends. I reserve my last words for some clients Deji worked slavishly for, and who have adamantly refused to pay him, in spite of the fact that he needed every kobo to take care of his health. Now that he is gone, I hope they can still redeem themselves and honour his memory by paying off their debts, so that at least his grieving family can meet up some of the medical expenses incurred over the period. To Deji’s mum and siblings, I can only say take heart. Deji was a perfect ambassador of your family. He came, he saw and he conquered. He added value to a name that he inherited from his forebears and we thank God for it. The legal profession in Nigeria is truly grateful to this amazing legal colossus. Rest in Perfect Peace. George Etomi, Legal Practitioner, Former Chairman, Section on Business Law, NBA

8/COVER

13.12.2016

COVER/9

Doctors in Nigeria: Healers or Killers? That the standard in the Nigerian Health Care Sector has declined to an all-time low, is no longer news. Onikepo Braithwaite examines some of the major reasons for its descent into the abyss, including medical negligence, lack of equipment and inadequate manpower. She also spoke to patients and doctors

Oluyinka Olutoye ecently, Nigerians were proud to celebrate Dr Olutoye, who trained at Obafemi Awolowo University (formerly University of Ife), Ile-Ife, Nigeria. He is a specialist with expertise in fetal and neonatal surgery with specific interest in congenital diaphragmatichernia and complex wounds. A Nigerian trained Dr working in Texas, USA, along with his partner, performed an incredible feat of delivering the same baby twice, thirteen weeks apart. He removed the baby from the mother’s womb at 23 weeks, performed surgery on her to remove a tumour, then replaced her in her mother’s womb and delivered her again, healthy at 36 weeks. Most foreign countries one goes to, whether, UK, USA, UAE, to name a few, one finds that several top medical consultants in their hospitals are Nigerian. Same with nurses. A lot of them trained here. The Child Last week, the tragic death of a six year old child at a Victoria Island hospital, finally necessitated the writing of this piece. I have however, decided to omit the names of the parties involved in this sad case for reasons best known to me. There have been allegations of medical negligence against the hospital by the Parents of the child, while the hospital maintains that they did all that was required of them in the treatment of the child. I interviewed both the Parents of the child and doctors from the hospital. The Parents of the child (the Parents, the mother or the father) and the hospital confirmed to me that the child suffered from sickle cell anaemia. The hospital also went further to say that the child also suffered from asthma, as they put it, suffering from ‘two chronic illnesses’. Here is a brief overview of what happened. I will try to be as accurate as possible. Kindly, forgive me if I have left out any pertinent details. Day 1 The child did not eat breakfast in the morning. His father offered to feed him, but he refused. The child was obviously having some of his asthma issues. The child was insisting on going to school. The father refused, saying he could not go to school on an empty stomach. He decided there and then that instead of going to school, the child should see the family doctor. The family doctor happened to be away, abroad, but another doctor on duty at the clinic nebulised the child and administered an antibiotic injection, Rocephin. The family doctor's clinic claims that the father was informed that the child should be put on admission at the hospital. Nebulisation is the treatment of asthma and other respiratory related diseases by the administration of medication in form of a mist inhaled into the lungs through a machine. The doctor put a call through to the family doctor abroad, informing her that the child should be admitted to hospital, so as to be able to take the antibiotics intravenously. The child went home, felt better, and even ate a hearty meal of rice and stew. Day 2 It was not clear what happened to the child that day, but the father took him to the hospital late that night and into the next morning. The child was complaining of stomach ache. Day 3 The father and child were in the hospital into the very early hours of the morning, say about 1 am. The child still had the stomach ache and the doctor on night duty (Young doctor) asked that the child should be admitted, but gave no viable reason why, according to the father. The father asked Young doctor if there was an immediate treatment plan, necessitating the child’s admission to the hospital at that time. The Young doctor offered him no viable explanation or treatment plan, so he left with his son, saying that they would return later that morning (I guess when the Consultants would have resumed duty). Later that morning, as early as 7am, the father and child were back at the hospital, with the child still complaining of a stomach ache. On their return they still met Young

What the Hospital Said For the Hospital, Day 3 was their Day 1. Day 3, Hospital Day 1 The child was brought to the hospital late in the night, into Hospital Day 1. The child had been given a Recophin antibiotic injection at the family dr's clinic on Day 1. Recophin injection was not administered the next day (Day 2, before the child was brought to the hospital). Ideally, the injection should have been given daily during the sickness. The Young Dr nebulised the child and requested that the child be placed on admission. The Young Dr said that the father refused the admission, saying that the child was feeling better after the nebulisation. The Young Dr then advised the father to come back to the hospital if any problem arose later in the night. The father arrived with the child at about 7.50am. The child was in extremis, that is, in some sort of breathing distress. The normal process before consultation/admission, taking of vitals and so on was by-passed. The child was nebulised, the intravenous line was set and the child was stabilised. The hospital said that stabilisation of the child was priority and it took some time to achieve this. The child was given another dose of Rocephin and the chest x- ray was done and reported on, before 11.30am. The child had lobal pneumonia. Crystalline Penicillin, the drug of choice for the ailment, was added to the Rocephin. The child was also put on oxygen. The child improved a bit. However, by 5.30pm, the child was more breathless, wheezing. Consultant 1 therefore instructed that the child should be nebulised four-hourly. During the night, there were three medical officers on duty (Young Drs). The hospital says that in most parts of the world, it is normal that Consultants do not do night duty. Medical Officers, also called Registrars in the UK, do the night duty, and may contact the Consultant in charge of a case, in cases of emergency, during the night. The hospital 's position is also that it is not normal procedure to take instructions from an unknown third party (Aunty Dr in this case), on how to treat your patient. The only other doctor that could have issued instructions on the treatment of the child would be the family dr, who was the child's doctor.

Dr, who was getting ready to go off duty. Not too long after, two Consultants of the hospital, resumed. They took charge of the child’s case (Consultants 1 & 2). The child was placed on admission that morning. In the meantime, the mother’s sister, a paediatrician practising in USA (Aunty Dr), had been contacted by the mother. The chats that were made available to me, that is, between Aunty Dr and the mother, were from very early in the morning of Day 3. Aunty Dr suspected that the child may have pneumonia, and acute chest syndrome, which was not unusual in a child with sickle cell. Aunty Dr felt that the pneumonia should have been evident from a physical examination. She also recommended that an ultrasound of the child and respiratory etiology should be carried out. The Parents claimed that Aunty Dr’s suggestions did not go down well with Consultant 2, who seemed to feel offended about being told what to do by another doctor. The father informed me that it was several hours after Aunty Dr’s suggestion, which in tears, he passed on to Consultant 1, that the child was finally given a chest x-ray which confirmed Aunty Dr’s fears, that indeed, he had pneumonia, with the left lung being in a worse condition than the other. Consultant 1 directed that the child should be nebulised every four hours. Aunty Dr told the mother that she was unclear as to the reason for nebulisation. She was more concerned about the pneumonia being treated.The child was still having terrible stomach pains. Another antibiotic, crystalline penicillin was added to the Rocephin. The father said that he noted that the medication being given to the child may have been inadequate as his weight was 24kg and not 12kg, as noted in his chart. For children, medication is usually prescribed according to weight. Day 4: The Final Day Just before 3am, the mother told Aunty Dr that the child’s breathing was laboured, 95bpm with 150 heart rate and he was sweaty. Aunty Dr thought he had a fever, the mother said that he didn’t. She was asking the mother a lot of questions, was there a Consultant present, the antibiotics etc. She was still insisting on an ultrasound to check if the child had fluid in his lungs, how bad it was and so on, and that the antibiotic should be changed to levofloxacin. She was however, not sure whether that particular medication is even available in Nigeria (Apparently, levofloxacin is not generally used for children, because it can affect their growth). At 4am Aunty Dr told the mother that fluids, antibiotics, pain control and possibly a blood transfusion were necessary, depending on the child’s haemoglobin level. Two minutes later, the mother told Aunty Dr that the hospital was about to give the child a blood transfusion. The child’s breathing dropped to 85bpm. This worried Aunty Dr who said it was crucial for a Consultant to be in the hospital to attend to the child. There was none. She told the mother that she wanted the child transferred to the ICU of another hospital, because she

"THE PARENTS CLAIMED THAT AUNTY DR’S SUGGESTIONS DID NOT GO DOWN WELL WITH CONSULTANT 2, WHO SEEMED TO FEEL OFFENDED ABOUT BEING TOLD WHAT TO DO BY ANOTHER DOCTOR. THE FATHER INFORMED ME THAT IT WAS SEVERAL HOURS AFTER AUNTY DR’S SUGGESTION, WHICH IN TEARS, HE PASSED ON TO CONSULTANT 1, THAT THE CHILD WAS FINALLY GIVEN A CHEST X-RAY WHICH CONFIRMED AUNTY DR’S FEARS, THAT INDEED, HE HAD PNEUMONIA, WITH THE LEFT LUNG BEING IN A WORSE CONDITION THAN THE OTHER"

could get worse before getting better. The family Dr confirmed to the mother that this sometimes happened. The family Dr had also recommended another antibiotic if the present one failed, vancomycin. A few hours later, the child was rushed to the ICU of the hospital. The child died at about 5.30pm on Day 4. May his sweet, little, gentle soul rest in peace with the Lord. Amen.

Dr. Oluyinka Olutoye

felt that the child’s care needed to be escalated. The transfusion started and breathing was still laboured at 92bpm/142 heart rate. Based on Aunty Dr’s recommendation, the mother wanted the antibiotic changed. The hospital said the antibiotic needed at least 48 hours for it to kick-in, after which it would be changed if there was no improvement.

The mother contacted the family dr on this issue, for her to convince the hospital to change the antibiotics. The family dr told the mother that the 48-hour time frame was not unusual, as no antibiotic was so good that it worked instantly, it needed time to take effect. By 9.35am, Consultant 2 told the mother that there was no improvement from the day before, and the child

Hospital Day 2: The Final Day Consultant 2 had been contacted twice during the night, so he came back to the hospital about 5am.The child was given a blood transfusion in the early hours of the morning. The blood transfusion did not achieve the desired results. Another antibiotic, Meropenem was added to the other medication that the child was on. Consultant 3 resumed duty for her normal 10am-2pm shift. She had not been involved in the case. She however, coordinated the transfer of the child to the Intensive Care Unit (ICU) around 11am, when the child still showed no improvement. The hospital states that the Intensivist, and not Consultant 3, intubated the child and put the child on a ventilator. Consultant 1 says that at a point, there were about eight doctors attending to the child, trying to save his life, 3 Intensivists, 2 Consultants and 3 other doctors. The child went into cardiac arrest at 3.30pm and was resuscitated. He then had a second cardiac arrest from which he could not be resuscitated, and he died. The child is presumed to have had Fulminant Pneumococcal Septicaemia, which can kill in 24 hours. That the rapidity of decline in the patient conditions is inherent in a sickle cell patient with acute chest syndrome. The hospital said that the child had previously been on admission in the hospital for a pneumococcal infection in 2012, an ailment which sickle cell patients are particularly susceptible to (as well as children under the age of five years). The hospital stated that abroad, some children with sickle cell take Penicillin V for life, apart from the vaccine which does not cover all the strains of pneumococcal infection, to protect themselves. The hospital referred me to the book, “Sickle Cell Disease” by Graham R. Serjeant, for more information on the condition. Unanswered Questions What does one say in such a painful situation? The Parents felt that the hospital did not handle the treatment of the child properly, resulting in the death of the child.

"IT SEEMS THAT THE HEALTH FACILITY MONITORING AND ACCREDITATION AGENCY OF THE MINISTRY OF HEALTH NEEDS TO UP ITS GAME. IF THIS AGENCY WAS ACTUALLY DOING ANY MONITORING, HOW WOULD ONE DOCTOR BE ABLE TO PRACTICE 100 DIFFERENT TYPES OF MEDICINE, AND BADLY TOO, AND GET AWAY WITH IT?"

The hospital feels that the child should have been on admission earlier and insists that the antibiotics may have failed, which unfortunately is possible, but, they did all that they could to save the life of the child. The hospital believes that it treated the child with the proper standard of care. The child’s situation, is too unfortunate for words. More investigation or an inquiry into the matter is certainly required to shed more light on the incident. Though I am a lawyer, and not a doctor, several questions come to my mind: 1) If the child was admitted to the hospital on Day 1 instead of Day 3, would it have made a difference 2) Why didn’t Young Dr contact a more senior doctor or Consultant to handle the case that night and ensure that the child was admitted immediately 3) Were the Parents made aware by the doctor at the family dr’s clinic or by the Young Dr that the condition of the child may be serious. Did the doctor at the family dr’s clinic recommend to the father directly that the child be admitted 4) If the hospital had carried out Aunty Dr’s instructions as to the tests and changing the antibiotic to levofloxacin, what would have been the result 5) Is there no quicker way to test and ascertain the efficacy of a medication that has been administered on a patient, like a blood test or something else, than just to sit and wait for say 48 hours to see the physical manifestations 6) Was the treatment plan that the hospital used the right one Some Other Cases of Medical Negligence Broken Arm Some years ago, maybe about 2009 or so, my little son broke his arm. We rushed him to a well-known Orthopaedic Hospital in Victoria Island. He was given some pain relief and I had to hold his hand up all night. The Consultant (a senior one I might add), said that he could not set the hand on the day he broke it, because my son had already eaten that day, and he needed to give him an anaesthetic before setting the arm. I was beside myself. First thing the next morning the arm was set, and put in a plaster cast. We were asked to come back to the hospital a week later for an x-ray, to see how the bone was healing. To our shock, the x-ray revealed that the hand was healing in an opposite direction, sort of back to front. The Consultant had failed to insert pins into the arm to hold the bone together, when he was setting it! Sort of like tearing a piece of paper in several places, and placing it back together without gluing it! We travelled abroad a few days later and saw the doctor. It was in London that I learnt that the Consultant for the arm is different from the one for the leg! To cut a long story short, the window of opportunity had passed, and nothing could be done to repair my son’s arm immediately. We had to wait another year. When the arm was fully and badly healed, my little son had to undergo another operation in London. The arm was broken again, pins and plate inserted, and put back in a plaster cast. He then had to do some sessions of physiotherapy and the doctors were surprised that he more or less regained full use of the arm. Another year later, he underwent another operation to remove the plate in his arm. How could a so-called Senior Consultant be so careless and negligent? Brain Aneurysm A friend of ours went to a well-known hospital, again in Victoria Island, suffering from an excruciating headache, a type she had never experienced before. After the hospital ran some tests, she was told that she had an aneurysm CONTINUED ON PAGE 10

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The late Ifedolapo Oladepo

and that she had to be operated upon immediately or she could die. She was so afraid. Luckily, she had BUPA Insurance and called them immediately. It was an emergency. She was evacuated to Lebanon for treatment. On getting to Lebanon, after an extensive series of tests were conducted, it was discovered that all she had was high blood pressure! She was given medication and sent on her merry way. Cancer A friend of mine went for a mammogram. The report of the mammogram, prepared by a radiologist (qualified doctor that interpretes x-rays), gave her a clean bill of health. However, in doing her monthly self-examination, she had discovered a lump in her breast and gone to see a Dr who removed a specimen and sent it to South Africa for testing. She had Stage 3 Cancer! After removing the lump and having her chemotherapy in Nigeria, my friend proceeded to the UK for radiation therapy, the next stage of her treatment. On her first visit to the Consultant, she went armed with her mammogram. Immediately the Consultant put the x- ray on the screen, he told her that the x-ray was blank! The very same x-ray that the Nigerian radiologist had prepared a report on. That is to say, if my friend had relied on the mammogram and its report, and had not sought a second opinion because of the suspicion raised from her monthly self-examination, she would have been dead and buried by now. Most people have one horror story or the other about mis-diagnosis and wrong/ bad treatment resulting in death, even in things that may be considered to be common place, like child birth. Youth Corper, Ifedolapo Oladepo Recently, there was the case of Ifedolapo Oladepo, a pretty first class graduate of Transport from Ladoke Akintola University of Technology, Ogbomosho, Oyo State. She was a youth corper at the Kano NYSC Orientation Camp. Ife was brought to the camp clinic on November 27 at about 5pm. Apparently, she had been experiencing a headache and fever for about two days, before she was brought to the clinic. At this point, the versions of Ife’s story differ. Some say that she was ignored and not given timely treatment because the camp clinic felt that

she was not really sick, but simply trying to avoid camp activities. Ife’s family claims that she was given an injection by one of the camp doctors, which she reacted to, which led to her breaking out in a rash, and her condition worsening. The camp doctors claim that she had the rash when she was first examined. Ife was brought back to the clinic at about 3am November 28, from where she was transferred to Gwarzo General Hospital. Again her family claims that she was supposed to have been taken to Aminu Kano General Hospital, not Gwarzo General. Gwarzo General claimed that they had to stabilise her for the two hour journey to Amin Kano General. Ife died on November 29, before she could be moved to Aminu Kano General, ostensibly from a kidney-related ailment, which they said arose from a urinary tract infection. Her family is claiming that medical negligence on the part of the NYSC doctors and the delay in effecting Ife’s transfer to Aminu Kano General Hospital, caused her death. Code of Ethics in Nigeria, 2008 Even though the medical and dental professions in Nigeria are governed by the Code of Ethics in Nigeria 2008, their code of ethics seems to be highly ineffectual. Things like: 1) failing to attend to a patient promptly when a patient requires urgent medical attention and there’s a doctor present in the medical establishment to do so, 2) incompetenceintheassessmentofapatient, 3) making a wrong diagnosis especially in the face of clinical features that are so obvious that no reasonable dr could have failed to notice them 4) makingmistakesintreatment, 5) administeringwrongmedication,

6) delay in transferring a patient to another medical facility when a particular facility cannot cater for the patient 7) takingonpatientsthatyoucannothandle are considered to be against the code of medical ethics. Section 25 of the Code provides for a medical and dental practitioners investigating panel and a disciplinary tribunal. The panel investigates any allegations of negligence and misconduct. If there is any substance to the allegation, the matter is forwarded to the tribunal for trial. The Tribunal has the status of a High Court, but the punishment it can mete out in the case of a finding of guilt are, as far as I am concerned, rather lenient. The punishments provided for by the Code should be reviewed. Depending on the gravity of the offence, a guilty practitioner may be struck off the register, suspended from practice for a period not exceeding six months, or simply admonished. Section 30 of the Code of Ethics only provides six months suspension or being struck off the register, even in the case where negligence results in permanent disability or death (gross negligence). Steps that can be taken in Cases of Medical Negligence People, apart from filing a complaint against an erring medical practitioner to Medical and Dental Council to forward to their investigating panel, you can report such a person to the Health Facility Monitoring and Accreditation Agency at the Federal Ministry of Health. You can also pursue a civil claim in tort against such an offender. Report can also be made to the Police who would conduct a criminal investigation, which if there is a finding of gross negligence or recklessness or wanton disregard for the life of the victim, the Police can prosecute or forward the case

"IFE DIED ON NOVEMBER 29, BEFORE SHE COULD BE MOVED TO AMINU KANO GENERAL, OSTENSIBLY FROM A KIDNEY-RELATED AILMENT, WHICH THEY SAID AROSE FROM A URINARY TRACT INFECTION. HER FAMILY IS CLAIMING THAT MEDICAL NEGLIGENCE ON THE PART OF THE NYSC DOCTORS AND THE DELAY IN EFFECTING IFE’S TRANSFER TO AMINU KANO GENERAL HOSPITAL, CAUSED HER DEATH."

to the State Attorney-General for action. After all, Section 317 of the Criminal Code Act, 2004 provides that “A person who unlawfully kills another in such circumstances as not to constitute murder is guilty of manslaughter”. Section 325 of the same law provides a maximum punishment of life imprisonment for a person who commits manslaughter. Where a few medically negligent doctors are made examples of, and prosecuted to the fullest extent of the law, spending the rest of their lives behind bars, it will certainly make others more careful in the handling of patients. Doctors, who for example, are general practitioners, not oncologists, and do not have the training, expertise or know how to treat cancer patients, will stop doing so. Or Orthopadic Surgeons who acts as Gynaecologists and deliver babies regularly, just to make money, will also stop. Reasons for Medical Negligence Lack of Will to Take Action Against Erring Medical Practitioners I believe that one of the major reasons why medical negligence is very much on the rise in our society, is that those affected do not take affirmative action against medical offenders. Maybe its an African thing. You hear people saying “Amuwa Olorun ni” (“it is brought by God, the will of God”). Where in USA, a victim or their family sues regularly in the cases of medical negligence, it seems quite rare in Nigeria. Greed I once knew a doctor, here in Nigeria, I don’t know what exactly his field of specialisation in medicine is, but I know that apart from general practice, he treated a patient that I know for cancer, performing the actual surgery to remove the cancer and also handling the chemotherapy aspect. That process went well. A young lady, who had been married for a few years without a child, was not so lucky. She was told by the doctor that she had to have a laparoscopy (a minor surgery that uses a thin, lighted tube passed via an incision in the stomach, to look at abdominal organs or the female pelvic organs to find problems such as cysts, fibroids, infections, and adhesions) to determine what could be the cause of her inability to have a child. She died in CONTINUED ON PAGE 11

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DOCTORS IN NIGERIA: HEALERS OR KILLERS? an orthopaedic hip replacement surgery on her mother, which went bad. The poor woman was in excruciating pain for months and eventually had to be taken to India for another surgery. He performed another type of minor surgery on another friend, who had to go to USA to correct the surgery that he performed on her. He would probably still be in University now, if he had actually studied and specialised in all the different types of medicine that he practices here in Nigeria! You find doctors handling patients that they are not trained to handle, telling patients that they need to go on admission or worse still, have operations, when it is not necessary, simply to make money. This brings me to the next reason for medical negligence in Nigeria. Lack of Adequate Monitoring by Government and the Medical Council It seems that the Health Facility Monitoring and Accreditation Agency of the Ministry of Health needs to up its game. If this agency was actually doing any monitoring, how would one doctor be able to practice 100 different types of medicine, and badly too, and get away with it? When I raised the issue with the friend that introduced me to the Dr Of All Fields (who had an excellent bed-side manner, I might add), World War 3 almost broke out. Dr Of All Fields even had the audacity to write to me and insult me, warning me never to visit his clinic again! He had once treated me when I was bitten by a dog. He gave me all the nine injections, one tetanus and eight rabies, and in my case he did well. The Monitoring Agency should have branches all over Nigeria, and all hospitals and clinics should be visited from time to time, to ensure that standards are being maintained, check their records of death and so on. Working Conditions We all know that Drs in government hospitals are so poorly paid, it is laughable. They are forever going on strikes because even though their salaries are a pittance, government still doesn’t pay them timeously. What is the rationale behind, or the justification for paying a legislator who may not even have tertiary education, works only a few days a week, such an immorally high salary, while those who go to school for many years (probably the longest), save lives on a daily basis, work extremely long and tedious hours in very harsh conditions, are not only paid a pittance, but owed that same pittance? It hardens them. It makes them do their jobs half-heartedly, while the other half of the heart is thinking of how to make ends meet, instead of concentrating on the job. After all they too have families to cater for. As for those working in private hospitals that are better paid than the government ones, I’m not sure what their own excuse may be. Could be because of the fallen standard of education in Nigeria. Lack of adequate knowledge. Shortage of Manpower Also, there are not enough doctors to go round. Apparently in a population of about 160 million people in Nigeria, we have only about 40,000 doctors. Where the ratio is about 1 dr to about 242 patients in the UK for example, in Nigeria it's about 1 dr to 5,000. This certainly affects the quality of services rendered. They make many mistakes in assessments and diagnosis and administration of medication, especially injections. Just as the ratio of cases to a judge are too high, it is the same with that of patients to a doctor. Poor remuneration, lack of equipment, harsh working conditions and so on, have made so many Nigerian medical personnel to check out to greener pastures, where they are better appreciated. Carelessness My cousin told me that she was scheduled to have an operation in a private hospital in Lekki. She was told that her iron level was low and it needed to be boosted before the operation could be performed. She said that the most senior matron in the hospital was the one that gave her the injection. On her way out, the matron chased after her to tell her that she had administered

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Health Minister, Prof. Isaac Folorunso Adewole

the wrong dose of injection. Luckily, she had given her too little. Needless to say, my cousin decided to go and have the operation done in South Africa. That if such a mistake could have been made by a senior matron, she had no business having an operation in such an establishment. Cover Up There is no well established type of procedure and investigation when a death occurs in a hospital. Hardly, is there any investigation into the causes of the death and there are no measures subsequently implemented, to avoid the reoccurrences of such deaths. Standard of Education Is it just that the standard of education has dropped? In the old days, a certificate from UCH, Ibadan, was the equivalent of that of University College Hospital, London. Now, there is no longer any confidence in Nigerian medical training, so much so that doctors that are seeking opportunities abroad, now have to pass a series of exams in order to qualify for a job. With all the sex for marks offences by lecturers, incessant strike actions, broken down/non- existent facilities in the medical schools, to name but a few, its no surprise that we are churning out doctors that are not up to the task. Impunity We live in a society where people are not held accountable for their actions, doctors are no different. Lately there has been an outcry against the Judiciary and the Legal Profession, but the truth of the matter is that the medical profession too, may be no different. Some Reasons for Negligence Cited By Doctors Lack of Equipment I interviewed one or two doctors who have worked abroad. One of the reasons that they cited for medical negligence is lack of equipment in Nigeria. Medicine has moved away from the guess work type thing of the 1800’s. Its no longer about you have a temperature, you may have malaria or fever, or typhoid. There is a simple blood test that will tell you whether you have malaria or not in five minutes. There are diagnostic equipment like CAT Scan, MRI, and so on, but they are not so readily available here, and even when available, to do the tests can be very costly. Also the diagnostic machines that

are available in Nigeria are often outdated and antiquated. NEPA Lack of electricity is a big problem. People have died on the operating table, when electricity supply is cut during a procedure. Storage of medication and specimens which have to be preserved at certain temperatures is impossible. This same medication that has not been properly stored due to lack of electricity supply loses its efficacy and is now prescribed to unsuspecting patients. Private Hospitals have to spend so much on investing in alternative means of power supply like generators, inverters, solar etc. This is then reflected in the prices of treatment being offered to patients, as costs have to be covered. Why then, won't they tell you that you need an operation, when you don't? Integrity of Medical Personnel The doctors also cited the man power and ethics that goes through the medical value chain. One doctor said that where in USA, you would have no reason to question the result of for example, a laboratory test, here in Nigeria, you worry about the integrity of the people, to the point that you ask for a re-test, because you doubt the veracity of the test or whether the laboratory assistant actually carried out the test or took a bribe to change the result! NAFDAC The Doctors said that NAFDAC was also a big problem because they are not on top of their game in certifying medications. The doctors stated that where the more common medications like ampliclox and so on are easy to find in the market, less common, new and more efficacious drugs, are not available in the market, because they have not received NAFDAC certification. NAFDAC staff need to go on proper world approved courses on medication regularly, to know what is extinct and what is current. Sometimes, the drugs to treat patients for particular ailments are not available on the Nigerian market. Patients The doctors also said the patients themselves sometimes constituted an obstacle to their own treatment. They cited a lack of transparency as a big problem. Patients when asked whether they have

"WE LIVE IN A SOCIETY WHERE PEOPLE ARE NOT HELD ACCOUNTABLE FOR THEIR ACTIONS, DOCTORS ARE NO DIFFERENT. LATELY THERE HAS BEEN AN OUTCRY AGAINST THE JUDICIARY AND THE LEGAL PROFESSION, BUT THE TRUTH OF THE MATTER IS THAT THE MEDICAL PROFESSION TOO, MAY BE NO DIFFERENT" any conditions they are being treated for, would sometimes answer in the negative, even when they do. Patients were fond of visiting several doctors on the same medical issue, taking different medication prescribed by the different doctors, and not revealing anything about their previous treatment and medication history to the new doctor. They also said that, on the average, most Nigerians do not embrace western medicine, they also do traditional and Church, sometimes coming to the hospital as a last resort, when the ailment which could have been treatable, may have become too advanced to be treated. Some like the Jehovah’s Witnesses, refuse blood transfusions, even when it is life saving. The doctors suggested that there should be healthcare financing, just like government is doing agriculture financing for farmers. Also aggressive training in human resources and ethics. It is obvious that the problems in the Nigerian Health Care Sector are complex and numerous. They are also very connected with the negative trends that have pervaded our society, like corruption, drastic fall in the standard of education, lack of vision, bad prioritisation, mismanagement and so on. Our healthcare sector is in dire need of revamping. To this end, Government and all the stakeholders in the health sector, will need to get together to forge a way forward, to improve medical care in Nigeria. It is imperative that this is done as a matter of urgency.

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13.12.2016

The Late Fatayi-Williams, CJN: Fine Exemplary Jurist In the wake of the present happenings in the Judiciary, Abdulrasheed Ibrahim pays tribute to the late Chief Justice of Nigeria, Honourable Justice Atanda Fatayi-Williams, extolling his virtues, virtues which he believes must be imbibed by the Judiciary of today, if it is to redeem its much battered image

hen Hon. Justice Atanda Fatayi –Williams now of blessed memory was posted sometime in 1961 to the Benin Judicial Division as a judge of the High Court, one of the lawyers that frequently appeared before the late jurist was Mr. Ephraim Omorose Ibukun Akpata, also of blessed memory, who was eventually elevated to the bench and retired as a Justice of the Supreme Court of Nigeria. In those days there was serious political rivalry between members of NCNC- Otuedo and the Action Group (AG), which sometimes led to public disturbance and arraignment in court of those who were caught in the very act of breach of public peace. Chief Omo-Osagie who was then the President-General of the NCNC-Otuedo in the area, as well as the late Chief Festus Okotie-Eboh engaged and retained the legal services of Mr. Ephraim Akpata as the NCNC lawyer for the Ishan Division, and by this he was responsible for the defence of any member of the party charged to court for criminal offences on political ground. The late Chiefs Omo-Osagie and Okotie-Eboh being big and influential politicians during their time, on an occasion mounted pressure on their lawyer, Ephraim Akpata to arrange for them a courtesy visit to the Hon. Justice Fatayi- Williams. When Mr. Akpata tactically and reluctantly placed their request before the jurist, he retorted that it would be most improper, and that he should warn them not to dare the visit, as he did not want any politicians to come and see him. The late Justice Akpata later wrote about Justice Fatayi-Williams in his book titled : Justice For All and by All , that : “He was to me an ideal judge who was patient, dedicated, thorough, meticulous, hard working and with unflagging determination to do justice in any case before him. He was always punctual to court. He was in court at the dot of nine and sat for long hours. What made his sense of justice more remarkable was the pervading suspicion and rumour that preceded his assumption of office, that an Action Group Judge had been posted to the Judicial Division to deal firmly with NCNC trouble- makers. He kept to himself, and parleyed with neither Action Group nor NCNC top notchers in the area. I prepared my cases thoroughly whenever I was to appear before him.” These fine qualities found in the late Hon. Justice Atanda Fatayi- Williams are the real qualities of a good judge, which all our judicial officers must imbibe. Any judicial officer who opens his door indiscriminately to all sorts of people, particularly the unscrupulous politicians without just cause may be inviting problems for himself. A great lesson must be learnt by lawyers and judges, from many of the recent developments wherein judges involved in election tribunal were given red cards and sent packing from the judiciary, for having private phone conversations with one of the lawyers to the party whose petition was still pending before the tribunal. The senior lawyer involved also did not escape being sanctioned and ironically while the lawyer and judges affected were licking their wounds, the politicians of the parties that prompted the election petitions eventually became friends, as one cross-carpeted from his own political party to the other’s party. There was another incident in which a senior justice of the Court of Appeal was sent packing for playing host to a politician in his residence, wherein a monetary demand was made in Millions of Naira, with the view to perverting the cause of justice in an election petition. If the said justice had learnt from history and the good example of Hon. Justice Atanda Fatayi-Williams as related above, on how not to play host to the politicians, perhaps the story of the fallen justice would have been different today. But since we live in a country where many people have refused to learn from history, those people usually end up on the negative side of history. For the benefit of those who do not know Hon. Justice Atanda Fatayi –Williams, the late jurist was the 5th Chief Justice of the Supreme Court of Nigeria. He attended the Trinity Hall of the University of Cambridge, England from 1943 to 1947. He was called to the English Bar in 1948 and immediately returned Nigeria to commence private law practice in Lagos until 1950, when he accepted appointment as a Crown Counsel in the then Civil Service. He became the Chief Registrar of the High Court of Western Nigeria from 1958 to 1960, from where he was elevated to the bench as a Judge of that same court from 1960 to 1967. He became a Justice of the Western

The late Honourable Justice Atanda Fatayi-Williams, CFR, GCON

State Court of Appeal from 1967 to 1969. At a time he acted as the President of that court. In 1969, he was elevated to Justice of the Supreme Court and eventually became the Chief Justice of Nigeria in 1979, retiring from that position on October 22nd,1983. The era of Justice Fatayi-Williams at the apex court witnessed a lot of case authorities bordering on the interpretation of the 1979 Constitution of the Federal Republic of Nigeria, as it came into force under his leadership at the Supreme Court. Notably among these cases was the case of SENATOR ABRAHAM ADESANYA v PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA (1981) 2 NCLR Page 358 which has become Locus Classicus on the issue of Locus Standi. The case was presided over by Hon. Justice Atanda Fatayi-Williams, while other members of the panel included Justices Sodeinde Sowemimo, Muhammed Bello, Chukwunweike Idigbe, Andrew Otutu Obaseki, Augustine Nnamani and Muhammadu Lawal Uwais. According to Chief Gani Fawehinmi in his analysis of the case, the view expressed by Justice Fatayi-Williams in the case, was a radicalist view; that the likes of Justices Bello, Idigbe, Nnamani and Uwais expressed strict constructionist views; while Obaseki expressed a liberal view; Sowemimo sandwiched between strict constructionist view and that of the liberal view. Chief Fawehinmi of blessed memory then concluded that “The radicalist view enunciated by the distinguished Chief Justice of Nigeria, Hon. Mr. Justice Atanda Fatayi-Williams is that any Nigerian or non Nigerian resident in Nigeria or who is subject to the laws in force in Nigeria, has a civil right and obligation to ensure the observance of the Constitution and if there is an infraction or breach of the constitution by anybody or group of persons, such Nigerian and non-Nigerian has a locus standi to

"THESE FINE QUALITIES FOUND IN THE LATE HON. JUSTICE ATANDA FATAYIWILLIAMS ARE THE REAL QUALITIES OF A GOOD JUDGE, WHICH ALL OUR JUDICIAL OFFICERS MUST IMBIBE. ANY JUDICIAL OFFICER WHO OPENS HIS DOOR INDISCRIMINATELY TO ALL SORTS OF PEOPLE, PARTICULARLY THE UNSCRUPULOUS POLITICIANS WITHOUT JUST CAUSE MAY BE INVITING PROBLEMS FOR HIMSELF"

sue and the court owes him a constitutional duty to hear him.... Undoubtedly the radicalist view will meet the justice of the Nigerian situation operating a totally new constitution". In the said case, Justice Fatayi- Williams strongly observed that : “I take significant cognisance of the fact that Nigeria is a developing country with a multi-ethnic society and a written federal constitution, where rumour- mongering is the pastime of the market places and the construction sites. To deny any member of such a society who is aware or believes, or is led to believe, that there has been an infraction of any of the provisions of our constitution, or that any law passed by our legislature, whether federal or state is unconstitutional, access to a court of law to air his grievance on the flimsy excuse of lack of sufficient interest, is to provide a ready recipe for organised disenchantment with the judicial process. In the Nigerian context, it is better to allow a party to go to court and to be heard, than to refuse him access to our courts. Non-access, to my mind, will stimulate the free-for-all in the media as to which law is constitutional and which is not. In any case, our courts have inherent power to deal with vexatious litigants or frivolous claims. To re-echo the words of learned Hand, ‘If we are to keep our democracy’, there must be one commandment, thou shall not ration justice.” In the case of LEMONU v ALLI- BALOGUN (1975 ) 3 SC 87 at page 103, the late jurist emphasised the need for the court to be just and fair to all the parties before it when he said: “To dismiss the objection of counsel on the ground that ‘the ends of justice will be defeated’ is to overlook the more important aspect of the matter which is that both sides are entitled to justice. A situation which allowed the plaintiffs to be completely taken by surprise and which denied them the opportunity of investigating, explaining, or rebutting, if necessary, the serious allegations made by the defendants in the particulars given in evidence, cannot by any stretch of imagination be regarded as just and fair to the plaintiffs”. Also in the case of Yesufu Vs. African Continental Bank (1976) 4 SC 1 at pages 16-17, this great legal luminary talked about the mysteries of computer when he said: “The law cannot be and is not ignorant of modern business methods and must not shut its eyes to the mysteries of computer”. We must always bear it in our mind that every human being will become history and the decision whether to be a negative or positive history is left to the individual. Hon. Justice Atanda Fatayi- Williams during his life and times lived an exemplary life, before he passed on to the great beyond on 9th April 2002 at the age of 83. Hon. Justice Muhammadu Lawal Uwais , a former Chief Justice of Nigeria who worked closely with the late jurist at the Supreme Court had this to say about him: "From the moment he retired from service, he kept his distance from the courts. He would not comment publicly or to the press on current affairs which concerned the administration of justice in Nigeria. He did all this in order that he might not be seen as interfering with the work of those who succeeded him in office as Chief Justice of Nigeria”. Can there be fine exemplary jurist other than this great legal luminary? All members of the Bar and the Bench will do well to learn from this great hero of legal profession in Nigeria. His lordship was a friend and source of inspiration to many practitioners of law, his boyhood friend, Chief Rotimi Williams SAN of blessed memory once had this to say about Justice Fatayi-Williams: “I count myself as one of those most closely associated with the late former Chief Justice Atanda Fatayi- Williams at every important phase of his life. As the late Chief Justice himself testified in his Memoires, titled FACES, CASES and PLACES, we have known each other from boyhood days. Let me add that in that book the late Chief Justice credited me with the most glittering and generous encomiums that any person can attribute to a friend. Simultaneously, in the same book, he also gave me one of the most glowing commendations that I ever received from judges before whom I appeared in a court of law. I have had to say these things in order to convey to this gathering some idea of the depth of my sorrow and regret to his demise...” Another law living legend, Alhaji Femi Okunnu, SAN who served as the Commissioner for Works under General Yakubu Gowon described the late jurist as his “Counsel, Confidant, Big Brother and friend”. The services of the late Hon. Justice Atanda Fatayi-Williams to his fatherland was not without recognition as he was conferred with the award of Commander of the Order of the Federal Republic (CFR) in 1980 while in 1983 he became the Grand Commander of the Order of the Niger (GCON). May the soul of Hon. Justice Atanda Fatayi-Williams continue to rest in peace! Abdulrasheed Ibrahim, former Publicity Secretary, NBA Lagos Branch

13.12.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR Questions About Lawyers

Q: How many lawyer jokes are there? A: Only three. The rest are true stories. Q: What's wrong with lawyer jokes? A: Lawyers don't think they're funny and other people don't think they're jokes. Q: What do you call 25 skydiving lawyers? A: Skeet. Q: What do you call a lawyer gone bad? A: Senator. Q: What’s the difference between a lawyer and an onion? A: You cry when you cut up an onion.

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

Dear Counsel, Your advice is urgently required on this issue. My wife has been engaged in trading in Senegalese fabrics for the past two years, and business has been good for her. She, along with other women who are friends, go to Dakar, Senegal, to buy these fabrics, which they come back to sell in Lagos. Recently, they got more organised and started taking turns to travel. On a trip, a group of about four or five women may travel and bring goods at a pre-agreed sum for each of the other. They are a total of 17 women in the group. Last weekend my wife confided in me that her friend who introduced her into the business, suggested at one of their meetings, that they invite a powerful juju man from Kogi State to administer an oath on all the 17 members of the group. When I asked her why, she said their leader said that it is the only way they can they can guard against any member of the group running off with the others’ money, when it’s their turn to travel to Dakar. My wife later found out that she had plans of using the group to do other unlawful businesses, and she wanted to administer the oath, to make sure no member would talk if caught/arrested. Of course, as a Christian, my wife strongly

objected to this oath- taking, but their leader later called her and threatened that, if she doesn’t partake in the oath-taking she would not only be suspended from having any dealings with the group, she would ensure she was set-up at the airport and would get her into trouble. Can one obnoxious and unscrupulous person, force her fetish will on a whole group of law abiding business associates? Please advice. E. O., Ikoyi. Dear Mr. E.O., Your wife did well not to have consented to partake in such oath-taking. It is not only fetish, it is unlawful to administer such oaths. Chapter 6 of the Criminal Code Law of Lagos State, 2011 strongly prohibits this. Section 36(1) (a-e) provides specifically against this and a breach of this law attracts a 7 year prison term. If your wife or any other member of the group, has however taken the oath, they should report to the police immediately. Section 37 of the law protects them, if they make such a report within 14 days of taking such an oath. Please, encourage her and other members of the group to be bold in filing a report with the police, before they get into trouble.

Q: What do you call a lawyer with an IQ of 70? A: Your honor. Q: What do you throw to a drowning lawyer? A: His partners. Q: How can you tell when a lawyer is lying? A: His lips are moving. Q: What do you have if three lawyers are buried up to their necks in cement? A: Not enough cement. Q: What's the difference between a lawyer and a vulture? A: The lawyer gets frequent flyer miles. Q: What do you get when you cross a bad politician with a crooked lawyer? A: Chelsea Clinton Q: If you have a bad lawyer, why not get a new one? A: Changing lawyers is like moving to a different deck chair on the Titanic. Q: How does an attorney sleep? A: First he lies on one side and then on the other. Q: What’s the difference between a shame and a pity? A: If a busload of lawyers goes over a cliff, and there are no survivors, that’s known as a pity. If there were any empty seats, that’s a shame. Q: What's the difference between a lawyer and a leech? A: When you die, a leech will stop sucking your blood and drop off. Q: How do you get a group of lawyers to smile for a photo? A: Just say, "Fees!" Q: How many lawyers does it take to change a lightbulb? A: Three. One to climb the ladder. One to shake it. And one to sue the ladder company.

Foreign News Akinwale Akintunde On Monday, December 5, 2016, Britain’s Supreme Court started to hear a historic case on whether Parliament’s consent is required to trigger Article 50, the process of negotiating Britain’s exit from the European Union.

Brexit Case Last month, three senior Judges of the High Court had ruled that the British PM, Theresa May, lacked the executive power to trigger Article 50 of the Lisbon Treaty, to start the two-year process of negotiating Brexit, without prior authority of Parliament. British Government had planned to trigger Article 50 by the end of March, 2017.

For the first time ever, all eleven Supreme Court Justices constituted the panel to hear the appeal. After a four-day hearing, the Supreme Court verdict is expected in January, 2017. Britain had voted in a referendum on June 23, 2016, to leave the European Union by a margin of 51.9% for Brexit and 48.1% for Bremain.

Sepp Blatter Loses Appeal Against Football Ban Akinwale Akintunde

Court of Arbitration for Sports (CAS) has upheld Sepp Blatter’s six-year ban from all football activities at national and international levels, from October 8, 2015 and the payment of a fine of Fifty Thousand Swiss Franks.

Former FIFA boss, Blatter’s appeal was dismissed. The decision rendered by FIFA’s Appeals Committee in February, 2016 remains in force, and the reasons expressed in this decision were very similar to the ones given in the Platini award.

The Panel found that Mr Blatter breached the Code of Ethics by approving a payment of Two Million Swiss Franks in favour of Michel Platini outside any contractual basis, and awarding contributions to Michel Platini under the FIFA executive Committee Retirement Scheme.

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13.12.2016

Export Sale Contracts: Keeping An Eye On Essentials As no country is self-sufficient, there has always been the need for international trade, that is, exports and imports between nations. Titilade Adelekun, in her article, highlights the export contracting process, emphasising on the necessary legal safeguards to prospective exporters

nternational trade involves the exchange of goods and services across borders, essentially import and export transactions. It is premised on the reality that no country is self-sufficient, and countries respectively have comparative advantages on production and supply of different goods and services. Exportation of goods helps a country earn Foreign Exchange (FX), which can be used to finance future transactions and shore up its foreign reserves. The downturn in oil prices coupled with the reduced crude production (due to incessant militant attacks) in the Niger Delta region, has led to lower revenues for the government which has impacted negatively on the economy. Consequently, the case for diversification of the economy from its over dependence on oil cannot be more strident at this time, and increased focus on the export space is now compelling, given historic half- hearted attempts at export promotion. Nigerian Export Promotion Council (NEPC), the agency charged with facilitating non–oil exports and providing liaison support to exporters and intending exporters, would seem to have its job cut out for it. It is very important to understand the key legal and regulatory issues around the export contracting process. Exportation of goods involves elements of procurement or production of the export product, processing (if applicable), the logistics of the export itself and finance- each with their contracts/ documentation- which needs to be drafted, reviewed and negotiated. This is in order to canvass the duties and obligations of the parties to the export business. Export Sale Contracts (ESC): The Essentials Export transactions have variant legal issues arising from the formation, provisions and enforcement of contracts. In recognition of these realities and of the basic importance of an orderly ESC, it is key to take note of certain safeguard provisions that every ESC should contain. These elements include: a) Transfer of Interest: Goods in transit are exposed to all kinds of risks, such as, physical damage or loss, deterioration, act of God etc. Therefore, ascertaining the party who bears the risk and at what time the risk burden passes, is essential. The property in goods are transferred to the buyer at such time as the parties to the contract intend, provided the goods are not unascertainedsections 16 & 17 Sales of Goods Act 1893. In EMAPHIL LTD v ODILI [1989] 4 NWLR (Pt. 67), 919 the Court while emphasising the sanctity of contract held that “...property and risk were intended to pass to the respondent on delivery of goods, it follows that until goods are delivered the property and risk rested with the appellants.” In order to determine when property in goods are transferred (without second guesses), parties sometimes choose from any of the favourable international trade terms (Incoterms 1990) published by the International Chamber of Commerce (ICC) and commonly used in both international and domestic trade contracts. The most commonly used are Free on Board (FOB), Cost Insurance and Freight (CIF), Cost and Freight (CF) and Ex Works (EXW). These Incoterms are favourable to an exporter (depending on the type of goods and cargo used), because the responsibility of all costs

and charges are mutually shared between the parties. This clause is important because the risk bearing responsibilities are clear and understood before shipment. b) Payment Terms: Most exporters are at risk of buyers failing to pay, because they cannot guarantee the credit worthiness of buyers. Also, the buyers, in most cases, are not willing to part with cash until assured of delivery of the goods. There are various advance mode of payments in protecting an exporter such as Letters of Credit (LC), advance payments, bankers’ acceptance, medium-term capital goods financing, countertrade etc. The most commonly used and secure method is the LC- it involves a letter of guarantee from the buyers’ foreign bank guaranteeing payment to an exporter provided the goods meet the terms, conditions and standards stated in the LC. In Malas (Hamzeh) & Sons v. British Imex Industries Ltd [1958] 2QB 127, Lord Justice Jenkins held that “...an elaborate commercial system had been built up on the footing that a confirmed letter of credit constituted a bargain between the banker and the vendor of the goods, which imposed upon the banker an absolute obligation to pay, irrespective of any dispute there might be between the parties whether or not the goods were up to contract.” It therefore becomes evident that LC's guarantees payment of an exporter and eliminates risk of dealing with an unknown buyer. In addition to the foregoing, it is paramount that all exporters open a domiciliary account with a bank in Nigeria where all proceeds will be paid as directed by the NEPC’s Non-Oil Export

Guidelines. c) Pricing and Foreign Exchange Risk: Export invoices are usually made in foreign currency, and as an effect exporters are exposed to exchange rate fluctuations leaving them with a lesser currency value and vice versa. For instance, the frequent fluctuations in the value of the Naira to foreign currencies has left unprotected traders with a lesser amount than expected. Thus, it is advisable that exporters price the goods in FX equivalent of the Naira in order to edge against any currency fluctuation. This is because FX is relatively stable compared to the Naira, which can be affected by devaluation. d) Insurance Cover: Exportation of goods are prone to a lot of unforeseen circumstances, such as damages, delay, loss in transit, currency fluctuations, political or economic instability in the buyer’s or seller’s country. Insurance therefore seeks to protect these risks all at once. It is therefore crucial that parties agree on the need for insurance, which is covered under a marine insurance. The seller can agree to joint payment or by a party, or be governed by an Incoterm also covering that aspect of insurance. The end result is that the assured becomes entitled to payments upon the occurrence of the event insured against. This clause seeks to ensure that goods are protected and all fears of risk are put to rest. e) Intellectual Property Right (IPR) Protection: IPR protection is very vital to exporters with protectable assets, because these rights are territorial- which means that IPR within a country are independent of any

"THE DOWNTURN IN OIL PRICES COUPLED WITH THE REDUCED CRUDE PRODUCTION (DUE TO INCESSANT MILITANT ATTACKS) IN THE NIGER DELTA REGION, HAS LED TO LOWER REVENUES FOR THE GOVERNMENT WHICH HAS IMPACTED NEGATIVELY ON THE ECONOMY. CONSEQUENTLY, THE CASE FOR DIVERSIFICATION OF THE ECONOMY FROM ITS OVER DEPENDENCE ON OIL CANNOT BE MORE STRIDENT AT THIS TIME, AND INCREASED FOCUS ON THE EXPORT SPACE IS NOW COMPELLING, GIVEN HISTORIC HALF- HEARTED ATTEMPTS AT EXPORT PROMOTION

such rights existing in other countries. Thus exporters should ensure that their IPRs are registered in the export destination to prevent infringement. Section 19(1) of the Patents and Designs Act 1971 provides that “Registration of an industrial design confers upon the registered owner the right to preclude any other person from reproducing, importing, selling or holding such a product or utilising for commercial purposes.” Accordingly IPR prevents third Parties from, reproducing exporting, importing, selling, copying etc. without the permission of the exporter. In addition, in ZENECA LTD v JAGAL PHARMA LTD [2007] ALL FWLR (Pt. 387), 954, per Galinje J.C.A held that “A trade mark, when registered, will entitle the proprietor to sue or institute an action for any infringement of the trade mark. Registration entitles the proprietor to the exclusive use of the trade mark and also right to sue for passing off the goods of the proprietor.” Registration also gives the exporter the advantage in pricing, marketing, accessing new markets (through licensing, franchising etc.) and strengthening its position in the export market. f) Governing/Applicable Law: The need for an applicable law in an ESC is essential because parties are from different territories/ jurisdictions and the contents and effects of each country’s laws may apply differently. This means that, in the event of a dispute, the terms of the contract become important and any battle on the applicable law to the contract is avoided. It is therefore imperative that parties agree on the governing law of their contract. If parties cannot agree on using either country’s laws, a neutral law commonly used in both countries can be chosen, English Law is a popular example. g) Dispute Settlement: Most disputes in the international trade arise due to the quality of the goods, delayed shipment or non-shipment etc. and these disputes are majorly settled through Alternative Dispute Resolution (ADR) (Arbitration, Mediation, Negotiation etc.) or litigation. This clause affords an exporter the opportunity to decide on how best to resolve disputes. In BELUONWU v O.K. ISOKARIAI & SONS [1994] 7 NWLR (Pt 358), 593, the Court in emphasising the importance of an ADR clause in contracts held that “Where there is a provision in a contract for reference of dispute to arbitration the High Court has power to stay proceedings pending reference to arbitration.” ADR is the most efficient, because it is quick, less time consuming, exposes the real reason rather than the ostensible reason for the disagreement, and offers prospects of continuance of the relationship. Exporters are therefore urged to include an ADR clause in ESCs for the most efficient means of settling their dispute. Conclusion In dealing with ESCs, standard form contracts can also be used, but it is advisable that a lawyer peruses such contracts, to ensure they are fit for purpose (are bespoke), guarantee fairness and clear expression of the parties’ intentions. All contracts must also be precise, comprehensive and executed properly by parties. Overall, an ESC seeks to assure measurable results and maximum protection, all at once. Getting this right could serve as a starting point in achieving Nigeria’s diversification goal for gaining economic momentum. Titilade Adelekun, Commercial Lawyer, LeLaw Barristers & Solicitors, Lagos

13.12.2016

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INSIGHT ABUBAKAR D. SANI

x14sure@yahoo.com

Laws, Law Enforcement Agents and Breach of Right to Silence

Introduction

he fundamental right to silence/privilege against self– incrimination guaranteed under Sections 35(2) and 36(11) of the 1999 Constitution of the Federal Republic of Nigeria is violated by several statutory provisions, including those listed herein: i. Sections 180(b),(g) & 183 (a) of the Evidence Act 2011; ii. Section 35(3)(a),(c) & (d) of the National Drug Law Enforcement Agency Act. iii. Sections 27(1) & 27(3)(c) of the Economic and Financial Crimes Commission Act 2004; and iv. Section 28(1) & (10) of the Corrupt Practices and other Related Offences Act 2000. This is because, they all compel suspects/persons to make statements to such law enforcement agencies as the ICPC, EFCC, NDLEA, during investigations conducted by such agencies and, in the case of the Evidence Act, it permits the court to compel an accused person to give evidence at his trial. I shall presently review them, starting with the Evidence Act, 2011. Evidence Act, 2011 -Sections 180(b), (g) & 183(a) of the Act prescribe certain circumstances under which an accused person may be compelled to give evidence at his trial. They provide as follows: - Section 180(b): "Every person charged with an offence shall be a competent witness for the defence at every stage of the proceedings whether the person so charged is charged solely or jointly with any other person: provided that a person charged and being a witness in pursuance of this Section may be asked any question in cross-examination notwithstanding that it would tend to incriminate him as to the offence charged”. - Section 180(g): “A person charged and called as a witness in pursuance of this Section shall not be asked and if asked, shall not be required to answer any question tending to show that he has committed or been convicted of or been charged with any offence other than that which he is then charged, or is of bad character unless: i. the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence with which he is then charged; ii. he has personally or by his legal practitioner asked questions of the witnesses for the prosecution with a view to establishing his own good character or has given evidence of his good character or the nature or conduct of the defence is such as to involve imputations on the prosecutor or the witnesses for the prosecution; or iii. he has given evidence against any other person charged with the same offence". - Section 183(a) : "A person charged with an offence and being a witness in pursuance of Section 180 may be asked and is bound to answer any question in cross- examination notwithstanding that it would tend to incriminate him as to the offence charged" The foregoing provisions are inconsistent with the right to fair hearing guaranteed by Section 36(11) of the 1999 Constitution which provides that: "No person who is tried for a criminal

- Section 27(3)(c): "Any person who fails, neglects or refuses to make a declaration or furnishes any information required in the Declaration of Assets Form, commits an offence under this Act and is liable on conviction to imprisonment for a term of not exceeding five years" Each of these provisions is inconsistent with Section 35(2) of the 1999 Constitution, as aforesaid.

offence shall be compelled to give evidence at the trial". By offering to testify in his defence and giving his evidence-in-chief, an accused person does not ipso facto, waive or be deemed to have waived his fundamental right not to be compelled to give evidence, even if it is under cross-examination. In other words, the mere fact that an accused person has freely given evidence-in-chief, does not mean that he can be compelled, subsequently under cross-examination, to answer any question, as the provision of Sections 180(b),(g) & 183(a) of the Evidence Act prescribe. This is because the trial of an accused person does not end, until the rendering or delivery of a verdict: OYEDIRAN v REPUBLIC (1967) NMLR 122 at 125; this, obviously includes when the accused is under cross- examination. It is trite that the constitutional right of fair hearing cannot be compromised, waived or lost by consent: ENIGWE v AKAIGWE (1992)2 NWLR pt. 225 pg 505 at 535, per Nnaemeka-Agu, JSC. National Drug Law Enforcement Agency Act Section 35(3)(a), (c) and (d) of this Act provides that: "Any person whoa) knowingly fails to make full disclosure of his assets and liabilities or c) fails to answer any questions or d) fails, neglects or refuses to make a declaration or furnish any information required in the Assets Declaration Form shall be guilty of an offence under this Act and liable on conviction to imprisonment for a term of ten years" This provision evidently violates Section 35(2) of the 1999 Constitution which provides that: "any person arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his choice." This provision not only covers the "Miranda Warning ", that is, the right of silence, which is issued by the arresting officer to an accused person when an

arrest is being effected, it extends to interrogation. It is therefore strange, that most of the time, during interrogation, law enforcement agents use all sorts of means to extract information from the accused person. In some cases, the legal representative of the accused person is asked by law enforcement agents to step out of the room, when clearly, the afore-mentioned provision of the constitution permits consultation, especially in order to enforce the right of an accused person against self- incrimination. Even the police are sometimes guilty of this, and many have even gone as far as levelling allegations of torture and other underhand means, to secure confessions, against them. Economic and Financial Crimes Commission Act, 2004 Sections 27(1) & 27(3)(c) of the EFCC Act provide as follows, respectively: - Section 27(1 ): "Where a person is arrested for committing an offence under this Act, such shall make a full disclosure of all his asset and properties by completing the Declaration of Assets Form as specified in Form A of the Schedule to this Act".

"IT IS ALWAYS DISTURBING TO DISCOVER ANY ANOMALY BETWEEN A STATUTE/PRACTICE AND THE CONSTITUTION; IT IS WORSE IF SUCH ANOMALY AFFECTS A FUNDAMENTAL RIGHT OR CIVIL LIBERTY, SUCH AS THE RIGHT OF SILENCE OR PRIVILEGE AGAINST SELF-INCRIMINATION HIGHLIGHTED ABOVE"

Corrupt Practices And Other Related Offences Act, 2000 Section 28(1) & (10) of this Act provide as follows: - Section 28(1): "An officer of this commission investigating an offence under this Act may:- a. order any person to attend before him for the purpose of being examined in relation to any matter which may, in his opinion, assist in the investigation of the offence; c. by written notice require any person to furnish a statement in writing made under oath or affirmation setting out therein all such information required under the notice, being information which, in such officer’s opinion, would be of assistance in the investigation of the offence". - Section 28(10): "Any person who contravenes this Section shall be guilty of an offence punishable with a term of imprisonment not exceeding 3 months" Conclusion - (i) Sections 180(b), (g) & 183(a) of the Evidence Act are inconsistent with the fundamental right of silence/privilege against self-incrimination guaranteed under Section 36(11) of the 1999 Constitution. See OGUNSANYA v THE STATE (20100 14 NWLR pt. 1213 pg. 349 at 362H, where it was held that a court of record cannot compel an accused person to testify or call a witness to testify in his defence and AHMED v NIGERIAN ARMY (2011) INWLR pt. 1227 pg. 89 at 1186, where it was held that an accused person has the constitutional right to remain silent and leave the trial to the prosecution to prove the charge against him. This is because the citizen’s right to remain silent even when arraigned for a criminal offence is an inviolable one. (ii) Sections 27(1 ) & 27(3)(c) of the EFCC Act, Section 35(3)(a), (c)&(d) of the NDLEA Act and Section 28(1) & (10) of the Corrupt Practices and other Related Offences Act are inconsistent with the fundamental right to liberty under Section 35(2) of the 1999 Constitution. See UTTEH v THE STATE (1992) 2 NWLR pt 223 pg. 253 @ 274G & GIRA v THE STATE (1996) 4 NWLR pt. 443 pg. 375 @ 386D, where the Supreme Court held that an accused person is, under our Constitution, entitled to remain silent either during investigation or when he is being tried in Court. (iii) It is always disturbing to discover any anomaly between a statute/practice and the Constitution; it is worse if such anomaly affects a fundamental right or civil liberty, such as the right of silence or privilege against self- incrimination highlighted above. Given the entrenched principle of constitutional supremacy in our jurisprudence, it is obvious that the aforesaid provisions of the Evidence Act, the ICPC Act, the NDLEA Act and the EFCC Act need to be urgently reviewed, lest we end up with a worse evil by continuing to apply their otherwise salutary, well-intentioned, but - unfortunately – invalid provisions.

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13.12.2016

Dear Editor

Re: Happy Weekend,....Nice Day!

Dear Editor, First of all let me state my personal belief that Nigerians generally DON'T want any solution to corruption. The corruption that has overrun Nigerian society is rooted in colonialism. The British theft of the entire Nigerian area and its resources from the various native tribes, was an act of corruption. It was successful via the use of MILITARY FORCE and RELIGIOUS CONVERSION. The entire system of things called NIGERIA is based on that act of corruption. What the people of Nigeria have been doing is IMITATING the British act of corruption, in the hope of reaping the same level of reward that accrued to the British. I've often posed the challenge to Nigerians - HOW did you become a Christian? Why did your father or grandfather convert from their tribal religion to Christianity? The basic reason is this: most converted in order to be able to PARTICIPATE in the British system and become part of government, and thereby reap the REWARDS of British corruption. The same is true for the Muslims in the North, though the mechanism is a bit

more complicated. Given this basis, we all must know that African Christianity is FAKE, a fraud of convenience. Once you acknowledge or realise this BASIC fact, the solutions to Nigerian and African corruption are very easy. 1. Do away with Islam & Christianity and enshrine that prejudice in LAW. Not in the draconian way that you might think, but using the same incentive driven approach that forced our forbears to convert in the first place. For instance, you can't work for the Federal Government, if you don't practice a pre-colonial, tribal religion. Or if you have a non African name. Goodluck Jonathan had no place being the President of an African country. Think about it. If all government officials are made to take oath of office at their village shrine, we all know there will be much less official corruption. Everyone will deny this as a matter of convenience, but we all know it's true. 2. It gets easier from the above. Next step - PRIVATISE EVERYTHING POSSIBLE. Madam, I will presume you were an adult back when NITEL was a government monopoly that con-

trolled and regulated the telecoms sector. It was rife with corruption. The OFFICIAL price of a phone line back in 1994 was maybe N5,000, yet to actually get one installed, you had to pay a bribe of N30,000. I know because I was solicited for that amount, when I attempted to get a phone line. Today, there's no corruption in telecoms. The reason is simple - no government involvement. I could give so many examples. I left Nigeria in 1995. I had to pay a N1000 bribe to get a confirmed seat on the flight. I've had to pay N150,000 to get a relative admitted to Imo State University. Years ago, I paid to get a family friend admitted to an engineering program at UNN. I don't know why it is news to you that people pay bribes for admission. None of this happens at private institutions or corporations. If it does, it's definitely less blatant and less of a public burden. Privatise everything, including hospitals, schools, major roads, NIPOST, NTA, sports, the whole lot. And watch an economic miracle unfold and see corruption reduced to negligible levels.

3. Restructure Nigeria. This is actually an EXTRA step since privatisation and deregulation will drastically reduce corruption, but PRIVATISATION shouldn't be forced on any people that don't want it. So grant every tribe autonomy or if they wish, independence so they can run their lives as they wish. A lot of corruption in public office under the present Unitary structure has to do with COMPETITIVE & EXPLOITATIVE tribal patronage, people just want to use Federal ownership of resources to ROB other tribes and appropriate their wealth, just like the British did. There's no guarantee that Bayelsa or Ogoni will be the richest states, just because they have abundant crude oil. 4. The ultimate solution is to LEAVE THE COUNTRY if you can. Personal secession. I'm glad that I left. I know that none of the solutions will be acceptable to most Nigerians, even though they know that this is what is required. This is because Nigerians have embraced and acculturated the colonial corruption that Nigeria was built on. Good luck to you all. Obugi Ahamadu

Dear Ikepo, Brilliant article, as usual. It seems that a (if not the) major component of governance has been missing in Nigeria for a long time. That essential, God-ordained ingredient is VISION. Without a vision, any human enterprise will flounder eventually, even with admirable integrity and best of intents. Vision is the source and also the nexus of any outcome likely to satisfy the majority (if not entirety), of noble and basic human desires. No matter how noble a goal sounds (do I hear “Change!”?), if it does not serve a greater vision, it is not likely that the goal will be attained. What is a vision? Simply put, in this context, it is the very clear, structured and imaginative concept of desired and collective ends or goals. The attainment of the goals/ objectives of a vision requires a

strategy which will dictate and “colour” every component, activity, means, thoughts, etc, needed to actualise the vision. Vision and purpose enable laws, governmental and other activities to proceed in an integrated and coordinated lock-step manner, and not in the ad hoc and disconnected way we witness today, again even with the best of intent and integrity of those involved. A vision is itself born out of a philosophy underpinning the collective or, in our case, the nation. Lee Kuan Yew’s many and much vaunted achievements in and for Singapore, were all based on a vision which he clearly elucidates in his book “From Grass to Grace...”. The successes did not happen by accident or happenstance. National prayer sessions were not publicised as being held. God’s grace (essential as it is), was not inserted

as a possible escape clause in the speeches of those in government. They were ideated, designed, interrogated and assertively effected to happen. The Singaporean fight against corruption was better fought, because corruption and other societal ills were perceived by the majority to be impediments to attaining desired goals, and not just the causes of peoples’ impoverishment by past governments. In light of the foregoing, can “Change” be a vision? Can the war against corruption be a vision? Certainly not! At best they are ideals and directional tactical goals, which must serve a greater purpose in order to be understood, respected, effectively embraced and enforced. Any wonder why some of us are discouraged more and more as each day passes, that what we desired may not likely

come to pass, at the rate at which we are going? There is no known integrated socio- economic vision. No known underpinning national philosophy. No known chronological road-map. A manifesto is not a vision, we have now found out. The question is: how do we collectively forge a vision for Nigeria? A vision which will determine who is fit for purpose during electoral decision-making? A vision that will empower, guide and direct existing law making enforcement organs or agencies and personnel? A vision that will give meaning to any “Change” mantra and other noble sound-bites? To paraphrase a statement often appended to the conclusion of many research articles, “further discourse will be required”. Best Regards, Bababode Osunkoya

T H I S D AY TUESDAY DECEMBER 13, 2016

TUESDAY DECEMBER 13, 2016 T H I S D AY

T H I S D AY TUESDAY DECEMBER 13, 2016

T H I S D AY • TUESDAY, DECEMBER 13, 2016

PROPERTY & ENVIRONMENT Lagos, Investors Partner to Execute N85bn Waste Management Programme Lagos State Government is embarking on an ambitious waste management system to be funded by private investors to the tune of N85 billion over a five-year period. Bennett Oghifo reports

Lagos intends to build a sanitary landfill site

he plan is titled, ‘Cleaner Lagos Initiative’, which is a programmed conceived for proper environmental governance of the state. According to Lagos State Commissioner for the Environment, Dr. Babatunde Adejare, who presented the initiative at a press briefing hosted at Alausa, recently, by the Lagos State Commissioner for Information and Strategy, Mr. Steve Ayorinde, “It has become imperative for Lagos State to address the growing concerns of waste management in the State, hence the significance of the Cleaner Lagos Initiative is a step in the right direction for Lagos State.” Adejare, who had with him the Permanent Secretary of the ministry, Mr. Adeyemi Saliu, and other directors, said the benefits of the initiative include; creation of over 30,000 direct and indirect jobs; provision of engineered sanitary landfills; efficient and regular collection of residential, commercial and industrial waste; and proper sanitary disposal of hazardous waste. The project would be investor-driven because it was capital intensive, he said and that the government would only operate at the policy level and to ensure that the investors recouped their money over a long period of time. To enable them do this, Lagos households would pay levies, which, he said would be the same amount currently being paid to private sector operators (PSP) for the evacuation of their waste.

Adejare insisted that the levy, which would be centrally collected, was not the same as tax and that the government would use 50 per cent of the collection for waste management, while the remainder would be put into an Environment Trust Fund from where the various players and investors would be paid. Solutions- Environmental Law... The environmental programme, he said would be supported by legislation, which was being processed by the State House of Assembly, explaining that it would incorporate all previous laws to give the state a single legal document to govern the environment. Adejare said the environmental law was designed, “To allow for private sector participation in the management of the environment; to effect the rebranding of the KAI Brigade into Lagos State Environmental Corps (LSEC) and approve its direct engagement in the compliance and enforcement of the Cleaner Lagos Initiative; to ensure efficient enforcement and compliance with environmental standards in Lagos State; for the creation of the Public Utility Levies (PUL) which is a property based charge applicable to all properties within the state replacing all service charges required from residential waste generators. It is not a tax.” Protecting the interest of existing investors... The Cleaner Lagos Initiative protects the interest of all existing investors along the solid waste

management value chain. the none-degradable ones would be sent to The project, he said would enrich Lagos the landfill sites. people and make life much better for them. Also, the present PSPs would be recertified and sent to commercial and industrial sector New client –operator contract agreement for waste collection and that “big players” backed by law, accepted by financiers... would be engaged to undertake domestic As part of the changes, all licensed operators waste collection. will have a solid contractual agreement between the clients and the operators. This will serve Community Sanitation Workers Scheme... as protection for the licensed operators and a Also, the government would be engaged as financing tool in the current economic terrain. sweepers in all the wards in Lagos State, “Once they signed a contract with us, they adding that these people must reside in the can take the contract document to the bank wards so that they do not pay to transport for financial assistance and it would be themselves to their duty posts. honoured,” said the commissioner. He said those employed as sweepers would There would be changes in the way waste be kitted for the job and paid regularly. “With was presently being managed, he said, adding a national unemployment rate of 9% and that the Lagos State Waste Management Author- an UNDER-employment rate of 20.7%, it is ity (LAWMA), the sole agency responsible imperative that all sectors work to harness the for waste control in the state, would now be state’s resources by creating job opportunities.” restricted to purely policy implementation He said the current Cart Pushers, Bike duties, adding that it was not ideal for a Riders, other unemployed youths, and the regulatory agency to perform the same func- existing 4,500 sweepers will be engaged and tions it was mandated to supervise. Another transformed to Community Sanitation Workers change, he said would be the close down, (CSW), thus creating an estimated number next year, of two major dumpsites in the of 27,500 jobs. state- Olusosun at Ojota area and Soulous, The Sanitation Workers, he said would adding that scientific landfill sites would be be mobilised across the 377 political wards built for none biodegradable materials. of Lagos State thereby creating jobs for our The present waste transfer bays in the state people. “The Sanitation Workers will be would be reconstructed into Materials Recovery uniformly kitted and all equipment needed Facilities where waste would be sorted and for their jobs to be optimally done will be the reusable materials would be sold while provided by the State.

T H I S D AY • TUESDAY, DECEMBER 13, 2016

PROPERTY & ENVIRONMENT

TrustBond Mortgage Bank Has Over N20bn to Boost Operations, Says Akinlusi Bennett Oghifo Managing Director, TrustBond, Mortgage Bank Plc, Mr. Adeniyi Akinlusi has said the bank is poised towards effective mortgaging with over N20 billion to drive home-ownership across the country. Akinlusi stated this at the 7th Annual General Meeting of the company in Lagos, recently, adding that the bank recorded a total asset of N9.7billion at the year-end of 2015, representing a 7 per cent increase over the previous year’s figure. He said the principal objective was to address the long term funding constraints hindering the growth of the primary mortgage market while reducing the funding cost of residential mortgages and enhancing access to housing by Nigerians, especially the low to the middle income. On the achievements of the company, especially from their transition from a real estate development company to a mortgage firm, as directed by the new CBN regulations prohibiting mortgage banks from real estate development, he said though it affected their earnings initially they, however, quickly came out of it. He explained that customers’ deposits in 2015 amounted to N2. 1 billion, representing 11.3 per cent growth over the 2014 financial year, despite the regulatory and economic challenges in the sector. On the challenges of the

mortgage sector, Akinlusi said they include but not limited to lack of long term funds and effective foreclosure laws. He called on the government to initiate robust policies to drive the sector, noting that in a recessed economy with job losses and contracting economy subscribers may not be faithful with their monthly mortgage payments. The TrustBond Managing Director called for effective foreclosures that will enable the effective prosecution of defaulters. He asked State Government’s to encourage the process by encouraging their own foreclosure laws to bring sanity to the sector, he said this will encourage more people in the sector and create more houses for the public. Earlier, the chairman of the company, Mr. Etigwe Uwa said 2015 was very challenging from the crude oil price of $112 per barrel in June 2014 to $35 per barrel in 2015, far below the nation’s budget benchmark. He explained that the “CBN through the Monetary Policy Committee (MPC) reduced the Monetary Policy Rate (MPR) from 13 per cent to 11 per cent the lowest since 2009 as well as Cash Reserve Ratio (CRR) from 25 per cent to 20 per cent to stimulate the economy which unfortunately didn’t add-up as the effects are still around us today.” He commended the NMRC “for the issuance of N140 billion medium-term note programme that improved the tenor of mortgages to

SON Awards MACAP Revelation Paints Fadekemi Ajakaiye Standards Organisation of Nigeria, SON, has presented an award for the Mandatory Conformity Assessment Programme (MANCAP) to management of Revelation Paints, an indigenous company. The Edo/Delta Coordinator, Standards Organisation of Nigeria (SON), Mr. Ojo Ilesanmi Akogun, who made the presentation, has advised on the need for Nigerians to buy goods made in Nigeria, adding that most goods produced locally could compete favourably with imported ones. Akogun, who spoke in Benin City, Edo State while presenting the Mandatory Conformity Assessment Programme (MANCAP) to management of Revelation Paints, recently, said the role of SON in ensuring quality products had impacted on manufacturers, whose products are now of better quality. “I still don’t know why we don’t like our own products in this country. Go outside the shores of this country, they have allegiance to their products. We try to make our products compete too, that is why we do monitoring compliance.” He described MANCAP as a mandatory product certification scheme put in place by SON to ensure that all locally manufactured products in the country conform to the

a maximum of 20 years as against 10 years and sometimes less loan tenor that was prevalent in the sub-sector.” He said the programme has enhanced mortgage affordability, as according to him, longer loan tenor foster lower monthly repayment. He said this singular window afforded the company the opportunity to strategically double its capacity to refinance mortgages with NMRC. NMRC is a fledging second-

ary mortgage company in Nigeria, an initiative of the Mortgage Banking Association of Nigeria (MBAN), Federal Ministry of Finance, CBN and World Bank to drive home ownership. On the future of the bank, Uwa pointed that access to long-term funding is germane for a successful mortgage operations. He said: “To this end, we are sowing the strategic seeds for the growth of our core

operations which is banking and mortgages activities by securing access to long-term funding from NMRC through our bold decision to double our equity stake in NMRC as an equity investment.” He pledged the company’s preparedness to continuously complement the required funding from NMRC with National Housing Fund from Federal Mortgage Bank of Nigeria (FMBN) and other sources. The TrustBond chairman

further stated that the banks has developed a liquidity management framework based on statistical model underpinned by conservative assumptions with regard to cash inflows and the liquidity of liabilities. He said: “The Mortgage Bank’s liquidity has consistently been above the minimum liquidity ratio and the requirements of its stress tests. Our shareholders are in good hands as a result of high corporate governance.

L-R: Managing Director, TrustBond Mortgage Bank Plc., Adeniyi Akinlusi; Chairman of the bank, Etigwe Uwa; and Company Secretary, Mark Okoye, at the annual general meeting of the company in Lagos... recently

relevant Nigerian Industrial Standards (NIS) before they are presented for sale in the market or exported. He said the journey for Revelation Paints was not an easy one, stressing that for it to have qualified for the award showed enormous commitment to quality by the management of the company. Speaking on the award, the Chairman of Revelation Group, Barrister Emmanuel Ogbebor expressed joy for what he thought was almost not going to be possible. He said, “We started just seven years ago and getting to this point was quiet difficult and at a point I almost became discouraged because of bigger paint producers in the country. “We started as a challenge to other big companies. We planned to develop paints to meet the need of the common man and not put a hole in his pocket. We vowed to keep the standard whether we sell or not. To avoid adulteration, we ensure customers buy directly from us. Within the next few years, we will be asking for more certification. “We are not going to be counted among those that started but are no more; this is a Nigerian company with global standard. Soon, we will be looking at the ECOWAS market and become a source of foreign exchange to this country.”

Managing Director of the Nigerian Mortgage Refinance Company, Charles Nyagete inaugurating a borehole provided by his company at the Nelson Mandela IDP camp at Games Village, Kaura District, Abuja... recently

NMRC Donates Borehole, Other Items to IDPs in Games Village Fadekemi Ajakaiye The Nigerian Mortgage Refinance Company (NMRC) has inaugurated a borehole it donated to the Nelson Mandela Internally Displaced Persons Camp (NNIDP), at the Games Village, Kaura District Abuja. NMRC said the water facility was provided as part of its Corporate Social Responsibility (CSR) to the community to ease the pains and sufferings of the IDPs caused by shortage of safe

water, hygiene and sanitation in the camp. The Managing Director of the Company, Charles Nyagete in his remarks said he hopes that the borehole would help mitigate the water-shortage situation in the camp, promising to look into the needs of the school in the camp by providing books and make available medical facilities for the camp’s clinic. He wished the internally displaced persons speedy

return to their homes. The company also gave food items and soft drinks to the IDPs to support in the area of feeding. After a tour of the camp with his officials, the Managing Director promised to return to the camp on a later date to look into other critical areas of need for the IDPs. The coordinator of the skills acquisition center of the camp, Lynette Johnson, thanked the NMRC team for their aids to the IDP camp,

saying it is timely as water remains a major challenge in the camp. She also assured that the borehole would be properly utilised. Some of the internally displaced persons expressed gratitude to the team and prayed that God would continue to uplift them. The internally displaced persons were highly jubilant and full of praises for the support given to them by the NMRC team.

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TUESDAY, DECEMBER 13, 2016 • T H I S D AY

NEWSXTRA

Abia Think Tank Calls for Redirection of Governance Emma Okonji

dinner held at the Sheraton Hotel Lagos at the weekend, also called on the state government to take The Abia Think Tank, an competitive advantage of the assemblage of intellectuals and strength of the state to develop professionals, whose objective is it into a more vibrant state that focused around socio-economic will create new possibilities and political development of Abia to transform its people and State and Nigeria, has called on businesses. the state government to identify The President of Abia Think Thank, Chief Sam Ohuabunwa, in his opening remarks, called on the people of state to put politics aside and come together to develop the state. Identifying Aba, one of the Says CDS retires next week towns in the state with the highest concentration of small and Tobi Soniyi in Abuja Staff, Vice Admiral Ibok-Ete Ekwe medium enterprises (SMEs) in the country, Ohuabunwa said: “Part of Ibas, as a service chief. The presidency yesterday “But the Chief of Naval the motivation of Abia Think Tank, in Abuja said the Chief of Staff has a short while more, is to create a major and modern Defence Staff, General Gabriel and President Buhari could, industrial and development node Olonisakin, has not been replaced therefore, not have approved his in Aba, with a positive multiplier as claimed in a newspaper’s replacement yet,” the statement effects in other economic centres of the state and Nigeria.” report. added. He said SMEs should be A statement issued by the Adesina said Buhari’s Special Adviser on Media and administration had repeatedly organised into a well defined Publicity to the President, Mr. pledged commitment to industrial and commercial clusters Femi Adesina, said contrary to transparency and accountability. with modern infrastructural the report, Olonisakin would According to him, one of facilities to promote rapid economic retire from the army next week. the hallmarks of that is making activities that will absorb young The statement said: “General information available to the media. men and women of the state. Delivering the keynote address Olonisakin is due to retire from He said: “But when some sections the Army next week, having of the media would rather speculate, at the forum, with the theme: satisfied the official number of than cross-check and double check ‘Beyond Politics: Re-directing years in service. He is yet to be information, then it borders on Abia Economic Development replaced.” deliberate mischief. That, surely, Paradigm’, the guest speaker, Adesina also said there was is not the way to go, for national Ijeoma Nwogwugwu, who is also the Editor and Group no plan to replace Chief of Naval cohesion and development.” Executive Director, THISDAY Newspapers, explained that the strength and weaknesses of the state in order re-direct governance for the growth of the state, which its said was once the economic and commercial nerve centre of the Igbo people living in the eastern states of the country. The group, which made the call at its 7th annual forum and

Presidency Says No Plan to Replace Service Chiefs

Continental Reinsurance Appoints Chief Ogunshola Chairman

Continental Reinsurance Plc has announced the appointment of Chief Ajibola Ogunshola as the new nonexecutive Chairman of its Board. The appointment took effect on November 8, 2016. He succeeds Mrs. Nadia Fettah. Established in 1985, and listed on the Nigerian Stock Exchange (NSE) in 2007, Continental Reinsurance provides support to over 200 insurance companies in Africa with its main offices in Nigeria, Cameroun, Kenya, Côte d’Ivoire, Tunisia and Botswana. It also has a specialist subsidiary – Continental Property and Engineering Risk Services (CPERS) – registered in South Africa. Commenting on his appointment, Ogunshola said: “I am honoured to accept the board’s appointment. Continental Reinsurance is at an exciting phase and I look forward to working with the board and management to build on the success that has been achieved so far. I strongly endorse the strategic vision of building Continental Reinsurance to be the premier private pan-African reinsurer.” Ogunshola holds a B.Sc. (Honours) degree in Mathematics from the University of Ibadan and was the first black African to qualify as a Fellow of the Institute of Actuaries, United Kingdom. He was for many years the representative of the Institute in Nigeria, and a member of the International Association of Actuaries. Dr. Femi Oyetunji, Group Managing Director/CEO of

Continental Reinsurance Plc said: “We are pleased with the appointment of Chief Ogunshola as Chairman. His experience and deep understanding of the industry will be instrumental in achieving our strategic objectives. Ogunshola has a formidable track record and Continental Reinsurance will greatly benefit from his knowledge and vast experience. I would also like to thank Mrs. Nadia Fettah for her contribution as Chairman. She has been a great source of advice and guidance for the business. She leaves with our best wishes.” Over the years, Ogunshola had contributed to the development of many organisations while serving in various capacities including Managing Director of Niger Insurance, Chairman of Alexander Forbes Consulting Actuaries (Nigeria), Chairman of Punch Nigeria Limited, Chairman and Managing Consultant of Ajibola Ogunshola & Company (Actuaries).

Ogunshola

politics cannot be disentangled from economic development of the state, insisting that economy necessitates a political structure, just as the political behaviour of the leadership determines the economic fortunes of a state. Addressing what she called the new urgency on the economic future of states across the country, Nwogwugwu faulted the Nigerian federation on the creation of states by political fiat, mostly by the military, instead of allowing the states to evolve as a consequence of political and historical necessity. According to her some of the states, were created without due consideration for economic viability, as their creation were mostly informed by the considerations of political convenience and elite pressure, which eventually put the states in difficult situations in discharging their obligations as sub-sovereign entities compelled to pay workers’ salaries, provide municipal services, address security issues that should mostly be a federal responsibility and undertake development projects both in terms of infrastructure and human capital development. She cited recent studies which show that only four states are currently viable in the country based on the measurement of viability restricted to their ability to pay public sector workers’ salaries and settle outstanding obligations to sundry creditors from the

receipts from the federation account and internally generated revenue (IGR). Picking on the state in addressing the challenges of most states of the federation, Nwogwugwu said the federation account receipts for Abia State, which exclude allocations to its local government areas, amounted to about N48 billion in 2014, N40.1 billion in 2015, and N25.4 billion from January to October 2016. Meanwhile, available data on the website of the National Bureau of Statistics (NBS) show that the state has generated little amount from its IGR, which is slightly over a billion naira in the last six years. According to the statistics, Abia State generated N11.12 billion in 2010 as IGR; N11.76 billion in 2011; N16.75 billion in 2012; N12.37 billion in 2014 and N13.35 billion in 2015. This, the guest speaker said, was despite the huge economic potential; proximity to the seaport in Port Harcourt in Rivers State and oil economies of the Niger Delta. In contrast, a state like Ogun has grown its IGR from about a billion naira in the same period to about N7 billion on a monthly basis, by leveraging its proximity to Nigeria’s largest commercial city, Lagos. In the same vein, the Anambra State Governor, Willie Obiano, recently said he has raised IGR in the state from N500 million monthly to N1.2 billion monthly,

with a target to reach N2.2 billion per month by next year. Comparing Nigeria federalism to that of United States, the guest speaker said the difference is that in the US, the various states joined the union at various times to create the federal government, but in Nigeria, the federal military government arbitrarily created the states without considering the economic viability and productivity of the states, and began to fund them with oil rents and royalties. Amid difficulties faced by states in Nigeria, Nwogwugwu said: “The present situation calls for urgency, when the economic potential of states will have to be explored and quickly realised, and quite a number of states have already put on their thinking caps to address the ugly situation.” Responding, the chief guest of honour at the forum and Governor of the state, Dr. Okezie Ikpeazu, commended the guest speaker for her paper presentation, which he said touched on vital points as they relate to the development of the state, but disagreed on the figures quoted in the area of IGR. According to Ikpeazu, the state may be generating billions of naira on a yearly basis from IGR, going by the statistics as presented by the guest speaker, he however explained that the total amount paid into the state government coffers, was less than a billion in one year.

CONGRATULATIONS

President, Abuja Newspapers Distributor Association, Mr. Joshua Oyegun (left), presenting the ‘Magazine of the Year Award’ won by the Economic Confidential to the Managing Director, Hajia Sikrat Yushau Shuaib; while the founder of the magazine, Mr. Yushau Shuaib, looks on at the presentation ceremony in Abuja... recently

Lagos to Train 5,700 Youths on Agro-Business The National Images Incorporation in conjunction with Lagos State Government will tomorrow commence the 2016/2017 edition of agricultural empowerment training scheme at Oshodi-Isolo Local Council Development Area of the state. The training scheme would move to Ikeja Local Government on December 14, 2016 and to Orile-Agege and Agege Local Councils respectively. The Project Director, Mr. Bamigbade Oluwaseyi, said the objective of the scheme

was to enable the youths have adequate knowledge on basic agricultural skills for them to be self-reliant. He said over 5,700 participants from all the Local Governments and Local Council Development Areas across the state are expected to participate in the training programme. They will be trained on best practices for cat-fish production, processing and marketing, as well as soilless vegetable production and marketing techniques. After the programme,

according to Bamigbade, they would guild the youths on how to form a cooperative societies that would make them have access to credit facilities from reputable specialised financial institutions, saying the scheme was being driven in partnership with Small and Medium Enterprises Development Agency (SMEDAN), FADAMA, Micro, Small and Medium Enterprises and the Federal Institute of Industrial Research, Oshodi. The Permanent Secretary, Ministry of Local Government

and Community Affairs, Mr. Olakulehin Dapo,said the state government was supporting the scheme by sensitising all local councils in the state to collaborate with national images on the execution of the training programme to enable the youths becomeself reliant. The state will equally advise all LGAs/ LCDAs to provide a conducive venue for the training programme, even as the state will monitor the training programme to ensure quality assurance for all the participants.

TUESDAY, DECEMBER 13, 2016 • T H I S D AY

NEWSXTRA

Church Collapse: Ambode, Ayade, Others Commiserate with A’Ibom Govt, Families of Victims FG dispatches medical experts to A’Ibom to assist victims of collapsed church

Yinka Kolawole in Osogbo

More condolence messages have continued to pour in over the tragic collapse of the Reigners Bible Church building in Uyo, Akwa Ibom State last Saturday, as Lagos State Governor, Mr. Akinwunmi Ambode, his Cross River Statecounterpart, Professor Ben Ayade and the Chairman of the Governing Board of Niger Delta Development Commission (NDDC), Senator Victor Ndoma-Egba (SAN), have commiserated with the state government and the families of victims who lost their lives in the incidence. The governor in a condolence message signed by his Chief Press Secretary, Mr. Habib Aruna, said it was most unfortunate that the victims lost their lives while worshipping God. “It is indeed an unfortunate incident and words cannot really express our sadness as a government over the loss of several lives, who have become victims of an incident they know nothing about. It is indeed a pathetic situation and we can only express our condolence and commiserate with the bereaved families over this incident,” the governor said. On his part, Ayade expressed deep sadness over the unfortunate incident, leading to loss of lives. In a condolence message signed by his Senior Special Assistant on Media and Chief Press Secretary, Mr. Christian Ita, he said he was grief-stricken by the tragedy.

The governor was however, thankful to God for sparing the life of the Akwa Ibom State governor, whom he called brother. “My dear brother, I am shocked by the news of the horrific death of some of our brothers and sisters at the Reigners’ Bible Church who went to commune with the Almighty God.” Ayade, who prayed for the repose of the souls of those killed in the tragedy, conveyed the sorrows and sympathies of his government and people. Similarly, Ndoma-Egba commiserated with Governor Emmanuel on the tragic incidence of the collapse of the church International in Uyo, which occurred on December 10, 2016 claiming the lives of scores of worshipers. The chairman wished the injured, speedy recovery and prays for the peaceful repose of the souls of the faithful departed. He prayed that the Almighty God grants their families the fortitude to bear the irreparable loss. Also, the immediate past Leader of the Akwa Ibom State House of Assembly, Hon. Okpolupm Etteh. has expressed sadness at the collapse of the building of Reigners Bible Church and the loss of lives and injuries suffered by worshipers. The former House Leader, who had a firsthand experience of the incident alongside his Personal Assistant, Mr. Ekong Ukot, condoled with the state government, Christian Association of Nigeria (CAN) and the bereave families.

Nicolaas Vervelde, Nigerian Breweries MD Joins Forte Oil Board Forte Oil Plc has announced the appointment of Mr. Nicolaas A. Vervelde as an independent non-executive director of the company. The company disclosed this in a formal notice to the Nigerian Stock Exchange. Vervelde is the Managing Director/Chief Executive Officer of the Nigerian Breweries Plc. He is a board member of the Nigerian Economic Summit Group and also sits on the advisory board of the Lagos Business School. He is also the Chairman of the Beer Sectoral Group of the Manufacturers Association of Nigeria and the Nigerian Breweries Felix Ohiwerei Educational Trust Fund. “He started his career with Heineken in 1984 and held increasingly senior management positions in commercial, general and regional manager in Europe, Africa and Middle East, Bahamas, Carribean and Central America. He is an experienced manager of merger and acquisitions and a seasoned International

He described the incident as horrible and a great test of faith to the Christendom given that the accident took place when the church building was filled with worshipers who came from all walks of life to celebrate with the founder of the church, as he mounts the exalted office of a Bishop. Etteh, who offered prayer of thanksgiving at Insight Bible Church on Sunday for Governor Emmanuel, state government and the family of those who lose their loved ones, urged the people of the state to be strengthened and comforted by Almighty God. Meanwhile, the state chapters of the Nigerian Union of Allied Health Professionals and the Nigerian Medical Association (NMA) have continued to appeal to indigenes of the state for more blood donation to the victims of the incident.

The health union wants more medical expert to visit various hospitals and clinics in the state to offer assistance to the people who are still in need of blood and attention. “Members of the public willing to donate blood are to visit approved blood banks in the state as the situation has created emergency situation that needs humanitarian services for the people.”The state Chairman of NMA, Aniekeme Uwah, said doctors in the state have been mobilised to respond to the disaster situation which he was remains the worst in the history of the state. He said “In order to aid the response team carry out her duty of responding to the mass casualty and to save the lives of our people, I hereby call on all well -meaning citizens to rise up to the occasion of being our brothers’ keepers

by voluntarily donating blood needed for transfusion,” “I call on all the survivors who had suffered any form of trauma to report to the various health facilities for proper medical examination as blunt injuries could lead to internal bleeding and avoidable deaths. “I assure all the members of the public, that as a responsible and proactive association, we will not rest on our oars until all the lives of the survivors are saved and they are discharged from the hospitals back to their families.” However, the federal government yesterday dispatched a team of medical expert to Akwa Ibom State to compliment the efforts of other medical personnel in the state in tackling the health need of victims of last Saturday church building collapse in Uyo, the state capital.

The federal government health officials is a-10 member team of expert neuro surgeon with Professor Suleiman Giwa, a Consultant Orthopedic Surgeon from University of Lagos as leader. Giwa, who spoke briefly on arrival at the University of Uyo Teaching Hospital in the evening, said the team was put together on the instruction of the Minister of Health, Professor Adewole, to come and render helping hand. The special federal government medical experts, consist of two neuro surgeon, three orthopaedic surgeons, three plastic surgeon and two specially trained operating room nurses. The leader of the team maintained that health specialists are in the state to render necessary assistance and support needed for the victims of the collapsed church building.

GET WELL FAST

Senator Godwills Akpabio, accompanied by some officials of the Akwa Ibom State Government during a visit to the Ibom Specialist Hospital, Uyo, to sympathise with victims of church building collapse....yesterday

Nigerian Govt Must Inject Fresh Ideas into the System, Says Kuku Seeks robust engagement of technocrats Sunday Okobi

Vervelde Change Manager.” According to the statement, the appointment of Vervelde as an independent nonexecutive director will bring a wealth of knowledge to the Board of Directors of Forte Oil following his diverse experience. “This appointment will also enhance the already versatile board of Forte Oil in ensuring that the company continues to fulfil its vision of being the foremost energy solution provider and being in the forefront of global best corporate governance practice,” it added.

The National President of the University of Lagos Alumni Association, Olorogun Sonny Kuku, has stated that for Nigeria to get out of its present situation, the country must be handed over to people with fresh minds of new ideas, honest thinkers, first-class and well-breed experts ready to work for the people. He added that the country needs a new thought process for her to make headway, as the prevailing attitudes by current leaders and followers are antithetical to development. In an interview with THISDAY after the association get together event tagged: ‘A Night with a Hundred Eminent Akokites,’ at UNILAG Akoka campus recently, Kuku urged the federal government to urgently engage technocrats in solving the nation’s myriad of problems. While faulting the existence

of special advisers and assistants (SAs) in the corridors of power over the years, he submitted that their appointments were needless because, according to him, the permanent secretaries, who ordinarily should be technocrats, were fit for that purpose as no one knows government’s policies more than them. To get out of the current economic crisis, therefore, Kuku said: “This government is still being run by the same old politicians who are very good in politics but lack the ability to seek solutions to the problems, because if they were capable of solutions, we would not be where we are now. This government should swallow its pride and get experts from wherever they are in the world to inject new ideas into the system and revamp the economy (after all, Canadian is the head of England central bank). President Muhammadu

Buhari government should get the best people in health, agriculture, economy, education among other sectors to rework the system. According to the medical practitioner, “Our economy should be run by fresh minds with new ideas, honest people who are also thinkers, first class and well-breed technocrats who are ready to work for the people with passion for the job not set of people working for their interests alone. Also, it is not desirable for the government to have numerous advisers; instead, the permanent secretaries (who are the natural advisers and technocrats) should take up the advisory role while the minister position remains merely rotational. “What do we need special advisers and special assistants for? What are they advising on when the permanent secretary is there? If a perm sec has been

in a ministry for 15 to 20 year, do you know the knowledge about the ministry he or she would have? So we need a revolution of the mind as there is no more money to steal as, let the people who are ready to work be given the chance to do so. Also, infrastructure and small scale business which are integral part of the economy should be put in their rightful place.” Admitting that there is emergency in the education sector, Kuku advocated for total free education especially from primary to secondary school levels. He stressed that the incentive should not be limited to just tuition but must also include free books, uniform and others that make learning exciting. He decried the federal character principle in the nation’s law books, saying it compromises merit.

TUESDAY, DECEMBER 13, 2016 • T H I S D AY

NEWSXTRA

PDP Factions Predicated on 2019 Presidential Election, Says Adewale The Lagos State Chairman of the Peoples Democratic Party (PDP), Otunba Segun Adewale, has said

the leadership crisis rocking the party is being orchestrated by some external forces struggling

ECOWAS: No Going Back on Single Currency Says year 2020 for currency adoption remains sacrosanct Alex Enumah in Abuja The Economic Community of West African States (ECOWAS) has said it remains cimmittted towards the realisation of full economic integration of the region through the adoption of a single currency. ECOWAS also assured that irrespective of current economic challenges plaguing the region, the community would do all within its ability to ensure that the ambition of a single currency does not extend beyond the original date set for its take-off in the region. This was disclosed at the 9th statutory meeting of the ECOWAS Convergence Council and Macroeconomic Policy Committee in Abuja. The committee, which comprised of the subregion’s finance ministers and governors of central bank, while admitting that the current economic realities in West Africa have slowed down efforts to achieve single currency, however expressed confidence that the region can overcome the challenges. According to the President of ECOWAS, Marcel de Souza: “Though there were certain obstacles but the commission remained resolute towards achieving full integration.” Represented by

ECOWAS Commissioner for Microeconomic Policy, Mahmodou Traore, the president assured that the roadmap for achieving single currency would not go beyond 2020. Also speaking, Deputy Minister for Economic Management, Ministry of Finance and Development Planning, in Liberia, Mr. Alvin Attah, urged the members of the council to ensure the successful implementation of the Multilateral Surveillance Mechanism in their respective countries. “ECOWAS commission relies on your leadership and effective supervision of the regional programme of the Multilateral Surveillance Mechanism, which is absolutely vital and necessary for the achievement of the Single Currency”, he said, adding that, “The launch of the Single Currency must be achieved in a timely manner within the framework of ECOWAS Vision 2020”. Earlier at the meetings, the community had expressed concern over the continued depreciation of Nigeria’s currency, the naira, the fall in oil price and other poor economic situations in the region, hinting that they are capable of derailing the single currency plan by the community.

ECOWAS Donates $1.4m to Borno IDPs Michael Olugbode in Maiduguri The Economic Community of West African States (ECOWAS) has given a donation of $1.4 million to internally displaced persons (IDPs) in Borno State. Also, the National Emergency Management Agency (NEMA) last Sunday gave out building materials for the construction of houses destroyed by Boko Haram insurgents in the troubled state. The African regional economic body handed over the donation in two separate cheques of $1 million and $0.4million to the Borno State Government with the instructions that the fund should be used to procure relief materials for the IDPs. Presenting the cheques to the state Governor, Alhaji Kashim Shetima, the ECOWAS President, Marcel de Souza, said they were in the state to share the feelings and concerns

for IDPs and refugees in Nigeria, and pledged to do everything possible to support them. The Director General of NEMA, Alhaji Sani Sidi, who brought the ECOWAS boss to the state governor, also handed over foods and building materials including 2,600 bundles of roofing sheet, 2,500 piece ceiling boards, 350 bags of 3”nails, 350 packets of zinc nails, to assist the government in the ongoing effort of reconstructing houses in Bama, Hawul and GamboruNgala communities destroyed by insurgency. Others presented by NEMA include 3,600 bag of rice, 1,400 bags of beans, 1,000 bags of millet. Receiving the items, the governor appreciated NEMA for the continued support for the IDPs and ECOWAS for the donations and promised that the items would get to the beneficiaries.

for the soul of the party towards 2019 presidential ticket. Adewale alleged that why the like of Alhaji Atiku Abubakar is working to be nominated by the PDP from outside instead of coming back to the party and join hands with well-meaning and loyal leaders in the ongoing rebuilding effort. The party leader condemned what he described as baseless accusations that the factional Chairman of the PDP, Senator Ali Modu Sheriff, is an agent of the ruling party, All Progressives Congress (APC). According to him, the accusation which he described as generally unfounded is a figment of the imagination of some paid elements within the party.

He said: “These agents are working towards the nomination of Atiku as our presidential standard bearer in the 2019 general election. “They have resorted to cheap blackmail as it is becoming obvious that the effort of Sheriff to frustrate every attempt to impose a non-party member as our presidential nominee is beginning to gain the attention of well-meaning members. “This is a case of a pot calling the kettle black. How can those promoting the nomination of a known leader of the APC as our presidential standard bearer accuse another of working for the ruling party?” Adewale alleged that the PDP leader, Senator Ahmed Markafi,

and his cohorts were the agents working against the interest and progress of the party ahead of the 2019 presidential election. “If you x-ray recent activities in the party and comments of the Markafi-led faction, it’s obvious who is working against the general interest of our party. Everything is about Atiku’s ambition to be president in 2019,” he said. He said if indeed Atiku and those allegedly promoting him wishes to pick the presidential ticket of the PDP, he should be bold enough to come back to the party they destroyed in the buildup to the 2015 general. “There is no point going through the back door as there is room within the party

for every genuine member seeking political office,” he added. The PDP chieftain pointed out that candidates presented by the Markafi-led faction of the party in Edo and Ondo States recently concluded governorship elections, Pastor Eze Iyamu and Eyitayo Jegede, are both known allies of the former vice president, and “this is a pointer to where they are tilting towards.” Adewale therefore called on the Markafi-led faction to embrace genuine reconciliation, urging all aggrieved factions to come together for the sake of presenting a formidable candidate in the 2019 presidential election.

TECHNOLOGY-DRIVEN

L-R: Managing Partner, Red Media, Founder, Future Awards and Member, ImpactGen Foundation Advisory Board, Chude Jideonwo; Founder, ImpactGen Foundation and Convener, ImpactGen Tech Innovation Summit, Greg Malize; Founder and Chief Executive Officer, Interswitch Limited, Mitchell Elegbe; Founder and Chairman, Dragon Africa, Obi Asika; Co-Founder, Co-Creation Hub, Femi Longe, at the ImpactGen Tech Innovation Summit with the theme: ‘Leading Growth through Technology Innovation’’ organised by ImpactGen Foundation in Lagos.... recently

Fashola Lauds Commuters’ Patience, as Berger Opens Bridge Bennett Oghifo Julius Berger, the contractor reconstructing the LagosSagamu stretch of the Lagos-Ibadan Expressway, yesterday opened the popular long-bridge full use. The repair of the bridge, which included striping of its former surface and replacing it with synthetic asphalt, cause unimaginable hardship to commuters while it lasted. The Minister of Power, Works and Housing, Mr. Babatunde Fashola, while inspecting sections of the road yesterday, praised commuters for their patience. Fashola said: “I also want to thank commuters who endured stress during the repairs and want to state that as the bridge is open to traffic, you will see that your sacrifice was worth it; you will have better motoring

experience even as work continues. “We had a completion time line of December 31 to finish this work but our contractor had doubled their efforts and they have now finished the first phase of the work on the long bridge. “The bridge has been asphalted but the work is not finished. It is a 4,500 metre bridge on both sides and they still have to install some joints. “About 44 on one side and 44 on the other side; their contract also extends to kilometre 46 to Sagamu; they are ashalting between kilometre 30 to 33. “The reason for my coming is to thank the contractor because they said they are going to open this place to traffic today. “This is well ahead of the December 31 date and they

did this, being sensitive to the heavy movement that takes place on this road during Christmas.” The minister then appealed to road users to avoid reckless driving, to stem accidents throughout the yuletide season. According to him, the rainy season slowed down the project but urged road users to expect more repairs with the improvement in weather on both section one of the project being handled by Julius Berger and section two, which spans from the Sagamu Interchange to Ibadan, being handled by the Reynolds Construction Company, (RCC). He explained that Julius Berger had to manage the heavy traffic, while it went on with the repairs, because it would have been counterproductive to close the road.

To speed up the work, he said Berger had to deploy about 50 trailers to and fro the site daily, moving materials in and out, adding that, over 3,600 trips were made. He thanked the governments of Lagos and Ogun for their support in repair and providing logistics to ease congestion on the highway during the construction. The minister also thanked the Federal Road Safety Corps (FRSC), the Police and other law enforcement and traffic management agencies, as well as ministry officials for their efforts which both eased gridlock and improved security. The Project Manager of Julius Berger, Mr. Wolfgang Panzer, explained that asphalt layers were increased in some places on the bridge to ensure stability and durability.

TUESDAY, december 13, 2016 • T H I S D AY

EID-EL-MAULUD MESSAGES…

Atiku, Others Preach Peace, Love Former Vice President, Atiku Abubakar, has urged Muslims in the country to double their commitment to the promotion of tolerance, love and peaceful coexistence, which he said are among the shining virtues of the Prophet Muhammad. In his Eid-el-Maulud message to Muslims, Atiku noted that the best public relations Muslims could do for Islam is to follow the exemplary conduct of the Prophet of Islam, Muhammad. According to him, throughout his life, Prophet Muhammad never told his followers to molest people who were different or harm innocent people without provocation, adding that he was constantly reminding Muslims that there is no compulsion in religion. The former vice president explained that Muhammad had encountered more provocations and humiliations from those opposed to his message, but he was always reminding his followers to be patient and live in peace with others. He stated that the greatest honour the Muslims could do for Muhammad is to practise his virtues of patient and peaceful disposition and tolerance towards even those who deliberately tried to harm him. The Turakin Adamawa also appealed to Muslims to be more vigilant to avoid the risks of their children being exposed to dangerous and poisonous influences of violent extremism which is founded on intolerance, hate and bigotry. According to him, the atrocities being committed by terrorists are giving Islam a bad name and defaming the name of Muhammad who preached against the kind of evil activities being perpetrated today by the extremists. He said the alternative version of Islam being propagated by the terrorists is creating an embarrassing perception of Islam and scaring people away. Atiku added that these violent extremists are a disgrace to everything Prophet Muhammad stood for in his life time, adding that Muslims should be united against these evil men and women. He said hate promoters would be forced out of business if nobody is ready to be recruited by them.

Dickson Tasks Muslims on Love, Forgiveness and Peaceful Co-existence As Muslims celebrate the birth of Prophet Muhammad, Governor Seriake Dickson of Bayelsa State has urged Muslims across the country to imbibe the positive attributes of the Prophet, such as love, forgiveness and merciful to all mankind. In his message to Muslim faithful on the occasion of Eid-el-Maulud, Dickson also urged them to continually preach peace and mutual co-existence among different religious groups in the country. The governor implored Muslims to dwell less and de-emphasise those issues that tend to polarise the nation, pointing out that most of the differences being experienced are as a result of lack of understanding and the selfish tendencies of a few persons. His words: “In your mosques and meetings continue to preach the gospel of unity, tolerance and peaceful co-existence because every part of this country needs the other part to move forward. And the greatness of the country is our size, our population and diversity.” While felicitating with the Muslims, the governor thanked them for their continued prayers and support for the policies and programmes of his administration, stressing that, as the leader of the State, he will always carry them along in the schemes of things. He also appreciated them for their peaceful conduct, noting that his administration’s commitment to the maintenance of peace and security as well as the efforts of security agencies have culminated in making Bayelsa one of the most peaceful states in the country.

Aregbesola Prayers

Urges

Perseverance,

Osun State Governor, Mr. Rauf Aregbesola, has called on Muslims nationwide to have strong conviction that the current economic hardship facing the country will soon fizzle out. He said it is only with this conviction that the energy of all and sundry could be channelled properly He urged them to endure for the good of the country and be prayerful. This was contained in a message sent to adherents of the Islamic faith on the occasion the Eid-el-Maulud celebration yesterday. Aregbesola, in a statement by the Director, Bureau of Communication and Strategy, Mr. Semiu Okanlawon, said what the nation is going through is a lesson for the leaders and the led to act conscientiously. This was also as he assured the people of Osun that his administration will not leave any abandoned project behind by the end of his tenure. He admonished Muslims to emulation the humility, good neighbourliness, understanding and love exemplified by the life of Prophet Muhammad. According to him, Muslims must possess qualities such as commitment, discipline, obedience to and love of Allah, and apply same in their daily relationship to their fellow human beings irrespective of ethnic and religious differences. He tasked the people of the state to live in peace and extend hands of fellowship to their neighbours so as for the peaceful and tranquil atmosphere the state has been enjoying in the last two years to continue unhindered. “The time is tough no doubt. Our nation is going through socio-economic hardship but this is just a passing phase. All hands must therefore be on deck for us to move our country forward. “We must stop paying leap service to fundamental necessities which are catalyst for development in order for our country to

L-R: Medical Director, GlaxoSmithKline, Dr. Laja Odunuga; Emir of Jiwa, Dr. Idris Musa; Director, Logistics and Health Commodities, National Primary Health Care Development Agency, Dr. Mahamud Mustapha; and Wife of Kebbi State Governor, Dr. Zainab Bagudu, during the World Pneumonia Day in Abuja....yesterday take its place in the comity of successful nations,” Aregbesola said

Tinubu Seeks Final Push for Boko Haram’s End

Former Lagos State Governor and All Progressives Congress (APC) stalwart, Senator Bola Tinubu, has felicitated with Muslims on the occasion of the Eid-el-Maulud festival. He urged Muslim faithful to imbibe the virtues of Prophet Muhammed, which include love, peaceful coexistence and sacrifice, and to support President Buhari as he tackles the nation’s problems, particularly the present challenges posed by the economic recession. Also, while praying for the souls of the victims of the suicide bombings in Madagali, Adamawa State and Maiduguri last Monday Market in Borno State, Tinubu said it was regrettable and hurtful to see hundreds of lives lost needlessly. “These dastardly acts against innocent lives must be condemned and those behind it brought to justice. That is what we all should be about and united over- bringing these attacks to an end. On this, I stand united with President Muhammadu Buhari in his concerted effort to restore security to the North-east and other parts of Nigeria.” Tinubu said in the statement: “I felicitate with Muslim faithful in the country on this occasion of Eid-el-Maulud festival. I urge them to imbibe the virtues of Prophet Muhammed, among them love, peaceful co-existence and sacrifice, and to exhibit those attributes as we relate with one another. “Let us also use the occasion to pray for the country and for President Buhari as he boldly confronts the challenges facing the country. The government needs our support, understanding and indeed sacrifice to end the present economic recession. Surely, there would be light at the end of the tunnel. “I enjoin Muslims, indeed all Nigerians to be on the alert: pay particular attention to their security by being mindful of movements around them, being watchful of their surroundings and neighbours, by cooperating with and giving security men information when they suspect untoward developments. “Boko Haram terrorists will be defeated as they engage in the antics of a drowning man. I salute and encourage our men and women in uniform not to relent. Nigerians are proud of their exploits. “As we pray for the country and our troops for Boko Haram to come to an end, I call on our Muslim brothers and sisters across the country to also endeavour to get involved in providing support for the physically- displaced persons in the North-east. This war will, and must come to an end. “I seek prayers for the souls of victims of the suicide bombings in Madagali, Adamawa State and Maiduguri Monday Market in Borno State. It is regrettable and hurtful to see hundreds of lives lost needlessly. These dastardly acts against innocent lives must be condemned and those behind it brought to justice. That is what we all should be about and united over- bringing these attacks to an end-. On this, I stand united with President Buhari in his concerted effort to restore security to the North-east and other parts of Nigeria. “I wish all Muslim faithful happy Eid-el-Maulud celebration.”

Bello Admonishes Muslims to Emulate Prophet Muhammad’s Exemplary Lifestyle

Niger State Governor, Alhaji Abubakar Sani Bello, has admonished the Muslim Ummah to emulate the unique conduct and exemplary lifestyle of Prophet Muhammad towards the advancement of a better society. The governor, in a message to commemorate this year ’s Eid-el-Maulud, said the society would be a better place to live in for all if every Muslim would abide by and act in accordance with the teachings

of the prophet. In a statement by his Chief Press Secretary, Malam Jibrin Baba Ndace, the governor noted that the life of Prophet Muhammad from birth to death is not only a lesson for those who reflect but an antidote or a panacea to our numerous socio-political and economic woes. He said Prophet Muhammad and indeed Islam generally preached peace, tolerance, unity and cohesion stressing that it is only on those platform that the society could progress and not through indecent and deviant behaviours. “We join all Muslim Ummah in celebrating the messenger of Allah through whom the Holy Qur’an was revealed to mankind. Indeed, the life the prophet lived should always serve as an inspiration to the faithful and his piety as a model for all of us.” The governor reassured the citizens that the present economic hardship been experienced in the country, as a result of the recession, would soon be over; noting that several measures been instituted by the APC-led administration in the country. “President Muhammadu Buhari’s led administration and indeed our administration in Niger state remain committed to taking steps and instituting policies that would bring us out of the current socio-economic challenges.” Bello reiterated his administration resolve to take developmental projects to the door steps of the electorates stressing that the economic recession may only delay but not hinder service delivery to the people.

Emulate the Virtues of Prophet Muhammed, Says Ahmed

Kwara State Governor, Alhaji Abdulfatah Ahmed, has enjoined Muslim Ummah across the world to continue to emulate the virtues of the Prophet Muhammed. This, he said, would go a long way of promoting peace and harmony in the country. Ahmed in a message issued in Ilorin yesterday and signed by his Chief Press Secretary, Abdulwahab Oba, also advised the Muslims to continue to live in peace and harmony. The governor described Prophet Muhammed as an exemplary leader in view of the good character that embedded in him. According to him, “Prophet Muhammad signifies peace, love and humility which are essential ingredients for a harmonious and progressive society. “As we celebrate this noble prophet of Allah, I call on all and sundry, regardless of religious persuasions to show love to one another and be ambassadors of peace and care for all.” Ahmed, while wishing the Muslim communities a happy celebration and more divine blessing, renewed his commitment to deliver more dividends of democracy through infrastructural development. “I thank all religious leaders, clerics and religious associations for their supports and prayers for this administration and promise that the worst is over of the state despite the current instability in the country’s economy,” the governor said.

Atunwa Felicitates with Faithful

A member of House of Representatives representing Ilorin West/ Ilorin South and Asa federal constituency, Hon. Abdulrasaq Atunwa, has felicitated with Muslims in the state, Nigeria and all over the world on the occasion of the Eid-el-Maulud celebration. Atunwa who advised Muslims to continue to pray for the oneness and unity of the country called on them to shun all forms of acts that may affect the corporate existence of the country. The lawmaker therefore appealed to the people of the country irrespective of their religion differences to continue to live in peace so as to allow the present administration address the various socio economic challenges facing the country.

TUESDAY DECEMBER 13, 2016 T H I S D AY

TUESDAY DECEMBER 13, 2016 • T H I S D AY

Society for Family Health Nigeria INVITATION TO BID FOR THE PRODUCTION AND SUPPLY OF T-SHIRTS

Society for Family Health (SFH) was incorporated in 1985 and is one of the foremost Non-Governmental Organisations (NGOs), that provide support to the Nigerian government in key areas of public health: HIV&AIDS prevention, family planning and maternal & child health (malaria, water and sanitation, and diarrhoea control). SFH works with the media to promote behaviour change and healthy lifestyles. SFH was appointed a Principal Recipient (PR) for the HIV grant, for the private sector component of the New Funding Model (NFM) from the Global Fund to ﬁght AIDS, Tuberculosis and Malaria (GFATM). SFH as a PR is responsible for the Prevention component of the Grant.

d) e)

All costs incurred by bidders as a result of this process and any subsequent requests for information shall be borne by the bidding companies. Only companies that satisfy the Prequaliﬁcation requirements will be evaluated for Request for Quotation. The Quotations and samples for the vendors that did not qualify will be returned to them unopened.

REQUEST FOR QUOTATION STAGE; Companies should also submit quotation for the preferred LOTs, as well as, a sample of the T-shirt they intend to supply.

The Procurement committee set up within SFH Objective of service: Production and Supply of will assess the extent to which Quotation and T-shirts for use by the Global Fund HIV Project Samples of T-Shirts submitted in response to this to SFH. ITB meet the evaluation criteria that are set forth below. In line with achieving the major objective for this mission, SFH invites interested and reputable The following criteria will be used to evaluate each companies to bid for the production and supply of bid; T-shirts under the listed Lot components (below): · Specification · Quality · Price (SFH is not bound to choose the lowest bidder/quote) · Delivery Date (Delivery cost should be embedded in the price of the T-Shirts) Specification and Quality of the T-Shirts will be assessed using the sample submitted and only the companies that submit the best quality that meet the specifications will be considered. Submission of Applications/Closing Date: The code “SFH/HIV-SHIRTS/PREQ” should be boldly written on the top right corner of the PreQualification Stage submission envelope while the code “SFH/HIV-SHIRTS/QUOTATION” should be boldly written on the top right corner of the Request for Quotation and Sample Stage submission envelope. Name of organisations tendering should also be clearly written on rear of the two envelopes, failure to do this will lead to disqualification. The two (2) sealed envelopes should be addressed to the following: The Head, Procurement Division, Society for Family Health (SFH) 8 Port-Harcourt Crescent Off Gimbiya Street, Area 11, Garki, Abuja. Note: Submission of bids must be hand delivered or couriered to the address above. The closing date for receiving the application is 10 working days from the day of publication excluding Public All the T-Shirts are to be delivered in SFH Holidays. Any application received after the Warehouse at, Block IV, Plot 24,25,26 & 27, Ogun stipulated Ten (10) working days will not be State Housing Corporation Estate, Off Idiroko accepted. Road, Ota, Ogun State. Companies are free to bid for any or all of the TERMS OF INVITATION TO BID above listed lots. Society for Family Health reserves the right to appoint or not to appoint any of the firms as it may A: Eligibility Criteria deem fit. Any firm appointed shall be subject to To be eligible for consideration, interested terms of engagement that may be entered on organisations must provide the following details: appointment as the supplier. P r o fi l e o f t h e o rg a n i s a t i o n , i n cl u d i n g organisation's certificate of incorporation, Bids sent via email will be disqualified. physical address, and contacts (telephone and Organisations should take account of the expected email). delivery time required, and are responsible to a) Tax Clearance Certificate for 2013, ensure that bids are received at SFH by the due date and time. Lost or misdirected courier packages 2014 and 2015 received after the due date and time may be b) Most recent audited account. c) E v i d e n c e o f p r e v i o u s s i m i l a r considered as having been submitted late. production and supply done (must Any questions and/or requests for clarifications include any or all of the following; in relation to this ITB must be submitted in Award Letters, Local Purchase Order, writing via email by no later than 5:00pm GMT Good Receipt Note) +1, within five (5) days of publication to:

B: Evaluation and Selection of the Supplier a) A technical panel will be constituted to review the submissions and shortlist applicants to proceed to the next stage of Request for Quotation based on the criteria listed above. b)

At this stage, a 'yes' or 'no' qualiﬁer will be used to rate all the points above, and only companies with a 'yes' response against all the points above will be considered.

itbgfhiv@sfhnigeria.org

Bids which are submitted late or are incomplete or do not fully respond to this ITB may not be considered in the review process. Only successful bidders will be contacted No advance payments will be made at the point of award. SFH will not pay Value Added Tax (VAT). Applicable Withholding Tax will be deducted from the winning Vendor's contract value

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Egypt’s President Says Church Attack was a Suicide Bombing Egyptian President AbdelFattah el-Sissi said Monday that a suicide bomber caused the blast that killed 24 Christians during Sunday Mass at a Cairo chapel adjacent to St. Mark’s Cathedral, the seat of Egypt’s ancient Coptic Orthodox Church. It was among the deadliest attacks to ever target Egypt’s Coptic minority, which makes up around 10 per cent of the country’s population and strongly supported the military overthrow of an elected Islamist president in 2013, which was led by el-Sissi. Since then, Islamic militants have carried out scores of attacks mainly targeting the security forces, while the government has waged a wide-scale crackdown on dissent. Speaking after a state funeral for the victims, elSissi identified the bomber as 22-year-old Mahmoud Shafiq Mohammed Mustafa, and said three men and a woman were arrested in connection with the attack, which wounded

49 people. Two other suspects were on the run, he added. El-Sissi did not link the bomber to any militant groups, but a top Interior Ministry official — police Maj. Gen. Tarek Attia — told The Associated Press that he was arrested in Fayoum province, southwest of Cairo, in 2014 on charges of being a member of the outlawed Muslim Brotherhood. The president spoke after Health Ministry officials revised down the number of victims to 24, suggesting that the 25th body belonged to the bomber. The victims are thought to include 22 women. No group has claimed responsibility for the attack. “This strike really hurt us and caused us much pain, but it will not break us,” el-Sissi said. “God willing, we will win this war.” He also called on the government and parliament to introduce legislation that would allow more “decisive” methods of dealing with militants. He did not elaborate. “As long as we are together as one, we will definitely win,

because we are people of goodness, not evil, and people of building, not destruction,” he said. The coffins were wrapped in Egyptian flags. Pope Tawadros II, spiritual leader of Egypt’s Orthodox Christians, and top government and military officials attended the funeral, held amid tight security provided by hundreds of army soldiers. Earlier on Monday, the Coptic community held its own funeral service. “God, protect us and your people from the conspiracies of the evil ones,” Tawadros prayed after waving incense over coffins lined up in front of the altar along with crosses made of white roses.“It is the destiny of our church to offer martyrs.” Only victims’ relatives were allowed to attend the service at the Virgin Mary and St. Athanasius church in the eastern Cairo suburb of Nasr City. Some screamed out in grief or shouted out victims’ names, while the rest sat in silence or quietly wept.

JOB OPPORTUNITY Position: Location:

M&E Adviser Abuja

Have you designed and implemented successful monitoring systems for a social change programme? Do you wish to take your career to the next level by applying monitoring and evaluation skills to achieve social change? If you do, then we have the right job for you. We seek to hire an experienced measurement expert to join our team as an M&E Adviser. This is a senior role that requires a highly analytical person with a strong drive to design and supervise implementation of programme monitoring and its use to inform decisions and strategies. Job Purpose Under the leadership of the Results and Measurement Lead, the M&E Adviser will lead in maintaining a robust monitoring system for the V4C programme, ensuring the monitoring tools used by delivery teams are effective, and monitoring data are collected in a rigorous manner and are of high quality. S/he will also make sure analysis/synthesis of relevant data are easily shared and used in reports and to inform programming. Key responsibilities Provide advice on the management and improvement of data management and monitoring system reporting, including supporting the delivery teams to continuously use data for quality improvement; and track progress towards achievement of targets; and routinely review data for use to improve programme delivery and management decision support Provide oversight and quality assurance of reporting against LogFrame targets Guide and support the design of appropriate information gathering, analysis and dissemination strategies and tools Inculcate a culture of data demand and information use (DDIU), including the provision of routine monitoring analyses Minimum Education and Experience 5+ years' experience in monitoring of social development programmes Appropriate software skills necessary to conduct analysis of large data, such as STATA, SPSS, or their equivalent Ability to communicate technical data to non-technical audiences Excellent writing and communication skills Excellent inter-personal skill Ability to work as a team member Proficient in Microsoft Office Suite and familiar with the use of databases Must be available for domestic travel Local candidates strongly preferred Available to work for up to 180 days from January to September 2017 For detailed Job Description and Application, follow the link: http://www.thepalladiumgroup.com/jobs Before you start the application process, please have ready your detailed CV and a tailored cover letter, which responds directly to the job description, highlighting relevant skills and experience making you most suitable person for the position. Only shortlisted applicants will be contacted for interview. Closing date for all applications: Tuesday 27th December 2016 For more information about V4C, please visit www.v4c-nigeria.com

TUESDAY DECEMBER 13, 2016 T H I S D AY

T H I S D AY TUESDAY DECEMBER 13, 2016

RETURNS ON UTILIZATION OF FUNDS SOLD TO CUSTOMERS FOR THE WEEK ENDED FRIDAY 9TH DECEMBER 2016 S/N

CUSTOMER

ITEM OF IMPORT

DATE OF FUND PURCHASE

CORONATION MERCHANT BANK

EXCHANGE RATE

USD AMOUNT

OLAM NIGERIA LIMITED

AGRICULTURAL MACHINERY FOR PROCESSING/ CLEANING COCOA BEANS

7-Dec-16

315.00

382,678.50

OLAM NIGERIA LIMITED

AGRICULTURAL MACHINERY FOR PROCESSING/ CLEANING COCOA BEANS

7-Dec-16

315.00

67,321.50

ADEYEMO ADEKUNLE

PTA

7-Dec-16

305.50

4,000.00

OLAM SANYO FOODS LIMITED

LC CHARGES

8-Dec-16

305.50

155.05

VIRAMSUN NIGERIA LIMITED

LC CHARGES

8-Dec-16

305.50

99.23

VIRAMSUN NIGERIA LIMITED

LC CHARGES

8-Dec-16

305.50

341.11

VIRAMSUN NIGERIA LIMITED

LC CHARGES

8-Dec-16

305.50

405.61

WACOT LIMITED (WACOT RICE LTD)

LC CHARGES

8-Dec-16

305.50

252.31

OK FOODS LIMITED

LC CHARGES

8-Dec-16

305.50

99.23

OK FOODS LIMITED

LC CHARGES

8-Dec-16

305.50

223.76

WACOT LIMITED(WACOT RICE LTD)

LC CHARGES

8-Dec-16

305.50

1,994.12

VIRAMSUN NIGERIA LIMITED

LC CHARGES

8-Dec-16

305.50

99.60

SUNRISE PRODUCTS LIMITED

LC CHARGES

8-Dec-16

305.50

99.39

VIRAMSUN NIGERIA LIMITED

LC CHARGES

8-Dec-16

305.50

439.43

VIRAMSUN NIGERIA LIMITED

LC CHARGES

8-Dec-16

305.50

478.75

VIRAMSUN NIGERIA LIMITED

LC CHARGES

8-Dec-16

305.50

100.03

DASCO ENGINEERING INDUSTRIES NIG LIMITED

LC CHARGES

8-Dec-16

305.50

99.70

DASCO ENGINEERING INDUSTRIES NIG LIMITED

LC CHARGES

8-Dec-16

305.50

99.70

DASCO ENGINEERING INDUSTRIES NIG LIMITED

LC CHARGES

8-Dec-16

305.50

99.70

DASCO ENGINEERING INDUSTRIES NIG LIMITED

LC CHARGES

8-Dec-16

305.50

99.70

OK FOODS LIMITED

LC CHARGES

8-Dec-16

305.50

1,482.79

OK FOODS LIMITED

LC CHARGES

8-Dec-16

305.50

423.78

WACOT LIMITED

LC CHARGES

8-Dec-16

305.50

101.20

WACOT LIMITED

LC CHARGES

8-Dec-16

305.50

101.20

CROWN FLOUR MILLS LIMITED

LC CHARGES

8-Dec-16

305.50

277.78

CROWN FLOUR MILLS LIMITED

LC CHARGES

8-Dec-16

305.50

217.85

OLAM NIGERIA LIMITED

FAT FILLED MILK POWDER (RAW MATERIAL FOR INDUSTRIAL USE)

9-Dec-16

315.00

160,000.00

1,800,000.00

OLAM NIGERIA LIMITED

FAT FILLED MILK POWDER (RAW MATERIAL FOR INDUSTRIAL USE)

9-Dec-16

315.00

VIK INDUSTRIES LIMITED

RAW MATERIAL - COPOLYMER

9-Dec-16

306.00

102,000.00

BHOJSONS PLC

AGRICULTURAL MACHINERY FOR CORN GRINDING MILL

9-Dec-16

306.00

6,409.08

BHOJSONS PLC

GLOBEPLUS BRAND ALTERNATORS

9-Dec-16

306.00

71,590.92

RETURNS ON SOURCES OF FUNDS SOLD TO CUSTOMERS FOR THE WEEK ENDED FRIDAY 9TH DECEMBER 2016 S/N

CUSTOMER

DATE OF FUND PURCHASE

EXCHANGE RATE

USD AMOUNT

OTHER SOURCES 1

6-Dec-16

305.00

1.63

OTHER SOURCES 2

7-Dec-16

314.50

450,000.00

OTHER SOURCES 3

9-Dec-16

314.50

1,960,000.00

OTHER SOURCES 4

9-Dec-16

305.50

200,000.00

TOTAL AMOUNT

2,610,001.63

AVERAGE AMOUNT

652,500.41

T H I S D AY • TUESDAY DECEMBER 13, 2016

TUESDAYSPORTS

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

Ronaldo Beats Messi to Win Fourth Ballon d’Or

Real Madrid forward Cristiano Ronaldo has won the prestigious Ballon d’Or award for a fourth time. Ronaldo, 31, helped Real Madrid win last season’s Champions League and scored three goals as Portugal won Euro 2016. It adds to the titles he won in 2008, 2013 and 2014. Ronaldo is now one behind Barcelona forward Lionel Messi, who received the honour in 2009, 2010, 2011, 2012 and 2015. The former Manchester United forward has scored 19 goals in 20 games for club and country this term, to add to the 54 he got last season. Ronaldo’s Real Madrid team-mate Gareth Bale finished sixth in the vote, while Leicester City striker Jamie Vardy - the only Englishman included on the 30-player shortlist was eighth. The Ballon d’Or is given to the best Europe-based player as voted by 173 journalists from around the world.

It has been awarded by France Football magazine every year since 1956, but for the past six years it became the FIFA Ballon d’Or in association with world football’s governing body. However, FIFA ended its association with the award in September. FIFA will hand out its own prize for the world’s best men’s player, along with the best women’s player and team of the year, at the Best FIFA Football Awards ceremony in Zurich on January 9. PAST WINNERS 2016-Ronaldo 2015-Messi 2014-Ronaldo 2013-Ronaldo 2012-Messi 2011- Messi 2010-Messi 2009-Messi 2008-Ronaldo 2007-Kaka 2006-Fabio Cannavaro 2005-Ronaldinho 2004-Andriy Shevchenko 2003-Pavel Nedved

Ronaldo with the Euro 2016 trophy he won with Portugal in June this year

Lagos Recruits 100 Volunteers for CAF Beach Nations Cup As part of the effort to organise a befitting 2016 CAF Africa Cup of Nations Beach Soccer Championship, Lagos State Government has recruited and trained volunteers and stewards for the event. The Beach Soccer Nations Cup is scheduled to hold at the Eko Atlantic City, Victoria Island from today through Sunday, December 18. The transparent recruitment process and training of the volunteers and the stewards were organised by the LOC

put in place by the host government. The committee is co-headed by the Special Adviser on Sports to the Governor of Lagos State, Deji Tinubu and former Director of Sports, Lagos State Sports Council, Kweku Tandor. Over 200 applicants submitted expression of interest for the volunteer jobs out of which 100 were selected at an exercise conducted at the media gallery and the main bowl of the Teslim Balogun Stadium, Surulere, Lagos.

The successful volunteers, who comprised graduates of Nigerian universities and polytechnics, secondary school leavers and others, were trained on discipline, etiquettes, interpersonal relationship, job description and first aid. According to the spokesperson of the volunteer sub-committee set up by the host city working committee, Uthman Okunnu, the successful volunteers are majorly to perform volunteering services during the games.

CHAMPIONS LEAGUE Last 16 Fixtures Man City v Monaco R’Madrid v Napoli Benfica v Dortmund Bayern v Arsenal Porto v Juventus Leverkusen v Atletico PSG v Barcelona Sevilla v Leicester

Hinton Ends Nigeria’s Domination of E’ Guinea Open Olawale Ajimotokan in Mongomo, E/ Guinea Englishman Craig Hinton, over the weekend, ended the threeyear grip of Nigerian players on 3e Actuaries Equatorial Guinea Open Championship, following a three-shot win at the Presidential Golf Course, Mongomo. Hinton carded an even par 72 in the final round to improve to 10 under par 278 for the tournament, beating Swede Peter Gustafsson. Zimbabwean Muthiya Madalitso finished third, five shots outside the lead while Xavier Puig of Spain came fourth at 3 under par 285. Two-time winner, Andrew Oche Odoh, improved with a borrowed set of clubs, but a 2 over par 290 overall score, could only take him to 11th position, 12 strokes behind Hinton. Another Nigerian, Gift Willy who won the 2014 tournament, finished in joint 15th with James Kamte of South Africa. The remaining six Nigerians that made the cut finished in the lower pecking order of the leaderboard. Aside from Odoh’s 69, most of the players failed to sparkle in the last 18 holes, leaving Hinton helped by his third round performance 65, a new course record, to cruise to victory.

He made two bogeys and two birdies that brought his birdie haul for the tournament to 19, enough to hand him the prize cheque of $24,000. He went into a charged celebration with the local students that gathered at the course after he was handed the trophy by Minister of Mission Alevandro Evuna, who represented the Equatoguinean President, Teodoro Obiang Nguema Mbasogo. “I am humbled to win here and I particularly enjoyed my trip to Africa. I struggled on

the final day when I dropped a few balls in the jungles and made two bogeys. All three of us- Gustafsson and Madalitso -struggled on the front, but I am happy I sealed it up on Saturday and will be excited to defend my title next year on this great layout,’’ Hinton said. Paz Echeverria of Chile overcame a final day charge by Paula Hurtado of Colombia and Luna Sobron of Spain for a four- shot victory in the ladies tournament. Echeverria, who initially hesitated in embarking

on the trip because of the long distance from home, grossed 2 under par 286 to claim the prize money of $24,000. “ It is a special victory for me because it is my last win in the year, coming before I take up a new job in January devoted to holding children’s clinic. I love Africa because my brother lived in Central Africa Republic for eight months, but I almost stayed back because of concern about the long hours of travelling, but I am happy it paid off,’’ Echeverria said.

FOR THE LOVE OF BEACH SOCCER… L-R: Chairman of Lagos State Sports Commission, Mr. Deji Tinubu; Chief Executive Officer of First City Monument Bank (FCMB), Mr. Ladi Balogun; Governor Akinwunmi Ambode of Lagos; music stars, Mr. Dapo Adebanjo (a.k.a D’Banj) and Mr. Peter Okoye of P-Square fame, during the celebrities match organised as part of the COPA Lagos Beach Soccer Competition sponsored by FCMB at the Eko Atlantic Beach, Lagos…last Sunday

Pupils competing in the swimming event of the 35th Interhouse Olympiad of Grace Children School, Gbagada, Lagos… recently

Grace Children School Marks 35th Annual Sport Fiesta It was a fun filled fiesta this past weekend as Grace Children School, Gbagada marked her 35th annual inter house athletic competition tagged the Grace Olympiad. According to the Administrator, Grace Schools Mrs. Tokunbo Edun, the 35th Grace Olympiad is the best athletic sporting event the school had so far as the school provided lots of innovative activities for the pupils to compete on. The pupils of the top notch school participated in various sports including various relay races, cricket and swimming competitions. Innovative games such as Hooparul, Bursting theballoon, Big-slippers race, dancing competition and cheerleaders display made the all day event colourful. Mr. Temitope Olotu, managing director, Abeje Foods who was the chairman of the occasion commended Grace Schools for taking the lead in the consistent provision of

sporting activities to enhance the children’s physical growth. In her comments the Head of School, Grace Children School, Dr Nike Akindayo, noted that education is not just about academics and that the school emphasizes the development of the total child. The pupils are given opportunities to express themselves and develop in the areas of intellect, physically and also socially in accordance with the education curriculum. Other special guests that witnessed the event were the Principal of Grace High School, Mr. Ronald Cilliers, Mrs Maryam Yahaya, Mrs. Toyin Odusote, Mrs Arome-Sule, Mr. Henry Ozulumba among other dignitaries and parents. The event which was officiated by top sporting officials from all over Lagos State was ably coordinated by the supervisor of the school, Mr. John Ibe and the Sports Master, Mr. Obioma Thomas. Corporate organisations such as Airtel, Domino Pizzas and Milo were available to add colour to the event.

T H I S D AY TUESDAY DECEMBER 13, 2016

BRAINS & HAMMERS PARTNERS LEGEND FOR FIBER-TO-THE-HOME DEPLOYMENT IN ESTATES ACROSS ABUJA Over the last few years, Brains & Hammers have revolutionized the real estate industry in Nigeria, by delivering unique, beautiful, yet highly functional buildings that are truly value for money – the perfect mix of superior design, exquisite craftsmanship and price. LEGEND, is an exclusive multi-media brand that offers Premium cable TV entertainment, unlimited Internet access, local and international voice calls, automated home management & security services, all on the same connection; an innovation in multimedia services, powered by fiber-optic technology infrastructure. Both institutions have decided to come together to equip over 3,000 houses in Abuja with future-proof fiber-to-the-home, which will open up a new world of possibilities for owners and residents of these properties. With Fiber in the home, a house can become a smart home through the ‘Internet of Things (IoT)’, where devices in the home are connected to the internet and are able to send and receive data. Through a Fiber-to-the-home connection, residents can control Wi-Fi and internet enabled appliances remotely, like cameras, ACs, lights; residents can also play music over their Wi-Fi across different rooms, with access to international radio and music stations; as well as stream and download as much content as they want on an ultrafast internet connection with no buffering. All these are made possible by Fiber-optic connectivity, which delivers truly unlimited internet, premium video content, call services and more on a single connection. This deployment will be the largest Fiber-to-the-home rollout in Sub-Saharan Africa and heralds a new era of better living for Nigerian home-owners. The Executive Director of Business Development for Brains and Hammers, Ifeoma Okoye, speaking of this partnership, says: “Brains & Hammers constructs houses with only the utmost attention to detail, creating buildings and communities that become reference points in the industry – both for individual homeowners and the industry at large. Professionally, our aim is to be a benchmark for the entire residential construction industry. We aim to be the real estate developer that other developers emulate, both in terms of our actual end products, and of our management/business approach.” LEGEND is a product brand of Suburban Fiber Company, a company that maintains strong foundations in the Nigerian multi-media space, with over a decade of pioneering and successful operations. The CMO of Suburban Fiber Company, Gabriel Gab-Umoden, speaking on the partnership, says: “The Legend brand offering is second to none in Nigeria, with a reliable network, superior entertainment and ancillary services all offered at price points that are accessible to a broad spectrum of the market. We have successfully rolled out our services to thousands of homes and satisfied customers, and we are eager to deliver true broadband to more Nigerian homes at such a large scale”. The project commenced in October 2016 and will be swiftly rolled out in all Brains & Hammers estates across the Abuja metropolis. With this landmark achievement, fiber-optic connectivity will become part of the blueprint for estate developments in the country going forward, as Nigeria looks to leap frog other developing nations in this regard.

###

In under a decade, Brains & Hammers has risen to become a market leader in the real

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Tuesday December 13, 2016

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MISSILE Buhari to Nigerians

“As we use the memorable occasion of this celebration to reflect on our current challenges, I urge you not to lose faith in the ability of this administration to make a difference in the lives of our people. The 2017 Budget proposals, which I will lay before the National Assembly on Wednesday, will contain measures that we are confident will get the nation out of its economic woods” – President Muhammadu Buhari appealing to Nigerians not to lose faith in the ability of his administration to make a difference in their lives.

TUESDAY WITH REUBENABATI The Yahya Jammeh Problem W abati1990@gmail.com

hen President Yahya Jammeh of The Gambia conceded defeat after the December 1, presidential election in that West African country of 1.9 million people, the gesture was widely hailed and described as an indication of great hope for democracy in Africa and particularly for The Gambia, which Jammeh had ruled with an iron fist for 22 years. That election was also perhaps the most important political development in The Gambia in 52 years - the first change of government through democratic elections. The winner of the presidential election, Adama Barrow, was the product of a coalition of opposition parties who provided the platform for the people’s yearning for change. Adama Barrow (the British press should please stop referring to him condescendingly as a former Argos’ security guard!) became the symbol of the people’s hopes, and of freedom from Jammeh’s tyrannical rule that was benchmarked by its brutality, love of witchcraft and human rights abuses. Jammeh’s concession made it seem as if all his past sins would be forgiven. But on December 9, he made a volte-face going on state television to say he could no longer accept the results of the election and that he had decided to annul the results. It is alleged that Jammeh may have resorted to this because of an alleged missing 365,000 votes and the adjustment of the final results by the Independent Electoral Commission (IEC) which showed that Adama Barrow had won with less than 20,000 votes, hence Jammeh cited “unacceptable errors” which had come to light. This, if of any consequence at all, seems contrived. If Jammeh as candidate in the election has any grouse, the appropriate place to seek redress is in court, and the Gambian Constitution provides for a 10-day window within which to file a petition. That 10-day period of grace expires today. By annulling the election single-handedly without recourse to the courts (the promise to do so by his party, the APRC, is an after-thought), Jammeh is guilty of an assault on the sovereignty of the Gambian people. His conduct is objectionable and should be considered an act of high treason. Jammeh suffers from the delusion that his love of power and personal ambition is more important than the stability and progress of his country. The people’s will as confidently expressed on December 1 is supreme. Jammeh should be made to realise that he is just another citizen and that The Gambia is not his personal estate. The African Union (AU), ECOWAS and the UN Security Council as well as the international community in general have condemned the infamy that Jammeh is seeking to foist on his people. But the AU and ECOWAS should take the lead in coming to the rescue of The Gambian people. The long-term objective, in case Yahya Jammeh does not relent, is to invoke the Constitutive Acts and Principles of both bodies on democratic transition and thus “criminalise” any further attempt by Jammeh to violate the democratic process. We appreciate the fact that ECOWAS leaders: chairperson Ellen Johnson Sirleaf of Liberia, and the Presidents of Nigeria (Muhammadu Buhari), Sierra Leone (Ernest Bai Koroma), Ghana (John Dramani Mahama) and Guinea (Alpha Conde) are in fact meeting with President Jammeh today in Banjul. They will also meet with opposition coalition leaders. The primary task of that team should be to bring all parties concerned to the negotiating table, insist on the supremacy of the people’s will and advise Yahya Jammeh to obey the rule of law. It is possible that he would refuse to listen. Before

now, this Gambian anti-hero has shown a capacity to defy the international community. He once turned himself into a herbal doctor and claimed he had found a cure for HIV/AIDS. In 2013, he pulled his country out of the Commonwealth. He is also opposed to the International Criminal Court (ICC). Ironically, the current chief prosecutor of the ICC is a Gambian, Fatou Bensouda. Yahya Jammeh is also an incurable megalomaniac, given his love of titles: H.E. Sheikh Prof. Dr. Alhaji President Yahya AJJ Jammeh Babili Mansa. On many occasions, he wanted to be Chairman of the ECOWAS, but his colleague-presidents always turned him down in favour of much junior presidents who met him in office. For a while he shunned many international engagements, sending his vice-president instead. To be fair to him though, he is not as stupid as he is made to appear internationally and he has probably realised that the game is up. But could Yahya Jammeh be playing a game, to negotiate, to gain amnesty? His relapse out of that moment of lucidity that saw him conceding defeat on December 2 may well have been caused not by his claim of “unacceptable errors”, but fear. The Gambian situation may end up providing special lessons in how triumphant opposition parties should manage victory in order not to provoke a succession crisis. Dictators in general are afraid of what will happen to them when they are no longer in power and hence, many of them hang on to office until they die or they are disgraced out. While the antidote to this is good governance, it is also pragmatic to situate certain responses within the context of post-election realities. In The Gambia, the post-election situation has been poorly managed. Jammeh and Barrow have met only once since the election was won and lost. They are practically not on speaking terms. The opposition, apparently due to lack of knowledge and tact, has also been busy threatening to deal with Jammeh as soon as he hands over power. Fatoumata Jallow-Tambajang, who led the victorious coalition has been busy taunting Jammeh. She is a perfect illustration of how much damage reckless windbaggery can do to opposition politics. Madame Fatoumata says Jammeh will be prosecuted. Gambia will rejoin the International Criminal Court and Jammeh will be sent to The Hague for trial. Jammeh says he’d like to retire to his farm in his native Kanilai, Madame says he will not be allowed to do so, because he has “bunkers and treasure” there and enough weapons to start an insurrection. He won’t even be allowed to go abroad. “He can’t leave. If he leaves, he’s going to escape us”, she says. And she adds: “we don’t trust him. The longer we leave him, the more possibilities he has to leave the country to escape the country and even do an insurgency…Senegal is very alert. Nobody trusts him…” She further referred to Jammeh’s wife as a “gold-digger” who should be put on trial and jailed. It is precisely this kind of reckless post-election rhetoric that threatens peaceful ruling-party-to-opposition-transition in Africa. Fatoumata Jallow-Tambalang’s tactlessness has to be managed. She and Samsudeen Sarr should shut up, at least for now! Yahya Jammeh’s response has just been as vengeful. He quickly promoted loyal officers in the military and got the military hierarchy to recant. He also sent soldiers onto the streets of Banjul and Serekunda and other parts of the country to subdue an already frightened populace. He had admitted the result of the presidential election as the “will of Allah”, but now he is

relying on his own will to protect and preserve himself. The early exposure of the mind of the opposition has driven Jammeh back into the trap of tyranny and unless the situation is well managed, we may have a serious crisis in The Gambia with a well-resourced dictator turned rebel. What is playing out in The Gambia right now is a two-way politics of vengeance, which leaves both the people and the governance process stranded. Getting the country out of that logjam should be the main remit of the ECOWAS mission. The ECOWAS leaders visiting Banjul must engage The Gambian military hierarchy. Jammeh is in the process of using them to carry out another coup. His first coup was against Dawda Jawara, 22 years ago, the current effort is designed as a coup against the people and the opposition. And even if he does not get away with it, he is determined to plant enough problems that would make The Gambia impossible to govern after his exit. Right now, The Gambian military has lost its mind. Chief of Defence Staff (CDS), General Ousman Badjie, endorsed the outcome of the 2016 presidential election and pledged loyalty to the people and the elected in-coming government, but after the bribery of military promotions, the same CDS started insisting on another election. A divided, psychopathic military is a serious problem to any country. We saw that in Guinea-Bissau and Mali. The ECOWAS team must make it clear to The Gambian military leaders that there will

be no regional backing for any act of lunacy. ECOWAS has its own problems. Oftentimes, ECOWAS leaders succumb to unnecessary compromises. They should not return from The Gambia with any unholy compromise. Yahya Jammeh lost the election on December 1. He boasted before then that any election in The Gambia is “rig-proof” and “fraud-proof”. In four previous elections, he won with a landslide. Now, all of a sudden, elections conducted under him are no longer “rig-proof”. He should pack out of the Presidential Villa and allow The Gambia to move on without him. He is the latest victim of coalition opposition politics in Africa. His defeat should send a clear message to the other sit-tight, royalist leaders across the continent. The long-term solution to the Yahya Jammeh problem should be the introduction of a Constitutional term limit for The Gambian presidency to prevent Jammeh from ruling as he once claimed for “one billion years!” Above all, Yahya Jammeh is a spoilsport. He jumped out of his moment of lucidity just when we were celebrating the good news from Ghana. John Mahama is Ghana’s first one-term democratically elected president since 1992, but he has been gallant in defeat and most gracious. There is no chance he will behave like Jammeh. He is educated. He has a good head. He is a thinker and a writer. He certainly has a brighter future ahead of him.

THE WANING NEWSWORTHINESS OF CONCEDING DEFEAT...02

ARE YOU TELLING ME THE LACK OF APPLAUSE FOR MY WILLINGLY CONCEDING DEFEAT HAS SOMETHING TO DO WITH THE SHOCK EMERGENCE OF TRUMP AS AMERICAN PRESIDENT?

WELL, THAT’S ABOUT TO CHANGE!

I’M GOING TO “UN-CONCEDE” DEFEAT, IF THERE’S ANY EXPRESSION LIKE THAT!

YES SIR, …BECAUSE NOTHING COULD SURPRISE THE POLITICAL WORLD AFTER THAT!

WHAT DO YOU MEAN, SIR?

YES, SIR! …I THINK IT SOUNDS LIKE THE NEW DEFINITION OF “DISGRACE”!

13-12-16

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