Tuesday 10th January 2017 by THISDAY Newspapers Ltd

FG Rules Out Electricity Tariff Hike for Now Says TCN’s wheeling capacity is now 7200MW Chineme Okafor in Abuja The Federal Government has said that it will not approve a fresh electricity tariff hike

at least for now, stating that it is still meeting with stakeholders in the country’s electricity sector, including the World Bank to provide

some level of interventions to the market. Speaking on Monday in a Channels Television Talk Show, Sunrise Daily, which

was monitored in Abuja, the Minister of Power, Works and Housing, Mr. Babatunde Fashola, said the government was meeting with the World

Bank to find solutions to the financial challenges of the power sector. Fashola by this, confirmed a THISDAY report in

December 2016 that the government and the World Bank had initiated efforts Continued on page 6

Oil Marketers Raise the Alarm over $1bn Banks' Debt…

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Tuesday 10 January, 2017 Vol 21. No 7936. Price: N250

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TODAY'S WEATHER

ABUJA 16°C-33°C

MAIDUGURI 15°C-35°C

UT H

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ENUGU 22°C-34°C

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PORT HARCOURT 20°C-30°C

He Flew Too Close to the Sun and Melted, Obazee Sacked Buhari orders re-constitution of FRCN board Suspends controversial governance code that ousted Adeboye and sets term limit for Sultan as leader of Moslems Tobi Soniyi and James Emejo in Abujaand Obinna Chima inLagos It was a Tsunami of sort at the Financial Reporting Council of Nigeria (FRCN) yesterday as President Muhammadu Buhari

removed and replaced its Executive Secretary, Mr. Jim Obazee. The president also ordered the reconstitution of the council’s board that had been in abeyance. Continued on page 6

Senate Passes 2017-2019 MTEF on Thursday Commences deliberations on 2017 Budget next week

Omololu Ogunmade in Abuja As the National Assembly resumes from its three weeks of Christmas and New Year break today, the Senate has announced its preparedness to pass the 2017-2019 Medium Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP) this week to pave

the way for deliberations on the 2017 budget. According to information obtained from the Senate's Order Paper last night, the upper chamber will begin the consideration of the 2017 budget next week while the MTEF has been listed on the Continued on page 6

8 Killed in Suicide Bomb Attacks on Maiduguri… Page 10

FOR PEACE IN THE GAMBIA

R-L: President Muhammadu Buhari; Former President of Ghana, Mr. John Mahama; President of Liberia, Mrs. Ellen Johnson; and President of Senegal, Mr. Macky Sall, after the meeting on the political situation in The Gambia at the Presidential Villa, Abuja… yesterday state house

TUESDAY JANUARY 10, 2017 T H I S D AY

T H I S D AY TUESDAY JANUARY 10, 2017

TUESDAY JANUARY 10, 2017 T H I S D AY

T H I S D AY TUESDAY JANUARY 10, 2017

TUESDAY, january 10, 2017 • T H I S D AY

PAGE SIX HE FLEW TOO CLOSE TO THE SUN AND MELTED, OBAZEE SACKED Although the president’s Senior Special Assistant on Media and Publicity, Garba Shehu, who announced the council’s leadership change did not give reasons for the presidential action, THISDAY checks yesterday pointed at the council’s implementation of the National Code of Corporate Governance for Not-for-Profit Organisations, which led to the stepping down of the General Overseer of the Redeemed Christian Church of God, Enoch Adeboye, as head of the church in Nigeria, last weekend as the possible reason. By setting term limit for heads of Not-for-Profit Organisations, including religious bodies, observers said yesterday, that it was a matter of time before the code would be extended to other faith leaders like the Sultan of Sokoto, Alhaji Sa’ad Abubakar, who would have stepped down in 2026 as the President-General of Nigerian Supreme Council for Islamic Affairs, having mounted the saddle of leadership in 2006. This way, THISDAY sources said, Obazee, whose agency was also used by the Goodluck Jonathan administration to suspend and remove former Governor of Central Bank of Nigeria, Mr. Sanusi Lamido Sanusi, now Emir of Kano, overreached himself. Unknown to many people, Obazee had the ambition of becoming the governor of the CBN, a position he was said to have lobbied for after the removal of Lamido. Sources said not even the appointment of Godwin Emefiele as the apex bank helmsman dampened his vaulting ambition as he was said to have gone to the extent of procuring negative reports to undermine the incumbent governor, hoping to benefit from Emefiele’s ouster. Sources at the Ministry of Industry, Trade and Investment,

which supervises the FRCN, however, told THISDAY that Obazee’s intransigence and defiance of the minister, Dr. Okechukwu Enelamah’s, directive that the council softpedaled over the implementation of the code, which had attracted criticisms and widespread opposition from not just NFPOs but also corporate bodies, did him in. On the heels of the executive secretary’s sack came the suspension of the controversial code by the federal government yesterday. Shehu in a terse statement said the president had appointed a new chairman and a new executive secretary for the council. The new chairman, according to him, is Mr Adedotun Sulaiman, MFR, a former Managing Partner/Director of Arthur Anderson and later, Accenture. He is a Chartered Accountant and a product of the University of Lagos and Harvard Business School. In place of Obazee, the president appointed Mr. Daniel Asapokhai as the new Executive Secretary of the Council. He is a partner and a financial reporting specialist at the PricewaterHouseCoopers (PWC), Nigeria. He is a product of the University of Lagos and the University of Pretoria. Shehu said the president had also instructed the Minister of Industry, Trade, and Investment to invite the 19 ministries, departments and agencies of the federal government and private sector organizations specified in the FRC Act to nominate members of the board of the council. Since the Council initiated the unified National Code of Corporate Governance (NCCG) in 2013, the policy had been enmeshed in controversy, whereby some private sector operators dragged the FRCN

to court. A Federal High Court had in 2015 granted an interim injunction against the FRCN, which led to the postponement of the public hearing of May 19, 2015. Thereafter, the Court struck out the case for lack of locus standi by the claimant and vacated the injunction. Following a court ruling in its favour last year, the Council in October 2016 released the NCCG for Private Sector as well as Not-for-Profit Organisations, and deferred the Code for Public Sector. While the commencement date of the Code was October 17, 2016, the federal government had suspended its enforcement barely three weeks after commencement. The federal government perceived the Code as being capable of disrupting the management of companies and with the potential of increasing the cost of doing business in Nigeria. Thus, the federal government suspended the enforcement of the Code barely three weeks after its commencement, a decision which was lauded by some investors and shareholders' groups. But the Council, which said it derives its powers to enforce corporate governance from Section 50 of the FRC Act, 2011, which among other things requires the directorate of Corporate Governance to develop the principles and practices of Corporate Governance applicable in Nigeria, went ahead with the implementation. Following Obazee’s intransigence and insistence on implementing the code, Enelamah was said to have queried him sometime in September last year, asking him to explain why he should not be disciplined for acting

contrary to the policy of the federal government on the implementation of the code. His response, which justified the FRCN position was said to have enraged the minister who bided his time, waiting for his chance to deal with his recalcitrant staff. Enelamah’s chance came last weekend when the enforcement of the Code led to the stepping down of Adeboye and the attendant controversy. The development has continued to attract a lot of debate among Nigerians, especially on all the social media platforms. Adeboye, it was gathered referred to the corporate governance code as he announced his decision to give up his position. A source at the FRCN told THISDAY yesterday that the Vice President, Prof. Yemi Osinbajo, as well as Enelamah, who are both pastors in the RCCG, were irked by the enforcement of the FRCN's code.

Obazee is also a Pastor at the RCCG. Attempt to reach Obazee proved abortive as his phone was switched off. When contacted, his media consultant, Mr. Mark Ogbomosa, declined to comment. Meanwhile, the Minister of Industry, Trade and Investment, yesterday said the federal government had suspended the controversial Corporate Governance Code issued by the FRCN. He said the decision was to allow for a detailed review and extensive consultation with stakeholders as well as reconstitution of the board of the FRC. "Government remains committed to restoring and enhancing market confidence and improving the Ease- ofDoing-Business in Nigeria,"

FG RULES OUT ELECTRICITY TARIFF HIKE FOR NOW to bail the country’s power sector from the existing liquidity challenges threatening its survival. Also, the Nigerian Electricity Regulatory Commission (NERC) is expected to, this month, announce new costreflective electricity rates to reflect current operational indices in the industry. Statutorily, NERC undertakes periodic reviews of the tariff to factor in changes in operational indices like foreign exchange and inflation rates, price of gas for power, as well as changes

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in generation capacities. Fashola, however, said that if the government’s deliberations with the World Bank on the financial challenges of the market end well, Nigerians would be protected from a possible electricity price hike. He said: “Government still has to deal with how to stabilise the value of the naira to the dollar, and again that will be impacted by how much money we get from oil production, which is still our major foreign income earner. We have used our leverage in OPEC to get OPEC to agree to a production cut, which heralded a price rise but can we as a protagonist take advantage of this by stopping to fight? “People must be clear that if government accepts the recommendations that we will make to intervene, it is not to give the Discos a golden parachute, but first to protect citizens from price hike in terms of power for now and also to keep the subsectors so that they don’t lose their businesses.” Fashola provided an insight to the deliberations with the World Bank, saying: “You would have heard that there are liquidity issues in the power sector that came

from the way the privatisation itself was structured, essentially through bank loans. Most of the people who bought them had very little if any skin in the game in terms of their own private equity.” He said technically, the banks owned the power assets, explaining that that was part of the problems of the Discos because of their debt burden, which had made it difficult for them to get more money to expand their distribution assets, their transformers and to get meters. The minister explained: “Now all of that underperformance is not necessarily only their faults, it is also the way the economy has played out. Assets they bought and loans they took at N197 to a dollar has certainly lost value. We had a tariff increase to cushion that effect but all of that was almost wiped out by the depreciation in the naira to the dollar. “Gas as a component of power production is indexed in dollars but the collection is in naira, so the bills that you could pay if you need only N200 to pay, you now need N400 to pay and you can’t increase the tariff to deal with that and those are the liquidity gaps.”

He explained further: “What we have seen in many parts of the world where these things have taken place, [is that] there have been a transitional funding support and when we recommended it or proposed it to the World Bank, they looked in their books and saw very correlative historical precedents that government still needs to intervene but not necessarily by giving money to the Discos and this is not a concluded policy, but perhaps in a way in helping them manage their debts with certain conditions either in governance, diminution of shares, requiring them to recapitalise or take some technical expertise.” Fashola also said that the Transmission Company of Nigeria (TCN) had increased its electricity wheeling capacity to 7200 megawatts (MW), claiming that the transmission network was no longer the weakest link in the sector as often stated by stakeholders. According to him: “The generalisation about the grid not been able to carry what we generate is really an inaccurate reflection of realities. We have expanded the grid; additional projects are going on, and the Kudenda substation in Kaduna is part of the grid expansion.”

he said in a statement by his Special Adviser on Strategic Communication, Ms Constance Ikokwu. Enelamah added: "Government is committed to strengthening the FRCN and enhancing its capacity to fulfil its core mandate.” FRCN is one of the parastatals under the supervision of the Ministry of Industry, Trade and Investment and it is responsible for setting and promoting compliance with standards for accounting, financial reporting and auditing in Nigeria. It also regulates the practices of professionals involved in financial reporting and promotes good practices in financial reporting and corporate governance in Nigeria.

Obazee and Controversy with the Church The recent resignation of Adeboye as the GO of the RCCG, Nigeria was a direct fallout of the implementation of the corporate governance code which limited the tenure of heads of non-governmental organisations, including churches. The suspension of the code may see Adeboye re-emerge the general overseer of the Nigerian establishment. Only recently, Obazee had warned that religious bodies particularly churches which are currently registered with the Corporate Affairs Commission (CAC) as 'Non-Profitable' organisations might be stripped of that status and rather listed as profitable entities if they fail to make their financial transactions public. He had further told THISDAY in an interview in Abuja that religious institutions currently objecting to making their financial conducts public were violating sections of the CAC Act, which they had signed at the point of registration that they would hold Annual General Meetings (AGM) and submit their financial conducts for public scrutiny. But religious bodies feel it is wrong to be compelled to disclose their accounts publicly and are currently in court against the FRC to seek redress.

But Obazee had insisted that the churches do not have strong grounds not to make their financial statements public. He said: "You have to render stewardship and that's our major challenges with the churches. We are insisting that non-profit organisations should prepare their accounts and send to us and churches are in court fighting us. "But we are wondering why ordinarily people who are teaching you how to account to God, how you run your life, are refusing to account to stakeholders how they managed funds that are received from people who believe in the objectives that they are pursuing." According to the FRC boss: "Government business is to protect its citizens and the same citizens are the ones putting money in all these non-profit organisations; so we want to know how accountable they are. And if they pursue non charitable activities like running schools, hospitals, airlines and all of that, we want them to account for those ones separately." According to him: "Organisations that are talking of not bringing their accounts now are churches-religious organisations; but they don't really have a very strong platform to stand on-we will do one more workshop to educate them and then; we are government institutions-we will call on the corporate affairs commission to start delisting them. "They are registered with the corporate affairs commission because if you are registered with the corporate affairs commission under part C as a non-for-profit organisations and you refuse to be accountable, because when they do their registration, they put within the registration document they give to CAC that they'll be holding annual general meetings and presenting to their members audited financial statements." He said: "So if they refuse to prepare their accounts, and we lay this before the CAC, they'll delist them and once they delist them, they cease to be non-for-profit, they become with profit and so every of their collections will now be subject to tax."

SENATE PASSES 2017-2019 MTEF ON THURSDAY Order Paper for passage on Thursday. The Senate will also consider the hike in airfares along with the consideration of poor state of the airport this week. THISDAY learnt yesterday that the Joint Senate Committee on Finance and Appropriation handling the document was tidying up legislation on the MTEF and consequently warming up to submit its report for onward consideration and eventual approval by the chamber. Making the disclosure to THISDAY during a telephone conversation, the committee chairman, Senator John Enoh, said all things being equal, the committee would present its report on the document to the Senate this week for approval and passage. "Well, all things being equal,

we'll submit the report. We only have one or two things to do on it. If we don't submit it this week, we'll do so next week," Eno stated. However, another source who did not want to be named, assured that the document would be ready for consideration and passage this week. The federal government had on December 13, 2016, submitted a revised version of 2017 -2019 Medium Term Expenditure Framework (MTEF) and FSP. In the new document, the government increased the projected N6.866 trillion 2017 budget to N7.298 trillion. It also predicated the budget on an exchange rate of N305/$, from the initial N290. Continued on page 8

T H I S D AY TUESDAY JANUARY 10, 2017

TUESDAY, january 10, 2017 • T H I S D AY

STARTERS

Nigerian Creatives Disrupt Art Industry Maya Horgan Young Nigerian creatives are carving out an entirely new space in the art world. Lagos has experienced an artistic explosion over the last 5 years, with a new school of thought and expression overtaking the city. Those behind it emerge from the same soil that birthed Fela Anikulapo-Kuti and inspired the voice of Nobel Laureate, Wole Soyinka. As this artistic revolution gains traction, entrepreneurs have begun to capitalize on opportunities to showcase the creative talents. The response has been massive, with ventures such as the Arthouse Foundation, Nigeria’s premier auction house and artists' residency, seeing annual sales of up to $1.4 Million USD. Nigerian-made art has a rich history dating back to 1000 BC. It was motivated by religious devotion, and driven by the skill of various artisans who produced sculptures and wooden carvings. One of most prominent of these ancient eras is Nok art, famous terracotta sculptures most often depicting men in a warrior or kneeling stance. Art of these times was either functional or religious. In the late colonial era, a crop of Nigerian artists known as the “Zaria Rebels” gave definition to the practice of meshing ancient indigenous art such as Nok with contemporary religious design and western technique. This became known as “natural synthesis.” The group consisted of Nigeria’s most influential 20th century artists including Uche Okeke, Yusuf Grillo and Bruce Onobrakpeya. The Zaria Rebels chose a deliberately subversive collective identity to challenge their westernized education in fine arts. Bruce Onobrakpeya later explained: “We thought that the idea of just using the western art technique without relating it to our culture wasn’t right.” Today, a new crop of young Nigerian artists band together, similar to the Zaria Art Rebels, but with a new objective: to challenge the status quo of the rapidly expanding Nigerian art establishment. They call themselves the “F—- Art Collective” and they seek to disrupt what they perceive as the restrictive dialogue of Lagos’s galleries and auction houses.

NEWS Oil Marketers Raise the Alarm

over $1bn Banks’ Debt Major and independent marketers of petroleum products have raised alarm over outstanding subsidy claims incurred during the subsidy regime, saying their indebtedness to banks is now a whopping $1billion. Page 9

EDITORIAL Death By electrocution

While it is gratifying that the electrical fault that led to the death of no fewer than 14 persons at a particular section non Ikorodu Road in Lagos has reportedly been fixed… Page 15

POLITICS Fayose’s Endless Travails

Ekiti State Governor, Ayodele Fayose, appears to be permanently in crisis mode as yet another is knocking right at his door, writesVictor Ogunje Page 16

FEATURES Kano's Model Policeman An artpiece by Olatunde Alara What is striking about this new kind of Nigerian artist is a clear break in the way they conceptualize their works. In order to bridge the gap between indigenous and modern art, the Zaria Rebels sought to synthesize African forms with western techniques. However, for the F. A. Collective, Africanism is not on the agenda. What this group is interested in is free and authentic self-expression. Though their choice of name may seem like a contradiction, the artists in this collective refuse to shy away from it. They insist that their objective is not to dismiss the pursuit of art but rather to express their feeling of disassociation from the more formal artistic community in Nigeria. This passionate group of three:

Ifedoyin Shotunde, Olatunde Alara and Dricky Stickman, are presenting their first group exhibition at the boutique residence and creative collaboration space, 16/16. 16/16 owner and artistic director, Tushar Hathiramani, sees the venue as a melting pot for a new crop of creatives and thinkers in Nigeria. Likening the artistic explosion taking place in the city to the Harlem Renaissance and the Detroit techno movement, he believes that the slowdown in the Nigerian economy will create an availability of free and affordable spaces for creative expression to thrive. The exhibition began on the 30th of December 2016 and would last for two-weeks. • Culled from Huffington Post

SENATE PASSES 2017-2019 MTEF ON THURSDAY Whereas it retained the 2.2 million barrels per day oil production volume and $42.50 per barrel oil benchmark, the executive arm increased domestic borrowing projection from N1.072 trillion to N1.253 trillion. It, however, reduced foreign borrowing under the revised MTEF from N1.336 trillion to N1.067 trillion. It also increased aggregate capital expenditure from N1.939 trillion to N2.243 trillion and raised recurrent non-debt from N2.5 trillion to N2.629 trillion, but put its revenue target at N10 trillion. Recurrent expenditure was revised to N1.66 trillion. The executive arm is also projecting a budget deficit of N2.3 trillion in 2017 as against N2.4 trillion in the 2016 budget. While defending the revised document before the Joint Senate Committee on Finance and Appropriation, the Minister of Budget and National Planning, Senator Udoma Udo Udoma, said the government had opted to increase the budget projections from N6.9 trillion to N7.3 trillion because Nigeria could only end the recession if more money was pumped into the economy. He also said the 2017 budget would be financed through an early licensing round, royalties, promissory notes, and

Two-Minute Briefing

loot recoveries. Udoma said the federal government would award new oil licences, review the current joint venture arrangements with oil companies, marginal oil fields and mount pressure on revenue generating agencies to exceed expected targets. According to him, of the N10 trillion revenue target, N5 trillion would be generated from the sale of crude oil, while the balance of N5.06 trillion would be generated from non-oil receipts. He said non-oil revenue would come from corporate and company taxes, Nigeria Liquefied Natural Gas (NLNG) Company, stamp duties, capital gains tax, value added tax (VAT), customs, excise, fees, surcharges on luxury items, special levies and federal government independent revenue. Udoma added: “I know N7 trillion seems larger than N6 trillion. But in actual dollar terms, the 2017 budget is smaller. We have had challenges in revenue generation in funding the 2016 budget, so we are trying to get to the bottom of revenue generating agencies in order to raise more money. “On independent revenue expected from revenue generating agencies, we need to

work with the National Assembly. The issue of 80 per cent of operating surplus is a problem that must be paid to the Consolidated Revenue Fund. We need to work with the National Assembly to review certain clauses of the law. We need to be more imaginative and creative in order to get out of the problem that we have with revenue generating agencies. “We want to issue a presidential order to ensure that revenue generating agencies are unable to spend money, except the payment of salaries until their budgets are passed. “We want to be more engaging in the Niger Delta to ensure that there is peace in order for us to produce more crude oil. We will be increasing the amount for the Amnesty Programme to the old figure. It is important to engage the people in the Niger Delta region.” The Senate will also consider the mindless killing of innocent Nigerians in Southern Kaduna while it also plans to address the poor state of Nnamdi Azikiwe International Airport including the preponderance of obsolete equipment and flagrant cancellation or delay of flight schedule.

Ibrahim Shuaibu writes on the recent two-day official visit of the Inspector General of Police, Mr. Ibrahim Idris, to Kano and how he lauded the 35-year-old Divisional Police Officer, Daniel I. Amah for being a model policeman Page 18

BUSINESS How International Pricing

of Cooking Gas Escalated Domestic Price The practice whereby LPG better known as cooking gas, is supplied to the Nigerian market at international price, has been blamed for the current escalating cost of the product at the domestic market. Page 21

PROPERTY ‘Compel Engineers to

Practice in Areas of Core Competence’ To put behind the nation last year’s gory tales of structural defects and building collapse, the FG has been advised to compel engineers in the country to practise only in their areas… Page 28

INTERNATIONAL Bashar al-Assad: Everything on Table in Astana Talks Syrian President Bashar al-Assad has declared that his government is ready to negotiate “on everything” during upcoming talks in Astana, Kazakhstan, brokered by Russia andTurkey. Page 32

SPORTS Uzama: Infantino Commiserates

with NFF FIFA President, Gianni Infantino, has written to NFF President, Amaju Pinnick, to commiserate with Nigeria over the killing of former youth international, Douglas Uzama. Page 46

TUESDAY, JANUARY 10, 2017• T H I S D AY

NEWS

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

Oil Marketers Raise the Alarm over $1bn Banks’ Debt

Accrued interest hits N160bn Warn of imminent fuel queues

Ejiofor Alike Major and independent marketers of petroleum products have raised alarm over outstanding subsidy claims incurred during the subsidy regime, saying their indebtedness to banks is now a whopping $1 billion. They also warned that unless the claims were paid, they could kill not only their businesses but also worsen the liquidity crisis in the banking sector with the attendant unsavoury implications for fuel supply nationwide. In a communiqué issued at the end of their meeting in Lagos yesterday, the marketers under the aegis of Independent Petroleum Products Importers (IPPIs) noted that the $1 billion outstanding debt was money borrowed from banks to fund importation during the subsidy regime and has accumulated an interest of N160 billion because of the failure of the federal government to pay the interest on the loans as agreed. The marketers, comprising Major Oil Marketers of Nigeria (MOMAN), Independent Petroleum Marketers Association of Nigeria (IPMAN), and Depot and Petroleum Products Marketers Association (DAPPMA), said their inability to pay or service the loans, has not only stalled importation of fuel by the private marketers but is also threatening the operations of the affected banks and the country’s financial system. “Government through the Central Bank of Nigeria (CBN) has initiated intervention programmes for strategic sectors such as agriculture, manufacturing, petroleum

products importation, and aviation. The CBN’s intervention programmes are primarily to stimulate growth in Nigeria’s foreign exchange (forex) earning capacity, and to prevent collapse of the banking system due to the huge exposure of the banks. The CBN has also offered foreign exchange to IPPIs under a special window aimed at liquidating outstanding matured Letters of Credit at an exchange rate of N305. However, the exchange rate of N197 when Letters of Credit were initially opened for IPPIs and transactions concluded and the current CBN offer rate of N305 is an increase of 55 per cent and a significant rate differential,” the marketers explained. They said: “This means that for every 15,000 metric tonnes of petrol imported by the IPPIs at a rate of $500 per MT and whose foreign exchange differential claims have not been paid then it means that the cargo of 15,000MT imported at the N197 rate will now be given foreign exchange at the rate of N305. By implication a cargo of 15,000MT at $500 per MT is S$7,500,000 or N1, 477,500,000 at N197 rate or N2, 287,500,000 at N305 rate. If these outstanding payments to IPPIs are made at N305 they would suffer a loss of N810, 000,000 per 15,000MT cargo of petrol. Government’s delay in paying debts to IPPIs and the difficulty they face in procuring forex at equitable rates will likely see the extinction of many of the IPPIs in 2017 thereby creating petroleum products shortages and attendant insecurity,” the marketers added. The marketers said the problem of the banks was

compounded by the fact that they provided billions of dollars to finance the importation of cargoes of petrol by IPPIs. “They opened Letters of Credit at approximate exchange rate of N197 per dollar. Petrol cargoes were supplied and sold by the IPPIs at the selling prices approved and subsidised by government and the subsidy payments were calculated using the above exchange rate. Now at the beginning of 2017, the banks have not liquidated the Letters of Credit from 2014 because of lack of foreign exchange from the government. The outstanding matured Letters of Credit are currently over $1billion. The Nigerian banks involved and

the entire Nigerian banking system is at risk on account of these transactions,” said the marketers. The communiqué, which was signed by their Legal Adviser, Mr. Patrick Etim, added that there is little evidence that the government has seen the risks in further delaying the payments under the subsidy scheme. “The exposed situation of the banks is exacerbated by the current trends in the petrol market. When the fixed pump selling price of petrol was increased from N97 to N145 per litre in May 2016, it was based on an exchange rate of N285 resulting in a 45 per cent increase. On June 20,

2016 the Naira was devalued from N285 to N305, which is an increase of seven per cent but the fixed pump selling price of petrol has not been increased. This means that petrol must be subsidised,” the marketers added. “A key term of the government’s contract with IPPIs is that the subsidy payments shall be paid to IPPIs within 45days of discharge of petrol cargo. It was also agreed that after 45 days the government shall pay the interest charges on the loans taken by the IPPIs to finance the importation of cargoes of petrol. The outstanding interest payments owed to IPPIs is currently over N160 billion,”

said the marketers. The communiqué added that the outstanding claims arose largely from importation of petroleum cargoes authorised by the administration of President Goodluck Jonathan’s government, stressing that since government is a continuum, the contracts of the President Jonathan’s government will remain binding on successive governments. The marketers appealed to the government not to allow its inactions in handling the critical issues facing banks, airlines, manufacturers, electricity companies and other businesses expose consumers to suffering, adding that honouring contract agreements would help boost local and foreign investments.

HERE COMES 2017 BUDGET

L-R: Chairman, House Committee on Appropriation, Hon. Rotimi Olowo; Lagos State Governor, Mr. Akinwunmi Ambode; Commissioner for Finance and Economic Planning and Budget, Mr. Akinyemi Ashade; and Secretary to the State Government, Mr. Tunji Bello, during the signing of the 2017 Appropriation Bill into law at the Conference Room, Lagos House, Ikeja....yesterday

Buhari to Lead Another Delegation to Gambia to Persuade Jammeh to Hand over Power Nigeria turns down country’s request to send judges to sit in Supreme Court

Tobi Soniyi in Abuja

President Muhammadu Buhari will again lead a delegation of the Economic Community of West African States (ECOWAS) to The Gambia tomorrow to persuade President Yahya Jammeh to handover peacefully on December 19th to Adama Barrow, the winner of the December 1, 2016 presidential election. This is one of the decisions reached after a meeting of ECOWAS leaders held at the State House in Abuja yesterday. Briefing journalists after the meeting hosted by Buhari and attended by the Liberian President and the chair of the ECOWAS authority, Ellen Johnson Sirleaf, Senegalese President Macky Sall and immediate past President of Ghana, John Mahama, who is the co-Mediator in resolving The

Gambia’s political impasse, the Foreign Affairs Minister, Geoffrey Onyeama, who read out the communique of the meeting said the meeting deliberated on the current state of affairs in The Gambia and shared views on the way forward. He said the leaders also agreed to respect the constitution of that country. The minister said the West African leaders expressed concern at the growing tension in the country and condemned the clampdown on the media. The communique stated that the leaders “agreed on the determination to resolve The Gambian political crisis in a manner that every step of the way conforms with the constitution of The Gambia and respect the will of the people of The Gambia. “They expressed particular concern at the deteriorating

situation that has been reported in respect of security in The Gambia in particular, the closure of some of the radio stations and media and house, arrest that have been taking place and also the refugee situation that is being created with the mass exodus of a large number of people to the interior and to neighbouring countries. “In view of this, the meeting agreed that a certain number of presidents will visit in two days time, President Jammeh in The Gambia and that again will comprise the mediator President Buhari together with the President of Liberia and hopefully, the President of Sierra-Leone and the comediator the former President of Ghana (John Mahamma) as well as the President of the ECOWAS commission, the Special Representatives of United Nations and also a

Representative of the African Union. So, this meeting will take place in two days time on Wednesday to discuss with President Jammeh the imperative the constitution.” This is the second term the delegation will travel time the Gambia. Jammeh had reportedly closed down four radio stations. Two private radio stations in the country, Hilltop Radio and Afri Radio, were forced to go off the air without explanation, this was shortly after Taranga FM was shut down. Also present at the meeting were the Presidents of the ECOWAS commission and also the Special Representatives of the United Nations Secretary General who happens to be the head of the UN office for West Africa and the Sahel. Meanwhile, plans by President Jammeh to use the Supreme

Court of the Gambia and justices of the Supreme Court of Nigeria to set aside the victory of Barrow at the December 1, 2016 presidential election may have hit the rock as Nigeria declined his request to nominate judges to sit at the court. A letter from the Office of the Acting Chief Justice of Nigeria, Justice Sylvester Onnoghen to Justice Emmanuel Fagbenle, the Chief Justice of The Gambia, stated that it was not convenient for Nigeria to release any of its judges to go and sit at the Supreme Court of The Gambia at present. The letter, which is dated January 5, 2017 with Ref. CJN/ JAC/A63/T/322 was titled Re: Sitting Session of the Supreme Court of the Republic of the Gambia. The letter read: “I write in response to your latter Ref. No. ZD 133/215/01/P.IV/(203) on the

above matter dated December 21, 2116 and thank you for same. “You will recall that our justices are usually scheduled to sit in your Supreme Court in the months of May and November. “Based on this long established understanding, our court sitting schedule is usually drawn up with the consideration of this assignment. “In view of the above, I regret to inform you that the re-scheduled date for this sitting session of your Supreme Court is unfavourable to us as it will greatly affect our schedule and case management. I therefore urge you to adhere to the earlier schedule of May and November each year to avoid inconveniences to both judiciaries. “Please be assured of our continued support of your judiciary.” The letter was signed by Justice Onnoghen.

TUESDAY, JANUARY 10, 2017• T H I S D AY

NEWS

Eight Killed in Suicide Bomb Attacks on Maiduguri Michael Olugbode in Maiduguri In spite of the federal government’s claim that it has defeated the Boko Haram insurgents ravaging the North-east of the country, the bloodbath in that region continued on Sunday as eight persons were dispatched to the great beyond by suicide bombers in separate attacks in Maiduguri, the Borno State capital. In the first bomb attack, according to a statement yesterday by the state police command’s spokesman, DSP Victor Isuku, three of the dead were male suicide bombers who were also armed with fire arms and a member of the youth vigilante group who wanted to stop them from invading Maiduguri from Muna, an outskirt of the state capital. The second attack occurred at Kaleri in Gwange, a thickly populated part of the town, where two female suicide bombers detonated explosives strapped to their bodies, killing two other persons. The statement by the spokesman of the Police read: “At 2020 hours of yesterday (Sunday) 8/1/2017, three male suicide bombers shot sporadically and attempted to infiltrate Maiduguri via Garki Muna village close to a military checkpoint. “The IED strapped to their bodies exploded killing all of them and a civilian JTF. Two AK 47 rifles were recovered, while one was completely

destroyed as a result of the explosion. “Then about 2230hrs same date, there were two suicide bombers attack at Kaleri area of Gwange. “Four persons including two female suicide bombers died in the explosion. “Both scenes were swept and rendered safe for public access by personnel from EOD, FSARS and patrol teams of the command at the wee hours of today.” The police, however, said normalcy had since returned to the affected areas. Meanwhile, Maiduguri residents have become apprehensive over the renewed suicide attacks on the town. Many of them say they now go to sleep with an eye opened. The Nigerian Army has, however, warned the residents of Maiduguri against opening their doors to strangers, insisting that they may be opening themselves up to suicide attacks. The Army issued the warning in a statement by the Deputy Director Army Public Relations, 7 Division of the Nigerian Army with headquarters in Maiduguri, Col. Mustapha Anka, telling the public that security was a collective task. It stated: “This is to draw the attention of the general public to recent trend used by desperate remnants of Boko Haram Terrorists (BHT). “Recently, two female suicide bombers knocked at the door of one Bulama

FG Appoints New CEOs for Aviation Parastatals Retains Dunoma as FAAN MD Dele Ogbodo in Abuja President Muhammadu Buhari yesterday approved the appointments of four new Chief Executive Officers (CEOs) for four agencies and parastatals in the ministry of aviation. In a statement signed by the Permanent Secretary of the ministry, Mr. Sabiu Zakari, which was made available to the media in Abuja, named the new CEOs as Capt. Fola Akinkuotu, who will now take charge of the Nigerian Airspace Management Agency (NAMA), while Prof. Sani Abubakar Mashi, who takes over from Mr. Anthony Anuforom, as Director General of the Nigeria Meteorological Agency (NIMET). Abdulsalam Mohammed, moves to the Nigerian College of Aviation Technology (NCAT), Zaria and Mr. Akinola Olateru, takes over as Commissioner, Accident Investigation Bureau (AIB). According to the statement,

Akinkuotu is a seasoned Transport Pilot, Flight and Aircraft Maintenance Engineer, Airline Chief Executive and a trained Aviation industry regulator. Mashi, the statement added is a Prof. of Geography with specialty in Environmental Application of Remote Sensing. He is currently a Deputy Vice Chancellor at the University of Abuja, while Capt. Mohammed is a renowned Civil Aviation Trainer and Examiner with accreditation by the Nigeria Civil Aviation Authority and the Federal Civil Aviation Administration. Olateru is reputed as an engineer, a trained Air Accident Manager and Certified Safety Officer with Aircraft Maintenance Engineering licenses in Nigeria, USA and the United Kingdom. However, the shake up did not affect, the Managing Director, of the Federal Airports Authority of Nigeria (FAAN), Mr. Saleh Dunoma, as all his colleagues in the four agencies were sacked.

and Usman about 200 meters apart in Kalari general area of Maiduguri. The daughter of Bulama opened the door, while Usman himself opened his own door. Immediately

the suicide bombers detonated their suicide vest in the process, killing the unsuspecting little girl, Usman and the two female suicide bombers.

“The general public is hereby advised to be cautious and weary of strange persons knocking at their doors. Security is a collective responsibility;

the public should engage in neighbourhood watch.” It added that: “Suspicious movement of persons should be reported to security agents without any delay.”

MEETING WITH POWER OPERATORS

Minister of Power, Works and Housing, Mr. Babatunde Fashola (third right), at the 11th monthly meeting of power sector operators at the Transmission Company of Nigeria, I keja West 330/132 kv transmission station, Ayobo, Ipaja in Lagos....yesterday

Presidency Clears Kyari, Says High Commission Didn’t Pay His Hospital Bills in London Tobi Soniyi in Abuja The Chief of Staff to the President, Abba Kyari, did not use the funds of the Nigeria High Commission in London to pay his medical bills during his recent visit for emergency medical treatment, the presidency has said. The Senior Special Assistant to the President on Media and Publicity, Mr. Garba Shehu, said the allegations contained in a report published by an online news medium, were totally incorrect, misleading and a fabrication. According to him, the Nigeria High Commission in London did not at any time ever settle the medical bills or any other bills for that matter as Abba Kyari personally took responsibility for paying his own bills. He said: “This is by the Chief of Staff’s choice. He pays for his medicals, his taxi and accommodation in the United Kingdom in spite of the high office he occupies, even when there is no rule that states he cannot be catered for by government. “For the records, Kyari was rushed out of Nigeria for an emergency medical treatment on the fateful December 1, 2016. To receive him on arrival, the Wellington Hospital needed to have cash deposited, or in

the absence of this, a letter of guarantee. “In order to meet this condition, the Nigeria High Commission in London wrote the Letter of Guarantee to the hospital for treatment to commence. The role of the High Commission didn’t involve financial commitments on behalf of Kyari. “The letter of guarantee from the High Commission was meant to meet the routine requirements of the Wellington Hospital since the patient in question (Kyari) didn’t possess the UK National Health Insurance.” Shehu explained that apart from senior government officials, other reputable Nigerians were issued with such guarantee letters to hospitals. He explained that a guarantor was not liable unless there was a default, adding:, “But this wasn’t the case with Abba Kyari who paid all his medical bills by himself as he had done on previous occasions.” The media aide said hospital records were available for verification to show that the Nigeria High Commission in London didn’t spend a penny on Kyari, as its involvement didn’t go beyond the issuance of the letter of guarantee to the Wellington Hospital. Earlier, the Minister for Foreign Affairs, Geoffrey

Onyeama, had offered a similar explanation on the allegation. He said the Nigerian High Commission in London merely provided a guarantee that Kyari would pay his medical bills while he was receiving treatment at Wellington Hospital, St. John’s Wood, London. The minister, who was responding to questions from State House Correspondents on allegation that the commission paid the Kyari’s medical bills in London, said the Chief of Staff to the President did not arm-twist the commission to release funds for his medical bills. An online medium had alleged that Nigeria’s acting High Commissioner, Adah Simon Ogah, frequently authorised payments from revenue generated through fees for passports, visas and other consular services by the High Commission for medical treatment of senior political officials visiting the United Kingdom. Onyeama told State House correspondents who sought clarification on the allegation that the report was blatant falsehood and defamatory. He said: “Because a lot of people do not bring libel cases against media houses, they think they can write whatever they like. “The report was a blatant

falsehood, really defamatory. As we all know, in most of these industrialised countries, if you want medical treatment, or hospital room reserved for you, they will require medical insurance of that country. “If you do not have, they will require a deposit or a guarantee. Our embassies and high commissions around the world are there to assist Nigerians. “All that happened in the case of the Chief of Staff when he went to the United Kingdom for medical treatment was that before he arrived, the High Commission guaranteed that he will pay his hospital bills and that was all. “A letter was written to the hospital that this person is a high official and we guarantee that he will settle his bill. “On that basis, they reserved a hospital room for him and afterwards, he settled his bill. During the time he was in London, he never asked the High Commission to even provide a car for him. He made his arrangements. “It is extremely unfair that such defamatory article would have come out. It has no iota of truth in it. “He had never made any contact with the High Commission for the one and a half years he has been in office.”

T H I S D AY TUESDAY JANUARY 10, 2017

TUESDAY JANUARY 10, 2017 T H I S D AY

T H I S D AY TUESDAY JANUARY 10, 2017

T H I S D AY • u

COMMENT

ay, january

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

A MODEL FOR SOCIETAL UPLIFTMENT Imam Imam pays tribute to Aminu Tambuwal, Sokoto State Governor, at age 51

f he were to be asked his birthday wish this day in 2015, the then Sokoto State gubernatorial candidate of the All Progressives Congress (APC), Rt. Hon. Aminu Waziri Tambuwal, would have probably prayed for success in the elections he was facing few weeks away. He wouldn’t have stopped at that; the Tambuwal I know would have definitely prayed for God’s hand in not only winning the election but discharging the responsibilities that come with the victory creditably. I don’t know whether somewhere in his mind, in his usual meditation to mark his birthday, Tambuwal indeed supplicate to God on these two fundamental issues. But one thing that is clear is God almighty has been gracious. Less than 90 days after his 49th birthday, Tambuwal emerged as the Sokoto governor-elect and today, at 51, he has performed so wonderfully that he is celebrated home and away. This is enough reason for Tambuwal to be grateful to God, and it is a good reason for all of us his lieutenants and indeed the entire people of Sokoto State to join him in appreciating the blessings of the almighty at this important juncture. In steering the state-ship, Tambuwal’s major account for success is his recognition, ab initio, of the weight of expectations that come with leadership, especially executive power entrusted on a governor in a state like Sokoto. But most importantly is his realisation, like all great leaders in history, that leadership essentially means taking people where they should be, not necessary where they want to be. There is no gainsaying that the developmental challenges bugging developing countries like Nigeria is long diagnosed to be the result of poor leadership. Years of self-serving, short-sighted leadership has contributed in no mean way in stagnating development around here and making us wander in the same cycle of problems and challenges. With this clear vision on the expectations and where he wants to see the state under his stewardship, Tambuwal set out to prioritise and articulate this vision into areas of focus. Refreshingly, he set out to differ by coming up with genuine, insightful and visionary ideas to turn around, not only the day- to- day course of life, but initiatives that would also alter the face of the society. For Tambuwal, whatever is done is not just another project, it is part of the bold revolutionary interventions that have set his government apart from the pack. Sokoto, like many a northern state, is often listed among what is termed ELDS; educationally least developed states. This negative ranking is based on enrolment ratio, the out of school children, school dropouts and other parameters. A state that is the nucleus of the knowledge-driven Sokoto Caliphate was unfortunately lagging in the area of education, especially for the girl child. It was therefore revolutionising for Governor Tambuwal to marshal out sweeping policies aimed at turning around the statistics. To this end, the state government announced state of emergency on the education sector. This impressive pronouncement has since been backed by action. The first of those bold steps was the announcement, early in the day, of enforcement of school enrolment for all eligible children. The government, in attempt to tackle the lethargic attitude of some parents to modern schooling promulgated punishment against parents who refuse to enroll their school-aged children in schools.

BY MAKING EDUCATION THE MAINSTAY OF HIS ADMINISTRATION, GOVERNOR TAMBUWAL HAS PUT SOKOTO, ONCE AGAIN, ON THE PATHWAY TO GREATNESS. IF THIS NOBLE AGENDA IS PURSUED DILIGENTLY, THEN IT IS SAFE FOR ONE TO EXPECT SOKOTO TO SHINE AMONG PEERS IN NEAR THE FUTURE

The government then went a step further by introducing incentives for parents who enroll their daughters in school, through a conditional cash transfer scheme to enable the parents support their wards through school. Through this carrot and stick approach the state government targets enrolment of 1.2 million pupils that are hitherto out of school. As a surest path to development, the emphasis by the Tambuwal administration on education is not only commendable but exemplary especially for educationally-challenged states of northern Nigeria. Education, in this information age, is the key to the future. The wisest decision, for any leader in this age is to have a holistic and wide-ranging investment in human capital development through education. Here is the Tambuwal model, a model of societal upliftment through the viable investment in its human capital. By making education the mainstay of his administration, Governor Tambuwal has put Sokoto, once again, on the pathway to greatness. If this noble agenda is pursued diligently, beyond the rhetoric as in many government programmes, then it is safe for one to expect Sokoto to shine among peers in near the future. This trend will continue through the year 2017 as we have seen with the budget submitted last month to the State House of Assembly by Governor Tambuwal, where education is given the lion share of 27.3 per cent of the N204 billion budget estimate. This is a first from Tambuwal as the allocation exceeds even the target of 26 per cent set by UNESCO. The huge attention being received by education in Sokoto under Tambuwal, justified as it is, does not mean that other critical and important sectors are neglected. Agriculture and healthcare delivery have equally benefited from the Tambuwal’s methodic and strategic interventions. Under healthcare, for example, the state government, like in all sectors, set out with a strategy by having 33 professionals brainstorm to come up with the Sokoto State Strategic Health Plan 2016-2020. One of the fallouts of this is the identification of six general hospitals that are currently being upgraded into premier reference. Also, just as 2016 was coming to a close, Tambuwal flagged off the Sokoto contributory health scheme where the government put down the seed fund of N100 million. Contrary to the usual practice in Nigeria, Governor Tambuwal went all out since his coming to ensure that all works he inherited have been completed by budgeting huge sums of money for that. The result today is the launching of the 500-units Kalambaina housing estate by President Muhammadu Buhari in November last year. Another big one in this regard is the coming on board of the 38MW Sokoto State Independent Power Project. Even by this pigeon-holed look into the stewardship of Sokoto State by Governor Tambuwal it is evident that this true leader of his people is indeed serving the people diligently towards creating a new vista for Sokoto State. The Matawallen Sokoto is poised to making his Sokoto a pride of all Sakkwatawa. At 51, Tambuwal is unarguably one of Nigeria’s most enterprising politicians. His ever-smiling disposition brings forward a happy mien that is intricately infectious. Like his forebears in Sokoto always say, the future tends to be brighter for he who smiles often. Imam (imamdimam) is the spokesman to Governor Tambuwal

IN THE EYE OF THE STORM

The dismissal of the six police officers attached to the Rivers State Governor is wrong, argues Simeon Nwakaudu

t is obvious that Mr. Ibrahim Idris, the embattled Inspector General of Police, is in the eye of the storm. This is a police chief who has lost the moral justification to remain in office, but is struggling every day to convince his paymasters that he is in charge. Luckily for the nation, the events that transpired at the Rivers East Senatorial District Collation Centre were captured by Channels Television. It was most embarrassing to see the conduct of the police during the state’s legislative election. It is even worse that the police have metamorphosed into a lying machine under Idris leadership. To begin with, the entire statement by the Police High Command read by Mr Don Awunah was a contraption of lies, hastily put together by a police hierarchy that has become a department of the All Progressives Congress. A liability to law and order. The first error in the statement was the premise upon which these hardworking officers were dismissed. Don Awunah, shivering while reading the statement, claimed that the dismissed police officers accompanied Governor Wike to a polling unit on December 10, 2016. That is a lie from the pit of hell. The event that the dismissed officers were allegedly involved in took place on December 12, 2016. This was two days after voting had been concluded. And contrary to the lie peddled by the police, Governor Wike was never at any polling unit with the said police details. He respected the electoral process. On December 12, 2016, Rivers State SARS Commander invaded the Rivers East Senatorial District collation centre at the Port Harcourt

Local Government Secretariat. Democracy was lucky. Channels Television cameramen were on ground with other journalists at the collation centre when the SARS personnel invaded that premises. The electoral officials at the collation centre were ironically beaten up by the men who ought to protect them. This was captured by the Channels Television. Whilst the commotion was on, the Peoples Democratic Party agent for Rivers East Senatorial District was abducted. News of this illegal invasion of the Rivers East Senatorial District collation centre by SARS personnel spread around Port Harcourt. Governor Wike and other Rivers people moved to the collation centre to defend democracy. Indeed, at this time, voting had been completed at the polling units and collation concluded at ward and local government levels. At the Rivers East Senatorial District collation centre, the result for Emohua Local Government Area was about to be entered when SARS personnel attempted to disrupt the process. After this disgraceful outing, the spokesman for the police, DCP Awunah denied that the men captured in the video were policemen. Few days later, Don Awunah and the Police High Command changed their story. Awunah offered a cock and bull explanation for the disgraceful act of the SARS personnel at the Rivers East Senatorial District collation centre. At this time, the SARS personnel had been fully identified in the video. That Awunah does not know the difference between polling unit and collation centre is a sad commentary for the Police High Command headed by Ibrahim Idris. When Don Awunah

read that ill-conceived statement dismissing the six gallant officers, he exposed the integrity deficiency of the Police High Command as errand boys for the All Progressives Congress leadership. Why would the police destroy the very fabric of policing by becoming glaringly partisan? Why would the police weep in the marketplace because the SARS gang was prevented from helping APC to rig? Where is the SARS commander and personnel who illegally invaded the Rivers East Senatorial District collation centre on the order of the Inspector-General of Police? Unconfirmed reports have it that members of this evil gang have been promoted by the Inspector General of Police. So while the criminals were being promoted, the innocent officers were being persecuted. But all across Rivers State, the people stood in defence of democracy. Ibrahim Idris and his invading 28,000 policemen, horses and gunboats, failed to do the bidding of their bosses. What Ibrahim Idris has done on behalf of APC is to expose the integrity deficiency of the Police High Command. These men have little regard for the rule of law. To imagine that the police would turn their backs on hardworking policemen just to convince their paymasters that they were desperate to deliver, tells the pathetic story of the Nigerian Police. For me, AP/No.177893 Inspr. Eyong Victor, F/No. 400872 Sgt Peter Ekpo, F/No.374585 Sgt Oguni Goodluck, F/No. 385870 Sgt. Orji Nwoke, F/No. 234216 Sgt. Okpe Ezekiel and F/No. 437983 Sgt. Tanko Akon were profes-

sional policemen. An Inspector General of Police who sacrifices his personnel to remain in office deserves our pity. I pity Idris because he lost out on January 6, 2016. Men like him are responsible for the lack of respect that Nigerians have for the Police. If Idris can treat his own personnel with so much disdain, to falsehood and disrespect, you can only imagine the fate of other Nigerians. Look at the way he handcuffed them to the press conference. I pity Ibrahim Idris because he personally ended his tenure as a police chief in the minds of the majority by his descent into the partisan arena. I thought that the embattled IG set up a panel. Why the haste to circumvent his own panel by rushing to dismiss officers who did no wrong? All Nigerians of goodwill must stand with AP/No.177893 Inspr. Eyong Victor, F/No. 400872 Sgt Peter Ekpo, F/No.374585 Sgt Oguni Goodluck,F/No. 385870 Sgt. Orji Nwoke, F/ No. 234216 Sgt. Okpe Ezekiel and F/No. 437983 Sgt. Tanko Akon. These are the few policemen of honour who refused to be used by a corrupt Police High Command. We must not allow the APC infested Police High Command have their way. We are in a democracy. We know that until the media and the civil society wake up, the duty to defend democracy rests with the people. This much Rivers people have discovered. That is why they collectively defeated Ibrahim Idris and his invading policemen backed by the military. No Nigerian should sit idly by and watch political robbers rape our hard earned democracy.

T H I S D AY • u

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EDITORIAL DEATH BY ELECTROCUTION

The regulatory agency could do more to curtail the lapses in the power sector

hile it is gratifying that the electrical fault that led to the death of no fewer than 14 persons at a particular section on Ikorodu Road in Lagos has reportedly been fixed, that such a tragedy would happen in the first place raises serious questions about how the authorities in the power sector take the issue of safety. Even if we discount that criminal neglect spanning months, there is hardly a day without a case of electrocution across the country, mostly due to negligence on the part of the operators in the sector. The incidence of death by electrocution has become so rampant in the country that the power authorities ought to come up with a sustainable solution to remedy the problem. That would necessitate putting in place a structure for rapid response. For instance, when, following a heavy downpour, some electric poles and cables fell last year, blocking the major road that led to Olokuta WE IMPLORE THE community in Ogun REGULATORY AGENCY States, it took more OF THE POWER SECTOR than a week before TO COME UP WITH A the power authorities STRINGENT POLICY responded, despite TO DEAL WITH THIS repeated announcements by a local radio NEGLIGENCE THAT HAS station. SENT THOUSANDS OF Indeed, in several NIGERIANS TO UNTIMELY places, there are many DEATH old and broken down wooden and concrete electricity poles, some with naked wires dangling overhead. It only takes a serious rainfall or heavy wind to blow off some of the poles. In such a situation, inhabitants of the affected areas or even passersby live in constant fear of instant death. In one particular incident a few years ago, a high tension wire snapped off a pole, electrocuting a staff

Letters to the Editor

of the PHCN, and a security guard who had lived and worked in the area for about 30 years. In yet another shocking incident, last Monday, a middle-aged woman and her son were electrocuted in Osogbo, in Osun State by a cable felled by rain. Mother and son reportedly stepped on a live electric cable as they attempted to escape from the electric shocks that reportedly affected their homes when the cable fell.

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erhaps the most pathetic incident happened in Ilesa town, also in Osun State, where a twoyear-old boy died from electrocution. Prior to the incident, a woman who lived in the area had reported to PHCN officials that a live wire had fallen on the ground inside her compound. Rather than take action, the officials reportedly advised the woman to “look for someone to fold the live wire pending a time the company would come to fix the fault.” The fault was not fixed before the two-year-old boy stepped on the live wire and was electrocuted. It is thus clear that most of these deaths resulted from a lackadaisical attitude of the electricity company workers, who most often ignore early warnings and appeals from residents about faulty wires in their neighbourhoods. From available records, the time lag between when a fault is reported and when it is fixed could be up to one month in some cases. There are also times when there would be no response from the authorities, thus leaving residents with no other choice but to resort to self-help with all the attendant risks. That is why we reiterate our call on the authorities in the sector to develop a habit of quick response to complaints about fallen electricity poles and exposed live wires. For now, it is obvious that we place little or no premium on human lives. Death is cheap. But that should not be allowed to continue. We therefore implore the regulatory agency of the power sector in our country to come up with a stringent policy to deal with this negligence that has sent thousands of Nigerians to untimely death.

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REKINDLING HOPE IN A MILIEU OF HOPELESSNESS

he paradox of Nigeria is that it is a materially rich country whose millions of citizens live below the breadline. The vast wealth of the country circulates in the hands of corrupt political bourgeoisie, retired military officers, and business tycoons, who have link with people in the corridors of power. So we operate a capitalist system that is without a human face. The gap between the haves and the haves-not is wide. And it is still bourgeoning. Sadly, our country is trapped in the mud of economic backwardness and technological hiatus, in spite of its humongous human population, vast landmass, many waters, and equable weather conditions. Nigeria is called the giant of Africa, but it’s a giant with feet of clay. That’s why Kwame Nkrumah, a socialist philosopher and former President of Ghana, called Nigeria a big for nothing country. It is a common knowledge that Nigeria has failed to realise its potentialities owing to our past inept and corrupt political leaderships and dictatorial military juntas. In the last presidential election, Nigerians who were disillusioned and disaffected with the bumbling political leadership of Dr. Goodluck Jonathan cast their votes for Muhammadu Buhari. Our electing him the president of Nigeria was informed by our knowledge and awareness that he has great aversion for corruption. His public persona of a whistle-clean reformer helped his political cause, too. But, more importantly, APC’s campaign slogan of change resonated with us during that milieu of hopelessness and disillusionment. So Buhari won the 2015 presidential election

convincingly. While on the stump, he promised to fix Nigeria’s multifarious and hydra-headed problems like corruption, economic problem, infrastructural rot, Boko Haram insurgency, and others. But he seems to be overwhelmed by the complexity and enormity of our national problems. A politician jostling for a high political office ought to have a programme of actions ready, which he would implement if he comes into power. In Britain and America, their newly elected leaders named members of their cabinets soon after being elected into offices. But that’s not the case with Buhari. A discombobulated man, his search for people that would fill his cabinet could be likened to looking for a needle in a haystack. It took him eon period to form his cabinet. And members of his cabinet are just like square pegs in round holes. His Minister of Sports is a master of verbal faux pax, who advertises his ignorance and provincial mindset, unashamedly. Likewise, our Minister of Finance is known more for her perfect articulation of English words than for proffering solutions to our economic problems. Are our economic problems not beyond her ken? Overseas-based Nigerians, who are qualified and competent to hold ministerial posts, are sidestepped and passed over by President Buhari. But President Buhari appears to be an ethnic chauvinist and religious bigot, who sets store by party loyalty, ethnicity, and religion. That is why his war against graft is biased in favour of members of the ruling APC party. Some politicians who held high political posts in the past PDP-led political administration are

standing trials for corruption while some APC big guns, who are accused of perpetrating corrupt deeds, have not been arraigned, not to talk of them giving up their high political posts, as we expected. The fight against graft is gaining traction, however. And stupendous sums of money had been recovered from corrupt politicians. But is the recovered money injected into our wobbling and comatose economy to revive it? It’s an indisputable fact that Buhari’s economic policies, actions, and inactions are some of the reasons why Nigeria’s economy has relapsed into recession. As Nigeria’s economy sinks deeper and deeper into recession, he has continued to heap blame on the immediate past civilian administration for our economic woes. Bashing Dr. Goodluck Jonathan has become his pastime. Trying times ought to bring out the leadership qualities inherent in President Buhari. But he has been wringing his hands helplessly, and offering us empty promises that better days lie ahead of us. Meanwhile, some companies and industries in Nigeria have folded us owing to the economic recession. And some banks have laid off workers. The economic recession buffeting Nigeria has come with the concomitant effect of the skyrocketing prices of food items. Consequently, millions of Nigerians who are low-income earners are the hardest hit. Now, many Nigerians scavenge in the dust and refuse dumps for morsels of bread to eat. So feelings of hopelessness reign supreme among us. Chiedu Uche Okoye, Uruowulu-Obosi, Anambra State

T H I S D AY • TUESDAY, JANUARY 10, 2017

POLITICS

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

EXECUTIVE BRIEFING

Fayose’s Endless Travails Ekiti State Governor, Ayodele Fayose, appears to be permanently in crisis mode as yet another is knocking right at his door, writes Victor Ogunje

hose familiar with the attitudinal disposition of the self-styled Ekiti State Governor, Mr. Ayodele Fayose, know him as one, who relishes in controversy. It is no wonder that whenever his name is mentioned, what comes to the people’s mind is that a certain disagreement is about to spring up or is already brewing within that premise. When Nigerians were still basking in the euphoria of the new year celebration, on Wednesday, January 4, Fayose in his characteristic manner welcomed the whole nation with a grievous and scathing allegation that the All Progressives Congress-led presidency, in cahoots with some of its local leaders were surreptitiously plotting to remove him from office, using the report of the Major Gen Adeniyi Oyebade-led Military Tribunal on Ekiti State governorship election. The tribunal was set up in 2015 by the military hierarchy to test the veracity of the claim by a young military officer, Capt. Sagir Koli that the election that brought in Fayose was rigged as well as the information given by Fayose’s estranged godson and Secretary of the Peoples Democratic Party in Ekiti State, Dr. Tope Aluko to that effect. The revelations of both Koli and Aluko were too startling to be overlooked. In actual fact, the report indicted top military chiefs, who had either been dismissed or forcefully retired from the service by the military board. Since the submission of the report, no formal public pronouncement had been made by the federal government. But Governor Fayose and members of his political family have been viewing the silence as laced with sinister motive and that has created a serious discomfort for the governor, who has resorted to raising the alarm even at odd hours. In dissecting Fayose’s political trajectory, one could easily come to the conclusion that he and impeachment are gradually becoming siamese twins. The governor was impeached in 2006. He narrowly escaped impeachment in March 2015 by the Hon Adewale Omirin-led assembly. Having been successfully ousted in 2006, Fayose sees impeachment as his greatest political foe and albatross and he never wanted to dine with it again, even with a long spoon. In his strongly worded petition to the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, he raised the alarm over an alleged fresh plot to compromise a section of the Judiciary and muzzle democracy in desperation to oust him from office. “The essence of all of these is to silence him as the voice of opposition in the country because he has bluntly rejected all overtures to him to defect to the ruling APC or stop talking.” The governor, who warned against any plot to destabilise Ekiti State, wondered how long the Ekiti APC and its collaborators will pursue their clandestine agenda of reversing an election they lost over 30 months ago and validated by the tribunal, appeal court and the Supreme Court. The governor brazenly fingered the presidency in the latest plot, with Oni and Fayemi as their local arrow heads. He alleged that a concocted fresh suit is being rehashed and to be filed against him on the same old allegation that had been trashed all the way from the Tribunal to the Supreme Court. “This time, the plotters of this judicial coup-detat plan to procure the services of a compromised or malleable judge to get self-serving ‘jankara’ and kangaroo judgment with the intention of having the Supreme Court reverse itself on the June 2014, Ekiti election.” The governor urged the CJN to take “notice of judicial pronouncements by courts of concurrent jurisdiction as well as the scathing remarks of appellate courts on how the said Justice

Fayose...is he battle ready?

Okon Abang has been used in the past by anti-democratic forces to endanger democracy and engage in deleterious miscarriage of justice”. Fayose prayed that the Judiciary would not succumb to devious plots to undermine its independence and integrity and rubbish its good name and hard-earned reputation any more. “My Lord, you have a duty to ensure that no Judge under your watch is enlisted into this diabolical act by any rampaging anti-democratic elements. “The embarrassing incidents currently playing

As the two warring sides beat the war drum, Ekiti people are patiently waiting to see how the whole game will pan out. Whether the new covert move against Fayose is a mere political trick to unsettle him ahead of the 2018 governorship poll or a real script to abruptly guillotine his tenure like it happened in 2006, it is yet to be seen as the events unfold

out on our National Judicial horizon, with several judicial officers, including serving Justices of the Supreme Court, enmeshed in simulated and orchestrated corruption scandals and indictments by agencies of the Federal Government because they had refused, at one time or the other, to serve the basic interests of the ruling APC government in matters pending before their Lordships, have kept us wondering whether the Judiciary will succumb to these unwarranted harassments and intimidation meant to coerce and cower it into submission and make this very important and indispensable Third Estate of the Realm subservient to the arbitrary wishes, whims, and caprices of the Executive and political desperados,” he said. Describing himself as “a leading opposition figure in Nigeria today that has been very critical of the anti-people policies of the federal government and its anti-democratic actions hat endanger our renascent democracy”, Fayose added that “democracy without virile opposition will eventually turn into a dictatorship, which is currently being experienced.” Fayose’s petition has stoked another round of controversies in the state and beyond with individuals and institutions fighting hard to either condemn the plot or extricate themselves from the logjam. The State House of Assembly, in a statement by its speaker, Hon. Kola Oluwawole said those calling for the removal of Fayose are nothing but political jesters, who are bereft of the stipulate of the 1999 constitution as to what constitutes infractions that can lead to the ouster of a sitting governor. “The EKHA would have ignored these marauders, but they need to be aware of the following facts. The Office of the Governor of Ekiti State is established in Part 2, Section 176 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended for a period of 4 years herein called the term of office and Section 180 (1) listed all intraneous conditions that can make an occupant to cease to hold the office as a governor.

“Also, Section 189(1) of the same constitution listed the extraneous conditions of removing the governor of a state through the House of Assembly. The EKHA is saddled with the responsibility of oversight functions, particularly with powers on matters of evidence against any political office holder in Ekiti State inclusive of the governor as enshrined in Section 129 of the Nigerian constitution as amended. So, presidency or ruling party has no power to remove him from office”. Also venting its anger against the alleged underhand plot, the Peoples Democratic Party (PDP) declared that the alleged subterranean moves will lead to the total collapse of the administration of President Muhamadu Buhari, if eventually carried out. The party in a statement by Oguntuase, described as reasonable and justifiable, the letter written on Wednesday by the governor to the Chief Justice of the Federation, Justice Walter Onnoghen informing him on the alleged moves to co-opt a section of the judiciary to the devilish plot. Oguntuase branded Fayose as a man of the people and the opposition leader in the country, who commands enormous followership across the six geo-political zones of the country. “Governor Fayose is not just the Governor of Ekiti State, but the opposition voice in Nigeria. He speaks for all the oppressed Nigerians in the South-west, South-east, South-south, North central and even in the far North. If you look at the results of the 2014 governorship poll, you would think it was a tsunami because he won in all the 16 local governments. If truly democracy still remains the government of the people, then attempt to remove Governor Fayose will be tantamount to usurpation of the people’s power”, he said. The duo of Fayemi and APC didn’t treat the allegation with levity. They fired back at the governor, calling him alarmist and rabble-rouser, who always preoccupied himself with attention-seeking antics, rather than giving Ekiti people the dividends of democracy. A statement by Fayemi’s media Adviser, Mr. Yinka Oyebode, described Fayose’s alarm as akin to a case of the wicked running when no one pursues. He averred that it would appear the governor wakes up daily in search of new controversies and making one spurious allegation after another oblivious of whether such allegations are reasonable, logical or sensible. Fayemi contended that the recent outburst was not only irresponsible, but unfair to the two former governors of the state. He said he was not stunned by Fayose’s vitriolic attack because under the Ekiti governor falsehood has been elevated to the level of statecraft being daily promoted by machinery of state. “My advice to him is: Let the governor go and honour the promises he made to the Ekiti electorate (if he ever made any). Let him pay workers their salaries, take governance more seriously and make the state safe for lives, property and investments. If he can do these, then he needs not fear anyone. “However, this is certainly a poorly contrived alibi for his ineptitude and apparent low capacity for the serious business of governance. It is purely a cheap blackmail that will not fly”, Fayemi said. The APC Publicity Secretary, Taiwo Olatunbosun, scoffed at the allegation, saying Fayose was afraid of his own shadow as a misfit in the position of authority, who has no respect for the supreme law of the country after his serial rapes on the Constitution. He said the governor is now jittery and as a result, has resorted to blackmail. Insisting that there was no meeting between Fayemi and Oni to plot Fayose’s removal, CONTINUED ON NEXT PAGE

T H I S D AY • TUESDAY, JANUARY 10, 2017

PERSPECTIVE

This Injustice Cannot Continue! The ongoing divisionist crisis in the country is evidently beyond the capacity of the local executioners, writes Femi Fani-Kayode

or those that are troubled, that are grieving, that are suffering, that are deeply concerned and that are in a state of utter despondency and despair about what is happening in our country today and what the future holds, keep hope alive and hear this loud and clear. Many years from now, history will record that it was not the tyranny and bondage of President Muhammadu Buhari, his minions and his government or the curse and affliction of Boko Haram, the Fulani militias and herdsmen or the almighty Caliphate that the oppressed people of Nigeria were up against. These people are not the enemy. They are merely the representatives, the low-level foot soldiers and the primitive enforcers of a greater satanic power that has sought to use them to create chaos in our nation, to subjugate our people in perpetuity, to establish a sacrificial blood bank, to wipe out our faith, to rob us of our identity and to corrupt and destroy our destiny and cherished values. What we are up against are the forces that inspire, encourage, control, nurture, fund and guide them. They include the unadulterated evil of the wahhabi and salafist doctrines and philosophies espoused and propagated by the Royal House of Saud in the Kingdom of Saudi Arabia and the Illuminati agenda of the shape-shifting reptilian forces and Luciferian entities that put President Barack Obama in power in the United States of America 8 years ago and which attempted to ensure a Hilary

Many years from now, history will record that it was not the tyranny and bondage of President Muhammadu Buhari, his minions and his government or the curse and affliction of Boko Haram, the Fulani militias and herdsmen or the almighty Caliphate that the oppressed people of Nigeria were up against…These people are not the enemy. They are merely the representatives, the low-level foot soldiers and the primitive enforcers of a greater satanic power

Buhari...can he hold Nigeria together?

Clinton Presidency at the end of 2016. The entire challenge is essentially an existential struggle between the forces of light and the forces of darkness. The fight is raging in both the spiritual and physical realms. The currency is blood and the prizes are the precious and eternal souls of men and the control of the entire world and its enormous resources. The good news is that our adversaries never saw President-elect Donald J. Trump coming. They wrote him off right from the start and dismissed his aspiration with scorn and contempt. Little did they know that he was God’s ace in the spades, or to put it in an even more appropriate manner, God’s “trump” card! And it worked beautifully. The whole world and the forces from hell that control it were shell-shocked. They still are. Yet thankfully there is nothing they can do about it. They forgot that He uses the foolish things of this world to confound the wisdom of the wise. With Trump in the White House, guided, protected, led, fortified and driven by the love, power, mercy and grace of the Living God that put him there, the world will be a better and safer place after his swearing-in on January 20th 2016. It may take some time but after that day, the dark and lonely winter ice of wickedness and witchcraft will begin to melt and the summer sun of blessings, prosperity, joy and peace will begin to rise. After that day the oppressed people of the southern and Middle Belt zones of Nigeria will have a friend in the White House. And as time goes by, they will be given the opportunity to tell their story to the world, to break their chains of servitude, to shatter their yoke of slavery and to free themselves from the hideous mental prison of fear, tyranny and bondage that they have

been subjected to over the last 56 years by their internal colonial masters. After that day, their mortal bodies and sacred flesh will no longer be cut to pieces and carved up like Peking diced duck or barbecued spare ribs in state-sponsored pogroms and acts of merciless genocide without any consequences. Their precious blood will no longer be used as a free-flowing blood bank for the devil and his monstrous demons to drink from and quench their frenzied thirst. After that day they will no longer buy and eat the charmed and jinxed cow meat that they have been sold and fed by the apprentices and sorcerers of their secret adversaries for the last 56 years. After that day they will no longer feed on the Caliphs sweet cow meat which, over the years, has enchanted their spirits, locked up their souls, incapacitated their thinking faculties, broken their will, taken away their courage, destroyed their manhood, bound up their ability to reason, turned them into zombies and reduced them to a pitiful and shameful degree of impotence, cowardice, stoicism and docility. Finally, after that date, their women and children will no longer be regarded as nothing but fair game, easy sport, expendable chattel and the spoils of war to be enslaved, shared, violated, raped and enjoyed by their collective oppressors and conquerors. All this will come to pass sooner than later because freedom beckons and its trumpet call is loud and clear. Sooner than later Pharaoh shall die and we shall leave Egypt, enter Goshen, part the Red sea and cross over to the Promise Land. It is just a matter of time. In the next few years, our country will either be peacefully and equitably restructured according to the will of the people and the counsel of God or she will be violently be broken into two

or more pieces. The mass murder and ethnic cleansing of hundreds of thousands of religious and ethnic minorities in the Middle Belt and the core north over the last 56 years cannot stop it. The slaughter of hundreds of thousands of Igbos and the barbaric acts of genocide perpetuated against millions of Biafrans over the last 56 years cannot stop it. The subjugation, dehumanisation, humiliation and outright robbing and pillaging of the people of the Niger Delta area and the southern minorities over the last 56 years cannot stop it. The castration, demystification, pacification, infiltration and indoctrination of the people of the South-west over the last 56 years cannot stop it. The consistent and relentless persecution, incarceration, torture and extra-judicial murder of key opposition figures and those that are perceived as being the enemies of our President and his government cannot stop it. The cowardly disposition, shameful collaboration, willful collusion and resounding silence of our nations ruling elite, political leaders, academics, intellectuals, traditional rulers, human rights activists, businessmen, industrialists, artists, writers, poets, actors, entertainers, entrepenuers, cultural custodians and political commentators cannot stop it. Nothing can stand in the way of this new wave and no mortal can successfully resist it. It cannot be stopped, delayed, intercepted or aborted because it has been decreed and ordained by the Ancient of Days and the Lord of Hosts. Locking up Colonel Sambo Dasuki, Sheik Ibrahim El Zak Zaky, Mazi Nnamdi Kanu or any of the other thousands of political prisoners and prisoners of war in underground dungeons and dingy dark cells for months and years un-end cannot stop it. Bringing them up before the courts on trumped-up, contrived, malicious, spurious and baseless charges cannot stop it. Telling the nations young that they dare not aspire and the political opposition that they dare not dissent cannot stop it. Nothing can stop it because it is written in the wind and it has been pronounced and spoken into existence by the oracles of the Living God. The unleashing of fear and terror and the inflicting of violence, carnage, brutality and barbarity on innocent and defenceless men, women and children by the Armed Forces and security agencies cannot stop it. The conspiratorial silence, submissive acquiescence and covert collusion of our nation’s media cannot stop it. As a matter of fact nothing, no force on earth or in hell, can stop it. For the voiceless, oppressed, cheated, marginalised and afflicted people of Nigeria, the bells of freedom are ringing and it is either liberty or death. And today, I speak for those millions as I dare to proclaim, just like the great American patriot, Patrick Henry once dared to proclaim in his famous speech to the Virginia Convention 291 years ago whilst calling for armed resistance against the British colonialists: “GIVE ME LIBERTY OR GIVE ME DEATH!” -Fani-Kayode is a former Minister of Aviation

FAYOSE’S ENDLESS TRAVAILS Olatunbosun said: “Fayemi and Oni are too decent and busy in their assignments to engage in such frivolous boasts that Fayose is accusing them of. Their track records as democrats and ‘Omoluabi’ are there for all to see as opposed to Fayose’s hit-and-run and ‘bolekaja’ reputation. “He believes he is the wisest Nigerian, who thinks he can cunningly manipulate people’s

reasoning and cheat the law to get away with his crimes, otherwise how can Fayose indulge in that disingenuous allegation that he is being haunted for refusing to join APC, when the truth is that APC leaders have been frustrating his pleas to join the party to save his head,” he explained. Some pundits were of the view that the lowly rated APC candidate, Rotimi Akeredolu

won the recent Ondo election owing to the protracted internal crisis, which subdued the weight of Governor Olusegun Mimiko and his candidate, Mr. Eyitayo Jegede. This, according to this school of thoughts, might be another intriguing wand to rattle Fayose and make him unstable till the election time. They see this as a strategic move that can help APC’s cause, considering Fayose’s nature and strong

ties with the voters. As the two warring sides beat the war drum, Ekiti people are patiently waiting to see how the whole game will pan out. Whether the new covert move against Fayose is a mere political trick to unsettle him ahead of the 2018 governorship poll or a real script to abruptly guillotine his tenure like it happened in 2006, it is yet to be seen as the events unfold.

TUESDAY, JANUARY 10, 2017 • T H I S D AY

FEATURES

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

Kano's Model Policeman Ibrahim Shuaibu writes on the recent two-day official visit of the Inspector General of Police, Mr. Ibrahim Idris, to Kano and how he lauded the 35-year-old Divisional Police Officer, Daniel I. Amah, for being a model policeman

he Inspector General of Police (IGP), Ibrahim K. Idris, recently paid a two-day working visit to Kano State where he launched President Muhammadu Buhari’s ‘Change Begins With Me’ campaign, thus inaugurating a new anti-kidnapping unit, and launching a “rebranded public complaint rapid response unit”, alongside the receipt of 25 patrol vehicles donated by the Kano State government. Kano State, is no doubt home to the Inspector General of Police, Idris who served as Commissioner of Police twice in the state. However, on his return to Kano, IGP Idris was astonished when his motorcades drove pass an edifice that houses the Bompai Police Command in the city. To the Inspector General of Police’s utmost surprise, the building wearing a new look has been upgraded from the headquarters of the state command, to headquarters of the Bompai Division. It is worthy of note that the structure used to be an eyesore in the area, one typical of other Nigerian Police divisional headquarters in the country. The Bompai Division, is situated at the highbrow of the Government Residential Area (GRA), in Bompai area close to the state police command. The police boss was baffled by the level of renovation of the station; he was ushered in to the cell rooms of the Bompai Police Division, by the Divisional Police Officer (DPO) Daniel I. Amah, to appreciate renovation works made on the cells and other structures in the station, which distinguished it from 71 other police divisions in the state. On a visit to the Bompai Police Division, THISDAY found its cell rooms well furnished with clean mats, mattresses, bed sheets, and a decent toilet cubicle, unlike cells in other stations which are usually characterised by urine of suspects, who also lay on bare floor. The IGP also inspected the charge room, a new mosque, newly built and painted fences, the DPO’s office and guard posts, which were equipped with a couple of Close-Circuit-Television-Cameras (CCTV). Idris couldn't hide his admiration for the DPO Amah, thus showering praises on him

IG Ibrahim Idris (left) being conducted round the Bompai Police Division, Kano, by DSP Daniel

The officer in charge is trying to restore respect and professionalism to police officers and the force. We are trying to change the attitude of the police. This officer’s gesture has dignified the Nigerian Police. Bompai Police Station is very organised and properly incorporated with the proper inscription of the change mantra. The DPO should be praised and encouraged to do better on this laudable initiative

through these words, ‘‘the officer in charge is trying to restore respect and professionalism to police officers and the force.’’ In furtherance, he acknowledged that, “we are trying to change the attitude of the police. This officer’s gesture has dignified the Nigerian Police. Bompai Police Station is very organised and properly incorporated with the proper inscription of the change mantra,” adding that “The DPO should be praised and encouraged to do better on this laudable initiative.” In 2004, Deputy Superintendent of Police (DSP), Daniel I. Amah was posted to the Bompai Divisional Police Headquarters in Kano city, after being trained as a Cadet Inspector (Course 36) at the Police Academy in Wudil Local Government Area of Kano State. It was learnt that Amah, a native of Plateau State, was subsequently assigned as the Divisional Crime Officer (DCO) of the Bompai Station before he was appointed the Divisional Police Officer (DPO) by retired Assistant Inspector-General of Police (AIG), Musa Daura, in 2013. The Police Public Relations Officer (PPRO), Magaji Musa Majia, said Amah was recognised by Daura because of his “passion for the job”

and his ability to inspire positive attitude among his contemporaries and subordinates. The 35-year-old Amah is a graduate of Sociology from Bayero University, Kano, who also has a Master’s degree in Crime Prevention, Management and Control from the same institution. The Police officer believes that “physical transformation of police structures is a key component in restoring public confidence in the police.” In his word, “If public members see police officers working in a decent and neat environment, dressing smartly and doing their job professionally, they would feel confident to approach officers and help them with any information they need. This is what Daniel (Amah) wants to achieve,” Majia said. Also, a police source close to the DPO, told THISDAY that Amah executed most of the projects at the station with his personal funds, complemented by little donations from some of the philanthropists in the Bompai area. Meanwhile in his address, the Inspector General of Police, Idris described Kano State as a cosmopolitan society with attendant crime and security challenges, saying there must be collaboration between the public, religious and traditional leaders to defeat the challenges.

“Kano State being the commercial nerve centre of the North is a beehive of activities and as a cosmopolitan state, with its attendant crime and security challenges; it requires all hands on deck and a collective resolve to achieving a peaceful society,” he said. Idris said the donation of 25 patrol vehicles by the state government would complement the efforts of the police in the state to fight crime especially during the upcoming festive season. “As the yuletide seasons came, the timely donation of this fleet of patrol vehicles went a long way in improving the operational capacity of the police, thus ensuring a safe peaceful yuletide season within the state and across the federation. We will not rest until we guarantee a safe and secure environment where citizens can walk the streets without being harassed, and going to bed with their two eyes closed,” he said. On his part, the Deputy Governor of the state, Professor Hafiz Abubakar, thanked the police chief for the efforts of the force in restoring peace to the state. “We are happy with the Police here in Kano, they have been very wonderful especially in the fight against cattle rustling, kidnapping and other crimes in the state," he said.

• T H I S D AY TUESDAY, january

PERSPECTIVE

What Kanawa Stands to Benefit from the Kano Light Rail Project Kano State Commissioner for Information, Youths, and Culture, Muhammad Garba, writes on the benefits of the light rail project initiated by the Abdullahi Umar Ganduje-led administration

t is on record that the news of the Kano light rail project elicited joy from the good people of Kano State who are not in doubt of the enormous benefits derivable from the light rail transport system in a cosmopolitan, commercial and emerging mega-city like Kano. Given the status of Kano as the most populous state in the country that plays host to hundreds of millions of people from other parts of the country and even neighbouring countries who troop in on daily basis to transact business and engage in various commercial activities, one will not venture into questioning why the Governor Abdullahi Umar Ganduje-led administration with its foresight will give a thought to such laudable project that is in vogue in major cities across the globe. Another major advantage of Kano light rail project will come to bear as attention is drawn to the proposed Dala Inland Dry Port to be established in Zawaciki axis of Kumbotsho Local Government Area. We also have the Kanawa Economic City which foundation laying ceremony will be performed by President Muhammadu Buhari later this month. So, who will say that Kano does not deserve a light rail project? And which transport system will be more effective for haulage of goods from the Dry Ports if not the light rail transport system? Already, Lagos, Abuja and Port Harcourt, have embraced the project and expectedly, by 2017, they would have been completed. Kano needs to move at the same pace with these cities, and that explains the need for a light rail transport system in Kano. It is long overdue. In Africa, Algeria has light rail transport system in major cities like Algiers, Constantine and Oran. So it is in major cities of Egypt, Ethiopia, Morocco and Tunisia. If you travel around other parts of the world, you will attest to the fact that light rail transport system is fast-growing, becoming the major means of transportation within the urban areas. There is no gainsaying that the past 20 years have seen resurgence in the popularity of light rail. Consequently, urbanisation and climate change have made it an effective public transport system. More so, light rail transport system remains imperative in managing congestion, just as it is fast becoming a viable and attractive option for governments and commuters. According to the International Association of Public Transport (UITP), there are well over 400 light rail systems globally, with 60 under construction. Here in Nigeria, there are plans by many state governments to embrace the concept of light rail. Light rail remains a high -frequency, medium capacity rapid transit mode that works alongside, not in opposition to, other modes of transport. Light rail can significantly increase mobility in city -centre and inner-suburban areas, helping to reduce congestion, revitalise neighbourhoods and reduce carbon emissions. Light rail is well-established in Europe and it is undergoing a global resurgence. For Kano as a city, there are broader economic benefits of light rail which include its contribution to reducing congestion and traffic gridlock which is gradually becoming a major challenge to commercial activities within the metropolis. It is expected to increase productivity through greater urban mobility and transport choice. Light rail has been found to be particularly effective in achieving mode shift away from private vehicle travel. It offers efficiency, comfort, and high capacity. The visual reassurance of light rail infrastructure and the guarantee of regular and reliable services are particularly important factors in helping change urban travel behaviour and adore Kano with its befitting status as a mega-city. When completed, the Kano light rail project also has the potential to stimulate associated

Kano light rail construction

investment activity, such as urban renewal projects and residential and commercial development, as well as ensuring accessibility. It is also important to note that the longevity, durability and branding appeal of light rail infrastructure sends a positive message to planners and developers. More so, it will encourage tourism and social activities in the state. In a commercial city like Kano, whether they are shipping goods across the country or travelling from the suburbs to city centre, companies and commuters would rely on light rail or freight services in big and small cities. The costs of driving (gas, insurance and parking) seem like they are constantly on the rise, so municipalities are investing in cost-effective transportation infrastructure options such as light rail. For the ilk of one Abuja-based Muhammad Inuwa Ali (a Kwankwassiyya apologist), who are saying that the Kano light rail project is ill-timed or a misplaced priority as they put it, it is important for them to come to terms with the realities, seeing Kano from the perspective of a 21st century emerging mega-city which has the potential of serving the economic needs of northern Nigeria and neighbouring Niger, Sudan, Senegal and Mali. The world is progressing and we have no reason to lag behind. There is need to start from somewhere, and as a seasoned administrator who has the interest of the good people of Kano State at heart, Governor Ganduje remains committed in executing needed infrastructures that will position the state ahead other commercial cities with taste of modernity and world-class standard. Furthermore, it is important to note that the light rail project will open yet another window to the economic prosperity of the state. Part of the agreement signed is that the light rail project would equally be used for the movement of goods and agricultural products. It is also another opening for the improvement of Internally Generated Revenue (IGR) and will add a boost to the economic activities of our great state. Already, business men and other stakeholders in the state have continued to show their appreciation to the light rail project which they believe will give Kano a new status and even attract more investors because effective transport system is key to economic development. If you are criticising the project because it is being funded through loan, what is wrong in borrowing to establish a viable infrastructure which has the capability of enhancing the economic growth of the state as well as boosting the IGR? Every responsible government borrows to invest in projects that will secure the future of her people; and that is what Governor Ganduje has done (and will continue to do in the interest of the state and the good people of Kano). It has never been a crime anywhere for a government to go

borrowing or partner with genuine investors to bring about developmental projects that can give the state a sound economic base. Ali's piece captioned: “What Governor Ganduje don’t want you to know about the $1.85 Billion Dollars Kano Light Rail,” which is being circulated in the social media is a smack of malice and bad intent aimed at undermining the Ganduje-led administration. I am also aware of one paid-group, parading itself as Civil Society Organisation (CSO), blindly arguing that the Kano Light Rail Project will breed poverty. Reason: ‘that it will take food out of the table of tricycle drivers (otherwise known as adaidaita sahu in this Kano).’ For me, this is laughable, and it gives me a huge concern to wonder whether this group (under the payroll of the Kwankwassiyya) is really a genuine CSO. My background as a senior member of CSO should be a story for another day. However, I want to re-emphasise that I find it very difficult to believe that the so-called CSO which albeit should promote good governance and encourage developmental projects, has descended so low as to play a dirty game for an unprogressive group otherwise known as the Kwankwassiyya. I say this emphatically because the issues raised by the self-acclaimed CSO remain, not only unrealistic, but very doubtful for a city like Kano, known all over the world for its dynamism in terms of trade, commerce, tourism, socio-political and economic development. We are aware that these affronts against the Kano light rail project are ill-conceived by the disciples of the Kwankwassiyya who do not want to encourage anything good and positive in Governor Abdullahi Umar Ganduje’s administration. For the records, let me state it clearly that the idea of this same light rail project they are criticising was nursed by the immediate-past governor of Kano State, Senator Rabi’u Musa Kwankwaso. During his administration, he made an attempt to embark on the light rail project. In fact, the immediate past governor travelled to China with some members of his executive council and discussed with a Chinese company on the Kano light rail project. I personally sighted the prototype of the project which they brought from China in the Governor’s office! Maybe, for lack of adequate planning, the immediate past administration could not actualise the Kano light rail project. I personally have the list of those that accompanied the immediate past governor to China, but I believe that mentioning names will be a waste of time and petty. So, to my own understanding, the Kwankwassiyya is attacking the light rail project out of mere envy, not because they don’t see it as a good project. Furthermore, while they are making noise (just like they always do in many other laudable and

people-oriented projects embarked upon by the Ganduje administration) is that, like I said before, they remain jittery that the current administration has gained the confidence of the people of Kano State.Factually, then, Muhammad Inuwa Ali and his cohorts are naïve and ignorant of the benefits of light rail transport system for a city like Kano. So, it is now very clear that members of the Kwankwassiyya are already intimidated by the pace at which Governor Ganduje is approaching developmental projects in the state, fearing that sooner than later, the Ganduje administration will record far more projects than they executed in four years. Therefore, with huge appetite for power and desperate moves to re-launch themselves in 2019, members of the Kwankwassiyya have resorted to campaign of calumny. But they have failed because Kano people have seen the difference. The writer of the fiction, Muhammad Inuwa Ali, also raised the issue of compensation. This is where they have shot their guns on their own legs. For example, everybody knew what happened when the immediate past administration took over people’s land for the construction of Northwest University without compensating them; there were so many incidents like that which formed the character of the immediate past administration. It is important to note that the Ganduje’s administration has remained a responsible and responsive administration which caters for the wellbeing and welfare of the Kano people. There has never been a time when Governor Ganduje embarked on projects that may involve the use of peoples’ land without making plans for compensation. For instance, people were adequately compensated for all the projects carried out so far, including the Bukavo Barracks under pass and the gigantic Panshekara/Madobi road project. Kano State government is, however, not perturbed over the petty article and campaigns of calumny sponsored by the Kwankwassiyya because the content and tune of the piece depicted the exasperation of a defeated and depleted group, desperate to re-launch itself back to relevance. So, we feel very sorry for the Kwankwassiyya people because it is a well-known fact that the group and their master came with ideologies that were not in tune with the needs and aspirations of the good people of Kano State. There is also the need to remind them that Governor Abdullahi Umar Ganduje inherited a government that left so such burden and liability that only an experienced administrator like the people’s governor will be able to manage. We shall continue to fine-tune certain policies and inject vibrant ideas that will give life to the system of governance.

IMAGES

Esama Ekpeye Logbo , Rt. Hon Prince Chibudom Nwuche, ( left ) and Eze Ekpeye Logbo of Ekpeye Kingdom, HRM Eze (flt Lieut) Robinson O. Robinson, during Nwucheâ&#x20AC;&#x2122;s visit to the king in Rivers State... recently

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Representative of Oyo Central Senatoriial District, Senator .Monsurat Sunmonu(right) and Oyo State Governor, Abiola Ajimobi during the empowerment programme to the people of Oyo Central District Organized by the Senator in Ibadan...recently FELIX ADEMOLA

Abia state Governor, Dr. Okezie Ikpeazu(right) presenting keys of two bedroom bungalows to winners of the mortgage housing scheme he introduced to low cadre Abia civil servants in Umahia...recently

Founder, Oladiran Olusegun Adebutu Foundation(OOA), Mr Oladiran Olusegun Adebutu(right) welcoming the children to a special picnic organised by OOA Foundation for the 300 Orphans and vulnerable Children to formally meet with their donors in Lagos...recently ABIIODUN AJALA

L-R: Sole Administrator, Apapa Local Government, Honourable Luqman Babatunde Alao; Ojora of Ijoraland, Oba Abdul fatai Aremue Ojora and Head of Administration, Apapa Local Government, Mr. Solomon Humwi, during the commissioning of Oba Fatai Aromire Way, Ijora, Lagos...recently

R-L:General Overseer, Redeemed Christian Church of God (RCCG) Worldwide, Pastor Enoch Adeboye; wife of Lagos State Governor, Mrs. Bolanle Ambode; and wife of the General Overseer, Redeemed Christian Church of God (RCCG Worldwide, Pastor (Mrs) Folu Adeboye during the 2017 Annual Thanksgiving Service at the Lagos House, Ikeja,..recently

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BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

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EXCHANGE RATE n u ar a a a r ay

Quick Takes US Drillers Add Oil Rigs

United States (US) energy companies have k added oil rigs for a tenth week in a row, extending the drilling recovery into an eighth month as crude prices remained near an 18-month high. Drillers added four oil rigs in the week to January 6, bringing the total count up to 529, the most since December 2015, energy services firm Baker Hughes has said. According to Reuters, that was the first time the current rig count topped the year ago level since January 2015. A year ago, there were 516 active oil rigs. It was also drillers longest weekly streak of adding rigs since August 2011. Since crude prices first topped $50 a barrel in May after recovering from 13-year lows in February, drillers have added a total of 213 oil rigs in 29 of the past 32 weeks, the biggest recovery in rigs since a global oil glut crushed the market overtwo years starting in mid 2014. The Baker Hughes oil rig count plunged from a record 1,609 in October 2014 to a six-year low of 316 in May as US crude collapsed from over $107 a barrel in June 2014 to near $26 in February 2016. US crude futures were holding around $54 a barrel last Friday as some producers in the Organisation of the Petroleum Exporting Countries (OPEC) started to cut output in line with an agreement reached in November.

INTERNATIONAL RECOGNITION

L– R: Representative, Georgia House of Representatives, Mr. Billy Mitchell; Senator, Georgia General Assembly, Mrs. Gloria Butler; State Representative and Founder/President One Georgia, Mrs. Dee Dawkins- Haigler; Managing Director/CEO Airtel Nigeria, Mr. Segun Ogunsanya; State Representative, Kendrick Dar’shon and State Representative, Roger Brucs, during the conferment of honourary citizenship of the State of Georgia on Ogunsanya, in Atlanta Georgia...recently

How International Pricing of Cooking Gas Escalated Domestic Price Ejiofor Alike The practice whereby Liquefied Petroleum Gas (LPG), better known as cooking gas, is supplied to the Nigerian market at international price, has been blamed for the current escalating cost of the product at the domestic market. The price of 20 metric tonne – one truck of LPG recently increased from around N3.5 million to above N5 million and this increased the retail price of the product as 12.5 kilogramme cyclinder, which used to be sold for N2, 700 N3,500 suddenly went up to above N4,500 in some retail outlets. Marketers of cooking gas, who spoke to THISDAY at the weekend, blamed the development on the international

ENERGY pricing of LPG by the Nigeria LNG Limited, as well as the payment of associated costs, otherwise called agent fees, in dollars. With the pricing of the product being based on the fundamentals at the international market, the marketers argue that the current high price is also fueled by the rising cost of crude oil and the high cost of forex. “NLNG produces LPG locally but the domestic price is based on the price in the international market. That is why when there is winter in Europe and the price of gas goes up, Nigerians are also made to pay the high price even though there is no winter in Nigeria. With the current

rising price of crude in the international market, the price of gas has also gone up and Nigerians are also paying the price. This is the reason why the price of LPG has gone up” said one of the marketers. Another marketer, who also spoke off record, stated that as long as NLNG hinges the price on the international market fundamentals, the current high cost of dollars will escalate the domestic price of gas. “The high cost of dollar and high cost of crude are responsible for the current price hike. Unless there is domestic pricing, Nigerians will continue to pay the international market price, despite the fact that it is a local product,” the marketer said. In an interview with

THISDAY at the weekend, the President of the Nigerian Association of LPG Marketers (NALPGAM), Mr. Basil Ogbuanu also corroborated these claims but pointed out that the “good news is that the product is available in the market.” According to him, the current high cost is artificial cost imposed by importers, adding that the hike would ease a bit when NLNG brings another vessel to Lagos, which was expected at the weekend. “The last consignment of NLNG was sold for N5.1 million per 20 metric tonnes before the stock was exhausted. But those who imported are currently selling N6 million. So, it is artificial cost, which Continued on page 22

Nigeria Reclaims Africa’s Top Oil Producer Spot Chineme Okafor in Abuja Nigeria may have reclaimed its position as Africa’s top oil producer which it lost to fellow African oil producer, Angola earlier in March 2016. According to the December 2016 Monthly Oil Market Report (MOMR) of the Organisation of Petroleum Exporting Countries (OPEC), crude oil production from Nigeria rose slightly above that of Angola even before the January 2017 planned production cut agreed by OPEC and non-OPEC producers. Angola would be expected

ENERGY to cut about 78,000 barrels per day (bd) of its production in the agreement which was sealed in late 2016. But secondary sources in the MOMR indicated that in November, Nigeria and Angola produced 1.692 million barrels (mb) of oil apiece. Similarly, information from primary sources in the MOMR stated that Nigeria produced 1.782mb of oil as against Angola’s 1.688mb to show its takeover of Angola by about 94,000bd. “According to secondary

sources, OPEC crude oil production in November increased by 151tb/d compared to the previous month to average 33.87mb/d. Crude oil output increased the most in Angola, Nigeria and Libya, while production in Kuwait and Saudi Arabia showed the largest decline. “A new OPEC-14 production target of 32.5mb/d as per 1 January 2017 represents a reduction of around 1.2mb/d from October production levels,” said OPEC’s December MOMR. Earlier in the year when Nigeria lost its position as

Africa’s largest producer, its output fell to about 1.677mb, as against Angola’s 1.782mb then. The development was made possible by repeated attacks on Nigerian oil infrastructure by militants in the Niger Delta. This dragged the country’s daily oil production down by about 700,000bd as reported by the Nigerian National Petroleum Corporation (NNPC) in July, and further confirmed by the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu. Continued on page 22

China Extends Waiver on Oil Assets

China is extending tax waivers for importing key drilling and production equipment for both onshore and offshore oil and gas development, the Ministry of Finance said at the weekend. The ministry said Chinese manufacturers are unable to make the equipment, such as semisubmersible drilling platforms used for waters deeper than 1,000 feet and robots in waters deeper than 500 metres. The waivers for both import tariffs and value-added tax apply for the period between January 1, 2016, and the end of 2020, the ministry said on its official website. Beijing has been rolling out a string of policy documents for the 13th five-year plan (2016-2020) in recent weeks, meaning some of these polices are backdated to the start of 2016. The ministry also announced in an earlier statement a tax waiver for drilling equipment used in 20 onshore oil and gas fields in western China in order to boost oil production. The tax waiver applies to oil blocks and natural gas reserves in four regions including Xinjiang, Inner Mongolia, Tibet and Qinghai province, the ministry said. For jointly developed onshore oilfields, China also removed the value-added tax for over 100 types of equipment, it said.

Samsung Wins Mad Dog Contract

Samsung Heavy Industries Company Limited was awarded a contract to start engineering work for BP Plc’s Mad Dog 2 floating production facility (FPU), the company announced on the Seoul, South Korea stock exchange at the weekend. The Mad Dog platform will have production capacity of 140,000 barrels per day, BP reported when it announced last month that the Mad Dog2 project would move forward. Located in the deepwater Gulf of Mexico, the Mad Dog 2 project was approved after the platform’s design was simplified and standardised to reduce project costs by 60 percent to $9 billion. Samsung also reported it had won an order from ENI Corporation for the Coral floating liquefied natural gas project (LNG) in Mozambique. The company said it was awarded the contracts due to its experience with the engineering and construction of FPUs and the large marine projects such as Prelude LNG. In November, Mozambique’s National Hydrocarbons Company approved the investment plan for the Coral South offshore gas project, which ENI is leading.

“We are putting together various programmes to ensure that we achieve at least 60 per cent local refining by the end of this year” Group Managing Director, NNPC, Dr. Maikanti Baru

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BUSINESSWORLD HOW INTERNATIONAL PRICING OF COOKING GAS ESCALATED DOMESTIC PRICE

will not last long. However, whether N5.1 million or N6 million, it is still on the high side because it was N4 million - N3.5 million before this period,” Ogbuanu said. “Unless the pricing template of LPG is changed, Nigerians will continue to be affected by the international pricing. Initially the exchange rate for which NLNG pricing was based was N190 but today, it is over N300 and this has affected the local price of LPG. The good news is that intervention of NLNG has solved the problem of supply,” he added He argued that the scarcity of foreign exchange should not have affected the price of cooking gas in the country because it is a local product and not imported.

NIGERIA RECLAIMS AFRICA’S TOP OIL PRODUCER SPOT

Though Nigeria is still far from recovering to its full capacity, it has also secured a production cap exemption from the rest of OPEC and non-OPEC members on the basis of the attacks on her oil infrastructure. The Niger Delta Avengers, which is majorly responsible for the production disruption, claimed it was fighting for socioeconomic equality in the region. Although, the group and other militants in the region agreed to a ceasefire against further attacks in September 2016, they have however indicated their intentions to resume hostilities following their claims of government’s indifference to their demands. While a committee responsible for monitoring whether the agreed upon cuts by OPEC and non-OPEC members are being made will meet in Vienna on 21 and 22 January to hash out a way to monitor compliance with the deal, Saudi Arabia, Kuwait, Iraq and Venezuela are already honouring the commitment to cut output.

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)

ay, january

NEWS

DAPPMA: NNPC Imports 90% of Petrol Consumed in Nigeria Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) is now the largest importer of petrol into the country, accounting for 90 per cent of the entire importation, the Depot and Petroleum Products Marketers Association (DAPPMA) has said. DAPPMA also said that the corporation was not just importing the largest chunk of petrol consumed in the country, but equally distributing same to ensure a hitch-free products’ supply across the country. According to the Chairman of DAPPMA, Mr Dapo Abiodun, the corporation’s market influence became very obvious during the end of year holiday season when it allegedly made sure petrol was supplied in abundance. Group General Manager Public Affairs of the NNPC, Ndu Ughamadu, in a statement quoted Abiodun to have said this when he led a delegation of DAPPMA members on a courtesy call on the Group Managing Director of NNPC, Dr. Maikanti Baru. “In the past, we were importing 70 per cent of products while NNPC was importing 30 per cent, being the supplier of last resort which is their responsibility. They moved to doing 50 per cent and by November, they were doing about 90 per cent of the volumes.

“So, we have to come and appreciate them because in spite of the constraints that got them to take on the burden of increasing their importation from 30 per cent to 50 per cent and then 90 per cent, there were no hiccups, there were no queues, there were no shortages. We think NNPC should be commended for

that,” Abiodun stated. He said in the statement that DAPPMA was concerned that despite the huge investments of its members in the downstream, they were not able to contribute much to the efficiency in the system as certain operational exigencies have forced them to perform below capacity. Speaking during the visit,

Baru said NNPC was aware of the challenges being encountered in the sub-sector, and he was hopeful that the appropriate government agencies would see to their challenges. He thanked the association for its appreciation of the corporation’s efforts at ensuring a stable products supply

nationwide during the holiday season, stating that DAPPMA was part of the supply chain which made the feat a reality. Baru said the NNPC appreciated the cordial business relationship between it and the association, and assured that the corporation would continue to keep supplies stable across the country.

MAKING OF A MILLIONAIRE

L-R: MD/CEO, Lotgrand, operators of Grandlotto, Niyi Adekunle; winner of a N10.8 million cash in the Yellow Terminal Machine Number lotto game, Razaq Adewale Abdulmalik and Chief Operating Officer, Lotgrand, Wale Adekunle, at the cheque presentation ceremony to the winner in Lagos...recently

Global Leaders Harp on Safeguarding Biodiversity Governments from 167 countries have given unprecedented recognition to the need to protect biodiversity across the agricultural sectors as a key action to achieve sustainable development, including ensuring food security and addressing climate change. Meeting in Cancun, Mexico at the UN Biodiversity conference, governments agreed on specific steps to promote the integration of the conservation and sustainable use of biodiversity within and across the agriculture, fisheries, forestry, and tourism sectors. The conference declaration stresses that the international community must involve different governmental and economic sectors and not just environment ministries to protect biodiversity - the thousands of interconnected species that make up a vital web of ecosystem services upon which global food production depends. “This is a turning point,” said FAO Deputy DirectorGeneral, Maria Helena Semedo. “The agriculture sectors and biodiversity have often been regarded as separate and even conflicting concerns, yet they are inextricably connected. Agriculture is by nature a major user of biodiversity, but it also has the potential to contribute to its protection,” she added. “Now that the international community has demonstrated

its commitment to link both, we can really start building bridges, breaking down silos and tackling global challenges in a more concerted and coherent manner,” Semedo said. At the Cancun meeting, governments welcomed relevant policy frameworks, guidance, and tools developed by FAO and invited countries to use guidance from FAO related to biodiversity and the agricultural sectors. The Cancun meeting also welcomed the new biodiversity platform launched by FAO at the Conference to build bridges between sectors, identify synergies, align goals and develop integrated cross-sectoral approaches to mainstreaming biodiversity in the agriculture, forestry and fisheries sectors. Aimed at facilitating cross-sector dialogue, the platform will allow ministries of agriculture, forestry, fisheries and environment to share experiences and explore how to best encourage sectors that depend or have an impact on biodiversity to adopt integrated approaches for its conservation and sustainable use The Cancun meeting invited FAO to continue supporting countries in the development and implementation of measures, guidance and tools to promote the mainstreaming of biodiversity in the relevant sectors. Earlier this month, FAO’s Council, the organisation’s ex-

ecutive, endorsed principles of a Common Vision for Sustainable Food and Agriculture as

a basis for the policy dialogue and governance arrangements needed to identify sustainable

development pathways across sectors and along related value chains.

Enugu Disco: Two Apprehended for Vandalising Substation Ejiofor Alike The Enugu Electricity Distribution Company (EEDC) has reported the arrest of two suspects, who vandalised the company’s Ekenna Distribution Substation in Ariaria, Abia State. According to a statement by the company’s Head of Communications, Mr. Emeka Ezeh, the duo, identified as Obinna Iwu and Ogbonna Ifegbu, who were arrested in possession of the vandalised armoured cables, have been handed over to the police for prosecution. The statement added that the attack on the Ekenna Distribution Substation is coming few days after the Civil Defence Distribution Substation in Umuahia, Abia State was vandalised by one John Udokachi. Udokachi, who was allegedly caught while burning off the insulator on the vandalised armoured cable, was also handed over to the Police for further prosecution. “We are not relenting in our commitment towards tackling this growing trend. We continue to appeal to well meaning and law abiding customers to report

any incident and also partner with EEDC in safeguarding installations within their neighborhood, as customers are the worst hit once these installations are vandalised,” the statement added. The company also commended the efforts and support of vigilante groups and security agencies such as the Civil Defence Corps, the army and the Nigerian Police towards ensuring that this ugly menace is addressed and perpetrators brought to book. EEDC had recently received hard knocks by the acting Chairman of the Nigerian Electricity Regulatory Commission (NERC), Dr. Anthony Akah, for what he described as the worrisome safety records and high rate of accidents in the company’s network, which recorded 14 deaths and five injuries in 2016 alone. The NERC boss had also berated EEDC for alleged violation of its performance agreements - flagrant disregard of Commission’s directives on mass disconnection of communities as well as high incidences of high estimated billing resulting from inadequate electricity

metering of its customers. It also indicted EEDC for failure to submit inventory data for 2016 to the commission and slammed N13 million fine on the company. “It is on record that within the period of January to September, 2016, Enugu Electricity Distribution Company recorded over 2,466 unresolved electricity complaints from electricity customers who were dissatisfied with services rendered,” Akah added. To ensure that electricity customers within EEDC’s network would have a fast track resolution of their electricity complaints, NERC had opened the Owerri Electricity Customer Complaints Forum Office to handle unresolved complaints from the customers care unit of the company. “This Forum Office is no respecter of class, rights are equal’’ Akah said. He called on electricity customers across the country to desist from taking electricity complaints to court; advising those with electricity issues to approach the Forum when dissatisfied with a Disco’s action,” Akah said.

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BUSINESSWORLD

ENERGY

Deepening Local Participation in Crude Oil Lifting Since oil multinational dominate the exploration and production business in Nigeria, crude oil lifting contracts awarded yearly by the Nigerian National Petroleum Corporation should be restricted to Nigerian companies to deepen local participation and boost the economy, writes Ejiofor Alike After over 50 years of crude oil exploration and production in Nigeria, the country’s independent companies are yet to build adequate technical and financial capacity to play a dominant role in the exploration and production (E&P) business. Today, only about 10 per cent of Nigeria’s daily production of over two million barrels of crude oil is produced by the Nigerian independent companies, while the rest is produced by the deep pocket multinationals and other foreign players. Though the oil and gas sector is a global business, indigenous companies and National Oil Companies (NOCs) are showing increasing appetite to participate in the business that is currently dominated by the multinationals. With the domination of foreign companies in Nigeria’s E&P, the country’s economy is exposed to a potential risk of collapse in the event of any international sanctions that will require the IOCs to pull out of the country. Unlike Iran, which survived international sanctions as a result of the deep involvement of the country’s local capacity in the oil and gas business, Nigeria does not stand a chance of economic survival in the event of any diplomatic confrontation with the western countries. Though Iran lost its position as the secondlargest producer among the member countries of the Organisation of Petroleum Exporting Countries (OPEC) when the west tightened sanctions in 2012, the country’s economy did not collapse because the deep involvement of local players in the country’s oil and gas sector was able to sustain the country’s E&P business. In less than one year after the sanctions were lifted, Iran has ramped up its daily output to pre-sanction level, producing over 3.8 million barrels per day, with a target to hit 4.28 million barrels per day of crude oil and one million barrels of condensates per day in the next four years, according to National Iranian Oil Company. Iran, currently OPEC’s third-biggest producer, was pumping 4.085 million barrels per day before the sanctions were imposed. With the low participation of indigenous manpower and facilities in crude oil production in Nigeria, any sanctions on the country’s crude oil will potentially collapse the economy as the crude oil produced by the Nigerian independents cannot sustain the economy. It is, therefore, imperative that with their minimal participation in the E&P sub-sector, Nigerian companies should be encouraged to deepen participation in other sub-sectors where they have built the required capacity. In the provision of services for the industry, Nigerian companies have demonstrated increasing capacity, buoyed by the enactment of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010. Having invested heavily in local capacity development, indigenous manpower and facilities are increasingly involved in complex projects, which were the exclusive preserve of the foreign services providers. NNPC’s yearly term contracts The yearly lifting of Nigerian crude for the NNPC is an area where Nigerian downstream companies have demonstrated enough capacity to compete favourably with foreign oil traders and refineries. But instead of allowing only Nigerian companies to play in this area to compensate for their low participation in the E&P and other sub-sectors of the oil and gas industry, the NNPC has, over the years, split the contract almost 50:50 between Nigerian companies and foreign players. In the 2013 exercise for instance, the NNPC awarded the lifting contracts worth about $40 billion to both Nigerian and foreign companies. The NNPC allocated the contracts to 28 companies, as against about 50 in 2012 term contracts. Though it broke with tradition, as no contracts were given directly to foreign traders such

Buhari as Glencore, Trafigura and Vitol, with only Switzerland’s Mercuria winning a contract, yet the Corporation initially made a failed attempt to exclude Nigerian companies. Before the NNPC decided to favour local entities in the 2013 term contracts, the Corporation had attempted to exclude local players from the contracts through stringent guidelines that could have favoured only foreign companies. In a flagrant breach of the Nigerian Content Law, the NNPC had deliberately issued 2012/2013 guidelines for crude oil lifting contracts to favour foreign contractors, prompting the intervention of the Nigerian Content Development and Monitoring Board (NCDMB) and the Presidency. Following a THISDAY’s report, which prompted the intervention of the NCDMB and the Presidency, NNPC had to issue new guidelines to conform with the Nigerian Content Act. Increasing local participation Though there has been increasing local participation in the NNPC yearly contracts, the entire deals are supposed to be handled by only indigenous players, given foreign dominance in other sub-sectors of the industry, especially in crude oil production. The 2014/2015 contracts were expanded to about $52 billion worth of crude oil, up from $40 billion, while 38 companies were awarded contracts to lift crude oil from June 1, 2014 to May 31, 2015. The list comprises 21 indigenous companies; eight international oil traders; two foreign refineries; two subsidiaries of the NNPC and three countries, represented by their state-owned National Oil Companies (NOCs). According to the list, 21 indigenous companies were awarded contracts to lift a total of 630,000 barrels per day of crude oil during the one-year period, representing 57 per cent of the 1,179,000 barrels per day awarded to the 38 beneficiaries. The list also showed that eight international oil traders got an allocation of 240,000 barrels per day, representing 20.5per cent of the whole allocations, while two foreign refineries got 60,000 barrels per day, or 5.1per cent of the allocations. Two subsidiaries of the NNPC were awarded contracts to lift 90,000 barrels per day, which translated to 7.7per cent, while three countries, represented by their NOCs also got 90,000barrels per day.

Kachikwu A breakdown of the allocations showed that each of the 21 indigenous traders, mostly downstream companies, got an allocation of 30,000 barrels per day. Also included in the list were eight international oil traders, which got an allocation of 30,000 barrels per day of crude oil each. Two foreign refineries – Fujairah Refinery Limited and PTT Public Company Limited received an allocation of 30,000 bpd each; while two subsidiaries of the NNPC – Duke Oil and Calson were awarded 30,000 bpd each. The NNPC also entered into bilateral commitments with the Republic of Malawi; SINOPEC of China and Indian Oil Corporation Limited, with each of these entities receiving 30,000bpd. In summary, over 60 per cent of the 2014 to 2015 annual term contracts for the lifting of Nigeria’s crude oil were awarded to local firms. In the 2016 crude oil lifting contracts, which were the first of such contracts to be awarded by the administration of President Muhammadu Buhari in December 2015, a total of 21 companies got the contracts. This administration had four months earlier revoked the term contracts awarded by the previous administration. Under the new contracts, indigenous Nigerian firms were awarded contracts to lift 41 per cent of total crude allocation, while major trading firms got 47 per cent of the crude oil allocation. NNPC trading affiliates were awarded 12 per cent of the total allocation, bringing the total allocation to Nigerian companies to 53 per cent. President Buhari had also earlier ordered the immediate cancellation of all offshore crude oil processing agreements and crude oil swap deals for refined petroleum products between the NNPC and various oil traders, in line with the recommendations of the Ahmed Joda-led Presidential Transition Committee. The government had invited fresh bids and at the expiration of the deadline for the submission of application by prospective bidders, about 278 bids were received from various indigenous and foreign firms and 21 firms had emerged winners. The companies awarded contracts to take 60,000 barrels per day of crude oil include Emirates National Oil Company (ENOC), Indian Oil Corporation, CEPSA Refinery Madrid and Sara SPA Refinery. International trading companies - Trafigura PT Limited, Mercuria Energy Trading SA and Vitol SA won the contract to lift 32,000 bpd

of crude. Affiliates of international oil companies - ENI Trading and Shipping SPA, Total Oil Trading SA (TOTSA), Exxon Sale and Supply LLC and Shell Western Supply and Trading also received term allocation of 32,000 bpd each, totaling 128,000 bpd, representing about 13 per cent of total volume of crude oil on offer. Indigenous Nigerian downstream players were allocated about 405,000 bpd, representing about 41 per cent. NNPC trading companies - Carlson/Hyson was allocated contract to lift 32,000 bpd, while Duke Oil Incorporated, the NNPC affiliate was awarded contract for 90,000 bpd, accounting for about 12 per cent of total volume. For the 2017/2018 term contracts, 39 winners comprising 18 Nigerian companies, 11 international traders, five foreign refineries, three National Oil Companies (NOCs), and two NNPC trading arms were successful. The list of 224 bidders dropped from the 278 that applied for the contracts in 2015, because the NNPC said it had introduced some new criteria that had to be met by bidders. The contract will run for one year effective January 1, 2017 for twelve consecutive circles of crude oil allocation. All the contracts are for 32,000 barrels per day except for Duke Oil Limited, the oil trading arm of NNPC, which shall be for 90,000 barrels per day. Apart from the 16 Nigerian companies, and two NNPC subsidiaries, the international refineries that made the list include Indian refiner, Hindustan Energy, Varo Energy, Sonara Refinery, Bharat Petroleum and Cepa. Trafigura, ENOC Trading, BP Trading, Total Trading, UCL Petro Energy, Moco Trading, Levene Energy, Glencore, Litasco Supply and Trading and Heritage Oil are the 11 international traders that were selected. Term contracts were also awarded to India (Indian Oil Company), China (Sinopec), and South Africa’s SacOil based on governmentto-government contracts. Though the oil and gas industry is a global business, but competent Nigerian companies that submit bids should be used to substitute foreign companies to deepen local participation in the industry, boost employment generation and curb capital flight for the benefit of the Nigerian economy.

T H I S D AY • u

BUSINESSWORLD

ay, january

ENERGY

Enahoro: Why Power Sector Has Failed to Employ Jobless Youths

Managing Director of Kuro Communications, Michael Enahoro spoke to Chineme Okafor on the challenges of Nigeria’s power sector, saying the execution of the 2005 Electric Power Sector Reform Act has been faulty and unable to absorb the millions of unemployed youths in the country. Excerpts: It would be nice to know you and the entity you represent? My name is Michael Enahoro, I am the Managing Director of a strategic project management company called Kuro Communications, one of the few companies in Nigeria that does innovation development and strategic projects integration. What that means is that we look at several aspects of the economy for the private and public sector and create the ‘Nigerianised’ international standard parts that fit with what is required in the economy and offer that to public and private sector entities that are most positioned to develop and utilise them. You will seldom hear about us but you see a lot of our works. What are your specific worries about the power sector? A couple of issues have really driven my concern. Our continuous observation is that Nigeria is incapable of reaching adequate power supply, and we have not taken a proper evaluation of the key aspects of the power supply system – generation, transmission and distribution, in line with the requirements of the country. People continue to say that power the backbone of the economy, and a country like Nigeria shouldn’t be doing anything short of 50,000 megawatts because we are blessed and properly situated to tap into hydro, solar and gas power generations and supplies. If you look at these three sources, you could ask why Nigeria has not gotten to a 24 hours power supply regime, and my main concern is that we have not really looked at it from the point of investment. We started this reform programme in 2005 when we decided to deregulate the sector and spent about $16 billion on that, we even went down to rural electrification. From that time and the sort of investment, no country in the world would be struggling to generate 5000 megawatts of electricity. My thoughts are that the Nigerian transmission capacity is outdated and that could have provided an ample opportunity for huge economic activities comparable to the telecommunication and banking sectors reform. If we can successfully liberalise key sectors of our economy like banking, telecommunication and petroleum, why not power which is 10 times bigger than they are. We should have taken the segments one by one starting from the transmission segment but the political will was never there, otherwise, we wouldn’t be talking about the same things after many years of reforming. The reasons why we are where we are in the power sector are not very many, the right things and persons have not be done or put in place in the sector. If every other things have worked over the same period, why has it not worked in the power sector, I say it is all about commitment. What really should we be looking at then? We have set the building blocks, but the truth is that the foundation is wrong. With NERC, the private sector actors and others in the sector being set up to work with power infrastructure that were last built in 1966 and 1965, there is no way they will turn in results, we have to rebuild the infrastructure and it is not a hard task. But the reform is meant to address this and rebuild the foundation? Not at all. The foundation was never touched otherwise we should have allowed Manitoba do its job at the TCN and shouldn’t have sold the distribution networks yet when we know we could not generate the power to distribute to Nigerians. If you are generating less what are the guys at the distribution networks going

The political class don’t understand exactly how to plan for Nigeria’s future in this sector and this is appalling because we are now trying to force the hands of the end users by increasing the rates for power that is generated at exorbitant costs and which should not be in this century when you consider the advances made in technology and business financing and reengineering

Enahoro to distribute to homes and offices. We should have allowed Manitoba to do their job, we should have been patient and endure the pain to get to the level we want. If the telecoms guys can build up thousands of telecom towers and connected millions of Nigerians over few years and people negated NITEL for them, and we have a stable telecoms sector, why can’t we do that in the power sector? We need to significantly rebuild the transmission capacity we have because it cannot take our potential to generate and that means we have to work backwards and reengineer the structure with a sincerity of purpose from the government in all aspects. Can government honestly reengineer for instance, the TCN that is historically defined by evidence-based operational irregularities? Of course, it can with a clear sincerity of purpose and a forward outlook. A lot of people in government don’t read policies and white paper documents are signed by them. The document written by Lanre Babalola is one of such documents but the government refused to just read. We need a president with a futuristic outlook, a president who can see 30 to 40 years down the line and begin to work towards that with clear goals and committed people. I was part of the people that worked on the MTN bid when the telecoms reforms started and nobody believed it was possible because few years back we had failed with the Abacha’s license sale but when we got here, we found there was no power, yet Nigerians ingeniously started connecting generators to support this

sector. If all the generators in the telecoms towers are connected to the grid, their latent capacities will give us 6000 megawatts which the country is struggling to generate. Does the country have the appropriate political leadership to drive this big picture plan in the power sector? Right now, the country does not have that political leadership to drive this sort of reform. The political class don’t understand exactly how to plan for Nigeria’s future in this sector and this is appalling because we are now trying to force the hands of the end users by increasing the rates for power that is generated at exorbitant costs and which should not be in this century when you consider the advances made in technology and business financing and reengineering. With regards to the social aspects of the power sector and Nigeria’s high youth unemployment, is the policy enough to address this? Not at all, there are no central policies to address this. The ministry of youth is misguided and do not understand what the economy needs today in terms of workforce and what the NYSC is producing, you will see that there is a misstep. The ministry of labour and its NDE (National Directorate of Employment) programme are also in misstep with what the economy needs today and they are hovering here and there with no output. From 2001 to 2005, the Nigerian Bureau of Statistics reported that Nigeria sucked in 92.6 per cent of its graduate population into the telecoms and banking industry because the

opportunities for building and growing the sectors were there. Everybody became telecom service providers and all sorts of work but that is not the case for the power sector. If we are able to retool our power sector, it will absorb a lot of our youths into employment, as well as create new skills sets for the sector. The power sector opportunities are so huge that it is able to take up millions of our young people in. The current government is almost two years old, have you honestly seen steps that could address Nigeria’s power challenges come from it? To be honest, I haven’t. There was a tender recently by the TCN that it wants to do five big transmission projects, for me, that is not the way to go. There has to be a complete change of approach to the power sector issues. Nigeria does not have the fund to do these things, and I don’t see where that makes sense without an honest framework that will allow private investors come, put their monies and eventually make decent returns. But the EPSR Act 2005 provides for all that? You can write all the words you want in a document and still don’t believe in them. It is not the words you write down or say but your actions that lead you through. A policy statement is a policy statement, we are awarding contracts in tender journals few months after we kicked out Manitoba and doing the things that send the wrong signals to other investors. Your body language is not telling the international communities that you are open for business even though the words are there in policy papers.

WEEKLY PULL-OUT

10.01.2017

NIGERIA: A CASE FOR TRUE FEDERALISM

2/DASHBOARD

10.01.2017

Validity of Will: Who Bears Burden to Establish? PAGE 4

Group Asks Buhari to Appoint Justice Onnoghen as Substantive CJN PAGE 5

Lawyer Petitions UN over DSS Continuous Detention of Ex-Militant PAGE 5

Justice Akanbi, Okpoko, Ojukwu, Others for 13th Annual Gani Fawehinmi Lecture PAGE 6

QUOTABLES 'We must also consciously move away from shielding the court from the public.This undoubtedly, has its own risk. We urge you to consider invoking your inherent power of contempt, where there are such violations or infractions in respect of matters that are sub-judice.' – Honourable Justice Walter Onnoghen, Acting Chef Justice of Nigeria

'You must realise that the man is still in the UK. It (U.K.) is not part of the world where you openly celebrate criminality. You don't roll out the tanks when a man is released from jail, for offences that are heinous. You don't turn them into a Mandela. No matter who you are, the law is higher than you. It is only here that you have big people, fat cats, who can deal with our law and make a mockery of our law with impunity. Over there, if they think that you are not sober enough, they can charge you again with other offences. I think that was why Dr Emmanuel Uduaghan, the former Delta Governor appealed to Chief Ibori's supporters, not to land him in more trouble.' – Femi Falana, SAN

‘Dream Big and You Will Succeed in Law Practice’ PAGE 6

Why do Oil Companies do Farmouts and Farm-ins? PAGE 7

2016: Review of Some Significant Cases (Labour & Employment Matters) PAGE 11

COLUMNISTS 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-a-vis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.

MICHAEL JONATHAN NUMA The word“Canvass”in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in detail. This column attempts to critically analyse trending legal issues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial decisions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.

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

The N5,000 Per Month...

ne crucial and urgent issue that Government must deal with forthwith, is that of unemployment and job creation. Most of my life here in Nigeria, rich or poor, people were always able to do the basics, that is, live, work and send their children to school, even if it was a non-fee paying government or religious school, and the children got a good education. But alas, today, majority are finding it almost impossible to live, to work, talk less of keeping their children in school. Apparently, a lot of women in the cities, have sadly turned to the “oldest profession in the world”, prostitution, just to keep body and soul together. One of the campaign promises of the APC was to give N5,000 per month to the poor. It is commendable that government has decided to make good on its campaign promise. However, with a population of almost 170 million, a monthly stipend of N5,000 (about $12 or so), to 1 million people seems to be nothing more than a drop in the ocean, and certainly not the answer to anyone’s problems. It seems rather unrealistic. Statistics have shown that about 38.7% of Nigeria’s population are extremely poor, and qualify for this stipend, that is, about 64 million people. Yes, I do agree that it is the first time in the history of Nigeria, that any government has taken such a step, “to spend the resources of Nigeria on the Nigerian people in a direct and impactful way”, and though it shows a measure of compassion on the part of Mr President, so much more is required to alleviate the suffering of the people, though at the end of the day, N5,000 a month to 1 million people, is better than Zero Naira a month to zero number of people. How does the government even intend to share this N5,000 among the people? How would a person qualify for this scheme, as opposed to his neighbour, who is probably suffering the same hardship? We must not forget the provisions of Sections 16(1)(b) and 17(1) & (2)(a) of the Constitution of the Federal Republic of Nigeria (as amended in 2010)(1999 Constitution), which guarantee the maximum welfare, happiness, social justice and equality for all Nigerian citizens, meaning that if 64 million people qualify for this stipend, 64 million people, and not just 1 million, should

receive it. Apparently, the World Bank had been working in 8 States, namely Kwara, Bauchi, Cross River, Niger, Kogi, Oyo, Ogun, and Ekiti, to develop a social register, which identified the poorest local governments in those states. Within the local governments, communities with the poorest and most vulnerable, were then identified. Bornu State was subsequently added as the 9th state, obviously because of the internally displaced persons (IDPs). People within these communities are supposedly the ones that make the list of the poorest and most vulnerable, and there is room to question or review the list, if there are people on it that should not be, and vice versa. The Nigerian Interbank Settlement System (NIBBS) manages the funds, and is in charge of how and when the money is disbursed. A Senior Special Assistant to the President recently stated in an interview that, funds have been released only for the first three states, Bornu, Kwara and Bauchi, for the periods December, 2016 and January, 2017. The other 6 states are yet to receive theirs. Recently, a friend of mine, an electrician, stopped by to visit me, as he usually does when he comes to my neighbourhood. He lamented to me that no income was coming in, as there was no work, and that he could no longer pay his children’s school fees. The child whom he had managed to train through the Polytechnic, had graduated and also had no job. After exchanging pleasantries and updating ourselves, he then went on to tell me how he was at the point of desperation, saying “Madam, ebin pa wa o. Ejo, ise ki se ti e ba le ba mi ri, ma se. Ko ba je ise labourer, ma se” (“Madam, we are hungry o. Please, any type of work that you can secure for me, I will do it. Even if it’s a labourer’s job, I will do it”). It seems that my friend has also become qualified to be a beneficiary of the N5,000 monthly stipend. His story of unemployment, however, is not different from that of millions of other Nigerians, especially the youths. Graduates stay at home for years, without being able to secure any jobs. Some end up riding ‘okadas’ (motorcycles), or have taken to crimes like armed robbery and kidnapping, to make a living. Government has to stimulate the economy, so that jobs can be created. In the third quarter

of 2016, the National Bureau of Statistics put the rate of urban unemployment at 18.9%, while youth unemployment and underemployment, was over 40%. Reduce interest rates to increase purchasing power. Invest in rural infrastructure, roads, water, education and healthcare. Face the issues of agriculture and manufacturing squarely. Encourage manufacturers who have gone under, to get back on their feet, so that they in turn, can employ labour. After all, manufacturing is one of the greatest wealth creators of any economy. It is a well known fact that three-quarters of the world’s poorest live in rural areas, with their livelihood depending on farming. Statistics show that Africa has 34% of the arable land in the world. This is extremely huge. Therefore, support for farming is essential for poverty reduction. Farming brings in income, reduces poverty by lowering and stabilising food prices with more supply, and creates more employment for rural people. In the case of my electrician friend and those in the rural areas, government and donors should make agriculture more attractive to the people, so that even my electrician friend, and his graduate son who has been unable to secure a job in Lagos, could decide to go back to their village to start up something in agriculture. There has to be a harmonisation of modern technology with traditional and indigenous knowledge, so as to be able to realise sustainable rural development. City people are put off farming, because of the old primitive traditional ways, which involve too much manual labour, and are physically tasking and unattractive, with seemingly low harvests and returns. It also seems that access to technology is usually the preserve of large scale farmers and livestock producers, and this should not be so. Improved technology and mechanised farming for the small scale rural farmer, is imperative. People in the rural areas, should be empowered by government and donors. Women (men), and youths should be encouraged to form organisations, such as local cooperatives, from which they will have access to funding. Regular workshops by government and donors, on modern agricultural techniques and how to grow their businesses, should be undertaken. Initiatives like this will encourage the unemployed in the cities to go back home to their villages, to engage in farming, poultry, fish farming and so on. I recently watched a program on television, on weaving of aso-oke in Ilorin. One of the spokespersons for their aso-oke weavers association, stated that a youth could make up to N2,000 daily, in that line of business, with plenty of room for expansion, with the right support. The spokesperson said that they had no support and access to funding. That it was difficult to secure any type of loan facility from the bank, because the banks did not even recognise them. Would it not be better for government do all it can to encourage the youths to be able to realise that N60,000 a month (equivalent of N2,000 daily) for a start, instead of doling out N5,000 a month to them? I know of a manufacturing company in Ibadan, which not only used to produce for the Nigerian market, it also exported its product to other African countries, earning foreign exchange. The company employed about 600 staff, with plenty of room for expansion. Due to inconsistent government policy and actions of corrupt officials in past governments, the company eventually had to scale down its activities to almost zero. A company with a staff strength of 600 became dormant, and its staff strength

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

"AFTER EXCHANGING PLEASANTRIES AND UPDATING OURSELVES, HE THEN WENT ON TO TELL ME HOW HE WAS AT THE POINT OF DESPERATION, SAYING “MADAM, EBIN PA WA O. EJO, ISE KI SE TI E BA LE BA MI RI, MA SE. KO BA JE ISE LABOURER, MA SE” (“MADAM, WE ARE HUNGRY O. PLEASE, ANY TYPE OF WORK THAT YOU CAN SECURE FOR ME, I WILL DO IT. EVEN IF IT’S A LABOURER’S JOB, I WILL DO IT”). IT SEEMS THAT MY FRIEND HAS ALSO BECOME QUALIFIED TO BE A BENEFICIARY OF THE N5,000 MONTHLY STIPEND. HIS STORY OF UNEMPLOYMENT, HOWEVER, IS NOT DIFFERENT FROM THAT OF MILLIONS OF OTHER NIGERIANS, ESPECIALLY THE YOUTHS"

dwindled down to about a skeletal 20. Past governments preferred to give waivers to their friends and cronies, to import the same product as the Company’s (inferior to that of the Company’s, as importers were also allowed to cut corners on quality, while officials looked the other way), thereby creating jobs for foreigners, while happily depriving our own people of jobs and a means of livelihood, because of greed and self-interest. Former President of the United States of America, Bill Clinton’s philosophy that the best social program is to create jobs, is an extremely wise one. During his two terms as President, he succeeded in creating a record 21.5 million jobs for Americans, doing slightly better than Barrack Obama, who is reported to have created 21.2 million jobs during his own two terms in office, creating jobs even during the 2010 recession. It is time for government to start walking the talk of job creation, very seriously. During the regime of former President Jonathan, Nigeria is reported to have dropped from the 4th to the 7th largest cocoa producer in the world. In this new dispensation, Nigeria is said to have risen to the 5th position. This is certainly a step in the right direction. However, we need many more steps like this to reduce the rate of unemployment in Nigeria.

4/LAW REPORT

10.01.2017

Validity of Will: Who Bears Burden to Establish?

T Facts

he Respondents, the first wife and sons of a certain Augustine U. Amadi (deceased), instituted an action against the Appellants at the High Court of Imo State seeking amongst other reliefs, a declaration that the purported Will of the deceased which the fourth Appellant proposed to unseal and read at the Probate Registry, Owerri was not his last Will and Testament. The Appellants were the second wife of the deceased, the Executors of the said Will and the Probate Registrar of the High Court, Owerri. At the trial court, the Respondents contended that the Appellants were the Propounders of the Will; therefore, they bore the burden of proving the validity of the Will, and of opening their case first. The Appellants, on the other hand, argued that it was the Respondents who were challenging the validity of the Will, that had the burden of proving its invalidity. The trial court however, called the Respondents to open their case. At the conclusion of trial, the court delivered judgment in favour of the Appellants, holding that the Respondents failed to prove their case. Dissatisfied, the Respondents appealed to the Court of Appeal. The Court of Appeal allowed the appeal and upturned the decision of the trial court. The Appellants, consequently, appealed to the Supreme Court. Issues for Determination At the Supreme Court, the Appellants formulated two issues for the determination of the Court, to wit: i. Whether, in view of the state of the law, the pleadings, facts and circumstances of this case, the Court of Appeal was right in concluding that the Appellants had the first onus of proof and they failed to discharge same. ii. Whether the Court of Appeal rightly set aside the judgement of the trial court, which held that the Respondents failed to prove their case and that the Will was valid. The Respondent also formulated two issues for the determination of the court, as follows: i. Whether the Court of Appeal was right that the Appellants being the Propounders of the last Will of late Chief Augustine Umunnakwe Amadi, had the primary onus of proof, and they failed to discharge the said onus. ii. Whether the Court of Appeal was right when it set aside the judgement of the trial court on the ground that the Appellants failed to prove that the Will was the valid Will of late Chief Augustine Umunnakwe Amadi. In determining the appeal, the Supreme Court adopted the issues formulated by the Respondents. Arguments On the first issue, the Appellants argued that probate matters, like any other civil matter, are provable in line with the rules and guidelines stipulated in the Evidence Act. They contended that the burden of proving a fact lies on the party against whom judgement will be given, if no evidence is given in respect of that fact. The Appellant relied on the case of REVERE WARDA VERE-WARDALE v JOHNSON (1949) 2 All E.R. 250, 251 amongst other cases, in arguing that there was a presumption of validity in favour of the Will, as provided for in Order 49 Rule 20 of the High Court of Imo State (Civil Procedure) Rules, 1988. By the provisions of this Rule of Court, the duty of the Court is to examine the Will, to see whether it appears to have been duly executed, and whether the attestation clause states that the Will has been executed in accordance with the law. They maintained that once the Will, on its face, seems to have complied with the law as to form, it is valid without further assurance, until the contrary is proved. Counsel to the Appellants argued that, the Appellants had no burden of proving that which had already been presumed in their favour, and it is a misconception that a Propounder of a Will has the first burden of proving its validity. The Respondents, on the other hand, argued that in civil cases, the burden of proving the existence or non-existence of a fact, lies on the party against whom judgement would be given, if no evidence were produced on either side, regard being had to any presumption that may arise in the pleadings. With particular reference to Wills, the Respondents

Chima Centus Nweze, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 16th Day of December, 2016 Before Their Lordships Olabode Rhodes-Vivour Mary Peter Odili Clara Bata Ogunbiyi Chima Centus Nweze Amiru Sanusi Justices, Supreme Court SC.86/2007 Between 1. Regina U. Amadi (Mrs) 2. Robert O. Emerenini 3. Obiora Amadi 4. The Probate Registrar, High Court Owerri.................. Appellants And 1. Sophia Amadi (Mrs) 2. Augustine U. Amadi 3. Kenneth U. Amadi ......Respondents Lead Judgement delivered by Chima Centus Nweze, JSC

espoused that the onus lies, in every case, on the party propounding the Will. Such a party must satisfy the Court that the instrument is the last Will of a free and capable testator. When the primary onus is discharged, then the secondary onus of proving the allegation of fraud, lack of proper execution or forgery, then shifts to the party challenging the Will. Counsel for the Respondents cited the case of OKELOLA v BOYLE (1998) 2 NWLR (Pt. 539) 533, 549 amongst other cases in support of his argument. The Respondents stated that from the state of the pleadings, the Appellants were the Propounders of the Will, and the burden of proving the validity of

"WHENEVER THERE IS A DISPUTE AS TO A WILL, THE INITIAL BURDEN OF PROVING THE TWIN REQUIREMENTS OF DUE EXECUTION AND THE SUBSISTENCE OF THE TESTATOR’S MENTAL CAPACITY, MUST ALWAYS BE BORNE BY THOSE WHO PROPOUND IT AND NOT THOSE WHO ARE CONTESTING ITS VALIDITY"

the Will rested on them. On the second issue, the Appellants argued that the Will, on its face, showed an intimate, detailed knowledge of the testator’s dependants and property. It evidenced the testator’s equity and fairness, which could not have emanated from a deluded mind. Counsel for the Appellants, also observed that the attestation clause in the Will spoke for itself that the provisions of section 9 of the Wills Act, was complied with. Even though the Respondents contended at the lower courts that the deceased did not hold himself out to be Augustine Umunnakwe Duruaku Amadi as stated in the Will, the fact that one of the Appellants’ witness at the trial court who had known the deceased over a long period of time referred to him variously as Augustine Umunnakwe Amadi and Augustine Umunnakwe Duruaku Amadi ought to establish that the two names referred to the same person. On the other hand, the Respondents argued that there was no due execution of the Will as stipulated by the law. First, the 2nd Respondent, as witness before the lower court gave unchallenged evidence that the signature on the Will was not the deceased’s signature. Second, the witnesses to the supposed execution by the deceased neither identified the signature on the Will as that of the deceased, nor testified to the fact that the deceased appended his signature in their presence, at the trial court. They merely identified their own signatures. He reiterated, that where evidence given by a party is not challenged under cross-examination by the other party who had the opportunity to do so, the court seized of the matter, has a duty to act on it. Court’s Rationale and Judgement On the first issue, the Supreme Court held that, the burden of proof on pleadings rests on any party, whether plaintiff or defendant, who substantially asserts the affirmative of an issue. The Court also relied on the authority of OKELOLA v BOYLE (supra) to hold that whenever there is a dispute as to a Will, the initial burden of proving the twin requirements of due execution and the subsistence of the testator’s mental capacity, must always be borne by those who propound it, and not those who are contesting its validity. The court stated that the Respondents made negative assertions at the trial, to the effect that the late A.U. Amadi left no Will or in the alternative, that there was no valid Will of A.U. Amadi. The Appellants on the other hand pleaded the opposite, that the purported Will was the valid Will of A.U. Amadi and that it had complied with the conditions for its validity. In upholding the decision of the Court of Appeal, the Supreme Court held that the Appellants had the initial burden of proving that the purported Will was duly executed, and that the deceased had the necessary mental capacity, before the burden of proving that the Will was not duly executed, or that the deceased lacked the mental capacity, would then shift to the Respondents. On the second issue, the Supreme Court held that as a testamentary document, there was need for proof of due execution and validity of the Will. The Appellants needed to have proved by evidence, that the purported Will of the deceased was read to the deceased, before he appended his signature. They also needed to prove the state of mental and physical health of the deceased. The Appellants’ witnesses who attested to the Will, failed to give evidence at trial that the signature on the purported Will was that of the deceased which was signed in their presence. Similarly, they failed to testify that they signed in each other’s presence. Further, the Appellants failed to prove the identity of the deceased, as the supposed testator in that the name A.U.D. Amadi as stated on the Will is the same as A.U. Amadi. In upholding the decision of the Court of Appeal, the Supreme Court concluded that with these pieces of evidence lacking from the Appellants, the conclusion of the trial court upholding the validity of the purported Will, was perverse. Appeal Dismissed. Representation: Chidi R. Nworka for the Appellants Ben Osaka for the Respondents. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

10.01.2017

NEWS/5

SYMPOSIUM Solicitor-General/Permanent Secretary, Lagos State Ministry of Justice, Mrs. Funlola Adesola Odunlami and Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem and during a 3-Day Lagos Forensic Symposium organised by the State Ministry of Justice and ITSI – Biosciences, USA, at De Renaissance Hotel, Ikeja, Lagos, recently

INAUGURATION L-R: Honourable Justice Oluwatoyin Ipaye, Honourable Justice Kazeem Alogba, Lagos Chief Judge, Honourable Justice Olufunmilayo Atilade and Honourable Justice Candide-Johnson during the inauguration of the Chief Judge's Court at the Ikeja High Court, recently

Group Asks Buhari to Appoint Justice Onnoghen as Substantive CJN

Tobi Soniyi in Abuja

The Rule of Law Development Foundation, a Non-governmental Organisation led by a former President of the Nigerian Bar Association, Chief Joseph Daudu, SAN, has called on President Muhammadu Buhari to appoint Honourable Justice Walter Onnoghen as substantive Chief Justice of Nigeria. Daudu made the call at a press conference in Abuja. Buhari had on November 9, 2016 appointed Justice Onnoghen as acting Chief Justice of Nigeria, following

the retirement of Justice Mahmoud Mohammed. The President swore in Onnoghen on November 10, 2016. With about a month left for the acting CJN to conclude the three months allowed for him to act, lawyers have started expressing concern. Daudu said: "If he is not good for the substantive office, why is he then good to act for three months in the same capacity? "It is unprecedented and downright unhealthy to appoint in an acting capacity the Chief Justice of Nigeria, when the National Judicial

Council has recommended the same candidate for appointment in a substantive capacity. "The procedure for the appointment of such a high judicial officer is clearly stated in Section 231(1) of the Constitution. "This provision simply states that the appointment of a person to the office of the CJN shall be made by the President on the recommendation of NJC, subject to the confirmation of the Senate. "From the available facts, the NJC has recommended Justice Walter Onnoghen as

the substantive CJN. For undisclosed reasons, the President has refused or omitted to make the appointment in question. "Instead, he has appointed Justice Onnoghen in an acting capacity. It ought to be known that the appointment of a CJN is not the exclusive preserve of the executive arm of government. "It is a tripartite arrangement which involves the judiciary acting through the NJC by way of recommendation, the executive through the President by way of appointment and the Legislature by way of

confirmation." Daudu said the legal profession was distressed that the "executive is carrying on as if it is the overlord of the other arms of government, that has the prerogative of the appointment of the CJN’’. "Indeed, from the tenor of the constitution, the role of the executive in the said appointment is a mere formality. "The critical work in looking for a suitable candidate is engaged in by the candidate's peers, that is the NJC. "It is that exalted body that does the weeding and

pruning of the candidates in issue,’’ he said. Daudu said the President, in the absence of any fundamental negating factor, should without delay appoint the recommended candidate as CJN. "Indeed, the most important contributor to the process after the NJC is the Senate, which must conduct a public hearing before the appointment takes effect,’’ Daudu said. He however, said that the effect of the confirmation process, was to ensure that elected representatives participated in the appointment process.

Lawyer Petitions UN over DSS Continuous Detention of Ex-Militant Akinwale Akintunde

An Abuja based lawyer, Mr. Emeka Uchegbulam has raised an alarm over the continued detention of his client, Mr. Selky Kile Torughedi by the by the Nigerian Secret Police aka DSS. Uchegbulam, in a fresh Save Our Soul letter to the United Nations, decried the continuous torture, unlawful detention and inhuman treatment being meted by the DSS to Torughedi, who is an ex-militant. According to the letter directed to the UN SecretaryGeneral and made available to us, Torughedi has been facing the worst ordeal of his life in the hands of the DSS for the last six months, despite a court judgement

that he should be freed unconditionally. The letter further stated that Torughedi’s problem with the DSS started on June 17, 2016, at about one o'clock in the morning, when more than ten heavily armed men in black uniform with hoods drawn over their faces, broke into his house and dragged him from his bed, beat him up, handcuffed him in the presence of his wife and very young children, bundled him into a waiting vehicle and took him away. “Torughedi is already malnourished and weak, no thanks to his long incarceration without an end in sight. We are not oblivious of the fact that a man who is underfed, his movement restrained and is denied good oxygen at regular intervals,

is like a sitting duck to any opportunistic infection. It becomes more worrisome, when such environment is co-habited with people with a manifested history of an infectious ailment, such as tuberculosis. This is the situation and condition Torughedi is immersed in today. “Torughedi is locked up in an underground cell that houses almost 35 inmates, without a window or any other form of ventilation, except an air conditioner that works for 24 hours subject to availability of power”, the letter stated. To worsen the situation, Uchegbulam said that two of the inmates cough incessantly, throughout the day and even at night. He added that one of them,

according to information, was undergoing treatment for tuberculosis, before he was arrested some months ago, and thrown into the common cell where a majority of the inmates including Torughedi live. The letter further stated that “Piqued by the continuous breach of our client’s rights, under part 1, chapter 1 of the African Charter on Human and People’s Rights, we filed a suit at the Abuja Federal High Court for the Enforcement of Mr. Torughedi's Fundamental Human Rights, first amongst all our demands is his release from DSS detention. He stated that judgement was delivered in favour of his client, “It will interest you to note that all parties including

the DSS, were represented by their various counsels. Matters were argued and the court gave Judgement in Torughedi's favour”. Also in the letter, Torughedi's counsel, Uchegbulam, claimed that he had written to the National Human Rights Commission without any useful feedback, adding that “all we got was an acknowledgement letter, and no other action has been taken, while Torughedi continues to waste away in the DSS dungeon. “Sir, Nigeria is a signatory to the African Charter on Human and Peoples Rights Ratifications and Enforcement Act, 1981. “Article 5 of the charter states inter alia…Every individual shall have the

right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, torture, cruel, inhumane degrading punishment and treatment, shall be prohibited. “From all indications, the actions of the DSS against Selky Torughedi, is an infringement of the charter and a repudiation of the agreement entered into by the Nigerian government”, the lawyer stated. The letter ended with this plea “Sir, we are writing this letter to your good offices, to intervene in this blatant human rights abuse by the Nigerian Secret Police, before our client dies in DSS detention".

10.01.2017

Justice Akanbi, Okpoko, Ojukwu, Others for 13th Annual Gani Fawehinmi Lecture

Akinwale Akintunde

A former President of the Court of Appeal and past Chairman, Independent Corrupt Practices Commission (ICPC), will on January 15, 2017 chair the Annual Gani Fawehinmi Lecture/Symposium tagged ‘Fawehimism’, organised by the Nigerian Bar Association (NBA), Ikeja Branch. The lecture, 13th in the series, with the theme “The Nigeria’s Anti-Corruption

War: Whither the Legal Profession and the Judiciary”, will take place at the Lagos Airport Hotel, Ikeja. A former NBA President, Chief T.J.O Okpoko, SAN will be the Special Guest of Honour, while Professor Omotoye Olorede is the Keyenote Speaker. Discussants at the event include Professor Ernest Ojukwu, SAN, Professor Jacob Dada of the Gambia Court of Appeal, and Mr Charles Oputa, popularly known as Charley Boy.

Shasore Exits Ajumogobia & Okeke Sources reveal that Supo Shasore, Senior Advocate of Nigeria, Former Attorney-General of Lagos State, and partner at Ajumogobia & Okeke, has exited the partnership. There is no

immediate indication of a split, but he joins Chris Okeke who recently retired as the second partner, to exit the firm. If it is a government appointment in the offing, all will be revealed in due course.

The late Chief Gani Fawehunmi, SAN

Legal Personality of the Week Chukwunonso Henry Nkamuke

‘Dream Big and You Will Succeed in Law Practice’ My name is Chukwunonso Henry Nkamuke. I started my primary and secondary education in Delta State and concluded both of them in Imo State. I studied Law at University of Nigeria, Enugu, and proceeded to the Nigerian Law School. After my call to the Bar, I began my post-call experience at Clic Partners, and currently, I work at Sterling Partnership, both in Lekki, Lagos. At Sterling, I have had the wonderful opportunity to be in the environment which I have always admired from afar, to work and learn. I strongly believe that practice is a career that can be developed, when one is in the right environment and continually nurtures it with professional development. I take good advantage of the training offered by NBA Institute of Continuing Legal Education; Sterling Executive Training Institute and a host of other ad-hoc Seminars and Workshops, which all together, add to my continued professional development. The knowledge gained from these trainings, together with a good dose of personal studies, have helped me to provide fit-for-purpose service to vast clientele across diverse practice areas of law. Yet one cannot be a jack of all trades in the practice of law. I am particularly concerned with the way law is practiced, specifically Preventive Law. I am also concerned about access to legal services to support SMEs, who are the most unserved group. Have you had any challenges in your career as a lawyer and if so what were the main challenges? Practice career has its many challenges especially as one is dealing with real issues that affect human affairs. What comes to my mind quickly is that dictum of Justice NIKI TOBI (now of blessed memory) in AMADI v ESSIEN (1994) 7 NWLR [Part 354] page 91, that while law is divided into courses for academic convenience the happenstances in the

the release of a client, who the Police claimed they ‘invited’ for questioning. My team was bent on not allowing our client to be detained for one minute. However, by the time we left the Police Unit in question with our client, we had spent no less than 12 hours. The lessons learnt reverberate, and have aided me in subsequent Police negotiations. What was your most memorable experience? I would say it was the day a Garnishee undertook in court to pay our client the full judgment sum. Our team had worked assiduously to ensure that the client gained the fruit of his judgement. My firm rewarded each member of the team with bonuses for that dint of hard work. Beyond this was the value created to our client who whispered to me after Court proceedings that he now believes that ‘the common man can get justice’.

Chukwunonso Henry Nkamuke

affairs of man for which these legal issues must apply cannot be rigidly compartmentalised. Against this backdrop, the law firm where I currently work, has as its vision, to create value to its large and diverse clientele. It is not enough reciting the fine principles of law, memorised over time. I must also apply them creatively to the ever diverse circumstances of our clients. Here lies my challenge, but I am not perturbed at what life ordinarily offers. Joys come, however, when results are achieved and a lot of learning has taken place in these challenges. I can only count my blessings. What was your worst day as a lawyer? It was when I went to the Police to seek

Who has been most influential in your life? It is hard for me to mention any person in particular. The constant I see is God. He has blessed me with a wonderful family, wonderful education, wonderful work environment and a host of other circumstances I encounter each day, that have contributed in shaping my life. Why did you become a lawyer? I became a lawyer in order to be of better service to mankind. Nothing else came to my mind as at the time the decision was made. We are four boys in my family and I am the third. It is not the usual fear of mathematics. My two elder brothers were good in science and they transferred this knowledge to my younger brother and I. But when the career decision came, my parents allowed me the freedom to choose whatever I wanted to be in life; encouraging me to

work hard to achieve it. I was determined to be a lawyer and by God’s grace I did eventually become a lawyer. What would your advice be to anyone wanting a career in law? Great choice! Do not be disillusioned by the unpleasant stories you hear. Get your experience; tell your own story. Dream small and your dream will fall short. Dream big; career in law gives a room for lofty plans to achieve noble ideals. Law is a profession that provides you with opportunity. If you struggle and desire it, you will continue to become relevant both in your youth and old age. I should like to mention something else without any intention to flatter. It is the habit of reading law periodicals like THISDAY LAWYER. I formed the habit of reading it in 2012 and have kept it till date. It boosts ones confidence in the profession of law. If you had not become a lawyer, what would you have chosen? I cannot think of any other career; I cannot even conjure up one now. Law has been my calling from the onset. If something is your calling, you just have to respond. Where do you see yourself in ten years? In the same circumstance God has placed me; making the best out of it. I see a future where the practice of preventive law, has been well received as a serious body of knowledge in our jurisdiction, and law becomes more accessible to the unserved group. I dream that in the nearest future, Nigeria will have a National Centre of Preventive Law, like in America and Australia. If God wills it, I should like to blaze the trail in this area of practice of law. And if I am rewarded as a Professor cum SAN due to my contribution to the development of law in this area, Deo omnis Gloria, all the glory be to God.

10.01.2017

Why do Oil Companies do Farm-outs and Farm-ins? Abayomi Akinjide, who has been involved in countless farm-ins and farm-outs in various jurisdictions, writes an instructive article focusing on his experiences of such agreements in England and Nigeria, the two jurisdictions where he is qualified to practice law

Farm-in and Farm-out defined he Nigerian Petroleum (Amendment) Decree 1996 (Decree No. 23) provides that “farm-out” means “an agreement between the holder of an oil mining lease and a third party, which permits the third party to explore, prospect, win, work and carry away any petroleum encountered in a specified area during the validity of the lease”. Farming-in, therefore, is a way of acquiring a licence interest and, conversely, farmingout is a way of disposing of a licence interest. In this article, I use the term “licence interest” loosely to include the bundle of rights which a participant in an oil and/or gas joint venture owns.

in any eventual development, and to be able to influence the development through the decision making process established in the joint operating agreement. There is also the “development farm-in”. The commercial dynamics will determine who gets what in this type of farm-in, because it is essentially a sharing of risk and reward. The party farming-out will have established that there are commercial oil and gas deposits and it will be selling some of its interest to the party farming-in, where typically the obligation of the party farming-in will be to perform all or part of the development work.

The basic characteristics of a farm-in A farm-in has four basic characteristics. Firstly, one company (the seller) has a licence interest. Secondly, another company (the buyer) agrees to pay a specified consideration or the seller’s costs for a particular activity, or will perform an activity, for example the drilling of a well or conducting a seismic programme. Thirdly, in return for the buyer’s payment or performance, the seller will transfer to the buyer part of the seller’s interest. Fourthly, the seller retains part of its interest. What are the motives of a company for farming-in or farming-out? In general, companies farm-in for the opposite reasons to those for farming-out. One reason is that the buyer has funds and a shortage of acreage and prospects and, conversely, the seller has acreage and is short of funds. A second reason is rationalisation. The seller may want to dispose of acreage which is peripheral to its main operations. Thirdly, the buyer may want the operatorship of the joint venture. This may be achieved by buying the interests of a licence holding operator or by increasing the size of one’s participating interest to a level whereby one can become the operator. Fourthly, proximity to local production infrastructure, platforms and pipelines is also a strong motive for farming into a particular vicinity, especially if the farming-in party has an interest in the infrastructure, platforms or pipelines. Fifthly, a company may wish to acquire a “marginal oil field”. A marginal field is a field that has oil and gas reserves, but not at the quantities that the licence holder deems would provide a satisfactory return for their costs of developing the field. Marginal fields offer smaller players an opportunity to participate in the upstream industry, since their commerciality thresholds are typically lower than those of the international oil companies (IOCs). The Nigerian Petroleum (Amendment) Decree 1996, which amends the Petroleum Act 1990, provides that a marginal field is one which meets the following criteria (i) a discovery has been made; (ii) the field has been left unattended for at least 10 years and (iii) is identified as a ‘marginal field’ by the President. The Nigerian Government is keen to ensure maximum utilisation of all its oil fields and in November 2013 announced

Abayomi Akinjide

its second Marginal Fields Licencing Round, inviting Nigerian indigenous companies (being companies with at least 51% Nigerian voting interest in the shareholding) to bid for a total of 31 marginal fields (of which 16 were onshore and 15 offshore). At the time of writing, the bid round has still not taken place. Lastly, farming-in can be a good way of building knowledge, particularly if the company is a small company with no operatorship and it has staff to train. What are the main types of farm-ins? The different forms of farm-in turn principally on what is perhaps the most important provision in a farm-in agreement, which is the nature of the obligation of the party farming-in. There is the “exploration farm-in”, which would typically involve the carrying out of seismic work, which can be done by a third party or the operator or might be done by each company separately or only one of them, and/or the drilling of an appraisal well or wells. There is the “appraisal farm-in”, where the work obligation will aim to establish the size and nature of the indicated deposit and will include the drilling of an appraisal well or wells. The key feature for the party farming-in is to become a party to the joint operating agreement, and also to be able to participate

"A FARM-IN HAS FOUR BASIC CHARACTERISTICS. FIRSTLY, ONE COMPANY (THE SELLER) HAS A LICENCE INTEREST. SECONDLY, ANOTHER COMPANY (THE BUYER) AGREES TO PAY A SPECIFIED CONSIDERATION OR THE SELLER’S COSTS FOR A PARTICULAR ACTIVITY, OR WILL PERFORM AN ACTIVITY, FOR EXAMPLE THE DRILLING OF A WELL OR CONDUCTING A SEISMIC PROGRAMME. THIRDLY, IN RETURN FOR THE BUYER’S PAYMENT OR PERFORMANCE, THE SELLER WILL TRANSFER TO THE BUYER PART OF THE SELLER’S INTEREST. FOURTHLY, THE SELLER RETAINS PART OF ITS INTEREST"

Issues to consider when negotiating farm-in agreements It is worth bearing in mind the following: • It is more important than ever to conduct a thorough due diligence exercise on the licence. Many licence holders leave farm-outs far too late in the work programme cycle and risk losing their licences through non-performance, before the farm-out can be concluded. • The outstanding work obligations need to be carefully reviewed by the farminee party’s commercial and technical advisers. Can the obligations be performed within the remaining term? Will third party factors (elections, strikes, weather, etc.) affect the timetable? How much influence will the farminee party have over the work programme (for example, the location of an exploration well / seismic activity)? The farminee’s obligations will need to be carefully drafted in the farm-in agreement. • Local counsel should be fully engaged from the outset to advice on the mechanics of the acquisition and how to go about obtaining any necessary government consents. • Tax advisers will need to advice on the tax implications of the acquisition. For example, if the farminee is a foreign entity it will need to consider whether withholding tax is applicable. • Farm-in agreements take time to draft and negotiate. There is no widely used model agreement, so each farm-in/out tends to be drafted on a bespoke basis depending on the negotiated position. Parties should involve legal counsel in negotiating the term sheet. • If there is a JOA in subsistence, the farminee should review the terms prior to adhering to such agreement, and to ensure that the proposed farm-in is in compliance with its terms, for example, if the JOA contains pre-emption rights. The farminee should also consider what rights it requires under the JOA pending completion of the acquisition. If no JOA has been drafted, the parties will need to commence negotiations or consider appending an agreed heads of terms to the farm-in agreement pending completion of the acquisition. • An important consideration to be dealt with in the farm-in agreement is the allocation of liabilities arising before the effective date of transfer of the interest. • Will the farminee party become operator, at least whilst it is under an obligation to perform the work programme? What consents are necessary to effect this change in operatorship? • Both farminee and farminor parties will need to give warranties on matters such as good legal title to the licence, subsistence of the Production Sharing Contracts and its financial and technical capabilities. • If the farminee party is a special purpose vehicle, the farminor may require parent company guarantees / other security for the obligations to be performed. • The farminee (if a listed company) will need to consider if it can book reserves. • The farminee may wish to consider structuring the acquisition in a way that legitimately avoids the need to obtain governmental consent to the transaction. Abayomi Akinjide M.A., LLM (Cantab), Barrister and Solicitor of the Supreme Court of Nigeria, Solicitor of England and Wales, Global Co-Leader of Energy, Fasken Martineau LLP, International Business Law and Oil & Gas Firm

8/COVER

10.01.2017

COVER/9

Nigeria: A Case for True Federalism Senior Advocate of Nigeria, Dele Adeshina, does an in-depth analysis of Federalism in Nigeria, examining and comparing aspects of past Nigerian Constitutions from 1951 up to 1999, pointing out the short comings of the 1999 Constitution with regard to Federalism, and concluding with the elements required for true Federalism in Nigeria

uite often, I meditate on the affairs and the future of this Nation. I have faith in the future and greatness of this country and so do many people. I also recognise that faith without works, is dead. The feeling though arguably, is that in Nigeria, we technically avoid our problems rather than confronting them, and we fail to realise that nothing works by itself, that things are made to work. Most recently, opinion leaders and organisations in Nigeria have added their voices on whether or not Nigeria needs re-structuring, in order to guarantee in practical terms, true Federalism by deliberate devolution of powers from the centre to the component units making up the Federation, as a foundational approach to addressing the Nation’s problems and challenges. That the 1999 Constitution upon which the present eighth Republic is running, is essentially unitary and imperfect, is no longer an issue. The erudite Constitutional Lawyer and a very outstanding Professor of Law, Professor Ben Nwabueze has described the 1999 Constitution as an illogicality. According to the learned Professor, few contradictions could be more self-evident than that of a unitary constitution for a Federal system of Government. That Unitarism and Federalism are mutually exclusive, and logically opposing concepts. At a workshop organised by the Nigerian Bar Association, Ikeja Branch on the 18th of June, 1999 on the new Constitution, Chief F.R.A Williams SAN, former Chairman of the Constitution Drafting Committee that mid-wived the 1979 Constitution, described the 1999 Constitution as a “document which tells lies against itself” Prof. Itse Sagay SAN, another erudite Professor of Law described it as a “fraud”. It was the view of the workshop that the 1999 Constitution lacks legitimacy and popular acceptability, partly because of the procedure through which it was made, and partly because of several provisions in it, which are alien to all known principles of Federalism. Journey to Federalism The journey towards a Federal System of Government in Nigeria started about 1946 when the Richard Constitution introduced a quasi-federal structure. Sir John Macpherson before the making of the 1951 Constitution, with the objective of having a wide consultation, had captured his proposals for a new constitution in form of questionnaires which were widely distributed at village meetings, provincial, regional and national conferences.The questionnaires gave options to delegates which evolved from the meetings and conferences, to choose the system of Constitution they desired for the emerging Country. Before this, sometime in January 1950, there was a conference on the Constitutional arrangement for Nigeria. The Nigerian Youth Movement in a memorandum submitted to the conference stated that “it is a matter of general agreement that a lasting unity of the peoples of the vast Country can only be achieved through federation not fusion. Consequently, it is absolutely necessary to lay the foundation for Federation now by dividing the Country into the regions that will form the units of the proposed Federal Constitution.” It is understood from the books that all the three regions, Northern region, Eastern region and Western region, recommended to the January 1950 Conference that there should be a Federal system of Government in Nigeria, and that in addition to central legislature, there should be regional legislatures with powers to legislate on a number of specified subjects. It is on record that the Constitutions of 1951 and 1954 declared Nigeria a Federation consisting of three regions, the Northern region, the Eastern region and the Western region with Lagos as the Federal Capital Territory. The Constitution donated forty three (43) items on the Exclusive Legislative list to the Federal Government and twenty eight (28) items on the Concurrent Legislative list, on which both the Federal and the Regions were competent to legislate, subject of course to the principle that, where the

Federation which, according to some stakeholders, was the original covenant of our founding fathers. I have referred briefly to the Constitution of 1954 earlier on. Both the period before and after 1954, witnessed the demonstration of great acts of Nationalism and patriotism on the part of our founding fathers and political leaders. There was genuine demonstration of uncommon love and affection for the entity called Nigeria. Despite different backgrounds, culture, tribe and religion, our forefathers were one in spirit in the pursuit of independence in 1960, and the attainment of a Republic in 1963. That the same diversity in culture, religion and tribe are now threatening to tear the Nation apart, is a clear manifestation that the superstructure called Nigeria as at today is run on a fundamentally flawed Constitution.

Lord Frederick Lugard, Governor General of Colony & Protectorate of Nigeria 1914-1919

two governments legislate on a subject-matter, the Federal Legislation will prevail in the event of any inconsistency. Strength of 1954 Constitution: Regional Autonomy One of the strongest points of the 1954 Constitution was the promotion of regional autonomy, which permits the region to prioritise government and develop at their own pace. Specifically, items like arms, ammunition and explosives, commercial and industrial monopolies, finger prints, drugs and poisons, registration of business names, Police and other security services, prisons, census etc. were all under the concurrent legislative lists. All these power items have now been migrated to the Exclusive Legislative list in the 1999 Constitution, where only the Federal Government has the constitutional capacity to legislate. Rise in Sectional Interests It is the belief of many that, at the very base of the Nation’s economic, social and political problems, is the over-concentration of powers at the centre, at the pain of reducing the component states to mere appendages. This, in my opinion, is what has given rise to the defence of sectional interests at the expense of National interest, through the emergence of different sectional groups and organisations, some civil, others not so civil. Such organisations include “Afenifere in the West, Arewa in the North and Ohaneze in the East”. Each of these powerful organisations, has declared objectives to advance what they consider to be the interest of their people. Others are “Odua Peoples Congress (OPC), Arewa Youth Organisation (AYO), Movement for the Actualisation of the State of Biafra (MASSOB), Movement for the Emancipation of Niger Delta (MEND), Indigenous Peoples of Biafra (IPOB), and several other organisations in the NigerDelta”. All these exist in our Country today at the expense of National integration, peaceful co-existence and steady progress. Federalism in Name Only The Federal System presently exists in Nigeria largely in name. There is a dire and compelling necessity to retrieve and preserve the federal system of government in Nigeria, because of the huge territorial size of the country, the immense diversity of peoples of different culture, language and religion inhabiting it.

Dr. Nnamdi Azikiwe GCFR, Governor General of Nigeria 1960-1963; President of Nigeria 1963-1966

Writing about the underlying objectives of Federal arrangement for Nigeria, the erudite Constitutional expert whose work I will refer to severally in this paper, Prof. Ben Nwabueze, SAN, stated: “Federalism is predicated upon the existence of a society composed of various geographically segregated groups divided by wide fundamental differences of race, religion, language, culture, or economics. Its purpose is to enable each group free from interference or control by the others to govern itself in matters of local concern leaving matters of common interest to be managed centrally, and those which are of both local and national concern to be administered concurrently.” By this, the differing interests and circumstances of the component groups are accommodated, while at the same time, securing the peace and stability of the country, and its survival against the forces of division and conflict inherent in a diverse and heterogeneous society, such as ours. Regrettably, because of the Constitutional framework, forces of division and conflicts are daily threatening our Nationhood. The business of establishing Nigeria’s Constitutional Architecture for National cohesion through the Rule of Law, is therefore the business of re- designing Nigeria on the part of an ideal, or if you like, a true

"IT IS THE BELIEF OF MANY THAT, AT THE VERY BASE OF THE NATION’S ECONOMIC, SOCIAL AND POLITICAL PROBLEMS, IS THE OVERCONCENTRATION OF POWERS AT THE CENTRE, AT THE PAIN OF REDUCING THE COMPONENT STATES TO MERE APPENDAGES. THIS, IN MY OPINION, IS WHAT HAS GIVEN RISE TO THE DEFENCE OF SECTIONAL INTERESTS AT THE EXPENSE OF NATIONAL INTEREST, THROUGH THE EMERGENCE OF DIFFERENT SECTIONAL GROUPS AND ORGANISATIONS, SOME CIVIL, OTHERS NOT SO CIVIL. SUCH ORGANISATIONS INCLUDE “AFENIFERE IN THE WEST, AREWA IN THE NORTH AND OHANEZE IN THE EAST”"

True Federalism The concept of Federalism relates to the division of power between a Central government and other regional or State governments and sometimes Local governments. Such powers may be shared in different ways, sometimes with a stronger centre like Canada, or with weaker centres like the United States of America and Australia. The Supreme Court in OLAFISOYE v FEDERAL REPUBLIC OF NIGERIA contended that “Constitutions are named as federal, unitary and non federal to mention the major ones. A Federal government will mean what the Constitution writers say. It means and this can be procured within the four walls of the Constitution and the four walls only. Therefore, a general definition of federalism or federal government may not be the answer to the peculiar provisions of a nation’s constitution which is the font et origo of its legal system”. In the opinion of his Lordships, an ideal federalism or true federalism is different from the specific or individual federal constitution of nations. A Constitution by its provisions, may not be able to achieve an ideal federalism or true federalism, but in their own spheres nevertheless, are called Federal Constitutions. Nigeria, in my opinion, falls into this category, having regard to some of the key provisions in the 1999 Constitution notwithstanding section 2 (2) thereof, which states that Nigeria shall be a Federation. This foundational challenge is responsible for the renewed agitation for re- structuring. Notwithstanding the point that true Federalism lacks precise definition for all purposes, it is still useful to attempt a definition of Federalism in its applications and restrictions. Prof. Ben Nwabueze SAN in his book Federation in Nigeria under the Presidential Constitution had this to say; “Federalism is an arrangement whereby powers

Olusegun Obasanjo, GCFR, Military Head of State of Nigeria 19761979; President of Nigeria 1999-2007

of government within the country are shared between a national country wide government and member of a region territorially localised government in such way that each exist as a government separately and independently from the others operating directly and independently on persons and properties within its territorial area with a will of its own and its own apparatus for the conduct of an authority in some matters exclusive of all the others. Federalism is thus essentially an arrangement between governments, a constitutional device by which powers within a country are shared between two tiers of government rather than among geographical entities composing different people”. The renowned Professor of Constitutional Law, Prof. K.C. Wheare says that this constitutional frame work is brought about by circumstances where people are prepared to give up only certain limited powers, and wish to retain other powers, both set of powers to be exercised by coordinate authorities. The Supreme Court itself has made very profound pronouncements regarding the meaning and content of what an ideal Federalism is. In A.G. ABIA STATE v A.G. FEDERATION the Supreme Court had this to say. “Federalism as a legal and political concept generally connotes an association of states, formed for certain common purposes, but the state retains a large measure of their original independence or autonomy. It is the coordinate

"ONE OF THE CRITICAL ELEMENTS OF TRUE FEDERALISM WHICH WE HAVE VIOLENTLY COMPROMISED, IS FAIR SHARING OF POWERS BETWEEN THE CENTRE AND THE COMPONENT UNITS THAT MAKE UP THE FEDERATION. IT HAS BEEN ARGUED OVER AND OVER AGAIN THAT THERE IS OVER-CONCENTRATION OF POWERS AT THE CENTRE. THE CENTRE HAS BEEN GRABBING POWER STEADILY SINCE 1960, RESULTING IN AN OVERWHELMING DOMINANCE OF THE FEDERAL GOVERNMENT OVER THE FEDERATING UNITS"

Muhammadu Buhari, GCFR, Military Head of State of Nigeria 1983-1985; President of Nigeria 2015 to date

relationship of power between the individual states and the National Government which is at the centre. Federalism as a viable concept of organising a pluralistic society such as Nigeria for governance does not encourage so much concentration of power in the centre which is the federal government. In federalism, the component states do not play the role of errand boys. Also, in A.G. LAGOS STATE v A.G. FEDERATION, the Supreme Court stated“By the doctrine of federalism which has been adopted by section 2(2) of the 1999 Constitution, the autonomy of each government which presupposes its separate existence and its independence from the Federal government is essential to federal arrangement. Therefore, each government exists not as an appendage of another government but as an autonomous entity in the sense of being able to exercise its own will in the conduct of its affairs free from direction by another government.” The titanic battle between the Lagos State Government under former Governor Asiwaju Bola Ahmed Tinubu, and the Federal Government, over the creation of Local Governments and the seizure of Lagos State Revenue Allocation to punish Lagos State for what the Federal Government considered to be the audacity of Lagos State, is called into remembrance here. Again this is what the Supreme Court said regarding the creation of the said Local Governments. “Sections 1, 2 & 3 of the new Local Government Area Law No. 5 of 2002 Lagos State in fact constitutes the law which was enacted by the Plaintiff in accordance with the provisions of Sections 7(1) and (3) of the Constitution, the law is therefore valid, though it is not yet operative. The 57 Local Government Areas established by Local Government Area Law No. 5 of 2002 Lagos State Law are INCHOATE until the National Assembly passes the Act necessary under Section 8(3) of the Constitution. Therefore, the new 57 Local Government Councils are not entitled to receive funds from the Federation account.” Quare! If the law as passed by Lagos State is valid, why can it not be operative? Ordinarily, a valid law commences operation immediately it is enacted. Secondly, if the law creating the 57 Local Government Councils was valid, why is it that the Councils were held not to be entitled to receive funds from the federation account? This is one of the several inconsistencies and contradictions of the 1999 Constitution. Many legal writers have criticised the decision of the Supreme Court in this case. Evidence of Concentration of Powers One of the critical elements of true Federalism which we have violently compromised, is fair sharing of powers between the centre and the component units that make up the Federation. It has been argued over and over again that there is over-concentration of powers at the centre. The centre has been grabbing power steadily since 1960, resulting in an overwhelming dominance of the Federal Government over the federating units. The Legislative list in the 1999 Constitution clearly indicates this. The items in the exclusive legislative list of the 1999 Constitution are 68 in number compared to 43 items in 1954, 45 items in the 1960 and 1963 Constitutions respectively. This of course is not the whole story. The nature of the actual items on the list also reveals the dominant status of the federal powers. The list includes not only matters which should be within the exclusive competence of the States, but also many more matters which should have rightly been on the Concurrent Legislative List, i.e. within the legislative competence of both the Federal and State Governments. Devolution of Power from Federal to States It is my humble opinion that, we need as a compelling matter of urgency, to embark on a process of devolution of powers from the federal to the federating states. If achieved, it is one pill I believe, that can solve several ailments, including but not limited to, corruption and fraudulent elections. I adopt with gratitude the opinion of Prof. Itse Sagay, SAN at the N.B.A lkeja workshop on the 1999 Constitution, that the following Legislative powers and authorities ought to reside with the federating units in Nigeria, rather than the Federal Government. CONTINUED ON PAGE 10

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NIGERIA: A CASE FOR TRUE FEDERALISM CONTINUED FROM PAGE 9 Some Items that Should be Legislated on by Federating Units Census (Item 8): There is no reason why a State government cannot organise a population census of its State, to enable it plan its fiscal policy, development program etc. Virtually all our census result have been seriously challenged by one State or the other. It is my humble opinion that a Government, such as that of Lagos State, into which there is an endless flow of job and fortune seekers, needs to know its true population for planning purposes. The same argument goes for other States of the Federation. Drugs and Poison (Item 21): Evidence (used in Courts) (Item 23) Labour, Trade Unions, Industrial Relations (Item 34): States and Local Governments employ workers, and the question of wages, conditions of service, welfare, industrial disputes etc, in relation to State and Local Government workers and workers in State based enterprises, ought to be entirely a matter for the State concerned. In this connection, the issue of a national minimum wage is arguably a contradiction of the principle of true federalism, each State must enjoy the autonomy to negotiate separately with labour unions in their respective States. The idea of a uniform wage system in a Federation is a paradox. Mines, Minerals, including Oil Fields, Oil Mining, Geological Surveys and Natural Gas (Item 39): The concentration of this in the Federal Government, has engineered different agitations from different sections of the nation, and has arguably slowed down the process of national development. Furthermore, it is suggested that the following items ought to be moved away from the exclusive to the con-current legislative list. Borrowing of Moneys within or outside Nigeria for the purposes of any State (Item 7). Control of Capital issues (Item 12). Evidence (Item 23). Fingerprints, Identification and Criminal Records (Item 28). Incorporation, Regulation and Winding up of Companies (Item 32). Insurance (Item 33). Patent, Trademarks, Business Names, Industrial designs and Merchandise marks (Item 43). Professional Occupations (Item 49). Public Holidays (Item 51). Traffic on Federal Roads (Item 63). Weight and Measures (Item 65). Police and other government security services (Items 45). Section 214 (1) of the Constitution establishes the Police Force in Nigeria with the proviso that “no other Police Force shall be established for the Federation or any part thereof”. The necessary implication of Section 215 is that the Nigeria Police Force is owned and controlled exclusively by the Federal Government, notwithstanding that the authority and powers of the Force extend to the whole country. Section 215(4) made this abundantly clear when it says that the Governor of a State or such Commissioner of a State as he may authorise in that behalf, may give to the Commissioner of Police of that State, such lawful directions with respect to the maintenance and securing of public safety and public order within the State as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with, provided that before carrying out any such directions under the foregoing provisions of the subsection, the Commissioner of Police may request that the matter be referred to the President or such Minister of the Government of the Federation as may be authorised in that behalf by the President of his direction. Closely related to the above is the command structure established by the Constitution for the Police. By virtue of Section 215(2), the Nigeria Police Force is under the command of the Inspector General of Police. The State contingent is subject to the authority of

regard to the above premise, the power to amend the Constitution should not reside with either the central or regional government alone to the exclusion of the other. The power must be given either to both together, or to some authority external to both of them, like the people at a referendum. 3. Autonomy of Governments Autonomy of each government is essential to federalism as a political system. This presupposes the separateness and independence of each government from the control of the other. The essence of autonomy is that each government, central or regional, must exist, not as an appendage of the other, but as an autonomous entity, in the sense of being able to execute its own will in the conduct of its affairs, free from direction from another government. There must be certain matters over which each can operate exclusively from the other, and these exclusive areas must be substantial enough to give meaning and reality to the autonomous existence of each government. Dele Adeshina, SAN

the Inspector-General of Police, under the command of the Commissioner of Police of that State, who himself is under the direct command or order of the Inspector-General of Police. It is my considered opinion that the command structure is one of the critical factors militating against the efficiency of the Nigeria Police Force. It is my humble submission that these provisions clearly undermine the Federal status of the country. The 1954 Constitution empowered the regions to establish Local Government Police Authorities, and the Northern and Western Regions took advantage of the provision. Requirements for True Federalism As stated above, a Federal Constitution may be what the makers of the Constitution say it is, its limitations notwithstanding, even if the essential elements of Federal Constitution are missing. If Judges must interprete the provisions of the Constitution and not necessarily the ideals, then, I consider it imperative that those essential ideals and goals of true federalism must be deliberately incorporated into the Constitution in clear terms. While I cannot claim to know all the elements that must be present to guarantee a true federation in law and in practice, however, the following requirements are essential to the practice of true federalism and they must be the benchmark for our Federation. 1. Existence of Two Constitutions; Federal/State Constitutions It was Lord Haldene in the case of ATTORNEY-GENERAL FOR COMMONWEALTH OF AUSTRALIA v COLONIAL SUGAR REFINERY COMPANY that said; “The natural and literal interpretation of the word “Federal” confines its application to cases in which States while agreeing in a measure of delegation of powers to a common government yet, in the main continues to preserve their regional Constitution”.

Also Prof. Ben Nwabueze, SAN has stated that: “One single Constitution for all the Governments involved, both Federal and State is a manifest contradiction”. In 1960 - Independence Constitution, there were separate Constitutions for both the Federal and the Regions, as separate schedules annexed to the Independence Order-in-Council. The 1963 Republican Constitution made provisions for the establishment of Regional Constitutions. Section 5(1) thereof provides as follows; “Subject to the provision of this Constitution (Federal Constitution) the Constitution of each region shall have the force of law throughout the region and if any other law is inconsistent with the Constitution, the provisions of that Constitution shall prevail and the other law shall to the extent of its inconsistencies be void.” The executive authority of the region extended to the execution and maintenance of the Constitution of the region, and to all matters with respect to which the legislature of the region has for the time being powers to make laws, subject only to the limitation that the power of the region shall be so exercised as not; “to impede or prejudice the exercise of the executive authority of the federation or to endanger the continuance of the Federal Republic of Nigeria” Section 86 of the 1963 Republican Constitution has a similar provision. Consequently, a suggestion for State Constitutions of the Federating units making up the Nigerian Federation is not an aberration, overstatement or an exaggerated request in the light of the Nation’s Political and Constitutional history. 2. A Supreme Constitution Closely related to the above is the existence of a written Constitution which is supreme. By its very nature, and having

"TODAY, THE NIGERIAN FEDERATION CONSISTS OF 36 STATES. AMERICA HAS 51 STATES. IT THUS, APPEARS TO ME THAT, THIS IS THE ONLY REQUIREMENT OF TRUE FEDERALISM THAT WE ARE ABLE TO SATISFY. WHAT MAKES FEDERALISM THRIVE, IS THE MULTIPLICITY OF INTEREST GROUPS REACTING UPON ONE ANOTHER TO PRODUCE EQUILIBRIUM. A MULTIPLICITY OF UNITS CREATES A FEELING OF INTER- DEPENDENCE, WHICH IN TURN ENCOURAGES CO-OPERATION AND MUTUAL TOLERANCE"

4. Meaningful Independence The Central and Regional governments should stand to each other in a relationship of meaningful independence resting upon a balanced division of powers and resources. Each must have powers and resources, sufficient to support its structure. The power sharing arrangement should not place such a preponderance of power in the hands of either, as to make it so powerful that it is able to bend the will of the other to its own. 5. Mutual Non - Interference In the exercise of the power vested in it by the constitution, each government must not impede, obstruct or otherwise interfere with the other acting within its own powers. This brings into focus the principle of the doctrine of implied prohibition against interference under the American constitution. The Court of Appeal has also held that this principle is part of the Nigerian Constitution in FEDERAL MINISTER OF INTERNAL AFFAIRS v ALHAJI DARMAN SHUGABA 6. Equality of Status as Between the Federating Units 12 It is implicit in the federal system, that the powers of the individual regional governments and their relationship with the national government should be the same, and that no regional government should be allowed a special position, with regard to the central Government. Otherwise such regional Government would develop an attitude of superiority and arrogance towards the others, a fact which could be of dire consequence for the entire union. 7. Meaningful Number of States/ Regional Governments Today, the Nigerian Federation consists of 36 States. America has 51 States. It thus, appears to me that, this is the only requirement of true Federalism that we are able to satisfy. What makes Federalism thrive, is the multiplicity of interest groups reacting upon one another to produce equilibrium. A multiplicity of units creates a feeling of interdependence, which in turn encourages co-operation and mutual tolerance. Let me conclude by quoting the words of Hon. Justice T. A. Aguda in his book "The Future of Federalism in Nigeria", that essentially, a Federation is a process of bringing about a dynamic equilibrium between the centrifugal and centripetal forces in a society and it entails continuous adjustments between the Federal Government and the Government of the component parts. Dele Adesina, SAN, Lagos based Legal Practitioner and Past General Secretary of Nigerian Bar Association.

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CASE REVIEW/11

2016: Review of Some Significant Cases (Labour & Employment Matters) This is a review by Folabi Kuti, of some significant labour and employment cases decided by the National Industrial Court of Nigeria (NICN) in 2016, ranging from prevention of a nationwide industrial action to compensatory damages and workers' protection

National Industrial Court of Nigeria

B Trade Dispute

y its ruling on an ex parte application for injunctive orders filed by the Federal Government of Nigeria, the National Industrial Court of Nigeria (NICN) intervened to avert an imminent planned nationwide industrial action, which would have been of colossal impact to the nation’s economy. This is the substance of the decision rendered in The Federal Government of Nigeria & Anor v Nigeria Labour Congress & Anor (Unreported suit No. NICN/ ABJ/179/2016; ruling delivered on 17 May 2016; per Adejumo J., President, NICN). Enforceability of Contractual Restrictions on Freedom to Conduct Business In three recent cases, restraint of trade has been carefully examined by the NICN. In STUDIO PRESS (NIGERIA) PLC v GARNESH KADOOR & ANOR (Unreported suit No. NICN/LA/ 144/2015; judgment delivered on 18 March 2016; per Oyewumi J.), a restraint of trade clause, restricting the activities of an employee for upward of 2 years after termination of employment, was held enforceable. The former employee was held liable in damages and consequently restrained from continuing in his employment with his new employer (sued as 2nd defendant); the latter was also similarly held liable, for having induced the breach of the trade restriction covenant with

the claimant until the end of the covenant period. Interestingly, THE LA CASERA COMPANY v MR. PRAHLAD KOTTAPPURATH GANGADHARAN (Unreported suit No. NICN/LA/533/2013; judgment delivered on 18 March 2016; per Peters J.), by reason of the peculiar fact-situation therein, offered a diametrically opposed conclusion. A trade restraint clause restraining the employee ‘in perpetuity from accepting any job in the same or similar field for a period of 5 (five) years after termination of contract, and thereafter...from working for competing companies in Nigeria i.e. companies in beverages, soft drinks, and table water industry’ was declared to be unenforceable; against public policy; null and void. Finally, in what is markedly a viewpoint different from its 2015 decision in OVERLAND v CAPTAIN JAM (Unreported suit No. NICN/ LA/597/2012; judgment delivered on April 15, 2015; per Kanyip J.,) on the point, the NICN in Overland Airways Limited v Captain Joseph Gamra & Anor (Unreported suit No. NICN/ LA/141/2011; judgment delivered on

7th January, 2016; per Adejumo J., President NICN) held that, contracts in restraint of trade are distinguishable from training bonds. On the enforceability of the latter, the court maintained that the practice of executing training bonds is generally enforceable, but becomes unenforceable when such bonds are proven to be penalty bonds (that is, excessive stipulated damages). New Dispensation in Labour and Employment Matters The new high-water mark in the compensatory damages regime available to service the grouse of an employee, whom the court has found to have been unfairly relieved of his employment, has been the subject of sustained analysis in some of the cases decided by the Industrial Court in 2016. OLUFEMI AMODU v EPESOK PAPER MILL LTD (Unreported suit No. NICN/ LA/304/2013; judgment delivered on 21 June 2016; per Kanyip, J), is a seminal judgement, in which the Court pointed out that the old dispensation of cases which insist on the measure of damages in termina-

"THE NEW HIGH-WATER MARK IN THE COMPENSATORY DAMAGES REGIME AVAILABLE TO SERVICE THE GROUSE OF AN EMPLOYEE, WHOM THE COURT HAS FOUND TO HAVE BEEN UNFAIRLY RELIEVED OF HIS EMPLOYMENT, HAS BEEN THE SUBJECT OF SUSTAINED ANALYSIS IN SOME OF THE CASES DECIDED BY THE INDUSTRIAL COURT IN 2016"

tion/dismissal being restricted to only payment in lieu of notice, typifies the stance of common law on the matter, which is not necessarily the case today. Relying on the applicable provisions of its enabling law, and s. 254C of the Third Alteration to the 1999 Constitution, as amended, the Court confirmed that the “Court may... where necessary make any appropriate order, including...an award of compensation or damages in any circumstances contemplated by this Act or any Act of the National Assembly dealing with any matter that the Court has jurisdiction to hear”. Compensatory Damages The jurisdiction to award substantial damages to meet the justice of the case, also came to the fore in MR. I.N OROK v LAGOS UNIVERSITY TEACHING HOSPITAL MANAGEMENT BOARD (Unreported suit No. NICN/LA/50/2014; judgment delivered on 26 February 2016; per Oyewumi J) where the Court awarded compensatory damages equivalent to two years’ salary to each of the claimants – the basis for compensation being that their salaries and entitlements had been withheld for a period 16 years! Similarly in MRS. TITILAYO AKINSANYA v COCACOLA NIGERIA LIMITED & ANOR (Unreported suit No. NICN/ LA/40/2012; judgment delivered on 13 April 2016; per Kanyip J.), the Court, having found that the investigative process leading to the summary dismissal of the claimant was wrongful, awarded inter alia compensatory damages of one year’s CONTINUED ON PAGE 12

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2016: REVIEW OF SOME SIGNIFICANT CASES (LABOUR & EMPLOYMENT MATTERS) CONTINUED FROM PAGE 11 gross salary to the claimant. The decision also emphasised a critical point, which is that, for an employee to complain of absence of fair hearing in terms of the disciplinary process leading to his termination/dismissal from work, the employee must have raised the absence of fair hearing during the disciplinary process, and not for the first time, when an action is filed to challenge the termination of employment. In Mrs. Issey Celestina AkinLOLU-OJO v UNITED BANK FOR AFRICA (Unreported suit No. NICN/LA/497/2012; judgment delivered on February 1 2016; per Obaseki-Osaghae J)., the Court awarded damages in the region of seven figures, to compensate harassment and humiliation in the work place; whilst a wrongfully dismissed claimant was awarded compensatory damages approximating his six months’ salary in MR. GABRIEL OLOGUN v BENAIZ HEALTH CARE LIMITED (Unreported suit No. NICN/LA/379/2013; judgment delivered on 18 March 2016; per Oyewumi J.). In MRS. JENNY EDEM & ORS. v THE NIGERIAN POLICE FORCE & ORS (Unreported suit No. NICN/CA/53/2013; judgment delivered on November 6 2016; per Obaseki-Osaghae J.), the facts were that the defendants refused to pay to the claimants their late father’s death benefits in spite of all the efforts made by them. The Court ordered the immediate payment (to the claimants) of the gratuity and other death benefits of the claimants’ late father, and also awarded general damages in the sum of Five Million Naira (N5 Million) to compensate the untold hardship, trauma and financial hardship by the actions of the defendants. In MONDAY UDOH v REYNOLDS CONSTRUCTION COMPANY (NIG.) LTD. (Unreported suit No. NICN/OW/ 09/2015; judgment delivered on 04 April 2016; per Agbakoba J.); a poorly pleaded case on injury at the workplace, the Court nonetheless awarded reasonable compensatory damages for the injured worker. It is, to give another example, equally relevant to note that the Court has also been exacting in its adherence to legal principles when deciding cases. Thus in HOPE OLUIGBO V GEORGE BEST AUTO SUPPLY (NIG) LTD (Unreported suit No. NICN/LA/678/2012; ruling delivered on February 21 2016; per Obaseki-Osaghae J.), the injured claimant failed to lead evidence to establish that the machine he was operating malfunctioned or that the defendant did not comply with the provisions of the Factories Act, thereby causing his injury. The court thus held that the claimant, having failed to establish that he was injured by the wrongful act of the defendant, was not entitled to general damages. In SOLOMON JUDE v NIGERIA BOTTLING COMPANY PLC. (Unreported suit No. NICN/OW/ 33/2013; judgment delivered on 19 January 2016; per Anuwe J.), the claimant lost a finger to an armed robbery attack, in the course of attending to his duty out of station. He contended that the incident and the injury he sustained therefrom, were a result of the defendant’s default in keeping to the terms of the condition of service, specifically, to provide for him accommodation in the new station to which he was transferred. The Court held that, the injury resulted remotely from the defendant’s default. The claimant sought the sum of N90,000,000.00 (Ninety Million Naira) for the injury. The court held, ‘Only a finger was lost. Although he is entitled to compensation for the loss of his finger, this court considers the sum claimed as being rather unrealistic, considering that the missing finger does not prevent

President, National Industrial Court of Nigeria, Honourable Babatunde Adejumo, J

the claimant from using the hand as a whole. The effect of the lost finger to the productivity of the hand does not necessarily justify the sum of N90,000,000.00 claimed by the Claimant. From my assessment, the sum of N500,000.00 will be adequate compensation to the claimant.’ Workers Protection There are other significant signposts in which the NICN has continued to contribute to the development of (a progressively evolving) labour law jurisprudence in the year under review. The mileages recorded are variously in the areas of greater worker’s protection or job security, workers’ participation vis-à-vis the influence of labour on management decision making, court’s reluctance to interfere with parties’ freedom of contract excepting (in accordance with the letters of the court’s enabling law) in deserving cases to protect a weaker party, increasing engagement with the employees as a pivotal factor of production, and so on. A few of these will suffice to illustrate the foregoing. In NIGERIA UNION OF RAILWAY WORKERS & ANOR v NIGERIA RAILWAY CORPORATION & ORS (Unreported suit No. NICN/LA/11/2011; judgment delivered on 6th January, 2016; per Adejumo J., President NICN), the Court upheld the arguments of claimants as to a right of first refusal to residential facilities they occupied (as part of their fringe benefits), to bid for and buy the affected properties, before any such affected properties can be validly offered to the public to bid for and purchase. In MRS. LAETICIA EBHOTEMEN v NIGERIA SOCIAL INSURANCE TRUST FUND MANAGEMENT BOARD (Unreported suit No. NICN/LA/350C/2012; judgment delivered on January 14 2016;

per Peters J.), the Court frowned at, and ruled as wrongful, the dismissal of a claimant, who to all known intents, was dismissed for refusing to vacate a staff quarters legitimately allocated to, and occupied by her. In MR. ADEWALE AINA v WEMA BANK PLC & ANOR (Unreported suit No. NICN/LA/ 162/2012; decision rendered on 28 January 2016; per Kanyip J.) the NICN again clarified the new position; finding that whether dismissal is earned or not, the new dispensation is that all earnings of an employee prior to the dismissal, must be paid by the employer to such an employee. Still on the new dispensation of applying principles of fairness and equity to ameliorate the rigidity of old common law rules, collective agreements which are incorporated into contracts of service, the NICN reiterated in MR. VALENTINE IKECHUKWU CHIAZOR v UNION BANK OF NIGERIA PLC (Unreported suit No. NICN/ LA/122/2014; decision rendered on July 12 2016; per Kanyip J.), are by the stated intent of the Third Alteration to the 1999 Constitution, enforceable and binding. Drawing a Convenient Balance between Two Competing Interests By contrast, the Courts have showed reluctance to interfere unduly with work place dynamics on the side of either party, where inappropriate. Put simply, the business of the court is to protect the interests of both the employee and the employer, and in doing so, strike a balance to ensure that neither is meted with harsh or otherwise unfair treatment, at the instance of the other. This principle seems to have been well applied in the NICN’s case of JAMES ADEKUNLE OWULADE v NIGERIA AGIP OIL COMPANY LIMITED (Unreported

"PUT SIMPLY, THE BUSINESS OF THE COURT IS TO PROTECT THE INTERESTS OF BOTH THE EMPLOYEE AND THE EMPLOYER, AND IN DOING SO, STRIKE A BALANCE TO ENSURE THAT NEITHER IS METED WITH HARSH OR OTHERWISE UNFAIR TREATMENT, AT THE INSTANCE OF THE OTHER"

suit No. NICN/LA/41/2012; decision rendered on July 12 2016; per Kanyip J.), and its reverberations felt in the area of employment law, regulating employees’ retirement from service. The practice of retirement, seems to have innocuously evolved its own set of principles, which are routinely adopted by the parties to an employment contract. Usually, upon the attainment of a particular age, or some other event which serves as a trigger, the employee is retired from the service of the employer, with whatever benefits are attendant upon the status and position held by said employee. It may appear slightly unusual to introduce a clause, which gives an employer the option to invoke a mandatory “voluntary retirement” in respect of a particular employee. However, whether the inclusion of such a clause, or its subsequent invocation to determine the employment of an employee will amount to an unfair labour practice, seems to be another question entirely. With reference to the foreign authorities, text writers etc. that were ably considered in the absence of local authorities on the point, it appears the case that ‘voluntary retirement’ is only exercisable at the instance of the employee. In the case at hand, both parties, by contract, reserved that right as one that was available to either of the parties. The company unilaterally exercised that right when the employee hit the ‘voluntary’ age of 55, even as the employee appeared insistent that he was simply not tired, able and capable to do the miles to the mandatory 60-year retirement mark! The court held that, the forced voluntary retirement by the employer (unilateral decision without consulting with, or giving proper notice to the employee) was “involuntary” and therefore “wrongful”. Despite making the finding that this was indeed so, the court nonetheless found that, having taken full benefit of the salaries, and retirement package, with attendant benefits, the claimant’s case was no longer a proper case that could be deemed deserving of the sought damages. A fair balance. In IDONO OMOKENU & 60 ORS v UNILEVER NIGERIA PLC (Unreported suit No. NICN/LA/ 423/2012 delivered on July 12 2016; per Kanyip J.), the claimants’ action; somewhat in the form of a representative action, had sought relief against a common employer; albeit on various and varying terms of contract. The Court had little trouble in cutting through the maze of pleadings and individual oaths submitted, to find that the claimants had failed to establish any entitlement to the reliefs claimed. OGBU GABRIEL v ENUGU STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY. (Unreported suit No. NICN/ EN/126/2012; decision rendered on 4 March 2016; per Ibrahim J.), provides, inter alia, an unequivocal direction to employers and employees alike, that limitation law now applies to even labour cases; and at that, even in cases relating to salary and other benefits, except ‘the test of continuance of damage or injury is won by the Claimant’. Similarly, in MR. ADEGBOLA SIMEON AJOSE v ENERGO NIGERIA LIMITED (Unreported suit No. NICN/ LA/33/2015; decision rendered on 18 February 2016; per Kanyip J.), the Court did not have any difficulty in coming to the conclusion that the claimant’s claim failed to ground a cause in the tort of negligence, and was premature as an action brought further to the provisions of the Employee’s Compensation Act (ECA) 2010. Folabi Kuti, Legal Practitioner, Partner in the law firm of Perchstone & Graeys, Lagos

10.01.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR Tales from a Tennessee Courtroom

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

Dear Counsel, Please, help. I seek your advice on the issue of company income tax, on which you offered some explanations recently. My own case is that tax officials recently came to our offices and demanded that we show our tax receipts. Because we had always paid our taxes, we had no problem bringing our receipts. They then requested that we come to their office for assessment. That we were supposed to have been assessed before commencing payment. When we visited their office a few days later as requested, they gave us a sheet showing exorbitant and outrageous assessments, and requested that we pay up within 28 days. It is very clear that they over-assessed us. What do I do? They are just not prepared to listen to me. L.E., Lagos.

Dear L.E., The law permits you to object to tax assessment of your company by the Federal Inland Revenue Service, where you are convinced that the assessment is wrong. First, you must give a notice to them that you strongly object to their assessment, stating your reasons. This must be done within 30 days of the purported assessment. The tax appeal commissioners are bound to hear your complaints, and make a decision on them within 30 days. Where you are not satisfied with their decision, you are permitted to appeal to the Federal High Court, which will determine the case accordingly. You must therefore get a lawyer to write a strong objection to the Federal Inland Revenue Board, stating your objection. If they refuse to reassess your company, the lawyer may be constrained to file a suit at the Federal High Court, on behalf of your company.

Jake Warner: Auntie, let's have some fun today. Take me back to those days in Tennessee country courtrooms when malapropisms spouted more than Old Faithful. Auntie Nolo: Well, once, a few months after Silent Cal took over from Warren "Back to Normalcy" Harding, I sat in on a criminal prosecution in which the defendant was accused of biting off a man's ear in a barroom brawl. The defendant's attorney, trying to raise at least a scintilla of doubt in the jury's mind, asked the prosecutor's star witness: "Did you acutally see the defendant bite off Mr. Blackwell's ear?" After thinking for a long minute, the witness finally said, "No." Jake Warner: I don't get it -- what's so funny about that? Auntie Nolo: Nothing. But that's when, instead of resting his case, the overconfident defence attorney asked one more question: "Well," he said in a long, drawn-out mocking way, "if you never saw the defendant bite off Mr. Blackwell's ear, what did you see?" "I saw him spit it out," the witness replied. Jake Warner: Tasty. But now you've whetted my appetite for more. Auntie Nolo: Well, there was the time the lawyer was cross-examining a young woman dressed from head to toe in a leather jacket. Jake Warner: You mean a biker chick? Auntie Nolo: It would seem so, since in cross-examination a lawyer asked her, "Is it true that on May 27th at 9:00 PM you had sex with the defendant on the seat of his Harley Davidson 'Fat Boy'?" Jake Warner: And what did she say to that? Auntie Nolo: "What was the time again?"

Dear Editor

Re: 2017, My Expectations Dear Editor Happy New year to you and your loved ones. This is to lay credence to your last write up on your expectations of 2017, which encapsulates what most Nigerians want, except the issue of reform on the legislative arm of the government (their rapacious and pernicious remunerations) and the trending sedulous pogrom going on in Southern Kaduna. The issue of acting Chief Judge is something every rational Nigerian especially you people in the law profession should take seriously and speak up.I don't want to agree on some snippets of rumours making the rounds, that his appointment is being delayed because he is from the southern part of the country, because the President cannot be preaching the indivisibility of the country, while in reality his action is incongruous to his words. This brings me to the point of my intervention today-2017 should be a year when we should see ourselves as Nigerians first, before any tribal

or religious colouration. This anathema has been the bane of our development and every meaningful person especially of our generation, should preach and work within his or her little space to deracinate it from our polity. I honestly believe it should start from the top. I was happy when one of the Northern leaders, His Eminence, the Sultan of Sokoto, spoke out on the extermination going on in Southern Kaduna. I implore Nigerians to commend this man who has been an epitome of peace. Let the other leaders especially from that extract of the country emulate him. Going further, I stumbled on a post on social media which was purported to be a paper delivered by Emir of Kano, Sanusi Lamido Sanusi, at the launch of a book by the late Sir Olaniwun Ajayi. He said Sir Ajayi has written a book and like all Nigerians of his generation he has written in the language of his generation. In summary, he said that before the colonial masters there was none of these divisions that we have today, that they are

just products of political expediency for parochial interest of the architects. Honestly, I totally agree with him, because It has become the archetypal trademark of politicians and bigots, to hide under religion or tribe to pursue their selfish interests; and in the best interest of the recent generation, we should resist it. In other words, there should be a paradigm shift. After all, when they collaborate to plunder our common patrimony, they hardly remember they are from different tribes or religions, it all becomes common interest.I have always believed in an all-inclusive Nigeria, where every tribe or religion is given equal opportunity, and the irony is that this is not as difficult to achieve as we make it seem. All that is required, is just the political and moral will to do what is right at any point in time, especially when you are a leader. May God bless us in this new year as we forge ahead for the collective emancipation of our dear father land, Nigeria. Lloyd A

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10.01.2017

THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Developments In Whistleblowing

very Corrupt Practice, both in the Private and Public sphere, ranging from bribery to price fixing or contract inflation, evidently involves at least a few insiders who were either aware, or had suspicions that something was amiss. Security agencies and prosecutors globally, receive information from employees within government agencies and corporations, within companies, who detect wrongdoing, but not every case features a whistleblower. Given that many more incidents may go undetected by the authorities, it is obvious that they have every reason to encourage whistleblowers to come forward. Only recently, on the 21st of December, 2016, the Federal Republic of Nigeria, through its Finance Minister, Mrs Kemi Adeosun announced some form of policy, which will encourage Nigerian whistleblowing, and planned remuneration not below 5% of the recovered loot, resulting from divulging priced sensitive information, useful to the government in its recovery bid. Several questions have been agitating most minds including the writer, which includes thus - whether a mere policy pronouncement by the Federal Government, can firmly sustain the whistleblowing concept without an enabling legal framework duly passed by the National Assembly. After Edwin Snowden, which was perceived to be the biggest whistleblowing scandal with tremendous security exposures to the United States, these discussions have been ongoing in several jurisdictions including the UK, on the appropriate legal framework and the means by which to promote same. Existing Framework Presently, to the best of the writer’s knowledge there is no specific legislation that directly deals with whistleblowing in Nigeria. However certain existing legislations can be construed to give some credence to the concept. Section 39 (1) of the Economic Financial Crimes Commission (Establishment) Act 2004 and Section 64 (1) Independent Corrupt Practices and Other Related Offences Act 2000. However, during the tenure of the 7th National Assembly of Nigeria, two bills on this subject-matter were pending before both Houses seeking to protect disclosures made in public interest and whistleblowers. The bills, as sourced from the official website of the National Assembly have not been passed into law. The first bill is captioned “WHISTLEBLOWER PROTECTION BILL, 2008” (H.B. 117). It seeks to provide for the manner in which individuals may in the public interest, disclose information that relates to unlawful or other illegal conduct or corrupt practices of others, and to provide for the protection against victimisation of persons who make these disclosures. The Record shows that the Bill was sponsored by Senator Ganiyu Olanrewaju Solomon. The second bill is captioned “SAFEGUARDED DISCLOSURE (WHISTLE BLOWERS, SPECIAL PROVISIONS, ETC. BILL, 2009” (H.B 167). sponsored by Honourable John Halims Agoda.

The Text of this bill seeks to make provisions for the procedure by which persons employed in the public and private sectors, may disclose information regarding unlawful and other irregular practices and conduct in the workplace, and to provide protection against any occupational detriment or reprisals of a person making such disclosures. The true state of the pending bills cannot be ascertained right now, but by the effluxion of the tenure of the 7th National Assembly, those bills by logical implication automatically abate, unless represented to the respective houses. Albeit so, re-introduction of the Whistleblower Protection Bill is therefore highly welcomed. A single legislative instrument would be beneficial, as it would contain protective measures to bridge the gap where the other statutory provisions appear to neglect. In addition, this single legislation could be utilised as an anti-corruption tool. It is possible that banks, knowingly or unknowingly are used as a mechanism for the purposes of money laundering. In the instance that members of staff are able to bypass certain security measures, it further affords money launderers the ability to launder money through banks, undetected. If this then remains unreported by members of staff, who witness their superiors bypassing these necessary checks, it also further enhances the operations of money laundering. Thus, the passing of the Whistleblower Protection Bills, with protective measures included, would assist in curbing corruption. Consequently, it is in great doubt that without a subsisting duly passed

Legislation, the Policy as announced by the esteemed Minister of Finance might suffer serious legal challenges, as the framework would be inchoate or at best, another toothless policy guideline, without the requisite legal and enabling backing. Global Outlook on the Concept In countries like Japan, United States and South Korea, whistleblowers are not only protected from victimisation or dismissal, they are even rewarded and celebrated. Whistleblowing was statutorily recognised in the United States as early as 1863. In 1989, the Whistleblower Protection Act was passed. The Act protects Federal workers who disclose any information they reasonably believe violates the law, rule or regulation or any information disclosing abuse of authority, gross waste of funds, mismanagement, significant and specific risk to public health and safety. In order to encourage and support a whistleblower, the United States Office of Special Counsel (OSC) was established in 1979, and operates as a confidential disclosure channel for whistleblowers in federal employment. In 2007, the Whistleblower Protection Enhancement Act of 2007 was passed, which by implication, repealed the 1989 Act. The Dodd Frank Act, 2010 gives powers to the Securities and Exchange Commission (SEC) and Commodities Futures Trading Commission (CFTC) to pay awards to whistleblowers. SEC can award a person who supplies high quality information between 10% and 30% of the proceeds recovered, if the penalties surpass $1m. In its 2013 Annual Report to congress on

"ONLY RECENTLY, ON THE 21ST OF DECEMBER, 2016, THE FEDERAL REPUBLIC OF NIGERIA, THROUGH ITS FINANCE MINISTER, MRS. KEMI ADEOSUN ANNOUNCED SOME FORM OF POLICY, WHICH WILL ENCOURAGE NIGERIAN WHISTLEBLOWING, AND PLANNED REMUNERATION NOT BELOW 5% OF THE RECOVERED LOOT, RESULTING FROM DIVULGING PRICED SENSITIVE INFORMATION, USEFUL TO THE GOVERNMENT IN ITS RECOVERY BID"

Dodd-Frank Whistleblower Program, SEC reported that just one in ten whistleblower reports were from outside of the US, with 16 percent of those originating from the UK. The largest whistleblower payout to date, reported in September 2014 to amount to more than $30m, is due to be made to an overseas whistleblower. The US Department of Justice has a similar power to make awards to whistleblowers, in relation to prosecutions under the Foreign Corrupt Practices Act. In the UK, the Public Interest Disclosure Act (PIDA) 1999 was passed. PIDA protects both public and private sector employees, who make a ‘qualifying disclosure’. Qualifying disclosure is any disclosure of criminal offence, of a failure to comply with any legal obligation, of a miscarriage of justice, danger to the health and safety of any individual, of damage to the environment or of a deliberate concealment of information relating to any of the above that has been, is being or is likely to be committed. In 2013, owing to concerns in the UK that the whistleblowing framework may not sufficiently protect and encourage potential whistleblowers, both the Parliamentary Commission on Banking Standards (PCBS) and the Department for Business, Innovation and Skills (BIS) issued a call for evidence on how the current whistleblowing framework is working, at the wake of the LIBOR rigging and mis- selling scandals. On the 19th of June, 2013 it published its longawaited report captioned “ changing banking for good”. The PCBS reported that it was shocked that so many people turned a blind eye to misbehaviour and failed to report it, and stated that the people best placed to flag up any emerging failings culture and standards, are a bank’s own employees. Despite the widespread knowledge of the LIBOR-rigging on the trading floor, no employee apparently felt sufficiently concerned, or sufficiently confident, to whistleblow by escalating the problem internally, or informing the regulator. The PCBS stressed that more needs to be done to encourage whistleblowers to come forward. The report made a number of recommendations, to ensure more effective support for whistleblowers in the banking sector.

10.01.2017

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INSIGHT ABUBAKAR D. SANI

x14sure@yahoo.com

Malabu Oil: Why Charges are Unconstitutional and Invalid

Introduction

he Economic and Financial Crimes Commission (EFCC) has reportedly filed charges against two former Ministers, Dan Etete and Mohammed Bello Adoke, SAN, the immediate past Attorney-General of the Federation, as well as one Aliyu Abubakar and several limited liability companies, arising from the alleged fraudulent diversion of the sum of $1.1 billion paid by oil giants, Shell and ENI, in respect Oil Prospecting Licence (OPL) 245, to which Malabu Oil & Gas Company Ltd, owned by Etete, had laid claim. The charges allege that the defendants committed or aided the commission of money-laundering by fraudulently facilitating the payment and transfer of the said sum of money from an account operated by the Federal Ministry of Justice, to Dan Etete, Malabu Oil, Aliyu Abubakar and the said companies. For reasons which I shall presently outline, I believe that to proceed with the charges in their present form would violate the fundamental right of fair hearing under Section 36(8) of the 1999 Constitution . What is the substance of the charges? All the nine-odd charges in the indictment apparently relate to or arise from the same transaction(s). That being the case, for the sake of brevity, only two of them will be considered here, as follows: - “That you Dauzia Loya Etete (aka Dan Etete) and Malabu Oil & Gas Co. Ltd on or about August 10, 2011, directly or indirectly took control of the sum of $401,000,000 paid from the Federal Government of Nigeria escrow account number 41451493 IBAN GB 30CHAS609242411493 with JP Morgan Chase Bank in London, into the account Malabu Oil & Gas Ltd., domiciled in First Bank of Nigeria Plc. Account Number 2011828805, when you knew the funds formed part of the proceeds of an unlawful activity to wit: fraud, and thereby committed an offence contrary to Section 15(2) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section 15 (3) of the same Act” - “That you, Mohammed Bello Adoke (SAN), on or about August 10, 2011 in Abuja, within the jurisdiction of this Honourable Court, aided Dauzia Loya Etete (aka Dan Etete) and Malabu Oil & Gas Ltd. to commit the offence of money laundering by facilitating the payment of an aggregate sum of $801,540,000 only to Dauzia Loya Etete (aka Dan Etete)and Malabu Oil & Gas through the Federal Government of Nigeria Escrow account Number 41451493 IBAN GB 30CHAS609242411493 with JP Morgan Chase Bank in London, which you reasonably ought to have known represented the proceeds of an unlawful activity to wit: fraud, and thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act ” The Money Laundering Act The offences were allegedly committed on the 10th and 24th days of August 2011, at least the two that are reproduced above. Section 18(a) of the Money Laundering (Prohibition) Act 2011 under which the second charge above

Dan Etete

Mohammed Bello Adoke, SAN

was laid took effect from the 3rd day of June 2011, and it provides: “A person who conspires with, aid, abets or counsels any other person to commit an offence under this Act commits an offence and is liable on conviction to the same punishment as is prescribed for that offence under this Act” Both the principal Act and the amendment thereto outline a number of substantive criminal offences, such as theft, murder, robbery, forgery, kidnapping, bribery, corruption, etc, which they purport to criminalise by providing (e.g. Section 15(1) (a)(ii) of the principal Act) that any person who converts or transfers resources or properties, derived directly from such conduct specified in the Act or any other legislation relating to money laundering with the aim of concealing or disguising the illicit origin of the resources or property or aiding any person involved to evade the illegal consequences of his action, commits an offence under the Section. Significantly, fraud is not one of such offences. This provision, i.e., fraud as a money-laundering offence, was introduced by the amendment to the Act in 2012 which replaced the entire Section 15 of the principal Act, the operative clause of the Act. The significance of this in relation to the Malabu charges, is that, even though they specifically allege fraud against the defendants, curiously, as at the date the offences were allegedly committed - in August 2011 - fraud was not one of the offences in connection with which money-laundering could be committed. To that extent, the law is settled that the legislature is deemed to have excluded it, the maxim being: expressio unius est

exclusio alterius. See P.C.H.S. LTD. v MIGFO (2012) All FWLR pt. 642 pg. 1615 @ 1643D, per Galadima, JSC. This conclusion is all the more compelling, in my view, because the Money Laundering Act is a penal statute. The Supreme Court has held that such statutes should be construed strictly for the benefit of any person charged with their contravention: OHUKA v THE STATE (1988)2 S.C pt. II pg. 139. This legal requirement manifests in four ways:i. That express language is required for the creation of the offences alleged; ii. That words describing the elements of the offence should be strictly interpreted; iii. That any statutory conditions precedent to the infliction of punishment should be fulfilled to the letter; and iv. That all technical provisions should strictly be observed: UMOERA v C.O.P (1977) 7 S.C. 12. In the cited case, the Supreme Court held that, if there is any ambiguity in the words which set out the elements of the act or omission declared to be an offence, so that it is doubtful whether the act or omission falls within the statutory words, the ambiguity will be resolved in favour of the person charged. Applying the foregoing parameters to the Malabo charges, the non-inclusion of fraud in the ipsissima verba of the Money Laundering Act, 2011 which was in force at the time when the offences were allegedly committed, is fatal to the case of the prosecution. I believe that this is the only possible conclusion from a dispassionate application of the

"TO THAT EXTENT, IT IS CLEAR THAT, TO PROCEED WITH THE SAID CHARGES IN THEIR PRESENT FORM, WOULD VIOLATE THE FUNDAMENTAL RIGHT OF THE DEFENDANTS TO FAIR HEARING UNDER SECTION 36(8) OF THE 1999 CONSTITUTION WHICH PROVIDES, INTER ALIA, THAT: “NO PERSON SHALL BE HELD TO BE GUILTY OF A CRIMINAL OFFENCE ON ACCOUNT OF ANY ACT OR OMISSION THAT DID NOT, AT THE TIME IT LOOK PLACE, CONSTITUTE SUCH AN OFFENCE”"

principle in UMOERA’s case, (supra), which demands that not only should the words describing the elements of the offence be strictly interpreted, all its technical provisions should strictly be observed. To that extent, it is clear that, to proceed with the said charges in their present form, would violate the fundamental right of the defendants to fair hearing under Section 36(8) of the 1999 Constitution which provides, inter alia, that: “No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it look place, constitute such an offence”. Assuming, without conceding, that the said amendment relates back to the date of the commission of the alleged offence, i.e., that the amendment is retroactive, this would equally be invalid by virtue of Section 4(9) of the Constitution which provides that “the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect” Conclusion (i) Fraud was not a money-laundering offence at the time the acts alleged in the Malabu indictments were purportedly committed. Accordingly, it would be a travesty of justice and a violation of the constitutionally guaranteed right of fair hearing to arraign any citizen of Nigeria on the basis of conduct which did not, at the time it was allegedly committed, constitute a criminal offence. (ii) Given that no criminal law can have retrospective effect, the amendment effected by the Money Laundering (Prohibition)(Amendment) Act 2012 which made fraud a money-laundering offence is inapplicable to the conduct alleged in the said indictments. Beyond this, however, the National Assembly will need to further amend the Act, in my view, if it is to achieve the desired results. (iii) This would entail omitting from the scope of the Act such non-federal offences as murder, grievous bodily harm, theft, robbery, forgery, extortion, fraud and participating in an organised criminal group, as well as the present blanket inclusion of any other criminal act specified in any other law in Nigeria, as it is simply too sweeping - apart from Abuja, FCT, the National Assembly can legislate for the rest of Nigeria only on those matters in respect of which it has been specifically empowered under the Constitution: DOHERTY v BALEWA (1961) NSCC 248 @252; Section 299(a) of the Constitution. (iv) To the extent that the subject-matter of any criminal offence is contained in neither the Exclusive nor the Concurrent Legislative Lists of the Constitution, but rather, in the Residual List, only State Houses of Assembly are competent to legislate on them: ATT-GEN. OF ABIA v ATT- GEN. OF THE FEDERATION (2006) 7 S.C.N.J.1. Accordingly, interested States should be encouraged to enact appropriate money-laundering legislation in respect of such offences. (v) Both the National Assembly and relevant prosecuting agencies should review their respective powers under the 1999 Constitution vis-a-vis criminal offences generally, but particularly moneylaundering, bearing in mind that the objective of criminal justice administration is justice according to law, not securing convictions at all costs or by any means, fair or foul.

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10.01.2017

Zebra Crossings: The Law, Offences and Penalties This interesting piece written by Michael Ogunjobi about Zebra Crossings, the purpose of which may be unknown to many Nigerian pedestrians, motorists, and motorcyclists, discusses important issues pertaining to Zebra Crossings including prohibited acts at such crossings and penalties for the contravention of statutory provisions governing the use of same

asically, in Nigeria, Zebra Crossings are part of road furniture. Over the years, there appears to be a redefinition of the white stripes on our tarred roads, a clear departure from what obtains in the past. These alternating black-and-white stripes that run across from one side of the road to the other, in the manner of a Zebra’s coat, now merely serve aesthetic purposes. Motorists would rather stop for cattle, chickens, dogs and other stray animals, than have regard for human lives by stopping at a Zebra Crossing. Origin and Purpose of Zebra Crossing The origin of Zebra Crossings dates back to over 2000 years ago, as can be seen in the ruins of Pompeii. It is one of the marked pedestrian crossing or crosswalk, often found at intersections designated for pedestrians to cross a road across the flow of vehicular traffic, otherwise unsafe without assistance. It is one of the basic High Way Codes, which is usually more helpful to vulnerable persons such as children, aged, sick, feeble, persons with disabilities etc. Motorists and Bikers are expected to reduce their speed to zero upon approaching a Zebra Crossing, to allow pedestrians cross the road. Rules govern usage of the pedestrian crossings for maintenance of a peaceful and safe interaction between man and vehicles. Of note, it serves as a nerve calming safety measure, with motorists compelled to take a break before hitting the road again. Even at night, in some locations, there are amber coloured globes, placed atop zebra-striped poles beside zebra crossings, to caution motorists and bikers. Pedestrian Haphazard Crossing: Jay Walking Of great concern is the habit of most pedestrians, ignoring Zebra Crossings and crossing the road at a place other than a regular crossing, in a heedless manner. This is regarded as ‘jay walking’, and constitutes a violation of pedestrian traffic laws. Such pedestrians not only encourage disregard for Zebra Crossings, since motorists would no longer feel under an obligation to obey regulations governing freeways, service lanes, and arterial roads that have Zebra Crossings, but also puts other road users in danger. Jay Driving ‘Jay driving’ refers to the act of driving with disregard for the traffic rules, driving on the wrong side of the road or through a stop sign. Hence, driving schools, law enforcement agencies and even road users, have major roles to play in curbing this anomaly. This is important since a mistake or

Zebra Crossing

carelessness of one motorist, could cause scores of other motorists and road users untold hardship, broken limbs, death, wreckage, traffic etc. So, you may want to ask- would you disregard a Zebra Crossing, knowing that it benefits the feeblest in our community who should be accorded supreme consideration, simply because you get a slap on the wrist for default? Thus, before you complain about corruption, you may need to reflect on those little conducts of yours that are despicable.

mended distance between a motorist and a pedestrian on the Zebra Crossing. Hence, it is inappropriate to park on the Zebra Crossing. Likewise, it is prohibited to overtake a vehicle that stopped to allow pedestrians to cross. Succinctly, a driver’s licence holder may be issued warning, suspension of licence or outright revocation of licence upon conviction by a Court of law or by having cumulative penalty points usually allotted to traffic offences accumulated on a driver’s record.

Prohibited Acts This discourse would be incomplete without a précis of the relevant statutory provisions on Zebra Crossings; though like disregard of Zebra Crossings by motorists, enforcement is lacking! A minimum of six meters is the recom-

Statutory Provisions Of note, the Notice of Offence Sheet made pursuant to Sections 10(4), 28(2) of FRSC Act, 2007 and Regulation 143 of NRTR 2012 provide for a penalty of N5,000.00 and 5 points penalty for ‘Road Marking Violation’. Remarkably,

"BASICALLY, IN NIGERIA, ZEBRA CROSSINGS ARE PART OF ROAD FURNITURE. OVER THE YEARS, THERE APPEARS TO BE A REDEFINITION OF THE WHITE STRIPES ON OUR TARRED ROADS, A CLEAR DEPARTURE FROM WHAT OBTAINS IN THE PAST. THESE ALTERNATING BLACK-AND-WHITE STRIPES THAT RUN ACROSS FROM ONE SIDE OF THE ROAD TO THE OTHER, IN THE MANNER OF A ZEBRA’S COAT, NOW MERELY SERVE AESTHETIC PURPOSES. MOTORISTS WOULD RATHER STOP FOR CATTLE, CHICKENS, DOGS AND OTHER STRAY ANIMALS, THAN HAVE REGARD FOR HUMAN LIVES BY STOPPING AT A ZEBRA CROSSING

the Lagos State Road Traffic Law, 2012; Schedule I listing Traffic Offences and Penalties stipulates fine of N20,000.00 for 1st offenders and N30,000.00 for subsequent offenders, for failure to yield to right of way of pedestrians at a Zebra Crossing. Considering the traffic demands of the festive season wherein our roads are flooded with over-joyous fun-seekers, drunk drivers, travellers, returnees from abroad, visitors to cities, persons test-running new cars, not forgetting frustrated persons awaiting the end of the recession, sanctions must be meted out on those who breach traffic regulations, regardless of who the defaulters may be. It is in this regard that mobile courts are recommended across the federation to checkmate traffic offences, since the primordial necessity of man moving daily within space and time in search of a source of livelihood, will continue to result in vehicular and human traffic. It is expected that the markings on roads would suffice to indicate Zebra Crossings, but since that is not the case, concerted efforts should be made towards constructing flood lights, beacons traffic lights and positioning traffic officers around Zebra Crossing areas. Lastly, prompt repainting of the white paint on Zebra Crossings once they peel-off is desirable. Michael O. Ogunjobi, Legal Practitioner and Public Affairs Analyst, Author of ‘Dishonourable Honourable’

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Abuja Disco Explains Why FCT Enjoys Preferential Electricity Supply Chineme Okafor in Abuja The Abuja Electricity Distribution Plc (Abuja Disco) has stated that it delivers more electricity to the Federal Capital Territory (FCT) Abuja because it is the current federal capital of Nigeria and hosts about 70 per cent of its entire customers. The Disco in a statement refuted allegations by a group that it was biased against Niger State and its people in the distribution of the electricity allocated to it from the national grid. It also

explained reasons why it has to give more power to Abuja. According to the statement signed by its head of media and public affairs, Ahmed Shakarau, despite the recent drop in nationwide electricity generation and transmission, it has remained fair to all its customers in Abuja, Nasarawa, Kogi and Niger States. “Notwithstanding the drop in generation, however, we have always shared the proportion of power allocated to us equitably amongst our customers

in the coverage area. “But it is instructive at this point to call public attention to the fact that in sharing whatever amount of power allocated to us daily, we concentrate the largest proportion of it in the FCT. This is justifiably so for very obvious reasons. One, the Federal Capital City-Abuja, is Nigeria’s seat of government, serving as host to many strategic national and international institutions, including the Nnamdi Azikiwe International Airport, the National Hospital,

various military formations as well as several diplomatic missions,” said the Disco. It further said: “It bears emphasis here, therefore, that while we accord the highest regard to all our customers across the entire coverage area, including Niger State, we cannot turn a blind eye to the very strategic power requirements of the nation’s capital city. “Secondly, it is equally important to let the public know that 70 per cent of our customers are located in the FCT. Hence, we have

no choice but to domesticate the largest proportion of our allocation in the territory.” The Disco equally noted that its daily allocation has dropped from what it used to be due to the drop in generation. “Besides, it is also pertinent to explain that as one of the 11 distribution companies, AEDC is only entitled to 11.5 per cent of whatever quantum of electricity that is available for distribution at the national pool. “This comprises electricity generated from all the functional

plants from amongst the 26 power generating plants, including the three hydropower stations in Niger State. It is also very important to point out that the 11.5 per cent of power available for national distribution has in recent times hovered in the region of 300 megawatts (MW) daily due to the low national generation occasioned by acts of vandalism. This is 150MW below AEDC’s baseline allocation where the generation atmosphere is peaceful,” it added.

Global LNG Prices Edge Higher Asian spot liquefied natural gas prices were buoyed by new purchases and tenders but stayed below recent twoyear highs this week as two outage-hit plants resumed output. The price of LNG LNG-AS for February delivery rose to $9.75 per million British thermal units (mmBtu), 25 cents above last week’s levels, traders said. Though Japanese and Chinese demand cooled, trade sources said Korea Gas Corp was open to possible purchases despite having secured a recent shipment from Angola and contracted for winter cargoes in December via a tender. Gail India, which launched a tender to buy three cargoes between January-March, in the end decided to just award the February shipment at an estimated price in the mid to high $9 per mmBtu range, trade sources said. Traders took this as a sign of slack demand in a market that has so far proven surprisingly resilient to rising Asian prices, up 137 percent since mid-April. BHP Billiton sold a cargo from Australia’s North West Shelf export facility to an unidentified buyer which some said was Chevron Corp for a price in the high $9 per mmBtu range. “The market is looking at this deal closely as it can set the tone for 2017 prices,” a Singapore-based trader said. Trade sources pointed to Chevron’s urgent need to replace lost output from its two

disabled export facilities as one possible driver for paying BHP Billiton a relatively high price. However, Chevron’s LNG production outlook brightened significantly as 2017 got underway with both its Angola LNG facility, and the giant Gorgon project in Australia, restarting production this week following a month-long outage. The impact on prices was expected to be gradual as traders waited to see whether production could be sustained given both plants’ uneven performance through 2016. Thailand’s state-run PTT was said to have launched a tender seeking cargoes for delivery in February and March, according to one trader, although exact details could not be confirmed. Traders were also watching for a potential production stoppage at Sonatrach’s Arzew LNG plant in Algeria. Six LNG tankers were anchored outside Arzew port and there was little discernible activity, according to Thomson Reuters shipping data. Turkey and France accounted for the biggest share of Atlantic LNG demand. Since embarking on a LNG buying spree in December to meet higher gas consumption due to cold weather, Turkey continues to be an attractive market for Atlantic producers, traders said. Demand for gas to generate electricity is so high that it has pushed power prices to record highs, forcing Turkey’s energy watchdog to impose price caps on prices.

Iran Takes Ownership of First Jet under Sanctions Deal Airbus said on Sunday Iran’s state airline IranAir had accepted its first new jet, marking a key step in opening up trade under a nuclear sanctions deal between Iran and major powers. The Airbus A321 jetliner has been painted in IranAir livery and is expected to be delivered later this week. “The technical acceptance has been done with formal delivery still to be done,” a spokesman for the European planemaker said. Iranian regulators said the aircraft had been placed on the country’s aircraft register, indicating IranAir had taken ownership of the aircraft: the first of around 200 Western aircraft ordered since sanctions were lifted. “The registration has been done, and the delivery should

be by the end of the week,” Reza Jafarzadeh, a spokesman for Iran’s Civil Aviation Organization, told Reuters by telephone. The 189-seat jet was assembled in Hamburg, Germany. From there, it is expected to be transferred to Airbus headquarters in Toulouse, France, for a formal handover on Wednesday. IranAir Chairman Farhad Parvaresh told state news agency IRNA there would be an official ceremony to mark the arrival of the Airbus jetliner in Tehran later this week. IranAir has ordered 100 passenger jets from Airbus and 80 from its U.S. rival Boeing under the nuclear deal, which called for the lifting of most international sanctions in exchange for curbs on Iran’s nuclear activities.

CORPORATE SOCIAL RESPONSIBILITY IN ACTION

L-R: Business Operations Manager, OLX, Goodluck Ikporo; Brand Marketing Manager, OLX, Fife Aiyesimoju; Founder of Modupe Cole Memorial Child Care School, Rev Adebayo Adeyemi-Cole and Country Manager, OLX, Lola Masha, during a courtesy visit of OLX management and staff to the school located in Akoka, Yaba, where OLX painted the vocational section of the school...recently

Angolan Lawyers Appeal Ruling on President Naming Daughter Oil CEO Angolan lawyers, who argue that President Jose Eduardo dos Santos’ billionaire daughter was illegally appointed as the chief executive of the state oil company, have applied for their case to be heard in the Constitutional Court. Angola’s Supreme Court on December 27 rejected an application by 12 human rights lawyers to have Isabel dos Santos removed as the head of Sonangol, which handles the oil and gas reserves of Africa’s largest oil exporter. The lawyers, who accused the president of nepotism and violating Angolan probity law, asked the Supreme Court on Tuesday to allow the Constitutional Court to hear an appeal against its ruling. “We have filed an extraordinary appeal at the Supreme Court, who transit the process to the Constitutional Court,” said David Mendes, one of the attorneys. “Nobody should get advantage based on their origin.” Mendes and the 11 other lawyers also argue that the seven months taken by the Supreme Court to come to a decision break guidelines on prompt rulings. However, Jose Carlos, a lawyer not among the 12, thinks it will be difficult to prove any

illegality by the president. “The authors of the appeal would have to be clear and deep to prove the unconstitutionality of the appointment, which would be a surprise and very unlikely to be found,” Carlos said. Ranked as Africa’s richest woman by Forbes magazine, Isabel Dos Santos, 43, was given the job in June, prompting critics to accuse the president of trying to control state resources. Dos Santos, 74, has been in power since 1979 and is one of Africa’s longest serving leaders. He says he will step down in 2018. Watchdog group Transparency International ranked Angola 163 out of 168 countries in its index of perceived corruption in the public sector, and said it had “minimal” budget openness. Isabel dos Santos says she was given the job because of her business acumen, and she has pledged to root out waste and corruption at a company that was struggling to stay afloat even before oil prices plunged. She holds controlling stakes in several companies in Angola and former colonial ruler Portugal, including energy, mobile telecoms and banking sector investments.

Ghana’s New President AkufoAddo Seeks to Cut Taxes Ghana’s new President Nana Akufo-Addo pledged to cut taxes to boost the economy at his swearing in ceremony on Saturday, whilst also promising to protect the public purse by getting value for money on services. Akufo-Addo, 72, defeated incumbent John Dramani Mahama in peaceful elections a month ago, a rare peaceful transfer of power in a region plagued by political crises. The major cocoa and gold exporter is half-way through a three-year aid programme with the International Monetary Fund to fix an economy dogged by high public debt and inflation. It is not clear how the new president will be able to cut taxes and still stick to an IMF austerity plan that was a condition of a $918 million bailout. “We will reduce taxes to recover the momentum of our economy,” said Akufo-Addo, wrapped in a traditional kaleidoscopic “kente” robe. “Ghana is open for business again.” At the venue for the inauguration in Black Star Square, thousands of Ghanaians also draped in traditional kente garments clapped. Outside the perimeters, revellers drummed

and danced. Akufo-Addo suggested government money would be spent wisely. “I shall protect the public purse by insisting on value for money,” he said. “Public service is just that: service, and (is) not be seen as an opportunity for making money.” Ghana expects growth will return to above eight percent in 2017 as new oil and gas fields from Tullow and ENI come on tap. Akufo-Addo served as foreign minister and attorney general in the NPP government that ruled between 2001 and 2009. He twice previously lost close battles for the presidency. He is the son of a former chief justice and non-executive president of Ghana. During his campaign, he had accused the Mahama administration of corruption and incompetence, charges the outgoing president denied. Mahama attended the ceremony. It was also attended by dozens of African leaders and other international dignitaries, including Chadian President Idris Deby, President Ellen Johnson Sirleaf of Liberia and former UN chief Kofi Annan.

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BUSINESSWORLD

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INDUSTRY

Endless Tales of a Hapless Economy Crusoe Osagie writes that with 2016 gone and 2017 finally here, all indicators seem to point towards the fact that the economic recession will last through the year The Nigerian economy is smoldering. Much as the Central Bank of Nigeria (CBN) will have us believe that import substitution policies it has implemented has led to reduced importation and boosted non-oil export earnings, it may not be entirely correct. Apart from rice, for which the CBN anchor borrowers programme is starting to yield some results, with the likes of Lagos State Government and Kebbi state government introducing the amazing LAKE rice to the market during the yuletide, much of the other efforts are still undergoing implementation. Experts know that it takes some effort to find space for commodities in the export market. Many Nigerians wrongly think that the export market is just there waiting for Nigerian goods to come and grab. Rather, the case actually is that the export market is a slugfest. For most commodities and products, to find space in the export market you have to displace existing products or share market with them. Unfortunately, Nigeria’s socio-economic and infrastructural condition makes it extremely challenging for our products to compete well internationally. Power supply is hardly adequate, roads are in a very pitiable state, railway is at a rudimentary stage, municipal water is nowhere to be found, security has to be by self-help, the list is endless. The Manufacturers Association of Nigeria (MAN) has repeatedly stated that goods produced in Nigeria suffer a 30 per cent cost disadvantage compared to similar products made in other countries within the sub-region, let alone those that come from first-world countries such as China, Germany, United Kingdom and the United States, among others. So, to state that Nigeria has significantly enhanced its export earning in a little over a year on the back of some import substitution policies, so much so that it leads to a boost in the country’s foreign reserves is, at best, misleading. Yes, Nigeria’s international trade deficit position may have improved significantly in the past 12 months, but it is not necessarily due to the fact that the country is producing much more than it has produced in the past but more because importation has declined due to the dearth of forex. There has been a severe structural adjustment in the country. Most Nigerians have had to learn to cut down on luxury items or learn to do without them entirely. Furniture, confectioneries, wines and spirits, perfumes, time pieces, mobile phones and vehicles among many others goods of foreign origin have witnessed unprecedented reduction

Yes, Nigeria’s international trade deficit position may have improved significantly in the past 12 months, but it is not necessarily due to the fact that the country is producing much more than it has produced in the past but more because importation has declined due to the dearth of forex

Buhari in patronage. Most of our brothers from the eastern part of the country, who will normally purchase a new vehicle each year to go home for the yuletide celebration, could not afford to do that this time. A large number of them living in Lagos and other parts of the country, could not even fulfill the annual ritual of travelling to the village. This means a lot less gasoline and diesel, which are imported products, were consumed in the past Yuletide. Also, it has been some time since many witnessed chief executives of luxury international brand such as Moet Hennessey, Hublot, Patek Philippe and otherssingling Nigeria out for special visit and commendation for patronage. This used to happen fairly frequently in the past. So, clearly, Nigeria is importing far less, but it is not producing much, which makes the economy stagnant at best. LCCI Comments on Economy Giving his view of the state of the economy, the Director General of the Lagos Chamber of Commerce and Industry (LCCI), Muda Yusuf, said perhaps the major challenge facing the Nigerian economy at this time is the inability to regain the confidence of investors, both local and foreign. According to Yusuf, it is regrettable that the instability and inconsistency in the foreign exchange management policy have been complicating matters. He noted that the economy has a major structural defect of being heavily import dependent which he said cannot be fixed in the short term. He stated therefore, that the shocks arising from the collapse of oil price and the corresponding depreciation in the naira exchange rate were inevitable but added that the policy responses could make a whole lot of difference in the profundity of the impacts of these shocks on the economy and the citizens. “Historically, autonomous supply of foreign exchange had been higher than the CBN supply. But this has virtually dried up because of the collapse of investors’ confidence. Of course, the plunge in crude oil price was a major causal factor. But perhaps the bigger issue is the unstable and inconsistent foreign exchange policy which has continued to create uncertainty in the forex market, thus deepening the liquidity problems. “For an economy that is in fragile mode, and for an economy that is highly exchange rate sensitive, policy actions and pronounce-

DG, LCCI, Muda Yusuf ments that could impact the market should be done with utmost caution and care. This is imperative to avoid unintended consequences which may hurt the economy in very profound ways. Such is the recent suspension of nine banks from the forex market. These are shocks that the economy can ill afford at this time. It is right to penalise banks for proven infractions, but this should done in a way to minimise collateral effects on investors and the larger economy, given the high sensitivity of the economy to developments in the foreign exchange market. This is even more so at a time when the economy is grappling with a major confidence issue in the forex market. There should be more creative and less disruptive ways of imposing such sanctions. Many innocent investors and citizens are already bearing the brunt of this action given the unprecedented hike in naira exchange rate. Ongoing forex transactions in the affected banks have been stalled with serious consequences for investors,” Yusuf said. LCCI identifies another risk A second major policy development that could pose a risk to the stability and transparency of the foreign exchange market is the recent policy on sectoral allocation of foreign exchange. The CBN circular did not indicate any HS Code to properly define what would qualify as raw materials and machineries. The first concern will be that of definition. The result of this will be discretionary interpretation by the banks as what qualifies as raw materials and machineries. The second major concern is the potential crowding out of other sectors in the forex market. Sectors outside the manufacturing sector account for over 85 per cent of the country’s GDP and jobs in the economy. They all have varying import contents in their operations. Therefore, if a minimum of 60 per cent of all forex allocation goes to manufacturing for raw materials and machineries, what happens to other sectors? Currently, petroleum products imports are priority and could take another 25 per cent of foreign exchange. This implies that the rest of the sectors would settle for the balance of 15 per cent. This is clearly not a sustainable framework. It is important to recognise the interdependence of sectors and the integrated nature of the economy. All sectors complement one another for the economy to function properly. This is not to diminish the critical importance of the manufacturing in the economy. But we should realise that other sectors play important

roles as well. Such other sectors include ICT, telecoms, real estate, transportation, aviation, maritime, tourism, hospitality, entertainment, agriculture, distributive trade, health services, education services, broadcasting, print media, solid minerals, engineering and construction etc. There are also very important invisibles that will require foreign exchange. The sustainability of the forex sectoral allocation policy is in doubt. It could only create more confusion in the foreign exchange market. Fiscal policy measures are better suited to address sectoral imbalances than monetary policy. Such policy tools include import tariffs, taxation and other incentives. Above all, there is need to upscale infrastructure investments very urgently. These are the more effective ways to fix the structural problems of the economy than monetary policy. What is key for monetary authorities is to ensure that financial markets are efficient and transparent; and to ensure that there is discipline among players. This is the time to seek quick wins. One of the quick wins is to review current trade policy measures in order to reduce the pressure of cost on investors and citizens. The exchange rate depreciation has an inherent structural correction effects on the economy. It naturally rewards inward looking initiatives and resource based enterprises. It is too much of a shock on the economy to combine high import duty regimes with a weak and rapidly depreciating currency. Conversion of import values at current exchange rates for purposes of computation of import duty and other port charges have escalated costs beyond measure and had paralysed many businesses. The burden of cost and inflation has become unbearable, which is what the economy is experiencing at the moment. The poverty situation has also aggravated. The proposition here is to moderate the inflationary pressures and ease poverty conditions by reviewing import duty regimes and the various trade facilitation issues at the nation’s ports. This could be done without undermining current economic diversification drive. There should be a more effective oversight over the terminal operators and shipping companies to curb unfair charges on imports and exports made possible by the several monopoly structures in the maritime sector. Ensuring a balance between the interests of investors, producers, consumers and the welfare of citizens is a strategic imperative at this time.

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Women Critical to a World Free from Hunger, Poverty, Says FAO Chineme Okafor in Abuja Achieving gender equality and empowering women is not only the right thing to do but is a critical ingredient in the fight against extreme poverty, hunger and malnutrition, Food and Agriculture Organisation (FAO) Director-General José Graziano da Silva has said. Speaking at a high-level event co-organised by FAO, the European Commission and the Slovak Presidency of the Council of the European Union in collaboration with the International Fund for Agricultural Development (IFAD), the World Food Programme (WFP) and UN Women, the FAO DG said: “Women are the backbone of our work in agriculture,” noting that they comprise 45 percent of the agricultural labour force in developing countries, with that figure rising to 60 percent in parts of Africa and Asia. These numbers underscore the importance of ensuring that rural women enjoy a level playing field, according to the FAO boss. “It’s all about opportunity. Evidence shows that when women have opportunities, the yields on their farms increase -- also their incomes. Natural resources are better managed. Nutrition is improved. And livelihoods are more secured,” he said. This is why rural women are key players in the effort

to achieve all of the Sustainable Development Goals - but especially SDG2, freeing the world from hunger and malnutrition - Silva added. Zero Hunger: No way to get it done without women Neven Mimica, European Union Commissioner for International Cooperation and Development, told event participants: “It is often said that if you educate a woman, you educate a whole generation. The same is true when we empower women across the board -not only through access to knowledge, but also to resources, to equal opportunities, and by giving them a voice.” Yet current statistics suggest that the world is falling short on this score, according to Mimica. “We know that agricultural yields would rise by almost a third if women had the same access to resources as men. As a result, there would be up to 150 million fewer hungry people in the world. And we know that children have significantly better prospects for the future when their mothers are healthy, wealthy and educated. Especially during the first 1,000 days of a child’s life,” he said. “If we are serious about putting an end to poverty and hunger once and for all, then we all need to step up our support for rural women. As an investment in families, in our communities, in our wider

societies, and in our planet’s future,” the EU Commissioner argued. In her remarks, Slovak Minister of Agriculture and Rural Development and current President of the Council of the European Union, Gabriela Matecná, said that “the gender gap imposes significant costs on society, in terms of lost agricultural output, food security and economic growth.” Although nearly half the world’s agricultural labour force is female, she noted, women own less than 20 percent of agricultural land. At the same time, 60 percent of

chronically hungry people on the planet are women or girls. However “when women are fully involved, the benefits can be seen immediately: families are healthier and better fed; their income, savings and investment go up. And what is true of families is also true of communities and, in the long run, of whole countries,” Matecná said. Working together toward a common goal Representatives of UN organisations also participated in event, stressing the importance of stamping out gender inequality and empowering women with information,

training, tenure, and fair access to resources and to agricultural, nutrition, and health support services. “When you invest in a man, you invest in an individual. When you invest in a woman, you invest in a community,” noted IFAD President Kanayo Nwanze. “We see time and time again that gender equality opens doors for entire communities to strengthen their food and nutrition security and to improve their social and economic well-being,” he said, adding: “Empowering rural women is indeed empowering humanity.”

“It is only through empowering women farmers that we can unlock the power of global food systems. Supporting them is essential in creating resilience, building stronger businesses, and advancing food security in the long term,” Denise Brown, Director of Emergencies at WFP, told participants. Maria Noel Vaeza, Director of Programs at UN Women, said: “Closing the gender gaps in agriculture can provide multiple development dividends, including gender equality for rural women, food security and poverty reduction, improved climate management

Australia Forecasts Dramatic Drop in iron Ore Prices through 2018 Australia has forecast a dramatic decline in the price of iron ore -- its most valuable export commodity -- over the next two years to well below current market prices. The Department of Industry, Innovation and Science forecasts iron ore to average $51.60 a tonne this year and $46.70 in 2018, compared with current spot prices of around $80, double the price a year ago. The department predicted a price of $44.10 in 2016 The country’s chief forecaster said the price rise is being caused by a temporary lift in Chinese steel production and run ups caused by speculative commodities trading in China that will not last. “The rally reflects a combination of fundamental drivers and speculative trading,” the department said in its latest commodities outlook paper, “However, with the likely moderation of these factors over the outlook period, the iron ore price is still forecast to decline.” The department also dropped its forecast for exports of iron ore by 2 percent to 832.2 million tonnes in fiscal 2016-17 from 851 million previously, though this is still a 5.9 percent rise year-on-year. Australia is the world’s top supplier of iron ore. December iron ore shipments to China from

Australia’s Port Hedland terminal hit a record 37.4 million tonnes in December, boosted as users such as BHP Billiton and Fortescue Metals Group ramped up production. The price of metallurgical coal, one of the bestperforming commodities last year, should rise by 59 percent on a contract basis this year to an average $182.20 a tonne in 2017, according to the department. Contract prices for longterm supply for the March quarter 2017 were settled between Australian metallurgical coal producers and Japanese steel producers, at $285 a tonne. This marked the highest negotiated quarterly contract price in five years. The contract price averaged $114 a tonne in 2016. Australia also lifted its average 2017 thermal coal price forecast to $74 a tonne from $63 previously, citing China’s supply side reform policies and lower output from Indonesia. Thermal coal averaged $62 a tonne in 2016. The forecaster expects Australian crude oil and condensate output to remain steady at around 317,000 barrels per day in fiscal 2016-17. Liquefied natural gas production is forecast to increase to 104.5 billion cubic meters (Bcm) in 2016-17 from 81.2 million Bcm the previous year.

NOW EMPLOYED

L-R: Executive Secretary, Lagos State Employment Trust Fund (LSETF) Mr. Akintunde Oyebode; some of the successful applicants of LSETF, Mrs. Sukurat Modupe Alausa; Mr. Charles Chike Obi and Miss Olayemi Zainab Balogun, during the distribution of Offer Letters to beneficiaries of the N25billion Employment Trust Fund (ETF) pilot scheme in Lagos… recently. KOLAWOLE ALLI

FrieslandCampina WAMCO Contains Factory Fire Outbreak

Iran capitalises on OPEC Oil cut to Sell Millions of Barrels

Crusoe Osagie

Iran has sold more than 13 million barrels of oil that it had long held on tankers at sea, capitalising on an OPEC output cut deal from which it is exempted to regain market share and court new buyers, according to industry sources and data. In the past three months, Tehran has sold almost half the oil it had held in floating storage, which had tied up many of its tankers as it struggled to offload stocks in an oversupplied global market. The amount of Iranian oil held at sea has dropped to 16.4 million barrels, from 29.6 million barrels at the beginning of October, according to Thomson Reuters Oil Flows data. Before that sharp drop, the level had barely changed in 2016; it was 29.7 million barrels at the start of last year, the data showed. Unsold oil is now tying up about 12 to 14 Iranian tankers, out of its fleet of about 60 vessels, compared with around 30 in the summer, according to two tanker-tracking sources. The oil sold in recent months has gone to buyers in Asia

FrieslandCampina WAMCO Nigeria Plc has announced that it witnessed a fire outbreak in the condensed factory at its premises in Ogba Industrial Estate, Ikeja, Lagos State. According to the company’s statement, the fire was promptly put under control by the Lagos State Fire Service supported by FrieslandCampina WAMCO Safety team and corporate neighbours. FrieslandCampina WAMCO also reported that there were casualties recorded in the process as immediate action was taken to safeguard the lives of employees on duty by evacuating them. Only the conveyor area of the condensed factory was affected through a mass conveyor carrying empty cans to the filling room. Corporate Affairs Director, Mrs. Ore Famurewa explained in a statement on Friday that fire outbreak which occurred at around 1:10pm was contained by 1:55pm. The fire was caused by

electrical malfunction in the conveyor section. We commend our employees for showing high commitment and safety leadership in organising themselves during the fire. In all this, FrieslandCampina WAMCO operations were not disrupted by the incident. As always, we ensure the safety and security of our employees as high priority. “We appreciate the Lagos State Fire Service, FCWAMCO Safety Team, the Manufacturers Association of Nigeria fire team and nearby corporate organisations like Guinness Nigeria for their rapid response to curtail the fire outbreak. We thank all our stakeholders for their show of concern,” Famurewa said. The company said as the leading producer of dairy products in Nigeria, it is strongly poised to satisfy its teeming consumers. As a good corporate citizen, the company assures its stakeholders that it shall continue to manufacture at the highest standards to nourish Nigerians with quality dairy nutrition.

including China, India and South Korea and to European countries including Italy and France, according to the sources and data. It was unclear which companies bought the oil. Iran is also looking to use the opportunity to push into new markets in Europe, including Baltic and other central and eastern European countries, said separate oil industry sources, though it was not clear if any oil had been sold there. The state-run National Iranian Oil Company (NIOC) could not be reached for comment. Tanker group NITC, which operates most of the country’s fleet, could also not be reached. Tehran scored a victory when it was exempted from the OPEC deal agreed in November to reduce production by 1.2 million barrels per day for six months, an accord aimed at addressing the global oversupply and bolstering low oil prices. The country successfully argued it should not limit its production which was slowly starting to recover after the lifting of international sanctions in January last year.

T H I S D AY • TUESDAY, JANUARY 10, 2017

PROPERTY & ENVIRONMENT ‘Compel Engineers to Practice in Areas of Core Competence’ To put behind the nation last year’s gory tales of structural defects and building collapse, the Federal Government has been advised to compel engineers in the country to practise only in their areas of core competence. Bennett Oghifo reports

n Nigeria, many people erroneously believe that once they have an engineering qualification and are registered to practise by the Council for the Regulation of Engineering in Nigeria, (COREN), they can dabble into the design and construction supervision of buildings. This is a costly mistake that has led to the rising statistics of needless deaths and financial loss from building failures and eventual collapse, said the President of the Nigerian Institution of Structural Engineers (NIStructE), Engr. OreOluwa Fadayomi. He said unless this mindset was reversed, “structural failures and collapses will continue to remain our problems.” According to him, an audit of all engineering positions in the Federal, States and Local governments should be carried out to put round pegs in round holes. “Engineers in these positions should be firm and resist undue pressure to do anything unethical.” Fadayomi said the client’s team of professionals on a building project would include: the Surveyor, the Planner, Architect, Quantity Surveyor, Civil and Structural Engineer, Geotechnical Engineer, Electrical Engineer, Mechanical Engineer, Builder and Estate Surveyor. He said, “Each one of these is expected to be sound and to be an expert in his right. However, the expert that is particularly responsible for design and construction supervision in order to prevent a collapse is the Structural Engineer, because any error or omission in design by any of the other professionals in the design team would not necessarily cause the building to collapse.” The structural engineer, he said is the most critical factor in the prevention of a building collapse, saying his actions or inactions could prevent a disaster that was waiting to happen. “The Structural Engineer would as a cause of good engineering practice and professional competence ensure that: the sub-soil investigation of the building site was carried out by a Geotechnical engineer in other to guide his foundation design; the building was diligently designed to the recommended codes and that safety, durability, sustainability and economy were top considerations in the design; he monitored the construction and ensured that the materials used were of good quality and to specifications and that the necessary quality control test and other construction records were carried out on the project.” He said, “Building design is a specialised engineering responsibility that is mainly professionally handled by engineers whose area of expertise and specialisation is Structural Engineering.” Fadayomi noted that “the government is the largest employer of engineers in the country but very few of them are structural engineers. “There is a massive engineering work going on in the country with about 1000 qualified structural engineers overseeing them. It is therefore not unusual to find nonstructural engineers performing the role of a structural engineer. Clients’ error... Often times, the client, in haste to start realising returns on his investment, puts undue pressure on the structural engineer and the building contractor, he said. “The construction would be so rushed to the extent that the structural elements would not have fully matured before being heavily loaded or put to use. Some Estate Developers and Banking Institutions are guilty of this behaviour. The building may collapse under this condition.”

Time to stop avoidable deaths

Standards and enforcement... The various states of the federation have different Ministries and Departments or Agencies responsible for setting standards for the design and approval of buildings for construction, as well as setting up agencies to control the construction of buildings, he said. The judiciary and the police, he said are the arms of government to enforce the laws and punish culprits in order to serve as deterrent. “Of the many collapses that have occurred, not many people are known to have been prosecuted to date. We are aware though that the Synagogue case is presently in court.” It was the responsibility of the government, he said, to provide an enabling environment for the adequate training of engineers and allied profession. “These include investing in the universities through research and development (R & D); equipping the Technical Colleges and the Trade Centers and the provision of jobs for the young engineers, technicians and artisans to train and gather the needed experience. “It is therefore imperative that: The existing laws on the practice of engineering should be enforced and the prevention of collapse of buildings strengthened by legislation that allows the practice of structural engineering

only by structural engineers. “The cases of collapse of buildings already investigated should be quickly prosecuted and culprits adequately punished to serve as deterrent to others. “More Trade Centers and Colleges of Technologies should be built as a matter of urgency to train the middle level manpower that is essential in the construction industry. Graduates of these institutions should be well remunerated to prevent migration and extinction as was the case in the past. “Policy makers and the legislators in their quest for rapid development should not lose focus of the need to train Nigerians for the sake of the future of the country. Indeed, this will make the development sustainable. Necessary laws should be enacted to ensure that Nigerians take the lead in all engineering projects of the country and that training clauses are fully embedded in all the contracts.” Role of the public The people with the highest casualties in case of a collapse are the users, he said. “The artisans and unskilled workers in the industry are also casualties if the collapse occurs during construction. They therefore should be more concerned and be the whistle blowers. “Most members of the public belong to one religious body or the other. If everyone

is observant and practices the teachings in their places of worship, fraud and deceit would be abhorred and the tendency to cheat would abate. “It is also in this group that you find unqualified people reveling in appellations of Engr. (professional engineer’s title) this and that. The place of worship therefore needs to verify the claims of such people before entrusting them with their projects.” Members of the public, he said should be made to be aware of the danger in patronising quacks for their building works; the need to consult the professionals when modifying structures, either for other uses or even the same use should be highlighted; and that they must be aware of the signs that are usually seen when buildings are in distress and are about to collapse. He also advised that buildings should be maintained like other durable assets and that users of buildings should cooperate with engineers on inspection duty in the general interest of the public, and not to put undue pressure on their building team. Fadayomi, who said, “No member of our Institution has been involved or indicted in any of the recorded mishaps,” explained that the Nigerian Institution of Structural Engineers admits engineers as a corporate member of the Institution after rigorous test of competence in solving structural engineering problems.

T H I S D AY • TUESDAY, JANUARY 10, 2017

PROPERTY & ENVIRONMENT

FG Vows to Remove Traders under Bridges, Roads Bennett Oghifo The Federal Government has served notices to traders under bridges and vehicle owners who park on major roads to relocate voluntarily or be evicted. Minister of Power, Works and Housing, Mr. Babatunde Fashola, who inspected work on a section of the Third Mainland Bridge in Lagos, recently, vowed to remove traders from under Lagos’ bridges and vehicles parked on right-of-way. “As a people, we must understand the value of these assets; some of the habits that I see under our bridges and on our road setbacks must stop if we must get their full value. “On the Ebute Ero section, in Lagos, for example, a thoroughfare for people that are moving from the Island to the Mainland is constricted by vehicles parked on the road and by those trading. We are going to remove them so that citizens can really enjoy the assets that their money helped to produce. “People cannot do business at the expense of other people, and that place, to the best of my knowledge was not designated and approved under the town planning law as a trade area, and this is part of corruption. You turn public highway to your own private property and disentitle the entire public because you want to make a free gain. “We must see this kind of non-compliant behavior for what they really are. They

are criminal consequences under the Town and Urban Planning Law. I want to appeal to those people to start moving voluntarily in their own best interest; we intend to repossess that road.” He said their abuse of the spaces caused traffic problem, particularly with the rail construction work going on at the outer Marina. That place (Ebute Ero) can be a huge relief if we can make it useable and we intend to do that.” Reclaiming the right-of-way on all roads in the country has been a major preoccupation of the government, and at the last Council on Works, it directed its controller of works in all states to recover the full width of the Federal right-of-way of 45.72 metres on both sides from the centre line. They were directed to remove all obstructions from highways such as speed breaks and develop better solutions such as pedestrian bridges where necessary to eliminate collision between vehicles and pedestrians. They will also recover the full width of the Federal right-of-way of 45.72 metres on both sides from the centre line, remove all obstructions from highways such as speed breakers and develop better solutions such as pedestrian bridges where necessary to eliminate collision between vehicles and pedestrians. Fashola had said that recovering the right-of-way on Federal highways was a matter of utmost priority, and

that although the objective was not to relocate or drive away traders, but that the government was intent on relocating them to the set back of the 45.72m from road centre which constitute the right-of-way. The controllers were also

asked to erect sign boards at the boundaries of villages and towns “so that commuters can know as they travel what village or town they are approaching, entering or leaving as well as the distance.” The Controllers have also

been tasked to restore kilometre sign posts to all federal roads within their states to assist drivers and road users know how much progress they have made on their journey; restore all lane-marking and highway signs on the roads

within the state. They are also to clear federal highways of vegetation overgrowth for safety of commuters and, as much as possible, use local people to do these jobs in order to create some employment opportunities.

Ebonyi State Governor, David Umahi inspecting the cement quality and asphalt being used for the construction of the Onicha-Oshiri Road in Onicha LGA... recently

Ebonyi to Build Technology Village in Uburu Festival Mall Amuwo Odofin NBRRI to Research Use of Celebrates with Orphans CementforRoadConstruction Ebonyi State Government is the Ikenegwu union. to establish technology village in Uburu, Ohaozara Local Government Area. Governor David Umahi said this during the UmunagaIkenegwu Union Day, held at his compound in Uburu. Umahi, who thanked the people of the union for their strong support to his administration, said that the technology village would provide Ebonyi youths who are technically gifted to hone their skills; it would give fillip to his administration’s desire to develop the state in all sectors through technology. He added that with the technology village, the state would become one of the major hubs for inventive activities in the country. The governor assured the people that the on-going reconstruction of the AmasiriOkposi-Uburu road would be completed and asphalted this year while the construction of most of the internal roads in Uburu and adjoining communities would commence soon. Umahi also announced that the construction of water project to serve the entire Uburu and beyond had already started. He affirmed that his administration was poised to establish rice mill and other industries on the piece of land already acquired by

The governor called on the people of Uburu to embark on large scale farming, which he said had become the policy thrust of his administration, adding that mechanized farming would be in vogue in the state. Earlier, the interim President of the UmunagaIkenegwu Union,Chief Mike Agwu Umahi, had explained that the occasion was to thank God and celebrate their son, Governor Umahi, whom he said, God used to enthrone quality leadership in the state. He assured the governor that the people of Umunaga-Ikenegwu were solidly behind him. Chief Umahi said, “You have awarded contracts for road construction in Uburu, including Umunaga. You have also given us street light, motorised boreholes and even started a new water scheme in Uburu. “You have given our people scholarships and empowered some of our women and youths. We cannot enumerate all your efforts in changing our histories and persons”. Many people who spoke, including, Eze Adu 111 of Uburu, Dr. Lazarus Umahi, gave Kudos to the governor for transforming the state. He assured the governor of the total support of the Uburu community.

In the spirit of the season, the management of Festival Mall located in Amuwo Odofin, recently hosted children of Life Changers Orphanage to a day of fun. Renowned for its warm ambience and pleasant shopping experience, the visit was the Mall’s way of putting a smile on the faces of the children from the orphanage home as well as positively engaging and contributing to the growth and development of its host community. The end of the year is a busy period for most shopping Malls because people tend to shop more for merriment, but it is also a season of giving too. It was in this light that the management of Festival Mall decided to partner with Life Changers Orphanage Festac for the visit of select children from the orphanage to the Mall. The Children were treated to so much fun and excitement when they paid a visit to Funtasticaland’s Santa’s grotto, a jolly ride on the Cho-Cho train and an exhilarating movie experience at the Silverbird Cinema’s all of which are situated within the Mall. Commenting on the initiative, Kola Bamigboye, Mall Manager Festival Mall Amuwo Odofin reiterated the Mall’s continued commitment to providing the best shopping

and entertainment experience in Lagos. “Nothing gives us more joy than opening our doors to our valued customers each day and seeing that they leave satisfied. It is the season of goodwill and love and we are more than delighted to have children from the Life Changers Orphanage in our midst to share in the fun and excitement that the Mall offers” he added. Festival Mall located in Amuwo Odofin is a community based shopping and entertainment node in the heart of Lagos. It was conceptualized to create a destination point for Lagos State residents around Festac, Amuwo-Odofin, Mile 2, Ojo Alaba, Orile and Okota to have a delightful experience of fun, shopping and entertainment. It plays host to some of the leading brands in Entertainment, Leisure and Retail which includes; Shoprite, Mr. Biggs, Montaigne Place, Casa Bella, Silverbird Cinemas, Time keepers, Maybrands, Larboni, Sport world, GNC, Mondo, Office Everything, Debonairs Pizza, Etisalat, SumptuousMeals, accessories 2 die 4, Gene Bendi, Audacious, Rhapsody’s, Funtasticaland, Opticka Vision, Montaigne Place, One Centre, Enzo, Tesla, PC Corner, Slot and many more to the delight of shoppers and families.

With only 28,980km out of the 193,200km total length of roads paved, the federal government has directed the Nigerian Building and Road Research Institute (NBRRI), an agency under the Ministry of Science and Technology, to commence research immediately on the use of cement for the construction of Nigerian roads. The Minister of Science and Technology, Dr. Ogbonnaya Onu, who spoke at NBRRI 2016 annual conference in Abuja, said NBRRI will play an important role in ensuring the deployment of appropriate research efforts to strengthen the building and maintenance of roads and the relevant infrastructure that will meet the country’s peculiar demands and needs. On the role of science, technology and innovation in the construction industry, he said: “NBRRI will effectively utilize its mandate of locally available raw materials resulting in diversifying Nigeria’s economy which will further assist in job creation, indigenous capacity building and poverty reduction.” The minister said he was happy that the NBRRI is working to create the suitable curriculum to help the country produce the necessary technical skills needed to finish buildings to the highest level of excellence. He added that NBRRI in the

past made useful investigations on the causes of building collapse either during construction in many cities and towns. Onu, however bemoaned the reliance on foreigners in the construction industry, adding: “It is rather unfortunate that for over 55 years as an independent country. “We have not sufficiently built indigenous capacity to enable us rehabilitate existing infrastructure and also to build major roads, railways, ports, power stations, refineries and many infrastructural projects. “We have rather relied more on foreigners, such that when we built our own federal capital city, Abuja, we did so with the aim of only having befitting a capital without utilizing the opportunity to also build our indigenous capacity.” According to him, this unfortunate state of affairs has limited the capacity of competent indigenous entrepreneurs from competing with their counterparts from other parts of the world. In a remark, the Director General of NBRRI, Prof Danladi Slim Matawal, said the construction industry in the country contributes as low as six percent to the GDP, unlike its counterparts in developed nations which contributes over 22 percent.

T H I S D AY • TUESDAY, JANUARY 10, 2017

PROPERTY NEWS

Refuse Heaps Disappear as Lagos Raises Task Force Owing to the activities of the newly constituted task force “Operation Sight and Abate”, Lagosians have started witnessing the disappearance of heaps of refuse which had dotted parts of the State following the Christmas and New Year celebrations. This was realized on Thursday during the sanitation inspection tour of Egbe-Idimu

and Igando-Ikotun LCDAs by the Commissioner for the Environment, Dr. Babatunde Adejare to access the evacuation efforts of the ministry. The Environment Commissioner, who expressed his satisfaction with the level of the work done by the special task force, stated that he was impressed by the intervention of the Operation

Sight and Abate which had made significant impact in ridding the two LCDAs of refuse heaps in record time. The inspection tour was part of the Ministry of the Environment’s response measures to the recent media reports of heaps of refuse in parts of Lagos especially Egbe-Idimu and Igando-Ikotun LCDAs, sequel to the Yuletide and

New Year celebrations. Earlier, the ministry had promptly constituted the special task force code named Operation Sight and Abate to deal with the situation and engender a system whereby refuse heaps are promptly abated wherever they are found in the State. Adejare, who frowned at indiscriminate refuse disposal

under any guise, reminded Lagosians, especially market women and men who are notorious for illegally dumping refuse on the road, of the Lagos State Government policy on zero tolerance to all environmental infractions. While restating government’s resolve to expeditiously apply regulatory and enforcement measures against

contraventions of government policies and regulations, Adejare enjoined residents to voluntarily comply with the extant State environmental laws. He said the environment, being relevant to all, should be properly maintained if we must attain environmental sustainability and socio -economic wellbeing.

‘Stakeholders Hypocritical about Affordable Housing’ Major stakeholders in the nation’s housing sector that can ensure the availability of affordable housing are not practicing what they preach, Dele Martins, Managing Director of HFP Construction Company, has said. “To be honest the topic of affordable housing is one that has been much talked about in Nigeria but when it comes to implementation is shrouded in extreme hypocrisy by the main stakeholders who can make it happen, whether they are from the private or public sector or indeed the financial sector.” Mr. ‘Dele Martins, Chief Executive Officer, HFP Construction company stated this in a keynote address on provision of affordable housing delivered at the new corporate identity launch of Knightstone Properties Ltd and its ambassador unveiling event in Lagos, recently Martins said, “In my humble opinion the challenges of providing affordable housing in Nigeria are very well known and have been rehearsed over and over again to the extent that I rather doubt there is anything new to add. The challenges highlighted below are therefore not original to me and are listed more by way of reminder of the issues that need to be addressed with sincerity if we are serious about tackling the massive housing deficit we have in Nigeria and in particular the provision of affordable housing. “The latest figures available indicate that Nigeria has an estimated population of 170 million people which is growing by approximately 2.8% per annum (source: World Bank). It is also estimated that there is an 18-million-unit deficit in housing stock and that Nigeria needs to build approximately 700,000 housing units annually if we are to make a noticeable impact on the deficit. Presently, we are barely building a 100,000 housing units annually. “The true scale of the housing deficit challenge can be gleaned from the fact that it is estimated that 108 million Nigerians are ‘homeless’ based on an average family of six people per housing unit. “ Several factors, he said have been adduced by analysts and experts in the real estate and allied sectors for the absence of affordable housing in Nigeria, including: Unfavourable government policies, lack of mortgages for potential buyers and unstable investment environment; Difficulties and lack of transparency associated with acquiring affordable land for the development of affordable housing, as well as, the bureaucracy associated with

obtaining title documents to acquired or transferred land; and Exorbitant cost of consent and other fees associated with the transfer of Land. He said other factors included, unavailability and difficulty of accessing affordable mortgages for the purchase of houses by individuals; bureaucracy and difficulties associated with obtaining building and other regulatory approvals for the construction of affordable housing; the high and escalating cost of building materials and over dependence on imported building materials. Non-alignment of the interests of the various stakeholders particularly the developers, commercial and mortgage banks on the one hand and the intended beneficiaries of affordable housing on the other. The former wants to maximize profit whilst the latter wants housing that is cheap, decent and affordable; Unstable and unfavourable exchange rate policies; Absence of fiscal incentives by Government to make affordable housing development attractive; Lack of provision by Government of the primary infrastructure required to support the development of affordable estates including roads as well as access to water and electricity; and Indiscipline and corruption in the implementation of affordable housing schemes. “I have no doubt that more items can be added to the above list but for present purposes it gives us an idea of what issues need to be tackled,” he said. According to him, the importance of housing to the citizenry is underscored by the fact that it is mentioned immediately after Food on the list of needs of man. “If we are to succeed in our claimed quest for the provision of affordable housing to the citizens of Nigeria and in particular low income earners there is an urgent need for governments at all levels to approach the subject holistically, sincerely and a great deal of commitment. “Governments at all levels need to lead the formulation of a comprehensive policy designed with the input of all stakeholders, and implemented with zeal and vigour at all levels. At the heart of every policy must be the interests of the target beneficiaries of affordable housing. “In essence there is a need to work to a predetermined answer starting from a clear definition of what constitutes affordable housing not only in Nigeria as a whole but in each sub-region or division of Nigeria.

L-R: Lagos State Commissioner for the Environment, Dr. Babatunde Adejare; Permanent Secretary, Adeyemi Saliu; Sole Administrator, IgandoIkotun LCDA, Pastor Ojo Samuel; and Special Adviser to the Governor on the Environment, Mr. Babatunde Hunpe, at the sanitation inspection tour of Egbe Idimu and Igando-Ikotun LCDAs... recently

Luxury Faucet Brand FORTIS Building Collapse is often Launches new Collections Man-made, Avoidable, Say FORTIS, a global leader in glass and steel. When the tap Professionals decorative plumbing, designed and produced in Italy, is the newest luxury brand of faucets recently made available in Canada. With handcrafted construction, the brand-new Uffizi and Abruzzo collections deliver a distinct experience of pure luxury. FORTIS will be at the upcoming Kitchen & Bath Industry Show (KBIS) in Orlando, Florida, USA, from January 10-12. “FORTIS is recognized for its sophisticated and uniquelooking faucets that are sure to make a statement,” says Adam Findlay, Senior Marketing Manager with Spectrum Brands. “The newest additions to the FORTIS brand, the Uffizi and Abruzzo collections, are no exception. The Uffizi was even named after one of the most famous museums in the world, located in the heart of Florence. By taking design inspiration from the world around them, FORTIS is creating some of the most beautiful faucets in the world. They have to be seen to be truly appreciated.” The newest FORTIS products include several options to transform your kitchen or bathroom with the latest design trends. The Uffizi and Abruzzo faucets can be purchased as a single control trough faucet, a vessel trough, widespread trough, or as a wall mounted faucet for added elegance. With one of the most unique faucet designs available today, the Uffizi’s unmistakable look is given to it by its mix of

is turned on, the faucet’s clear glass chamber bubbles and fills with water, flowing over the spout and into the sink. The faucet adds a sense of spectacle to the everyday with its totally new take on faucet design. Not to be outdone, the Abruzzo collection features a modern and more angular design with a unique tapered front and narrow handle making for a completely sleek option – the perfect enhancement to any modern kitchen or bathroom. The Uffizi and Abruzzo collections offer Canadians the opportunity to transform their kitchens and bathrooms with beautiful high-end faucets and a touch of European elegance. The new collections are now available at select showrooms across Canada. FORTIS began in 1954 as a small artisan company with roots in Pogno, Italy, taking design inspiration from the nearby fashion capital of Europe – Milan. Each faucet references the heritage and craftsmanship unique to the FORTIS family and Italian tradition. HHI is a division of Spectrum Brands Holdings, Inc. (NYSE: SPB). Spectrum Brands is a global, diversified consumer products company and a leading supplier of consumer batteries, residential locksets, residential builders’ hardware and faucets, shaving and grooming products, personal care products, small household appliances, specialty pet supplies, lawn and garden and home pest control products, and personal insect repellents.

Fadekemi Ajakaiye Building collapse is often man-made occurrence that can be avoided if we are determined to get rid of the menace. This position was taken by a team of professionals in the nation’s building and construction industry, at a special event organized at Alausa in Lagos, recently. The professionals, who congregated to discuss ‘Building Collapse Challenges and Way Forward’, said “It is disheartening that our precious time is being donated again to cry over spilt milk. Another building has collapsed, greeted by frail nerves, rescue operation, lamentations, noise, promises; and then back to square one, business as usual. The aftermath of building collapse in this milieu is a regular case of ‘medicine after death’.” They said, “Experience has shown that while we are mourning the dead in a collapsed building, the premonition of another calamity waiting to happen preoccupies our minds in the grim reality of on-going substandard construction works in several nooks and crannies of Nigeria, especially Lagos State. “Must we continue with this trend of visiting sites of collapsed buildings to make statements that time would soon be consigned to mere

rhetoric and exhibitionism as words could not be matched with action? The fact that building collapse has become a recurring decimal in this part of the world draws skepticism from promises of government officials at the instance of a collapse.” Thus, they said it was pertinent to draw the attention of Lagos State Governor Akinwunmi Ambode to the “The over 1,000 buildings that failed integrity tests on the Lagos Island and left unattended to for years should be demolished as soon as possible; a systematic approach at conducting extensive integrity tests on buildings across Lagos State should be adopted; The 5-man committee set up to restructure and reorganized LASBCA and LSMTL is skewed as it does not represent the entirety of the 7-built environment professional bodies in Lagos State and the nation in general.” According to them, “What is worth doing at all is worth doing well. In 2008, when the then Lagos State Government set up a Technical Committee that developed the 2010 law on Physical Planning & Building Control, all the seven built environment professional bodies were represented in that committee. It is therefore ironical for, such a great work to be reviewed in any aspect by a deficient or lopsided 5-man committee.”

T H I S D AY • TUESDAY, JANUARY 10, 2017

PROPERTY NEWS

‘Rise in Rental Defaults: As Disposable Income Depletes’ A high rate of rental defaults has been recorded in recent times, operators in the real estate sector have said. The said this would not be unconnected with inflation rate now at about 13 per cent and the overall hike in fuel price and its attendant high cost of goods and loss of jobs including disposable income. The Nigerian Institution of Estate Surveyors & Valuers (NIESV), Lagos branch have also decried the state of the economy and what they called geometric progression in expenditure by the citenzry compared to their take home resulting in several cases of rental defaults and litigation. In a media chat to mark the institutions week in Lagos, the Vice Chairman, NIESV Lagos Branch, Mr. Orimalade Olurogba said 80 per cent of all properties under his care had defaulting tenants who were previously meeting their obligations. He noted that some sectors, including oil and gas that were hitherto known to offer job security had been the worst hit lately. He said: “What is most worrisome about it is that the sectors, which were termed to be secure, such as the oil and gas industry, are now the jobs that are most insecure. A lot of people are being retrenched; the high end or the upper middle class people working in oil companies and who live Victoria Garden City and Lekki Phase 1 and other areas whose rentals are up to N4million and above are struggling. Some are even moving to cheaper accommodation. The

‘ideal and choice tenants’ that most landlords look forward to occupying their properties are currently defaulting because of the uncertainties in the economy”. He noted that the state of the economy is affecting their legitimate streams of income and urged for urgent action by the government. On quackery, Olurogba revealed that the institution has established a body to regulate the practice of agency by training middle cadre professionals on the rudiments of the profession and ethics to bring them up to speed to maintain professionalism. He said they took that line of action to protect the practice of the profession and the public from being duped. Also a past Secretary of the institution, Dotun Bamigbola, collaborating Olurogba position said the institution has imputed standardisation in her practice by training the middle cadre professionals under the umbrella body of Association of Estate Agents of Nigeria in title documentation, agency transaction amongst others. The Publicity Secretary Mr. Moses Emele, in his contribution noted that mass housing remains the only viable way to address the challenges of inadequate shelter. He encouraged both the Federal and State governments to provide an enabling environment for the private sector by facilitating easier access to land. He said: “Government alone cannot provide everything but we expect them to provide

AfDB Approves Africa Renewable Energy Initiative Fadekemi Ajakaiye The Boards of Directors of the African Development Bank (AfDB) have endorsed the proposal by the Bank’s Management to serve as Trustee to administer and manage the resources of Africa Renewable Energy Initiative (AREI), and also to host the AREI Independent Delivery Unit as requested by African Heads of State and Government. The AREI is an Africa-owned and Africa-led initiative of the African Union. It aims at harnessing Africa’s abundant renewable energy resources to help achieve the Sustainable Development Goals, enhanced well-being, and sound economic development by ensuring universal access to sufficient amounts of clean, appropriate and affordable energy; as well as help African countries leapfrog towards renewable energy systems that support their low-carbon development strategies while enhancing economic and energy security. In so doing the Initiative will ensure access to energy while addressing climate change. It is indeed Africa’s bold effort at transitioning to green growth. AREI was launched at COP21 in Paris in December 2015 and is receiving strong international support from

development partners who have committed to mobilizing at least $10 billion cumulatively between 2015 and now to harness Africa’s renewable energy potential and expand energy access across the continent. AREI will have a governance arrangement consisting of a Board of Directors, a Technical Committee, an Independent Delivery Unit and a Trustee who shall serve as the Host of the Independent Delivery Unit. The Bank is grateful to France and Germany who have already committed Euro 6 million and Euro 2 million respectively to supporting the Independent Delivery Unit. The Bank will consequently host AREI as an Open Access Global Fund within the Bank’s Power, Energy, Climate Change and Green Growth Complex. As an Open Access Global Fund, accredited Implementing Agencies operating in Africa will be able to access the Fund. It will be functionally independent from the Trustee’s decision-making structures. The Bank’s New Deal on Energy for Africa is a partnership-driven effort. AREI will be a strong partner in ensuring that Africa achieves universal access to energy and that the share of renewables in Africa’s energy mix is significantly ramped up.

an enabling environment for professionalism to thrive. We appeal to them to them to unbottle the bottle necks on land acquisition, embark on sight and service schemes and generally make land cheaper

for the private sector to thrive”. Earlier, the Chairman, Offiong Sam Ukpong called for local content in the building sector, asking the government to encourage the researches in alternative local building

materials while implementing the researches that has been done in the sector by b several bodies. He decried the importation of all manner of building materials into the country

noting that except the National Assembly pass the Petroleum Industry Bill (PIB) the manufacturing of building materials locally and albeit the quest for mass housing with local substitute might be a mirage.

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

Stakeholders Advise Better Tracking of Biodiversity-Related Development Finance Fadekemi Ajakaiye Stakeholders Advise Better Tracking of Biodiversity-Related Development Finance Stakeholders at the on-going UN Biodiversity Conference in Cancun, Mexico has advised the global community to institute better tracking of biodiversityrelated development finance. Presented by the Organisation for Economic Co-operation and Development (OECD), this workshop, moderated by Gabriela Blatter, Federal Office of Environment, Switzerland, engaged participants in discussing current methods of tracking biodiversity-related financing. Markus Lehmann, Convention on Biological Diversity (CBD) Secretariat, highlighted the challenges faced by parties in meeting the financial mobilization targets, noting that mainstreaming biodiversity into all sectors makes financial reporting difficult, and pointed to the additional challenge on reporting private assistance. In the first session, on approaches to tracking biodiversity-related development finance, Galina Alova, OECD, presented the Development Assistance Committee (DAC) Creditor Reporting System (CRS) used to monitor development finance targeting the three Rio Conventions. She described the Rio Markers, which are used to capture data to track financing of Rio Conventions’-related activities and goals. She reported bilateral biodiversity-related official development assistance (ODA) of US$8.7 billion in 2014-2015, with the top five contributors being Germany, the US, Japan, France and the EU. In a brief discussion, participants noted difficulties in ensuring data consistency due to the qualitative nature of the Rio Marker. Luis Antonio Sánchez

Perales, Ministry of Environment, Peru, spoke about his country’s approach to tracking biodiversity-related expenditure, stressing that “we must know how much goes to salaries and how much goes to trees and birds.” He presented an online platform where data on both public and private expenditure for biodiversity-related finance can be tracked, noting that an average of US$500 million was spent between 2010 and 2014 on waste management, waste water treatment and in situ conservation of potato breeds. Bart Missinne, European Commission (EC), highlighted that the EU’s strategy for “biodiversity-proof” development cooperation must ensure that biodiversity is considered in: strategic environmental assessments, to identify and prevent undesired side effects of development projects on biodiversity, and through mitigation measures from development projects; and sector-wide planning, such as for health and infrastructure projects. He demonstrated how the EU has doubled total biodiversity-related ODA to developing countries by 116% against a baseline of average spending from 2006-2010. Ferdinand Mwapopi, Ministry of Environment and Tourism, Namibia, discussed his country’s experience in tracking national biodiversity expenditure. He cited the use of the UN Development Programme (UNDP) Biodiversity Finance Initiative (BIOFIN) approach for public-private expenditure reviews for biodiversity and costing biodiversity-related projects. He reported progress in disaggregating expenditure data based on sources and activities, noting that biodiversity expenditure was highest in 2010, receiving 2.4% of total government expenditure, and lauded the substantial increase

in Germany’s contribution since 2015. Blatter, on behalf of Eva Mayerhofer, European Investment Bank, spoke on the development of a joint methodology to track biodiversity-related multilateral

development finance for multilateral development banks (MDBs). She reported reduced biodiversity-related funding and called on MDB member countries to channel more funding towards biodiversity.

Africa50 to Develop Solar Power in Nigeria Fadekemi Ajakaiye Africa50, the infrastructure fund for Africa, has signed a joint development agreement (JDA) for an 80 MW (AC) solar photovoltaic independent power project in Nigeria. The project, near Dutse in Jigawa state, will be codeveloped with Scatec Solar, a Norwegian integrated independent solar power producer, and Norfund, the Norwegian Investment Fund for Developing Countries. Africa50 is an infrastructure fund owned by African governments, the African Development Bank and institutional investors. Its mission is to mobilize long term savings from within and outside Africa and private sector funding to promote infrastructure development in Africa. The project includes the construction of a dedicated 132 kV overhead transmission line that will connect the plant to the Dutse substation. The electricity will be sold to NBET, Nigeria’s bulk purchaser of electricity, under a 20-year power purchase agreement. Under the JDA, Africa50, Scatec Solar, and Norfund commit their resources and funding to complete the development phase of the project and prepare it for financial close. Benefiting from excellent

irradiation, the plant will help to alleviate Nigeria’s significant power deficit and diversify the country’s energy mix. This will improve energy security and provide more reliable electricity to businesses and households, contributing to Nigeria’s sustainable economic growth and greenhouse gas emission reduction objectives. “I am pleased that, a mere five months after its first Annual General Meeting, Africa50 is already making its first investment,” said Dr. Akinwumi Adesina, President of the African Development Bank (AfDB) and Chairman of Africa50’s Board of Directors. “This investment fits in squarely with one of the High 5 priorities that I laid out for the AfDB Group – to ‘light up and power Africa.’ I look forward to more Africa50supported projects that will promote Africa’s economic development, as the fund ramps up its infrastructure investments.” Africa50 CEO, Alain Ebobisse added: “Access to reliable energy is one of the most critical needs in Africa, including in Nigeria, where it is a government priority. I look forward to deepening the relationship with the authorities of Nigeria, one of our key shareholder countries, and to supporting more projects in this and other infrastructure sectors.”

TUESDAY JANUARY 10, 2017 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Bashar al-Assad: Everything on Table in Astana Talks

Syrian President Bashar al-Assad has declared that his government is ready to negotiate “on everything” during upcoming talks in Astana, Kazakhstan, brokered by Russia and Turkey. In an interview with French journalists published by state media on Monday, Assad said there were still questions surrounding the talks, including “who will be there from the other side”. “We don’t know yet,” he said. Turkey has suggested the Astana talks could be convened around the last week of January. One of the French politicians, Thierry Mariani, who

is visiting Syria said Assad also declared himself willing to negotiate with rebel groups fighting against his government, excluding “jihadist” organisations. Assad said he was “optimistic” and “ready for reconciliation with them on the condition that they lay down their arms,” Mariani said. And he said the Syrian leader dismissed accusations of war crimes by his forces by saying that no wars were clean. “There were probably mistakes on the part of the government” that Assad said he would “condemn” and “regret”, Mariani said. ‘Tipping point’

Meanwhile, the Syrian leader blamed “terrorists” for occupying the main water source in the capital Damascus, and has vowed that the military will take it back. Assad said his forces were on the road to victory, citing the recapture of the city of Aleppo last month as a “tipping point” in the conflict. “We don’t consider it [retaking Aleppo from the rebels] as a victory. The victory will be when you get rid of all the terrorists,” Assad said in the interview with France Info, LCP and RTL television. “But it’s a tipping point in the course of the war and it is on the way to victory,”

Kim Kardashian West: French Arrests over Paris Robbery

Seventeen people have been arrested by police hunting an armed gang who robbed Kim Kardashian West in Paris in October, reports say. The suspects, said to be mainly in their fifties and known to police, were detained in co-ordinated raids in the Paris region and elsewhere. The American reality TV star was held at gunpoint by men dressed as police officers. They escaped with an estimated €10m (£8.7m; $10.5m) in jewellery. Police said at the time a €4m ring and a jewellery box with pieces worth some €6m were taken. A diamond cross pendant was found the next day in a nearby street, apparently dropped by the gang as they made their getaway by bicycle and on foot. DNA discovery Five men took part in the attack. Three held up the night porter while the other two entered Kardashian West’s luxury apartment, tied her up and locked her in the bathroom. French police said that

traces of DNA had led to the arrests which had been left at the scene on the material used to tie up the TV star as well as the pendant dropped by the gang. The police organised crime brigade (BRB) carried out dawn raids on Monday in the Paris area, in Rouen in the north and in Nice in the south. Those detained ranged in age from 23 to 73, French media said, and investigators now have 96 hours to question them. “One of the DNA samples matched an individual known to police for robbery and criminal offences,” police said. Following the discovery, a team of six BRB detectives tapped the phones of suspects and even tracked a meeting involving a member of the gang and potential buyers of Kardashian West’s jewels. Kardashian West, who is married to the rapper Kanye West, said she feared she was going to be killed at the time. She was left badly shaken but unhurt.

“They’re going to shoot me in the back,” she is heard telling her sisters in a promotional clip for the new season of the US show Keeping Up with the Kardashians. The 36-year-old motherof-two, who became a household name thanks to the reality TV series, was attending Paris Fashion Week at the time of the robbery, along with her mother Kris Jenner and her sister Kendall Jenner. However, there was criticism of the security detail surrounding the star, when it emerged that a bodyguard decided to accompany Kardashian West’s sister to a nightclub rather than keep watch on her. Kanye West was performing at the Meadows Music and Arts Festival in New York when the robbery happened on 3 October. He abruptly ended his set, telling fans: “I’m sorry, family emergency. I have to stop the show.” The robbery came as a high-profile embarrassment for a Paris police force that has seen a string of armed thefts in recent years.

Europe Cold Weather Death Toll Rises More than 20 people are now known to have died as icy temperatures continue to grip much of Europe. Te n p e o p l e d i e d o f c o l d i n Po l a n d o n S u n d a y. T h e b o d i e s o f t h re e m i g ra n t s , t wo Iraqi and one Somali, were found near the Tu r k i s h - B u l g a r i a n b o rd e r. Deaths have been r e p o r t e d i n I t a l y, t h e Czech Republic, Russia and Ukraine. Dozens of flights have been halted. In Tu r k e y, t h e B o s p h o r u s

is closed to shipping after a snowstorm. E v e n G r e e c e ’s i s l a n d s a r e c o v e r e d i n s n o w. In Serbia, all river t ra n s p o r t i s s u s p e n d e d on the Danube. The Medecins Sans Frontieres aid organisation said it was “very concerned about the thousands of vulnerable people across the continent in danger and stuck in undignified conditions”. It said “of particular concern are the 2,000 people living in in-

formal settlements in Belgrade where t e m p e r a t u r e s a r e c u rrently reaching -20C (-4F)”. It added that the majority of them were young people from Afghanistan, Pakistan, Iraq and Syria. In Russia, temperatures in some regions h av e p l u n g e d b e l o w -40C. Normally milder Greece has witnessed temperatures of -15C i n t h e n o r t h , w h e re a n Afghan migrant died of cold last week and roads were closed.

he said in excerpts provided by RTL. It was his first interview with French media since the December 22 recapture of the rebel-held east of Aleppo, which had been under siege for months. Rebel forces, who seized eastern districts of the city in 2012, agreed to withdraw after a month-long army offensive that drove them from more than 90 percent of their former territory. The loss of east Aleppo was the biggest blow to

Syria’s rebel movement in the nearly six-year conflict, which has killed more than 310,000 people. The violence has displaced more than half the country’s population and caused massive destruction. Asked about heavy bombing raids that ravaged the city and claimed large numbers of civilian lives, Assad said, in excerpts provided by France Info: “But you have to liberate, and this is the price sometimes.” He added: “But at the end,

the people are liberated from the terrorists” - Assad’s term for all fighters opposed to his rule. “Of course it’s very painful for us as Syrians to see any part of our country destroyed, or to see any bloodshed anywhere,” he said, adding: “Every war is bad.” The Syrian president asked, “Is it better to leave (civilians) under their (rebels’) supervision, under their oppression, by beheading, by killing?”

Trump Election: Russia ‘Tired’ of US Hacking ‘Witch-hunt’ Russia says US allegations that it ran a hacking campaign to influence the American presidential elections are “reminiscent of a witch-hunt”. Kremlin spokesman Dmitry Peskov told reporters Moscow was tired of the accusations. He said a report released by US intelligence agencies detailing the allegations was groundless. It is the first official reaction from Russia since President-

elect Donald Trump received the report on Friday. The unclassified report contains allegations that Russian President Vladimir Putin had ordered the hacking of Democratic Party emails to damage Donald Trump’s Democrat rival, Hillary Clinton, and influence the election. In his comments on Monday, Mr Peskov said Russia “categorically denied that

Moscow had been involved in any hacking attacks”. “Groun d l e s s a c c u s a tions which are not s u p p o r t e d b y a ny t h i n g are being rehearsed in an amateurish, unprofessional w a y . We d o n ’t know what information they are actually relying on.” The claims amounted to a “witch-hunt”, he added.

T H I S D AY TUESDAY JANUARY 10, 2017

TUESDAY JANUARY 10, 2017 T H I S D AY

T H I S D AY TUESDAY JANUARY 10, 2017

T H I S D AY • u

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, 2017

BUSINESS/MONEYGUIDE

CBN to Meet BDC Operators on Forex Stability The Central Bank of Nigeria (CBN)’s officials will meet bureau de change(BDC) operators today to try to find ways to eliminate the gap between the official and black market dollar rates, the association president told Reuters. The naira lost a third of its official value against the dollar in 2016 after the bank scrapped a peg in a bid to alleviate dollar shortages. On the black market, the naira is worth about 40 percent less than the official rate. It closed at N490 to the dollar on Monday. Finance Minister Kemi Adeosun said last month that the central bank would try to

narrow the gap, which the government said was hurting an already shaky economy, but gave no details. The president of the Association of Bureau de Change of Nigeria (ABCON), Aminu Gwadabe, said the body would meet central bank officials today. “We would like to find ways to resolve the issue of multiplicity of exchange rates and ensure stability in the market,” he said, adding that the aim was to boost liquidity and attract foreign investors. The central bank often consults industry bodies including banking and currency

associations before finalising policy. In the past, retail operators accounted for less than five per cent of total foreign currency trading in Nigeria. But with liquidity low on the official market, and the central bank the main supplier of dollars, the bureaux de change have done more business. Low prices have dried up the oil income that makes up 70 per cent of government revenues and pushed Africa’s largest economy into recession. The naira has traded at around N305 to the dollar on the official interbank market since August.

Marriott International Expands in Africa Marriott International yesterday announced further expansion in Algeria with the opening of its seventh hotel in Algeria, Sheraton Annaba. The company already operates six hotels in Algeria including Constantine Marriott Hotel, Renaissance Tlemcen Hotel, Sheraton Club des Pins, Sheraton Oran, Le Meridien Oran and Four Points by Sheraton Oran amounting to 1580 rooms. According to a statement, with another six hotels under development the company was set to double its footprint in the country. Owned by Société d’Investissement Hôtelière, the imposing and welcoming Sheraton Annaba is conveniently located within easy access from the airport and the city’s most charming attractions. “We are delighted to strengthen

our partnership with Société d’Investissement Hôtelière, as we open our seventh Hotel in Algeria,” President and Managing Director, Middle East and Africa, Marriott International, Alex Kyriakidis said. “The opening of Sheraton Annaba further underlines our commitment to growth and expansion in Algeria, a market which continues to be integral to our overall development strategy throughout Africa.” “Guests can enjoy spectacular sea or city views and an unmatched level of comfort at the Sheraton Annaba. The hotel’s 201 elegantly appointed guestrooms, including 15 Executive Suites and a Presidential Suite, spread over 18 floors, offer a premium Sheraton Signature Sleep Experience.

“With elevated amenities and services, the hotel delivers effortless and personalized services in a seamless and efficient manner. Club rooms and Suites offer exclusive access to the Sheraton Club Lounge, providing with additional tailored services and privileges,” the statement added. Situated on the north eastern coast of Algeria, Annaba is the fourth largest city in the country and the capital of Annaba Province, often referred to as the “Pearl of East Algeria”. It is one of Algeria’s main commercial hubs and also a popular tourist destination known for its beautiful beaches. With a warm and welcoming atmosphere, the Sheraton Annaba is where guests can make the most out of their stay, whether they’re traveling for business or for leisure.

Group Partners Interswitch on Payment Solutions Ingenico Group, a global leader in seamless payment has announced that it has entered into a strategic partnership with Interswitch Nigeria Limited, one of the leading transaction switching and electronic payment processing companies in Nigeria. Since 2002, Interswitch said it had been promoting the seamless circulation of electronic money by building the payments infrastructure and bringing new products and services to millions of customers, both in corporate and consumer segments, spread all over the country. The integration of

Ingenico Group technology with Interswitch’s switching and processing system will allow end-users to benefit from the next generation of payment technology and the smoothest and most secure user experience when initiating electronic transactions. “As Nigeria enters a new era of payment, Ingenico Group and Interswitch are joining forces to better address the market challenges and eliminate the need for cash,” Group Managing Director and CEO at Interswitch, Mitchell Elegbe said. “We formed this partnership with Ingenico Group as they

are a global leader in payments with great track record and a strong knowledge of our market characteristics and constraints. This agreement is a key milestone in our common strategy to better serve the Nigerian people,” he added. “We are pleased to form this strategic partnership with Interswitch Group,” Managing Director for Africa, Rachid Oulad Akdim said. “By combining Ingenico Group’s expertise in payment solutions with Interswitch Group’s vision of the local customers’ needs, we are defining exciting new opportunities for electronic.

Africa Business Forum Holds in Addis Ababa The fifth edition of the Africa Business Forum will be held in Addis Ababa, Ethiopia, on March 1, 2017. This will be the second time the event would hold in Ethiopia, under the Patronage of Sheikh Mohammed Al Amoudi, one of the largest investors in Africa, Forbes ranked billionaire and Ethiopia’s biggest employer. Prior to the conference, the Africa Business Forum’s B2B Investment Meeting will be held on the 25th January 2017 at the Dubai World Trade Center Tower, to welcome potential investors to Africa. Since its creation in 2014, the forum has become one of the most important bi-annual gatherings in Africa and the Middle East. A statement from the organisers stressed that the Africa

Business Forum presents an invaluable opportunity for investors to connect with clients from across industries and from around the world. “An opportunity to maximise market share by building connections with African customers and partners. The conference will host distinguished panelists and speakers, including ambassadors, high government officials, business leaders, investors and CEOs,” it added. Keynote speakers and conference panelists include: Fitsum Arega – Director General of the Ethiopian Investment Commission – Ethiopia Government; Belachew Fikre – Deputy Commissioner – Ethiopian Investment Commission Ethiopia Government; Yohannes Tilahun - Former CEO to General Electric (Ethiopia) and

Adviser to the commissioner at Ethiopian Investment Commission; Zemedeneh Negatu Country Managing Partner for EY (Ernest & Young) Ethiopia, and among “The Top 15 CEOs of Africa to watch in 2015 by the London-based African Business magazine. Others include Johnny Muteba – CEO, Pan African Chamber of Commerce; Craig Bridgman – Former Global Head of Investment Banking for Clarkson Capital Markets, currently Executive Chairman of East Africa Oil Field Services and Founder of Adamantine Energy and who sits on a number of advisory boards; Seyoum Bereded – CEO Consopia Consulting Services and President of the ICT Association of Ethiopia, among others.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

JUNE 2016 Broad Money (M2)

21,684,965.22

-- Narrow Money (M1)

9,125,933.16

---- Currency Outside Banks

1,379,187.93

---- Demand Deposits

7,746,745.22

-- Quasi Money

12,559,032.07

Net Foreign Assets (NFA)

7,105,663.47

Net Domestic Assets(NDA)

14,579,301.76

-- Net Domestic Credit (NDC)

24,318,143.03

---- Credit to Government (Net)

2,893,190.01

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

2,893,190.01

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

-2,111,487.25

---- Credit to Private Sector (CPS)

21,424,953.01

--Other Assets Net

-9,738,841.27

Reserve Money (Base Money)

5,370,199.87

--Currency in Circulation

1,684,725.89

--Banks Reserves

3,685,473.98 • our e

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

13.1030 (Yield % ) • onetar

oli

ate

OPEC DAILY BASKET PRICE AS AT WEDNESDAY 21, DECEMBER 2016 The price of OPEC basket of fourteen crudes stood at $52.25 a barrel on Wednesday, compared with $51.99 the previous day, according to OPEC Secretariat calculations. The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

T H I S D AY • u

ay, january 10, 201

Nigeria’s top 50 stocks based on market fundamentals

9-Jan-17

6-Jan-17

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

169.00

167.00

1.20%

2,879,845,751,445.00

9.20

18.36

5.07

4.73%

3.85

02 Nigerian Breweries Plc

142.00

0.00%

1,125,932,326,096.00

4.03

35.19

3.73

2.54%

6.87

03 Guaranty Trust Bank Plc

24.60

23.54

4.50%

724,007,008,910.40

4.90

5.02

1.80

7.20%

1.47

809.00

0.00%

641,258,907,868.00

8.81

91.81

3.71

3.58%

20.32

15.49

14.77

4.87%

486,331,688,745.14

3.91

3.97

1.02

11.62%

0.70

379.99

0.00%

210,252,385,836.87 -44.58

-8.52

2.71

4.19%

0.53

6.51

6.28

3.66%

188,321,095,317.81

2.59

2.52

0.53

8.45%

0.43

08 Ecobank Transnational Incorporated

10.00

9.85

1.52%

183,495,512,150.00

0.68

14.78

0.31

6.20%

0.29

09 Lafarge Africa Plc

40.00

0.00%

182,196,072,400.00

-9.39

-4.26

0.85

7.50%

0.90

4.91

4.68

4.91%

178,132,474,241.02

1.75

2.81

0.53

12.22%

0.41

11 Presco Plc

40.10

0.00%

159,216,129,504.50

0.03

1,371.42

2.23

3.24%

3.81

12 Stanbic IBTC Holdings Plc

15.00

0.00%

150,000,000,000.00

2.04

7.37

1.07

0.67%

1.27

13 Unilever Nigeria Plc

35.00

0.00%

132,415,368,750.00

0.69

50.57

1.99

0.14%

14.11

14 FBN Holdings Plc

3.65

3.50

4.29%

131,017,818,690.80

0.21

17.59

0.25

4.11%

0.21

15 Guinness Nig Plc

80.00

0.00%

120,471,055,040.00

-3.06

-26.16

1.17

4.00%

3.06

16 Forte Oil Plc.

80.37

80.58

-0.26%

104,680,406,248.11

3.31

24.31

0.68

4.29%

2.42

17 Total Nigeria Plc

300.00

299.00

0.33%

101,856,551,100.00

38.02

7.89

0.38

4.67%

4.47

18 Mobil Oil Nig Plc

265.05

0.00%

95,575,774,193.10

19.32

13.72

1.05

2.72%

5.16

19 7-Up Bottling Comp. Plc

122.55

129.00

-5.00%

78,504,348,985.65

-0.05 -2,683.08

0.84

1.80%

3.54

20 Dangote Sugar Refinery Plc

6.14

5.99

2.50%

73,680,000,000.00

1.03

5.98

0.51

8.14%

1.18

21 International Breweries Plc

18.50

0.00%

60,943,611,680.00

0.02

821.05

2.29

1.35%

5.56

4.55

4.69

-2.99%

54,757,515,967.70

-3.15

-1.44

0.22

16.48%

0.34

23 Julius Berger Nig. Plc

38.58

0.00%

50,925,600,000.00

-2.95

-13.09

0.44

3.89%

2.68

24 Flour Mills Nig. Plc

18.44

18.48

-0.22%

48,390,933,728.28

-1.19

-15.45

0.12

10.85%

0.49

25 Okomu Oil Palm Plc

40.17

0.00%

38,318,564,700.00

4.82

8.33

5.83

0.25%

2.37

0.92

0.89

3.37%

35,623,317,631.00

-0.47

-1.97

0.68

0.00%

0.48

17.00

16.64

2.16%

32,654,694,579.00

3.37

5.04

0.43

5.88%

0.43

28 Fidelity Bank Plc

0.90

0.83

8.43%

26,066,327,122.80

0.39

2.32

0.17

17.78%

0.14

29 FCMB Group Plc

1.28

1.17

9.40%

25,347,469,799.68

0.61

2.09

0.16

7.81%

0.14

33.00

0.00%

23,100,000,000.00

2.28

14.45

3.46

3.48%

13.50

31 National Salt Co. Nig. Plc

8.50

0.00%

22,520,226,213.00

0.85

10.01

1.20

6.47%

3.05

32 Diamond Bank Plc

0.94

0.90

4.44%

21,770,765,629.92

-0.29

-3.20

0.10

0.00%

0.10

33 Custodian And Allied Insurance Plc

3.70

0.00%

21,762,897,521.50

0.76

4.85

0.60

3.78%

0.76

34 Sterling Bank Plc

0.75

0.70

7.14%

21,592,813,594.50

0.29

2.61

0.20

12.00%

0.26

35 Wema Bank Plc

0.51

0.53

-3.77%

19,672,977,701.31

0.06

8.56

0.38

0.00%

0.42

15.75

0.00%

18,835,054,686.00

-2.98

-5.28

0.67

1.90%

2.14

37 Mansard Insurance Plc

1.69

0.00%

17,745,000,000.00

0.28

6.07

0.89

2.96%

0.84

38 Cadbury Nigeria Plc

9.03

9.50

-4.95%

16,960,164,421.20

0.50

18.08

0.60

14.40%

1.66

14.50

0.00%

14,500,000,000.00

5.69

2.55

1.01

0.69%

0.39

40 Continental Reinsurance Plc

1.05

1.00

5.00%

10,891,381,527.60

0.42

2.50

0.49

11.43%

0.58

41 Honeywell Flour Mill Plc

1.29

0.00%

10,229,954,978.82

-0.40

-3.19

0.21

12.40%

0.31

42 Wapic Insurance Plc

0.52

0.51

1.96%

6,959,023,891.04

0.18

2.89

0.89

5.77%

0.42

43 Skye Bank Plc

0.50

0.00%

6,940,150,705.00

-2.93

-0.17

0.04

60.00%

0.07

44 Unity Bank Plc

0.58

0.00%

6,779,816,006.36

-0.10

-5.66

0.10

0.00%

0.08

45 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

0.03

17.71

3.72

0.00%

1.94

46 Cement Co. Of North.Nig. Plc

4.33

0.00%

5,441,414,726.78

0.22

19.78

0.49

2.31%

0.51

47 UACN Property Development Co. Limited

3.00

0.00%

5,156,249,985.00

0.30

10.03

1.22

23.33%

0.14

48 Nigerian Aviation Handling Company Plc

2.59

2.72

-4.78%

4,206,726,562.50

0.15

17.14

0.52

7.72%

0.70

49 AIICO Insurance Plc

0.60

0.62

-3.23%

4,158,122,688.00

0.22

2.69

0.14

8.33%

0.41

50 Fidson Healthcare Plc

1.33

0.00%

1,995,000,000.00

0.24

5.65

0.30

3.76%

0.31

04 Nestle Nigeria Plc 05 Zenith Bank Plc 06 Seplat Petroleum Dev. Co. Ltd 07 Access Bank Plc

10 United Bank for Africa Plc

22 Oando Plc

26 Transnational Corporation Of Nigeria Plc 27 U A C N Plc

30 Cap Plc

36 Glaxo Smithkline Consumer Nig. Plc

39 PZ Cussons Nigeria Plc

TOTAL

8,587,101,317,771.39

TOTAL MARKET CAP

9,145,625,989,225.41

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

93.89%

Table 1 Market Statistics Mkt Indicators

Open 6-Jan-17

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

26,251.39 9.03

26,580.22 9.15

1.25% 1.25%

108.82 8.47

110.29 8.59

1.35% 1.35%

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

Close 9-Jan-17

Change %

Table 3 Top 5 Gainers Stock

Open 6-Jan-17

FCMB Group Plc Fidelity Bank Plc Sterling Bank Plc Continental Reinsurance Plc United Bank for Africa Plc

1.17 0.83 0.70 1.00 4.68

Close 9-Jan-17

Change %

1.28 0.90 0.75 1.05 4.91

9.40% 8.43% 7.14% 5.00% 4.91%

Table 4 Top 5 Losers Stock

Open 6-Jan-17

7-Up Bottling Comp. Plc Cadbury Nigeria Plc Nigerian Aviation Handling Company Plc Wema Bank Plc AIICO Insurance Plc

Close 9-Jan-17

Change %

129.00 9.50 2.72

122.55 -5.00% 9.03 -4.95% 2.59 -4.78%

0.53 0.62

0.51 -3.77% 0.60 -3.23%

Market opens week bullish as Index appreciates by 1.25% Market pulse on the Nigerian Stock Exchange (NSE) today – Wednesday, January 9th, 2017, ended on a positive note compared to the previous closing as market closed green. This was further highlighted by positive performance from the NSE Subsectors: Banking and Insurance (Save Consumer Goods and Oil & Gas). Trading activities increased in volume as 219.03m shares worth of N1.41 billion in 3,423 deals exchanged hands today. This is an increase from the 210.21m shares worth of N1.51 billion in 2,659 deals which exchanged hands on Friday. Topping in volume terms are: Fidelity Bank Plc, Access Bank Plc and United Capital Plc, while Nigerian Breweries Plc and Access Bank Plc ended trading as the most active stocks in value terms. The All Share Index (NSEASI) closed positive with 1.25% (+328.83) increase to close at 26,580.22 from 26,251.39 the previous trading day. Market Capitalization appreciated in tandem to N9.15 trillion from N9.03 trillion of prior trading day. Similarly, the Thisday BGL 50 Index followed suit with an increase of 1.35% to close at 110.29 from 108.82 recorded at the end of the previous trading day, while its market capitalization stood at N8.59 trillion from N8.47 trillion of the previous trading day. A total number of 20 stocks gained on the bourse today while 16 stocks declined, leaving 66 stocks unchanged. FCMB Group Plc re-emerged as the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 9.40% to close at N1.28 per share. It was followed by Fidelity Bank Plc with a gain of 8.43% to close at N0.90 per share. Others on the gainers list include: Sterling Bank Plc, Continental Reinsurance Plc and United Bank for Africa Plc; while on the decliners’ list, 7-Up Bottling Comp. Plc emerge with a loss of 5.00% to close at N122.55 per share. It was followed by Cadbury Nigeria Plc with a loss of 4.95% to close at N9.03 per share. Others on the decliners list include: Nigerian Aviation Handling Company Plc, Wema Bank Plc and AIICO Insurance Plc. REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

T H I S D AY â&#x20AC;˘ u

ay, january

MARKET NEWS

Dangote Cement, Others Lift Stock Market by 1.25% Goddy Egene and Nosa Alekhuogie The Nigerian Stock Exchange (NSE) All-Share Index (ASI) rose 1.25 per cent yesterday as highly capitalised stocks led by Dangote Cement Plc lifted the market. After depreciating for the first three days in 2017, the market had last Friday rebounded. And when trading resumed for the second

week of the year, yesterday, the uptrend was sustained leading to a rise of 1.25 per cent in the NSE ASI to close at 26, 580.22. Similarly, market capitalisation added N113 billion to close aat N9.2 trillion. Specifically, Dangote Cement Plc appreciated by 1.2 per cent, GTBank also gained 4.9 per cent. However, United Capital Plc led the price gainers with 9.6 per cent to close at N3.31

per share, trailed by FCMB Group Plc with 9.4 per cent. Fidelity Bank Plc appreciated by 8.4 per cent, just as Sterling Bank Plc, African Prudential Registrars Plc, and Continental Reinsurance Plc garnered 7.1 per cent, 5.6 per cent and 5.0 per cent respectively. Similarly, United Bank for Africa Plc, Zenith Bank Plc and Omoluabi Savings and Loans Plc added 4.9 per cent,

4.8 per cent and 4.7 per cent in that order. In all, 20 stocks appreciated in value while 17 declined at the end of trading activities. Seven-Up Bottling Company Plc led the price losers with 5.0 per cent to close at N122.55. Ashaka Cement Plc went down by 4.9 per cent. The shares of Ashaka Cement have suffered a bear run recently. Already the company has opted for

voluntary delisting from the NSE. The shareholders of Ashaka Cement Plc last month approved the proposed voluntarily delisting at an Extraordinary General Meeting (EGM) in Abuja. Following the EGM, shareholders of the company will have a 90-day window as specified by NSE rules on voluntary delisting to decide on the exit plan on offer to

shareholders. As proposed by the Board of Directors and passed by shareholders at the EGM, shareholders may exit the company by either trading their shares on the NSE through their nominated stockbroker or receive 57 shares of Lafarge Africa Plc in exchange for 202 Ashaka Cement shares and a cash consideration of N2 per every AshakaCem exchanged.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

T H I S D AY • TUESDAY, JANUARY 10, 2017

MARKET NEWS

Directors of Zenith, GTBank Meet to Recommend Dividend Goddy Egene Directors of Zenith Bank Plc and Guaranty Trust Bank Plc are to hold separate meetings to consider the financials of the banks for the year ended December 31. While the directors of Zenith Bank will meet on January 24, those of GTBank will meet on January 25, 2017. According to filings to the Nigerian Stock Exchange (NSE), both

banks said one the things to consider at the meetings is the recommendation of dividend for the year. Zenith Bank and GTBank are known for robust dividend payout and shareholders are expecting another bountiful harvest. Zenith Bank paid N1.80 per share for 2015, while GTBank paid N1.77 per share. And considering the nine months results of both banks ended September 30, 2016, shareholders

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

are not expecting lower dividends. For instance, Zenith Bank recorded gross earnings of N380.4 billion in 2016, showing an increase of 12.9 per cent from N337.9 billion in the corresponding period of 2015. Net interest income grew by 17.6 per cent from N161.4 billion to N189.8 billion, while impairment charges rose by 124.8 per cent to N9.7 billion to N21.9 billion. However, other income

floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 6-Jan-2017, unless otherwise stated.

soared from N9.7 billion in 2015 to N32 billion in 2016. Hence, Zenith Bank ended the period with profit before tax (PBT) of N121.2 billion, showing an increase of 16.6 per cent above the N104 billion posted in the corresponding period of 2015. Profit after tax (PAT) recorded faster growth of 20.4 per cent to N100 billion, up from N83 billion. On its part, GTBank

Plc recorded gross earnings of N329.284 billion, up by 43.5 per cent compared with N229.4 billion in the corresponding period of 2015. Net interest income rose by 10.5 per cent from N120.13 billion to N132.7 billion, while net fees and commission income grew by 28.2 billion to N37.5 billion, up from N48.13 billion. Net impairment loss on financial assets soared by 570 per cent to N57

billion, from N8.5 billion in 2015. Other income, from fx revaluation gains, jumped up from N6.957 billion to N93.95 billion. PBT improved to N141 billion, up from N92.1 billion, while PAT rose by 59.6 per cent to N119.92 billion, compared from N75.2 billion in 2015 PBT improved to N141 billion, up from N92.1 billion, while PAT rose by 59.6 per cent to N119.92 billion, compared from N75.2 billion in 2015.

Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Afrinvest Equity Fund 127.25 Nigeria International Debt Fund 213.79 ALTERNATIVE CAPITAL PARTNERS LTD Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price ACAP Canary Growth Fund 0.69 AIICO CAPITAL LTD Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price AIICO Money Market Fund ARM INVESTMENT MANAGERS LTD Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name ARM Aggressive Growth Fund ARM Discovery Fund ARM Ethical Fund ARM Money Market Fund AXA MANSARD INVESTMENTS LIMITED Web: www.axamansard.com; Tel: +2341-4488482 Fund Name AXA Mansard Equity Income Fund AXA Mansard Money Market Fund CHAPELHILL DENHAM MANAGEMENT LTD Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Nigeria Global Investment Fund Paramount Equity Fund Women's Investment Fund FBN CAPITAL ASSET MANAGEMENT LTD Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name FBN Fixed Income Fund FBN Heritage Fund FBN Money Market Fund FBN Nigeria Eurobond (USD) Fund - Institutional FBN Nigeria Eurobond (USD) Fund - Retail FBN Nigeria Smart Beta Equity Fund FIRST CITY ASSET MANAGEMENT LTD Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Legacy Equity Fund Legacy Short Maturity (NGN) Fund FSDH ASSET MANAGEMENT LTD Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Coral Growth Fund

100.00

aaml@afrinvest.com Offer Price Yield / T-Rtn 128.25 0.34% 215.64 0.50% info@acapng.com Offer Price Yield / T-Rtn 0.70 -1.44% ammf@aiicocapital.com Offer Price

Yield / T-Rtn

100.00

17.08%

enquiries@arminvestmentcenter.com Bid Price 12.51 290.95 22.57

Offer Price 12.88 299.72 23.25

Yield / T-Rtn 2.63% 4.10% 2.35%

1.00

17.06%

investmentcare@axamansard.com Bid Price 105.58

Offer Price 106.32

Yield / T-Rtn 5.95%

1.00 1.00 15.30% investmentmanagement@chapelhilldenham.com Bid Price 2.15 9.19 83.57

Offer Price Yield / T-Rtn 2.20 5.58% 9.42 -6.76% 85.71 3.03% invest@fbnquest.com

Bid Price 1,088.66 110.68 100.00 $104.94 $104.21

Offer Price 1,089.87 111.41 100.00 $105.19 $104.46

Yield / T-Rtn -0.15% -0.82% 15.07% 0.65% 0.63%

113.56

-0.54%

112.04

fcamhelpdesk@fcmb.com Bid Price 0.92 2.57

Offer Price Yield / T-Rtn 0.93 -1.60% 2.57 0.19% coralfunds@fsdhgroup.com

Bid Price 2,189.46

Offer Price 2,214.18

Coral Income Fund 2,108.26 INVESTMENT ONE FUNDS MANAGEMENT LTD Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Abacus Money Market Fund 1.00 Vantage Guaranteed Income Fund 1.68 Vantage Balanced Fund 1.00

Yield / T-Rtn -0.35%

2,108.26 1.13% enquiries@investment-one.com Offer Price 1.00 1.69 1.00

Yield / T-Rtn 15.78% -0.30% 15.83%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.00 1.02 0.00% Lotus Halal Fixed Income Fund 1,011.42 1,011.42 0.15% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: www.meristemwealth.com ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 9.61 9.69 -0.57% Meristem Money Market Fund 10.00 10.00 14.98% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.05 1.07 6.57% PACAM Fixed Income Fund 10.36 10.53 0.25% PACAM Money Market Fund 10.00 10.00 16.12% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 108.46 109.34 6.52% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.24 1.24 9.86% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 1,836.52 1,846.67 0.29% Stanbic IBTC Bond Fund 154.87 154.87 0.59% Stanbic IBTC Ethical Fund 0.77 0.78 0.65% Stanbic IBTC Guaranteed Investment Fund 187.74 187.74 0.45% Stanbic IBTC Iman Fund 130.58 132.31 0.59% Stanbic IBTC Money Market Fund 100.00 100.00 17.33% Stanbic IBTC Nigerian Equity Fund 7,547.64 7,646.27 -0.40% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.11 1.13 8.56% United Capital Bond Fund 1.22 1.22 15.47% United Capital Equity Fund 0.66 0.68 -1.24% United Capital Money Market Fund 1.00 1.00 13.00% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 9.80 9.97 2.62% Zenith Ethical Fund 11.14 11.25 -2.72% Zenith Income Fund 16.74 16.74 4.37%

REITS

NAV Per Share

Yield / T-Rtn

11.41 123.97

1.01% 0.00%

Bid Price

Offer Price

Yield / T-Rtn

8.61 74.90

8.71 76.28

-1.93% -1.18%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS

Fund Name Lotus Halal Equity Exchange Traded Fund Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697

Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

2.66 6.92 10.98 15.38 126.08

2.70 7.00 11.98 15.58 128.08

-3.21% -1.56% -4.67% -3.55% -2.90%

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

TUESDAY, JANUARY 10, 2017• T H I S D AY

NEWSXTRA

Alleged Gratification: FG to Re-arraign Justice Ademola, Wife on Amended Charge Amended charge to include SAN, Agi Accused judge seeks accelerated trial

Alex Enumah in Abuja The federal government has revealed plans to join a Senior Advocate of Nigeria (SAN), Joe Agi, in the trial of Justice Adeniyi Ademola and his wife, Olabowale, for corruption before a High Court of the Federal Capital Territory (FCT), Abuja. Counsel to the federal government, Segun Jegede, who disclosed this yesterday at the resumption of trial, informed the court that it intends to amend the charges against the couple to include Agi as third defendant in the suit. According to the prosecution, the application is seeking a situation where the defendants could be tried together in one suit. Recall that the prosecution had on December 13, 2016, during hearing of the case sought to withdrew one of the two charges before the court on the grounds that the second charge dated December 1, 2016,

and filed same day was more authoritative with evidences along with it. Also in the charge, the federal government had alleged that the senior advocate had on several occasions offered various sums of money to the first defendant in form of gratification. However, in a brief ruling, the trial judge, Justice Jude Okeke, following the agreement by parties in the matter, adjourned till tomorrow to enable the prosecution re-arraign the defendants. Based on the ruling, Justice Ademola, wife and Agi would consequently be arraigned on an amended charge tomorrow. The judge who had earlier granted Justice Ademola’s application for abridgment of time for accelerated hearing, also fixed January 16 to January 18 for trial to commence. Justice Okeke also urged counsel in the matter to avail them of every situation that would ensure speedy trial of

the matter. Both Onyechi Ikpeazu (SAN) and Robert Clerke (SAN), counsel to the Ademolas, had in their different applications prayed the court for an accelerated hearing of the matter in order to prove the innocence of their clients. The counsel disclosed that they had filed a motion dated December 16, 2016, for the abridgment of time for an accelerated hearing of the case. They argued that this was in pursuant to the provisions of Section 396 of the Administration of Criminal Justice Act 2015. Counsel to the federal government, Jegede, did not

object to the motion. He, however, told the court that he would file an amended charge to bring in a third defendant, Agi. At the last adjourned date, Justice Okeke had fixed January 18 for the commencement of trial of the Ademolas after they were granted bail in the sum of N50million each in self recognition. In considering the application, Justice Okeke stated that the prosecution did not deny the administrative bail granted the defendants. He also observed that the prosecution did not oppose

the application, nor filed a counter-affidavit contravening the averments of the defendants in their applications. The justice further held that by not filing a counter-affidavit, the prosecution has concluded its investigation of the matter. While stating that the offence with which the defendants were charged are bailable, he held that though the requirement for the submission of passports and other travel documents were not required for the administrative bail, the court however cannot over-look it. He therefore, granted them bail in self recognition in the sum

of N50million each and ordered that their international passports and other travel documents be deposited with the court registrar. Ademola and wife, Olabowale, were arraigned by the federal government on an 11-count charge of criminal conspiracy to receive gratification in various ways contrary to section 8(1) (a) of the Independent Corrupt Practices Commission and Other Related Offences Act 2000. Justice Ademola was among the seven justices investigated after the sting operations carried out last October 8 and 9 by the Department of State Services (DSS).

PDP Crisis: We Won’t Go to Supreme Court, Says Sheriff’s Faction

Ojougboh: Our crisis saved Oyegun Onyebuchi Ezigbo in Abuja Ahead of the decisive Court of Appeal judgment, the factional leadership of the Peoples Democratic Party (PDP) led by Senator Ali Modu Sheriff has given an undertaking that it would abide by its verdict and would not appeal against it at the Supreme Court. The faction which has been engaged in lingering legal tussle with the leadership of the National Caretaker Committee (NCC) of the party led by Senator Ahmed Makarfi, said its struggle had made a positive impact on the polity. For instance, it said the resistance put up by Sheriff has helped to save the National Chairman of the ruling All Progressives Congress (APC), Chief John Odigie Oyegun, from being sacked. Addressing a press conference in Abuja yesterday, Sheriff’s deputy and former National Vice Chairman (South-south), Dr. Cairo Ojougboh, said the group had reached an agreement with the organs of the PDP to the effect that all should accept whatever is the outcome of Appeal Court judgment still being awaited. “We agreed with the stakeholders that whatever is the outcome of the Appeal Court, nobody should appeal against it. For us, we will accept it and everybody should accept it. “After the court judgment, all of us will sit down again and discuss. It is obvious that the

Port Harcourt judgment will be the deciding factor. Anybody who will go ahead after the judgment it is up to him. “When asked whether Sheriff and Makarfi entered agreement not to appeal the outcome of the judgment, Ojougboh said the position by group came as a result of consultations with organs of the party and not with the Makarfi. “Prior to the national convention in Port Harcourt, no member of caretaker committee was a member of the party executive. They were brought in through the back door and through the back door they will go,” he said. Ojougboh also said the leadership crisis in the PDP has had positive spiral effect on the ruling APC, where a similar move to remove its chairman had to be shelved due to the likely resistance and negative fall-out it might generated. “We have unmasked the success of multi-party democracy in Nigeria. Hitherto, anybody can wake up and tell the chairman of his party he can go. We want to restore the principle of party supremacy. “ If you also consider the impact of our efforts, especially as it affects the ruling party the APC, if not for the crisis in PDP, by now their chairman would have gone. But because they know they can no longer toy with chairman of the party. “To a large extent, we have been able to return power to the people by trying to fight the impunity in the party,” he said.

SEEKING ENDORSEMENT

L-R: Governor David Umahi of Ebonyi State, former Minister of Information, Onia Nwodo and Umahi’s deputy, Kelechi Igwe, when Nwodo and his team from Enugu visited the governor to solicit the state’s support in his bid for the Ohanaeze Ndigbo’s presidency in Abakaliki ... yesterday

Bi-Courtney: Fashola Has Vindicated Us over Govt’s Penchant to Renege on Agreements The management of Bicourtney Nigeria Limited has said it has been vindicated by the Minister of Power, Works and Housing, Mr Babatunde Raji Fashola, when he acknowledged governments’ failure to honour contracts which impacts negatively on infrastructure development in the country. Fashola made the remarks while fielding questions during an interview with Channels Television yesterday. Bi-Courtney said Fashola’s statement reflected its position, stressing that it is one of the reasons why the private sector is not enthusiastic in partnering the government for massive infrastructural development of the country. The spokesman for Bi-Courtney, Mr. Akeem Alaaya, said he was

pleasantly surprised when he heard the minister saying: “Once you cancel a contract, you are sending a negative investment signal, that you don’t respect contracts.” He explained that Fashola was responding to questions on whether the government was still open to concessions and public private partnership (PPP) as a way of bridging the gap between the infrastructure deficit in the country, considering the fact that government funding is inadequate to carry out the infrastructure transformation of the country. Alaaye quoted the minister as saying that the way successive governments jettisoned contracts in the past had done a great disservice to Nigeria. Bi-Courtney, which is

a pioneer infrastructure company in Nigeria, was awarded a build, operate and transfer (BoT) contract to build the Lagos-Ibadan road but the contract was cancelled by the President Goodluck Jonathan-led administration. The company had insisted that the cancellation was illegal and that the federal government and the Minister of Works, Fashola, needed to respect the law and allow Bi-Courtney complete its contract. Alaaya said he hoped the minister would take the next logical step and hand back the Lagos - Ibadan road to Bi-Courtney which concession was illegally revoked, adding that the money the government was now expending on the road could have been used on other projects would not be able to attract private sector funds.

Responding to Fashola’s comments, the Legal Advisor to Bi-Courtney, Mr. Tola Oshobi, said the infrastructure development of Nigeria has been slowed down tremendously by the government’s inability to understand that it is only through public private partnerships that the country would get the rapid development it deserves. He lauded Fashola’s comment and said if this government would partner concessionaires, it would inspire confidence among investors who are needed to develop the country. Oshobi said while approximately N286 billion was budgeted for roads in this year’s budget, it was estimated that about N1.5 trillion was needed to complete the almost 200 contracted road projects inherited by this government.

TUESDAY, JANUARY 10, 2017• T H I S D AY

NEWSXTRA

Bank Official Reveals Details of Justice Ofili-Ajumogobia’s Transactions

Akinwale Akintunde

An Ikeja High Court was yesterday told of how a huge amount of money was at various times deposited on behalf of an embattled serving judge of the Federal High Court, Justice Rita Ngozi OfiliAjumogobia, in her accounts domiciled in Diamond Bank. An official of the bank, Mr. Ademola Oshodi, disclosed this before Justice Hakeem Oshodi at the resumed trial of Justice Ofili-Ajumogobia and Mr. Godwin Obla (SAN), a prosecutor with the Economic and Financial Crimes Commission (EFCC). The duo were arraigned by EFCC on November 28, 2016, before Justice Oshodi on a 30-count charge bordering on perversion of the course of justice, graft, unlawful enrichment, providing false information to the EFCC and forgery. According to the charge sheet, four of the charges which directly concerned Obla are centred on an alleged N5 million bribe given to the judge by the senior advocate, while the remaining 25 charges are on the huge amounts that passed through the accounts of Ofili-Ajumogobia and her alleged inability to explain her source of wealth. The EFCC alleged that about $793,800 passed through the

judge’s domiciliary accounts between 2012 and 2015. The judge allegedly used the money to buy a house in London. They, however, pleaded not guilty to all the charges and were granted bail on self-recognisance as prayed by their counsel, Mr. Wale Akoni (SAN), for Ofili-Ajumogobia and Mr. Ifedayo Adedipe (SAN) for Obla, despite stiff opposition by the prosecution led by Mr. Rotimi Oyedepo on the grounds that they might interfere with investigation and prosecution witnesses. Oshodi, while being led in evidence by counsel to the EFCC, Oyedepo, told the court that he managed the bank accounts of Justice OfiliAjumogobia, with number 0029928474, 0032091183 and 0036103605 domiciled in the bank. The banker told the court that he regularly visited Justice Ofiili-Ajumogobia’s home and also chambers on the premises of the Federal High Court on Oyinkan Abayomi Drive, Ikoyi, Lagos, where Ofili-Ajumogobia is a judge, to collect huge cash sums mostly in dollars to be deposited in the judge’s account. The witness said whenever the money was above the lawful threshold that could be deposited in the judge’s

Court Restrains Ayade from Constituting Caretaker Committees for LGAs Bassey Inyang in alabar The High Court of Cross River State presided over by the state Chief Judge, Justice Okoi Itam, yesterday granted an interim injunction restraining Governor Ben Ayade from appointing Caretaker Committees to run the affairs of local government councils. The court also restrained the 17 Heads of Local Government Administration (HOLGAs) from performing the functions meant for democratically-elected chairmen in the affected councils, except Bakassi where the elected council officials are still in office. The court order was sequel to a motion ex-parte with suit number HC/17/2017 filed by

the state chapter of the All Progressives Congress (APC) and 15 others against Ayade, who recently directed that the elected chairmen whose tenure expired on December 15,2016 should handover to their HOLGAs. After hearing arguments by the counsel to the claimants, Mr. Utum Eteng, on the interpretation of section 7 (1) of the 1999 Constitution, Justice Itam, granted the restraining orders. At the end of the tenure of local government administrations, the governor had directed all chairmen of councils except Bakassi Local Government Area, to hand over to HOLGAs in their respective local governments. The judge, however, adjourned hearing for one week.

Buhari Approves Appointment of Bassey, Ja’afar as Commissioners of Immigration, Others Board President Muhammadu Buhari, has approved the appointment of Major-General Emmanuel Bassey (rtd) and Mr. Ado Abdullahi Ja’afar as Commissioners of the Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB). In a statement made available to the media yesterday by the

acting Permanent Secretary, Ministry of Interior, Mr. Muhammadu Maccido, said until their appointments, Bassey was a retired MajorGeneral in the Nigerian Army, while Ja’afar was a retired Assistant Controller-General of Immigration. Their appointments, he said take immediate effect.

account, he would split the money into two, deposit a portion into Justice OfiliAjumogobia’s account and the remaining portion in his own personal account. The banker explained that he would subsequently transfer the money from his personal account to the judge’s account. “I used to meet the judge in her chambers and sometimes in her home, where I’d receive the foreign currency, which was US dollars to deposit into her bank account. “I introduced one Abba Said, a Bureau de Change operative to her when there was a need to change the dollars to naira.

“There were instances where the deposits exceeded the maximum amount for an individual account, when such instances occured, I paid the maximum amount into her account. “I would then deposit the remaining cash into my account which was paid into her account in subsequent days,” Oshodi told the court. Explaining further one of the judge’s accounts with the bank, which is her corporate account with the number 0036103605 with the Nigel & Colive, the banker said the requirements for opening such accounts includes filling of a Corporate Account form and submission and verification

necessary documents of the company with the Corporate Affairs Commission (CAC). According to Oshodi, all the account opening requirements were satisfied by the judge except for the address given as the company’s location, 18, Lai Bende St, Fajuyi Estate, which turned out to be an uncompleted building owned by the judge. The witness said the location of the company being a building under construction could have stalled the corporate account opening but the bank went ahead to open the account based on the fact that the judge is a good customer of the bank and the fact that

the uncompleted building is owned by the judge. “Before opening the corporate account for Justice Ofili-Ajumogobia, she filled a corporate account opening form and submitted the company’s documents which was verified from Corporate Affairs Commission (CAC). “We also did a physical visitation to the company’s address given as 18, Lai Bende St, Fajuyi Estate and found that the building was still under construction but because Justice Ajumogobia is our customer and we knew that the property belong to her, we proceeded to open the count,” the witness stated.

FARE THE WELL MOTHER

R-L: Former Anambra State Governor, Peter Obi; Archbishop Valerie Okeke; Bishop Hilary Okeke; Mr. Oseloka Obaze; and wife, Ofunne, after the requiem mass for Mrs. Veronica Odukwe, mother of Fr. Theophilus Odukwe at St Joseph Catholic Church, Egbema, Ozubulu,... yesterday.

CAN: FG’s Statement on Southern Kaduna Killings is Rhetoric, Unsatisfactory James Sowole in A ure John Shiklam in aduna and Laleye Dipo in inna The Christian Association of Nigeria (CAN) had described the statement of President Muhammadu Buhari on the massacre of mainly Christians in the Southern Kaduna by herdsmen as mere rhetoric that cannot solve the problem. The president had last week, after many complaints on the silence of the federal government on the killings of over 1,000 persons in the Southern Kaduna, Kaduna State, directed security agencies to put an end to the incident. But speaking with journalists late last Sunday after the end of the prayer session on the fasting and mourning over the massacre, the Ondo State Chairman of CAN, Reverend John Ayo Oladapo, said there was nothing new in the president’s directive. In a latest development on the killings, the Council of Imams and Ulamas, an umbrella body for Muslim clerics in Kaduna State, yesterday called for the arrest and prosecution of

the President of the Christian Association of Nigeria (CAN), Dr. Samson Olasopu Ayojunle; the Senator representing Southern Kaduna senatorial zone, Senator Danjuma Laah, a House of Representative member from the Southern Kaduna, Hon. Sunday Marshal Katung, and Dr. John Danfulani for allegedly instigating the crisis in Southern Kaduna. Addressing a press conference in Kaduna, Chairman of the Islamic clerics, Sheikh Abubakar Babantune, maintained that the inflammatory statements alleged made by the CAN president and others instigated the crisis, even though it is widely believed that the crisis in the Southern Kaduna was caused by the mindless killings and destruction of property by armed men believed to be Fulani herdsmen. Babantune also accused the Secretary General of CAN, Rev. Musa Asake, and the leadership of the Southern Kaduna Peoples Union (SOKAPU) for the crisis, adding that they will support any legal step by the federal and the state governments to deal with any individual or group of persons with the intention of causing further disturbances

or breach of peace in the state. “In the last one year or so, Kaduna State has not been in peace resulting from the activities of some mischief makers and the reckless utterances of southern Kaduna political and religious leaders,” Babantune stated. However, the Ondo State Chairman of CAN said: “The situation on ground on the activities of criminals under the disguise of herdsmen has gone beyond mere issuing of directive which came after many days after the incident.” Meanwhile, the Niger State chapter of CAN has joined in the call on the federal government’s “to as a matter of urgency, stop the wanton killings in Southern Kaduna” saying: “Prayers cannot be answered if innocent blood is being shed across the country.” The state Chairman of the association, Pastor Mathias Echioda, made the call last Sunday evening at the end of one week of prayers by all Christians for the peace, progress and development of the country at the St Peters Cathedral Minna. The association asked the President Buhari-led government “to improve in

the area of security because innocent lives are being lost across the country daily.” Echioda who made the call also said if government could send security men to maintain peace in other parts of the world, it should also ensure the security of lives and property of Nigerians. According to him “We are praying for the government to act fast on our brethren who have been kidnapped, adopted, savagely maimed and killed by the insurgence in ravaged States, most recently the southern Kaduna Christians.” In the interim, and as a way of controlling the activities of herdsmen, Ondo State CAN leader, Oladapo, however suggested that state governments should emulate the Ekiti State Governor, Dr. Ayodele Fayose, who caused the state House of Assembly to make law to control grazing of animals in the state. The CAN Chairman said rearing of animals is a business, and people whose farmlands and crops are destroyed are also out to make a living from their farms, therefore, one business should not disturb the other.

TUESDAY, JANUARY 10, 2017• T H I S D AY

NEWSXTRA

Buhari, Atiku, Mark, Ekweremadu Mourn Kure Ibeto, Bago leave for Germany to convey his remains Tobi Soniyi in Abuja and Laleye Dipo in Minna President Muhammadu Buhari yesterday extended his heartfelt condolences to the government and people of Niger State on the passage of their former governor, Alhaji Abdulkadir Kure. Also, former Vice President, Alhaji Atiku Abubakar, the Deputy Senate President, Senator Ike Ekweremadu and former Senate President, Senator David Mark expressed deep sadness over Kure’s death. The leaders mourned the passage of the former governor in separate statements yesterday, describing Kure, a two-term governor, as selfless and peace-loving politician during his lifetime. In a statement by his Special Adviser on Media and Publicity, Mr. Femi Adesina, Buhari sympathised with Kure’ wife, Sen. Zaynab Kure, children, family members and the Nupe people on his passage. . The president acknowledged that the former governor was a great promoter of peaceful co-existence, development and the unity of the Nigerian state throughout his life. He added that Kure’s unselfish dedication to the progress of Niger State during his tenure as the governor and after symbolised his selfless services to his community even after leaving office. Also in a statement his media office issued yesterday, Atiku said Kure’s passage robbed Nigerian democracy one of its finest, decent and peace loving politicians of

our time. The former vice president explained that it was impossible “to encounter Kure without respecting and admiring him ever more for his humility, gentleness, patience and peace loving nature. “Kure looked at power as an opportunity to serve his people without keeping a ledger of ill will towards anybody, whether you supported him or not,” Atiku noted. He said Kure’s exemplary life was good evidence that there “are gentlemen in politics, despite the widespread negative perceptions of politicians in the country.” Also, Mark lamented the demise of the former governor, whom he described as an accomplished public servant and quintessential politician, noting that his death at this time was a devastating blow to the political class especially the PDP family Mark said Kure was a vibrant and dynamic governor of Niger State in his days who embarked on aggressive transformation of the state, recalling his acquaintance with Kure which dates back to early 1980s when he was a military governor of old Niger state. Mark said: “Kure was one of the brilliant and forthright politicians I have ever met. He was soft spoken but frank and honest. He called a spade its rightful name. He was truthful and trustworthy. “Even during serious political upheavals, he always stood firm and fearless. He left nobody in doubt about his position on critical national issues. We shall

APC to Review Publicity Strategy Onyebuchi Ezigbo in Abuja

is required, pointing out that the way some spokespersons have The All Progressives Congress responded to issues does not (APC) has said it would take augur well for the growth of steps to re-orientate and refocus democracy in the country. “Well, l mean it’s very its publicity organs to reflect the party’s status as the ruling party. important because we at every Speaking in an interactive seriously our position as a ruling session with journalists covering party and like l have repeatedly the APC national headquarters said, if you speak for a ruling in Abuja, the National Publicity party, there is a way you need to Secretary, Mr. Bolaji Abdullahi, speak. You need to speak with said the party was in the higher level of responsibility and process of organising a national awareness of the implications of workshop to re-orientate its what you are saying. The party spokesman said one officers in the publicity machinery of the things the party intends to nationwide. According to Abdullahi who do this year is to bring together its is a former Minister of Youth spokespersons across the country and Sports, the new strategy to as there was the need to reshape be adopted by the party will do the way they respond to issues. “So, l think there are ways that away with certain elements and approach to issues that are usually we have spoken to people in the associated with opposition party past that was not necessarily the which no longer tally with the right way that a ruling party current disposition of APC as should be speak to people and that is why l said one of a ruling party. To this effect, he said the party the things that we are going would hold workshop for all its to do in this year is to bring spokes persons across the country together all spokespersons of to draw up a template on how the party across the country to respond to issues as the ruling and brainstorm on the need for us to change the language party in the country. Abdullahi said for a ruling of our conversations and the party, some high level of way for us to inflate our profile responsibility and comportment as a ruling party.

miss this gentleman. We shall miss this patriot. Ekweremadu extolled the deceased as a patriot and true party man, describing his passage as a heavy loss to the government and people of Niger State, the Peoples Democratic Party (PDP), and Nigeria as a whole. Already, former Niger State Deputy Governor, Alhaji Ahmed Musa Ibeto and a lawmaker representing Minna Federal Constituency, Hon. Umaru Bago have left Nigeria for Germany to convey Kure’s remains back home. Kure’s former Chief Press Secretary, Alhaji Mahmud Abdullahi told journalists at

the residence of the deceased in Minna yesterday that Ibeto and Bago had travelled to Germany to bring back his remains. Since Sunday when Kure’s passage was announced, hundreds of dignitaries including former political associates of the deceased have been trooping to his residence to sympathise with the family. Among those who visited were former Head of State General Abdulsalami Abubakar, Governor Alhaji Abubakar Sani Bello, son of Military President, Mohammed Babangida, Niger State PDP Chairman Alhaji Tanko Beji and former Deputy Governor to the deceased, Dr. Shem Zagbayi Nuhu.

The immediate past Governor of the state, Dr. Muazu Babangida Aliyu in a condolence described the deceased as a humane and trustworthy person who took the interest of his people above all others. Also, former Governor of Delta State, Chief James Onanefe Ibori, has described Kure as an uncommon nationalist who though was the Governor of Niger State, was always concerned about the entire nation whenever the 1999 to 2007 set of governors gathered to deliberate over any issue. In a statement from Ibori’s Media Assistant, Tony Eluemunor, the former

governor said Kure was warm and personable, and used his friendly disposition to build bridges across the country. “Kure raised every discussion to a lofty height and made sure that even as we represented our states’ interests, we did not forget that the ultimate interest is Nigeria’s. He was dependable, courageous, and trustworthy,” he said. Ibori described Kure as a comrade in some of the battles that raged in their time for the soul of the nation. He prayed that the Almighty God will grant Kure’s soul an eternal rest and grant his wife and children the fortitude to bear this irreparable loss.

DEMOCRACY DIVIDEND

L-R: Former National President, Nigerian Bar Association, Chief Onueze Okocha; Rivers State Deputy Governor, Ipalibo Harry Banigo; Governor Nyesom Ezenwo Wike; former Acting National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus; and Commissioner for Works, Mr. Bathuel Iheanyichukwu, during the inauguration of Rumunduru-Eneka Link Road in Obio/Akpor LGA .... yesterday

Ambode Signs N812.998bn Budget into Law Gov delivering on his promises, says speaker

Lagos State Governor, Mr. Akinwunmi Ambode yesterday signed the N812.998billion 2017 Appropriation Bill into law, with a promise that it would be judiciously implemented to consolidate on the modest milestones recorded in the last 18 months and propel the state to a path of prosperity. The governor, who spoke at a brief but impressive ceremony, held at the Lagos House, Ikeja, said the 2017 budget, christened, “Golden Jubilee Budget” was his administration’s contract with Lagosians to continue to build an all-inclusive economy throughout the year. The governor thanked the Speaker and members of the House of Assembly for their forthrightness and speedy consideration and approval of the appropriation bill, which he presented to the House on November 29, 2016 and was passed to law on January 3, 2017. He said the N812.998billion budget is in line with the

state development plan 2012-2025, the Medium Term Expenditure Framework for 2017-2019, based on the state’s four pillars of development plan which include: infrastructure development, economic development, social development and security as well as sustainable environment. Ambode, while promising that his administration would immediately hit the ground running to implement the budget, expressed optimism that the national economy would begin a path of recovery this year. “We are encouraged by the budget performance of last year (2016) which stood at 78 per cent. Our total capital expenditure in 2017 will be N507.816billion while recurrent expenditure is estimated at N305.182 billion. “Our government is committed to prudent financial management and equitable allocation of resources for the general good and will

ensure proper fiscal discipline in the implementation of this Appropriation law,” the governor said. While alluding to the fact that obligations and duties of citizens like tax payments have become noticeably better, self-induced and encouraging, Ambode sought the cooperation and understanding of all taxpayers to successfully implement the budget, saying that government would continue to strive harder to improve service-delivery in all sectors. “We encourage all tax payers to continue in this spirit and also take advantage of available multi-pay channels in fulfilling their civic obligations. Do not pay to touts or illegal channels. Make sure your tax payments count. We are doing everything to eliminate poor services to you,” he said. In his goodwill message, Speaker of the Lagos State House of Assembly, Hon. Mudashiru Obasa, said the judicious implementation

of the 2016 budget by the governor against all odds, has gone a long way to confirm his financial expertise. The Speaker, who was represented at the event by the Chairman, House Committee on Appropriation, Hon. Rotimi Olowo, said many laudable projects including the construction of 114 roads across all the local governments in the state within a year was a first in the history of Nigeria. “That means by 2023, just in eight years, he would have done over 1,000 roads in addition to what the Ministry of Works and Public Works Corporation is doing. “Another area that is unbeatable is the ‘Light up Lagos’, which no doubt increases the economy of our mothers and fathers. That is in tandem with article of faith as entrenched in the 1999 Constitution, which summarily explains that the governor is determined and committed,” the Speaker said.

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TUESDAY, JANUARY 10, 2017• T H I S D AY

NEWSXTRA

IPOB: Consent of FG Not Needed for Biafrexit Referendum

Emmanuel Ugwu in mua ia

The Indigenous People of Biafra (IPOB) has assured that it would press ahead with a referendum that would determine the exit of Biafra (Biafrexit) from the entity called Nigeria, saying that the consent of the federal government was not needed.

IPOB, which has been in the vanguard of restoration of Biafra launched the Biafrexit campaign last June but no date has been fixed for the much expected referendum while the federal government has continued to insist that Nigeria’s indivisibility remains sacrosanct. The assurance given on Biafra

referendum was contained in a stolen sovereignty, do hereby Without being specific on populated by humans like we statement signed by the IPOB state that we do not require the when the referendum would Biafrans can exercise this right, head of media and publicity, permission of the Nigerian State take place, the IPOB media head so can we”. Emma Powerful, in which he or her government officials to was emphatic that it would Citing instances of how some insisted that the referendum grant us our natural freedoms,” surely hold, “we are advising countries have emerged through would still go ahead, adding he said. Biafrans both at home and in referendum, Powerful said that that it has become expedient According to him, the organs the Diaspora to be prepared for “the right to self determination “to let Biafrans and the entire of the region are the people the forth coming referendum to is always implemented world know that we want go”. designated to call a referendum decide whether we want to be through a referendum with the “IPOB family members for independence of Biafra and an independent sovereign entity participation of all residents in worldwide are working tirelessly will have partners, not the away from Nigeria or not”. the land”. to restore our long lost freedom Nigerian government, but the To clear doubts on the “This path has also been and political independence from United Nations (U.N), who will possibility of Biafrexit (followed) recently by South the Luggardian creation, Nigeria, have the mandate to monitor referendum, Powerful stated Sudan, Greenland, Kosovo, without bloodshed,” he said. the referendum processes and that “Biafrans must be aware Albania, East Timor, Bosnia Explaining why the consent ensure that it complied with that we as a people have the Herzegovina, Montenegro, of the Nigeria government was international best practices. right under international law among others. not necessary for referendum Powerful therefore called to decide our fate through a In all these newly created on Biafrexit to hold, the IPOB on all “civilised nations of the referendum the same Britain countries, their citizens head of media and publicity said world and the rest of humanity exercised their right to leave voted in a referendum with He urged the senators to treat that the planned referendum to support the quest for Biafra the European Union without international monitoring the appointment with dispatch. was in line with internally self determination”, adding, the permission of the European bodies, which ensured the The letter read: “Section recognised human rights of “We invite the international Parliament or European Council. validity of the votes cast. The 86(1) of 1999 Constitution self determination. community, men and women of “Scotland has also exercised same referendum can also be “We Biafrans, in pursuit our goodwill to come and monitor this right to self determination conducted in Biafraland and of the Federal Republic of Nigeria, as amended, states inalienable, irreducible and this peaceful referendum in and so have the Quebec region monitored by the international that the Auditor-General for the God given right to restore our Biafraland”. in Canada. If these nations observers,” he said. Federation shall be appointed by the president on the recommendation of the Federal Civil Service Commission subject to confirmation by the Senate. “In line with this constitutional requirement, the Federal Civil Service Commission has recommended Ayine for appointment as the AuditorGeneral for the Federation. The curriculum vitae of Ayine is herewith attached. “I have accepted this recommendation and hereby present the nomination of Ayine for confirmation by the Senate. While hoping that this request will receive the usual expeditious consideration of the distinguished senators, please accept, Mr. Senate President, the assurances of my highest regards.” According to the Order Paper, the Senate will also consider the screening of members of the National Electricity Regulation Commission (NERC) while it will continue with the clause- L-R: Former Governor of Ogun State, Chief Gbenga Daniel; his wife, Olufunke; and former Minister of State for Defence, Senator Musiliu by-clause consideration of Obanikoro, during the annual thanksgiving and memorial service of the Abraham’s Terbanacle inSagamu....Sunday amendment to Electoral Act on Thursday.

Senate May Confirm New Auditor-General Tomorrow Omololu Ogunmade in Abuja The Senate will tomorrow consider the report of its Committee on Public Accounts on the screening of the Auditor-General of the Federation-designate, Anthony Mkpe Ayine. If the report of the screening is favourable to Ayine and receives the support of the simple majority of members, the nominee will be confirmed. Baring any last minute change of items listed on Senate Order for this week, the committee will lay the report of the screening before the Senate today while the report would be considered tomorrow. President Muhammadu Buhari had in December 2016, six months after the former Auditor-General of the Federation, Sam Ukura, bowed out of service, sent the name of Anthony Mkpe Ayine to the Senate for confirmation. Ukura had on June 5, 2016, proceeded on terminal leave in accordance with civil service procedure. Buhari, in a letter addressed to Senate President Bukola Saraki and read on the floor of the Senate, said Ayine’s appointment was in compliance with Section 86(1) of 1999 Constitution (as amended).

WHEN FRIENDS THANK GOD

Ajaokuta Steel Company Gets N4.3bn for Revival The federal government has allocated over N4 billion for the resuscitation of the Ajaokuta Steel Company. The allocation, according to the News Agency of Nigeria (NAN), is contained in the 2017 appropriation budget which was presented to the National Assembly in December by President Muhammadu Buhari. According to the breakdown, a total sum of N4,272,797,371 was appropriated, higher than the N3.9 billion budgeted for 2016. Minister of Mines and Steel Development, Dr. Fayemi Kayode, had reiterated the commitment of the federal government to settle all litigations between it and Global Steel Holdings Limited, as regards the steel company. The company is Nigeria’s leading steel plant, and was intended to be the leading supplier of quality steel products in all the major economic sectors including construction, packaging and wire drawing/nail making

industry. Since its inauguration in 1983, however, the plant had been embroiled in managerial inaptitude, controversy ranging from allegations of obsolete machines and outdated blast furnace model. Despite its initial completion, the plant had suffered years of neglect under successive administrations. According to the ministry’s budget, the Nigerian Geological Survey Agency (NGSA) got N3.8 billion, chiefly for the generation of geological data which hadn’t been updated recently. The National Metallurgical Development Centre, Jos, got N821 million, the Metallurgical Training Institute, Onitsha got N722 million, while the Nigerian Institute of Mining and Geosciences was allocated N472 million. About N99 million was earmarked for Artisanal Mines and Registration Mineral Buying Centres.

BBOG Wants Better Treatment of Persons Displaced by Boko Haram

Kasim Sumaina in Abuja As the BringBackOurGirls movement marked the second day of its Global Week of Action to commemorate #Day1000 of the abduction of the Chibok girls on April 14, 2014, the group has said wherever the girls are themselves, they remained internally displaced persons (IDPs). BBOG in a statement jointly signed by its leaders, Oby Ezekwesili and Aisha Yesufu, described the condition of IDPs in Nigeria as a humanitarian tragedy of immense proportion which had been confirmed by several agencies. According to the statement made available to the media yesterday in Abuja, “Today is the second day of our Global Week of Action to mark #Day1000 of the abduction of our Chibok girls in their school on April 14, 2014. Today is Day 1,001 of their abduction. “Our Chibok girls are themselves IDPs wherever they

may be. The condition of IDPs in the Nigeria is a humanitarian tragedy of immense proportion as confirmed by several agencies. The statement read: “For instance, a UN expert on internally displaced persons (IDPs), Chaloka Beyani, after a 4-day visit to Nigeria, described the situation resulting from the Boko Haram terror campaign and government’s counterinsurgency measures as “displaying all the hallmarks of the highest category crises.” In further assessing the crisis, the United Nations Office for the Coordination of Humanitarian Affairs said the crisis, coming into its eight year, “Shows no sign of abating and is adding to the long history of marginalisation and chronic under-development as well as a higher rate of poverty, illiteracy and unemployment.” These have been further confirmed by members of the#BringBackOurGirls group,

some of whom are family members of IDPs, and some working in alleviating their plights. BBOG explained that the Nigerian government was not doing enough with the urgency required. “Our government is not responding with the required urgency. Shortly after our movement began on 30 April 2014, we took up the issue of IDPs and had our first symbolic visits to IDP camps around Abuja with modest humanitarian support within our means. “We have continually highlighted their plight but unfortunately little or none have their welfare and wellbeing improved.” It stated that the IDP population in Nigeria, those in formal camps, was officially estimated by the National Emergency Management Agency (NEMA) to be two million; “however, the vast majority of IDPs - accounting

for up to 90 per cent of the entire IDPs population - are in informal settlements and host communities, most of which are not governmentrecognised, as a result, they are mainly catered to by the non-governmental organisations and international humanitarian agencies. “Many are trapped in territories the government had declared free from the insurgents and habitable for normal life. Places like Gwoza, Bama, Dikwa, Monguno, and others only two accessible via military escort. The others are completely cut off. For instance, in only 2 locations in Gwoza are accessible to multinational and domestic humanitarian workers, the rest are only accessible via military escort at most once a day, the others are completely cut off! IDPs are dying of hunger and starvation! There are hardly any records of the scores of IDPs in and around Abuja and all over the nation.

CRIME&PUNISHMENT

TUESDAY, JANUARY 10, 2017• T H I S D AY

Police Parade Ex-officers, Suspects for Kidnapping Hirse, Diplomat

Gang leader narrates how ex-foreign affairs minister paid N10m ransom

Dele Ogbodo in Abuja The Nigeria Police yesterday paraded three ex-police officers, Mr. Maisamari Dan Katsina, Bulus Jatau, Jatau Peter and five other suspects involved in the kidnap of the former Minister of State for Foreign Affairs, Mr. Bagudu Hirse, and the Sierra Leonean diplomat in Nigeria, Mr. Nelson William, last year. Though Hirse and William were separately kidnapped in Kaduna, between June and November 2016, leader of the suspected kidnappers confessed

he collected N10 million ransom from the former minister, while undisclosed ransom was also collected for the diplomat. The other suspects, according to the Force Public Relations Officer, Don Awunah, were Domnic Nwakpa, aka Alhaji, identified as gang leader; Ifeanyi Chukwu, Balat Paul, Miss Afini Paul and Clinton Abere. At the time of the arrest, the police said the suspects were found with two pump action guns, 131 rounds of AK 47 ammunition, police camouflage uniform and two military caps,

Woman Allegedly Kills Husband over Bag of Rice in Bayelsa Emmanuel Addeh in Yenagoa An angry housewife (name withheld) yesterday allegedly killed her husband during an argument over the quality of rice purchased by the woman. The son of the deceased man, Okali, said his father, Mr. Leo Parker, was hacked to death by his wife when he (the father) queried her for buying local rice for N10,000 when she was given N27,000 to get the imported one. The woman allegedly collected the amount during the festive period, assuring her husband that she would purchase a bag of ‘foreign rice’, but ended up buying the local one at a cheaper rate. Parker, 67, reportedly met his death in his house along Azikoro road area of Ekeki community in Yenagoa Local Government Area of Bayelsa State during a heated exchange of words that ensued. Okali added that after realising that her husband had died, the suspect quickly began moving

out of the house quietly. “She started parking her properties out of the house through the back entrance, while some of the deceased children and neighbours were outside having a quiet time.” It was gathered that the deceased’s grandchild, who was playing at the back entrance noticed that the woman was moving her belongings out of the house through the backyard before he reported. “The boy came to alert us that he saw the wife packing properties through the back entrance and dragging his grandpa on the floor with blood. “We went to confirm but met the room locked and pretended that we were not aware. When she came back for her fridge, we accosted her and ask her to open the door. “But she refused. We forced the door open and met our father on the floor in a pool of his blood. She later told us that it was in anger,” the dead man’s son alleged.

Mobile Court Convicts 34 Traffic Offenders in Sokoto

Mohammed Aminu in Sokoto

‘’ This is to inform the motoring public that the A Mobile Court in Sokoto State exercise is a continuous one yesterdday said it had convicted and therefore call on them 34 traffic offenders, with one of to desist from carrying and them bagging two months jail boarding overloaded vehicles,’’ term or an option of N30,000 the statement read. fine. It advised motorists to desist This was contained in a from using mobile phone while statement signed by the Public driving and should also stop use Relations Officer of the Federal of expired or second hand tyres. Roads Safety Corps (FRSC), The statement further urged Sokoto Sector Command, Mr. motorists in the state to install Aliyu Kanya, a copy of which speed limit device in their was made available to journalists vehicles. in Sokoto. ‘’We want motorists to abide According to the statement, by the rules and regulations the mobile court was conducted governing the use of roads in on January 5, 2027, along Sokoto- order to engender a safer driving Illela highway. culture in the state,’’the statement The statement said two other concluded. suspected traffic offenders were The statement to this end, discharged and acquitted. urged motorists to desist from ‘’The major offences focussed driving without valid driver’s on were overloading,driver’s licence,as well as endeavour to licence violation and vehicles register their vehicles with the licence violation. Internal Revenue Board.

two operational vehicles, anti-car tracking device, mobile phone, four revolvers, 31 live cartridges, Prado SUV, Toyota Cricket and Toyota Corolla which were separately displayed as exhibits. Awunah said operatives attached to the IG Intelligence Response Team, on January 1, after a sustained surveillance, smashed the gang known to have been terrorising Kaduna and its environs in 2016, in their hideouts in Dan Hassan road, Ungwa Boro, Kaduna. The only female member of the gang, who was in charge of cooking for the kidnapped victims and gang members, was picked up at her residence at Mararaba Rido, Kaduna. According to the Force PRO, the other suspects were arrested in Lagos and Ogbor Hill in Abia

State, adding that the gang also confessed to the kidnap of Hon. Abdulmalik Duruguwa and his wife in August 2016 in Kaduna, and an undisclosed ransom was collected from them. Responding to questions from journalists, Nwakpa, 32, who is the leader of the gang, said he holds an HND certificate; worked for a while before retiring to the kidnapping business. On how the former minister was kidnapped, he said: “With our network and operational vehicles, we patrol the town of Kaduna, and on this occasion, we saw Bagudu inside about to enter a building. We drove back and took him before any help could come to him. “We held him for two days while the negotiation for ransom

of N50 million continued. Bagudu’s contact man wasn’t forthcoming and after two days, his wife called and said one Samuel has N10 million for us, which we asked to be changed to dollar and he did.” Also fielding questions, the female member of the gang, Afini Paul, who is a sister to Balat Paul, the gang’s driver, said she was unaware that the gang members were kidnappers, even though she admitted that she was given N100, 000 for cooking for the two days they held the former minister in her house. On why she did not report to the police when unknown faces were held in her residence, she admitted: “’Na fear dey catch me’, it was N50, 000 they gave to me to cook. I didn’t know

they were criminals.” On their parts, Katsina and Jatau, two Police officers dismissed last year, admitted to being dealers on stolen ammunition from police station in Kaduna and from Niger Republic. Before the duo were rounded up in Kajuru Local Government Area in Kaduna State, Awunah stressed that the dismissed officers had involved in kidnapping and armed robbery, and have been on the wanted list of the police in the state. He said: “These two suspects have volunteered confessional statements and admitting to the various roles they played in the commission of several kidnappings and armed robbery attacks in Kaduna and other neighbouring states.”

ENDLESS BLOODLETTING

Emergency workers evacuating bodies after s suicide attack in Maiduguri....yesterday

Dealing in Substandard Products is Like Terrorism, Says SON Crusoe Osagie Dealers in substandard and adulterated products have been described as practising a form of terrorism in view of the danger their activities pose to the security of lives and property of Nigerians. The Director General, Standards Organisation of Nigeria, Mr. Osita Aboloma, made this assertion at a public sensitisation workshop organised for over 3,000 manufacturers, importers, distributors, retailers and market associations by Christabel International, a nongovernmental organisation on consumer advocacy in Onitsha, Anambra State recently. According to him, the supply of substandard or adulterated auto and aviation spare parts, medical devices, construction materials, food and drugs among others pose serious threat to

the health, safety, environment, property and lives of the citizens. Represented by the Director of Operations, Mr. Felix Nyado, the SON chief executive stated that the negative impact of substandard or adulterated products to life and the socio-economic wellbeing of the country is very significant and needs effective prevention mechanisms. Aboloma enumerated some of the electronic platforms being deployed by SON to tackle the menace of substandard products circulation as including the mandatory conformity assessment programme (MANCAP) for locally manufactured products; SONCAP, for certification of imported products from source; Product Registration for documentation and traceability of all products in the market and Library services for access to relevant standards for local

production import and export with ease among others. According to him, SON is the National Enquiry Point for World Trade Organisation/Technical Barrier to Trade for accessing information to identify relevant standards, technical regulations and conformity assessment procedures for businesses in Nigeria. The SON Chief Executive announced the recent deployment of standards on e-marketing for products traded on the web as well as the adaption of the Global Standard (GS) solutions by the International Organisation for Standardization (ISO) to counter the growing issue of counterfeiting. The solutions, according to him will provide unique identification keys to manufacturers and businesses that will help improve collaboration, traceability, transparency, security and

visibility within the supply chain in real-time. Aboloma itemised the expectations of SON from manufacturers, importers, distributors, retailers and market associations in the “war against substandard and adulterated products” as including strict adherence to standards requirements, provision of classified information of faking and preparedness to defend their brands at all times. Responding, the chairmen of the various market associations present at the occasion assured SON of their total support and pledged to imbibe selfregulation mechanisms with SON’s guidance to rid their markets of substandard and harmful products. They said the current SON boss’ agenda was in the right direction that would help to boost healthy trade.

T H I S D AY TUESDAY JANUARY 10, 2017

TUESDAY, january 10, 2017 • T H I S D AY

TUESDAYSPORTS

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

Uzama: Infantino Commiserates with NFF

FIFA President, Gianni Infantino, has written to the Nigeria Football Federation (NFF) President, Amaju Pinnick, to commiserate with Nigeria over the killing of former youth international, Douglas Uzama. In a letter dated January 6 and personally signed by him, the FIFA supremo wrote: “I would like to express my deepest sympathy on hearing the news of the tragic passing of Nigerian youth international Douglas Uzama. “On behalf of FIFA and the worldwide family of football, please allow me to extend my deepest condolences to the football community of Nigeria, and most importantly, to his family, friends and loved ones. “We hope that, in some way, our words of support may help bring a little bit of peace and solace in this time of sadness.” The former Under-17 and Under-20 international player who was on the books of Gombe United

FC, was murdered by unknown persons in Benin City, Edo State on Thursday, December 29, 2016. The NFF has already called on the Nigeria Police to intensify the search for his killers in order to bring them to justice. The killing of the Gombe player is coming barely two months after another Shooting Stars of Ibadan defender, Izu Joseph was shot dead in Rivers State in circumstances that still remained a mystery to his family and friends. The Gombe United FC player was said to have been killed where he had gone to celebrate the yuletide with his family. According to reports from Benin City, the former Flying Eagles invitee was hit by a bullet while in company with close friends. The player was declared dead on arrival at the hospital. Nobody has been arrested in connection with the death of the Gombe player.

LMC Chairman Charges NPFL Players to Surpass Ezeji’s Record Chairman of the League Management Company (LMC), Shehu Dikko, has challenged league players to “do the right things” in their respective clubs ahead of the new football league season in Nigeria which gets underway this weekend. Dikko spoke at the weekend in Port Harcourt after a testimonial game organised in honour of Nigeria Professional Football League legend Victor Ezeji who bowed out of the game in grand style after playing in 20 consecutive first division league seasons in Nigeria. The LMC chairman captained Team NPFL in the testimonial game and scored the game’s opening goal at the start of the second half as his team defeated Team Ezeji 2-1 with Ezeji who featured for both teams in each half scoring what turned out to be the winner for Team NPFL. Speaking after the testimonial game, Dikko tasked current league players to emulate Ezeji in doing what is acceptable globally in their careers. “As a real star of the league, it (the testimonial) was a befitting event for Victor. The crowd turnout was good, the players were good and everybody is happy,” begun Dikko. “The reason we have legends is for them to be a benchmark and motivation for other people to aspire to and to do better. “We heard Victor say today (Saturday) that he was not owed by anybody throughout his 20 years because he followed the right way. He Had lawyers representing him and not going alone to sign the contracts. These are what current players have to emulate and must do the right things at all time,” said Dikko Dikko also announced on

Saturday that upon retirement, Ezeji will now take up a Players’ Relationship Advisor (PRA) role with the League Management Company, an endeavour that would enable him use his wealth of experience as a professional player to interface between current players and the league organisers. “Victor is someone we want to use because the players can trust him because he has been there so he knows their problems and all the issues concerning them. “The players can approach him for dispute resolutions between them and their clubs, he can advise the clubs on how to deal with erring players and he can also advise the players on the importance of combining education with football among other things.” added Dikko. Ezeji started his playing career with defunct Sharks FC of Port Harcourt in 1996 and went on to also represent Sharks’ local rivals, Dolphins and other NPFL clubs during a glittering 20 seasons of league football in Nigeria.

L-R: FIFA President, Gianni Infantino, Argentine football legend, Diego Maradona and NIgeria Football Federation President, Amaju Pinnick at the FIFA Best Awards which held in Zurich, Switzerland… last night

Nigeria, Egypt to Represent Africa at Hungarian Open Table tennis powerhouses in Africa – Nigeria and Egypt have confirmed their participation in the first major ITTF World Tour for 2017, Hungarian Open serving off on Thursday January 19 to 22 in Budapest. Nigeria will be presenting the largest number of players with the highest ranked player in the continent – Aruna Quadri leading four other Nigerians to the championship while African Champion, Egypt’s Omar Assar will be competing

alongside his sibling – Khaled in the competition. Besides Quadri, other Nigerian players in the tournament are Italy-based duo of Olajide Omotayo and Kazeem Makanjuola and Portugal-based pair of Bode Abiodun, and Ojo Onaolapo. The $70,000 prize money championship will be kickstarted Tuesday with preliminary matches in the singles and doubles while the likes of Omotayo, Abiodun, Makanjuola

in five events – U-21 singles (boys and girls) and singles and doubles (men and women). Other top playing nations expected to compete in the tournament are China, Germany, Chinese Taipei, England, Portugal, Russia and a host of others. The tournament serves as a point hauling event for world ranking as well as one of the tournaments that serves as qualification for the end-of-year ITTF World Tour Grand finals.

2017 ACCESS/LAGOS MARATHON

Olumudi Not Scared Competing with East African Runners Nigeria’s foremost female marathoner, Aderonke Olumudi, has her eyes set on winning the top prize at the 2017 Access Bank/Lagos City Marathon and she is not

scared of local and foreign elites. Tipped to be the first Nigerian to finish at the 2016 edition and give the foreign elites a tough fight,

Enugu Rangers, FC IfeanyiUbah Clash in Charity Cup Nigeria Professional Football League champions, Enugu Rangers will battle Federation Cup winners FC IfeanyiUbah in the annual Charity Cup match in Abuja tomorrow, Wednesday, January 11, 2017. NFF’s Director of Competitions, Mr. Bola Oyeyode said yesterday that all arrangements have been put in place for the match, scheduled for the mainbowl of the National Stadium

and Onaolapo will start their campaigns from the preliminary stage of the singles and doubles events of the competition. Quadri will be partnering Omar Assar in the men’s doubles event, Omotayo will pair Onaolapo while Makanjuola will partner Abiodun in the doubles as well. Over 54 countries across the globe are taking part in the four-day championship with 331 players made up of 220 men and 111women competing

Complex from 4pm. Officials of the two clubs, as well as those of the other two clubs flying Nigeria’s flag in continental competitions this year, Rivers United and Wikki Tourists, are also due to meet with NFF officials same day with regards to their continental campaigns. Rangers, who swept to their first title in 32 years by claiming the NPFL title on the last day of last season, will fly Nigeria’s

flag in the dollar –spangled CAF Champions League while FC IfeanyiUbah, conquerors of Nasarawa United in the final of the men’s Federation Cup will campaign in the CAF Confederation Cup. NPFL vice champions Rivers United will join Enugu Rangers in the CAF Champions League, with third –placed Wikki Tourists searching for honours in the Confederation Cup.

Olumudi got injured in the run up to the race, the pains of being a spectator in a race she has all it takes to be a front runner is still fresh in her memory. Speaking from the United States of America where she is currently training for the February 11 race, Olumudi said she had what it takes to finish among the top 10 at this year race. “I was injured towards the end of 2015 and was unable to prepare for a full marathon. “But I am fit, ready and injury free to race this time and I have been training, marathon and road races is my job and I am looking forward to it,” she noted. Olumudi who has competed against some of the best marathoners in world in

the last few years claimed she is not scared of the foreign elite athletes despite their intimidating pedigrees “I have competed against some top marathoners and finished ahead of them, so running in my country will even give me added advantage to excel. “It is not going to be easy because full marathon is not just about your strength; you have to understand the technique as an athlete. “Hopefully, I will be back at home ahead of the date so that I can train with Nigerian weather before February 11, the date of the marathon.” Olumudi is currently training with some top athletes from other part of Africa and such experience would help her to excel.

T H I S D AY • TUESDAY, JANUARY 10, 2017

TUESDAYSPORTS

Ronaldo is FIFA’s 2016 Best Player Duro Ikhazuagbe with agency report Real Madrid and Portugal forward, Cristiano Ronaldo, 31, was last night named the world’s best player at the inaugural Best FIFA Football Awards in Zurich, Switzerland. He defeated Barcelona’s Lionel Messi and Atletico Madrid’s Antoine Griezmann to win the prize. Earlier in December, Ronaldo also won the France Football magazine’s Ballon d’Or award with both honours recognition for success in the Champions League with Real Madrid and the Euro 2016 with his native Portugal. The world’s best player has received the FIFA Ballon d’Or award four times. Speaking after receiving the award, Ronaldo admitted that 2016 was awesome for him. Highlights of Ronaldo’s exploits in 2016 include; scoring the decisive penalty in the shootout to win the Champions League for Real Madrid; rescuing Real with a hat-trick in the final of the Club World Cup, captaining Portugal to Euro 2016 glory and being recognised with a fourth Ballon d’Or. He now has something Lionel Messi does not - the honour of being named Best FIFA Men’s Player for 2016. United States of America’s Carli Lloyd was named the world’s best female player despite failing to finish on an Olympic podium for the first time at Rio 2016. Lloyd has continued her exceptional form for both club (Houston Dash) and country. The 34-year-old saw off competition from Brazil’s Marta and Germany’s Melanie Behringer to win the award. For leading Leicester City out of the blues to win the English Premier League, Claudio Ranieri was named Best Men’s Coach for 2016. Ranieri who has also led his side to the last 16 of the UEFA Champions League this season

won the award ahead of Real Madrid’s Zinedine Zidane, who lifted the Champions League in his first season in charge, and Portugal’s Fernando Santos, who led his country to an unexpected success at Euro 2016 in France. Ex-Germany boss, Silvia Neid, won the female coach of the year award. Neid who retired in 2016 after capping an 11-year spell in charge of the women’s national team and guiding them to Olympic gold for the first time won the award ahead of USA coach, Jill Ellis and Pia Sundhage of Sweden. The success in Rio added to her extensive trophy collection which includes the World Cup and two European Championships. Penang’s Mohd Faiz Subri received the Puskas award for the Best Goal of 2016. Despite being on the shortlist for best individual player, Griezmann did not make World Best XI. The line-up features five players from Real Madrid, four from Barcelona, one from Juventus (Dani Alves, who was at Barca for the first half of 2016) and one, Manuel Neuer, from Bayern Munich. There was no Premier League player on the World XI. The fan award went to supporters of Liverpool and German club Borussia Dortmund, who together sang a moving rendition of ‘You’ll Never Walk Alone’ - an anthem adopted by both teams - before their Europa League quarterfinal in April. The match came the day before the 27th anniversary of the Hillsborough disaster, in which 96 Liverpool fans died. Colombian side Atletico Nacional were given the fair play award for their part in the aftermath of the plane crash which killed 19 players and staff of Brazilian side Chapecoense. Chapecoense were en route to play the first leg of their Copa Sudamericana final when the plane crashed, killing 71 people. Atletico Nacional said the title should be awarded to Chapecoense. FIFA recognised their “spirit of peace, understanding and fair play.”

FIFA Set to Vote Today on Infantino’s 48-team World Cup Plan

FIFA will vote today on plans to expand the World Cup to 48 teams from 2026, in line with the vision of President Gianni Infantino. The Swiss, who claims to have “overwhelming” support for the expansion plan, favours 16 groups of three countries, with the top two progressing to the knockout rounds. If successful, it would lead to the first World Cup expansion since 1998. There are five options United - if they win their replay world football’s governing body against AFC Wimbledon. will consider. The fourth round represents Infantino, 46, succeeded the last-32 stage of the fellow Swiss Sepp Blatter as competition, and all ties are FIFA president in February 2016, scheduled to be played between having campaigned on a promise 27-30 January. of expansion. THE DRAW The former general secretary Tottenham Vs Wycombe of UEFA (European football’s Derby Vs Leicester governing body) initially Oxford Utd Vs Newcastle/Birmigham suggested a 40-team tournament Wimbledon/Sutton Vs Cambridge/Leeds - an idea put forward by thenPlymouth /Liverpool Vs Wolvers UEFA President Michel Platini Southampton/Norwich Vs Arsenal in 2013 - before shifting focus to a 48-nation finals. Lincoln/Ipswich v Brighton The five options the 37-member Chelsea Vs Brentford FIFA council will choose from are: Man Utd Vs Wigan • A -team World up consisting Millwall Vs Watford of 16 groups of three, with the Rochdale Vs Huddersfield Burnley/Sunderland Vs Fleetwood/Bristol top two sides qualifying for a Blackburn Vs Barnsley/Blackpool last-32 knockout stage (80 games in total); Fulham Vs Hull City • Another -team version Middlesbrough Vs Accrington consisting of a 32-team, one-game Palace/Bolton Vs Man City

FA Cup: Man Utd, Others Get Easy Draw Holders Manchester United will host 2013 winners, Wigan Athletic, in the fourth round of the FA Cup. According to the draws made last night, Premier League champions Leicester City will travel to Derby County in an East Midlands derby, while Chelsea takes on Brentford in a west London derby. League One Millwall’s reward for beating Bournemouth is to host another Premier League side, Watford. The winners of the replay between Liverpool and League Two Plymouth will be at home to Carl Ikeme’s Wolverhampton Wanderers. Sutton United, the lowest-ranked side left in the competition, will face Cambridge United or Leeds

Cristiano Ronaldo (left) and Carli Lloyd best FIFA male and female footballers 2016

knockout round, with the winners joining 16 already-qualified teams (80 games - 16 in preliminary and 64 in main tournament); • xpanding it to teams, with 10 groups of four and only six group runners-up advancing (76 games); • A -team tournament with eight groups of five (88 games); • eeping the World up at its present size of 32 teams (64 games). In Infantino’s favoured option, the number of games rises from 64 to 80, but the finals can still be played within the existing tournament duration of 32 days, while a nation will play no more than seven matches, as in the present format. One potential flaw is that penalty shootouts may have to be introduced to settle drawn group matches to prevent two sides playing out a result in the last round of games that ensures both countries progress. Speaking at a sports conference in Dubai in December, Infantino said the World Cup has to be “more inclusive” and that expansion will also benefit “the development of football all over the world”. He added: “There is nothing bigger in terms of boosting football in a country than participating

in a World Cup.” Despite saying “the decision should not just be financially driven”, Infantino did highlight the possible financial upsides. According to FIFA’s own research, revenue is predicted to increase to £5.29bn for a 48-team tournament, giving a potential profit rise of £521m. Infantino has said that FIFA’s 211 member federations are “overwhelmingly in favour” of a 48-team tournament, with the bulk of the 16 extra places expected to go to Africa and Asia. England, Scotland, Wales and Northern Ireland are all reportedly expected to back the expansion, as long as Europe is offered guarantees of extra spots. FIFA is not planning to allocate the extra slots at Tuesday’s vote. Europe currently has 13 places which could potentially rise to 16 with one European country in each group. Scottish FA chief executive Stewart Regan has said that expansion is “a positive thing for the smaller nations”, citing the performances of Wales, Iceland and Northern Ireland in the expanded 24-team Euro 2016 tournament. Venezuelan Football Federation President Laureano Gonzalez, has reportedly said

that FIFA has proposed merging the North and South American qualifiers for a 48-team World Cup in 2026. Gonzalez, who is also vicepresident of South American governing body CONMEBOL, said that any support for the idea would depend on increasing their current combined share of seven places. “If this went up to 14, similar to what Europe has for more or less the same number of teams, the idea would catch on,” he added. While Britain’s FIFA Vicepresident David Gill is expected to support the expansion plan, English Football Association chief executive Martin Glenn says the organisation would prefer to retain the current format. “I can’t influence FIFA - we’re one voice out of 211,” Glenn told BBC Radio 5 live Sportsweek. “Our preference would be to keep the tournament smaller, because there’s a quality factor here. But we’ll try to influence the shape of it.” The main opposition so far has come from Germany, with football federation president Reinhard Grindel arguing that adding more teams could “strengthen the imbalance” seen at some tournaments.

Tuesday January 10, 2017

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MISSILE Fayose to Buhari

“Have you ever seen anyone that will be in captivity for that long and won’t be eager to reunite with his or her family two months after regaining freedom?… If the girls are truly Chibok girls, their freedom must be total. They must also be allowed to tell their own stories.” – Governor Ayo Fayose of Ekiti State querying the refusal of the federal government to free the rescued Chibok schools to reunite with their respective families

TUESDAY WITH REUBENABATI abati1990@gmail.com

Before Abuja Airport is Shut Down

few years ago, the Federal Government of Nigeria shut down the Port Harcourt International Airport to carry out what they called repairs or was it renovation? It was supposed to be an exercise for a few weeks, but it took more than an entire year. Flights were diverted to an airport in the city at great cost to travellers, but the so-called renovation took forever. The Port Harcourt airport became a grazing field for cows, at other times, a vehicle-driving field, and for more than one year, travel to Port Harcourt, one of Nigeria’s most strategic cities was a nightmare. Each time the Nigerian government talks about fixing the airports, using the words, renovation, rehabilitation or reform, it is better to be cynical. The Sam Mbakwe Airport in Owerri, for example, was once touted as a major hub in the South East, and government Sirika spent so much money turning it into an international cargo airport for the East, the poor state of Nigerian airports, despite but that same airport soon became flooded the enormous amounts that are budgeted during the rainy season and planes could yearly, they should tell us as each stroke of the cane descends on their buttocks. I no longer land. Both the Port Harcourt and Owerri don’t consider corporal punishment a tool of airports are currently in a permanent state of governance, so I speak metaphorically, but renovation. The lives of those who wanted the rot in the aviation section is so terrible, to renovate them at any level whatsoever a feeling of outrage commands something are ironically and scandalously, imaginably extra-ordinary. Weigh that against the plane better renovated. The airports failed, the crashes, loss of lives, and the agony of managers smiled to the banks. In those air travel just because some incompetents two airports, travellers were put through have had to superintend over Nigeria’s enormous strain because the entire airports aviation sector. I am this outraged because a sad story or sections had to be shut down. But the people, expectant as they were had no choice is about to repeat itself. The Federal in the matter. The Nigerian government Government of Nigeria is proposing to shut is so powerful; the people are helpless. down the Nnamdi Azikiwe International The same government the people elect Airport in Abuja, beginning March 8, for with their votes punishes them unjustly. six weeks: to build a second runway and to The people themselves behave as if they carry out renovations. During the period, are in bondage. This was what happened flights will be diverted to Kaduna Airport in particular when the Port Harcourt and passengers will be required to travel Airport was being renovated. Travellers by rail or road to Abuja. The excuse is that were abused. Airlines subjected them to the runway in Abuja is almost collapsing. enormous indignity. Businesses suffered. The life span of a runway is 20 years Government failed to keep its promise. The and this particular runway in Abuja has airlines and their staff even became arrogant, been there for 34 years. Politicians come failing to realize they were victims too. They and go but one significant fellow has treated customers shabbily and there was suddenly woken up in either the FAAN no way anyone could blame them when or the Ministry of Aviation and a proposal has been submitted for renovation. And government itself was uncaring. Looked at differently, the biggest problem that proposal is now causing so much is not necessarily the politicians and their commotion. All the characters responsible appointees who sashay in and out of power, for this costly neglect and delay should be but the civil servants who run the engine lined up and sanctioned, and that should room of government and who over the include a thorough investigation into the years have perfected a culture of graft and possibility of this “new” project having being incompetence. They look the other way when proposed, budgeted for and cash-backed politicians dismantle the rules, often times before now. At what point did it occur out of sheer cruelty and for the better part, to FAAN that the airport needs a second the political leaders are guided to do so runway, and who is the brain behind the by the civil servants. Which department of hair-brained proposal that is now before government is responsible for the maintenance the public? We have been told that for six weeks, of airports?: The Federal Airport Authority of Nigeria (FAAN). I believe everybody in flights will be diverted to the Kaduna airport. that agency should be lined up and caned The Minister of State for Aviation (by the publicly and investigated according to the way, who is the Minister of Aviation?) has law. Should they have any stories to tell about been quoted saying he wants “knowledge”

as to how this can be managed. The Ministry has also summoned a meeting of stakeholders after taking the decision. This has been a classic case of acting before thinking, making it all appear ridiculous. The international airlines are insisting that they find this kind of thinking inconvenient. Truly so: Local airline operators are not excited either. The National Association of Nigeria Travel Agencies (NANTA) and the Airline Operators of Nigeria (AON) are protesting. Common sense, a scarce commodity at this time, should have dictated that a meeting of stakeholders should have been held before the decision was taken. But the arrogant position-holders took the decision first and then decided to invite the stakeholders as an after-thought. Ask these questions: is there an ulterior motive? Ignore common sense and present the public with a fait accompli? Is that their plan? Is politics, in the shape of further Northernization involved? And why? Make Kaduna a new hub? Shift aviation travel further North? The failure to maintain runways and observe best practices is a reflection of the Nigerian problem: our national nonsense. Besides, Nigeria is forever a victim of last minute decisions. We remember to think when it appears too late to do so. Conspiracy theories are thus enabled when those who should act rightly behave as if they are busy thinking with their orifices. Get it: The decision to shut down the Nnamdi Azikiwe International Airport in Abuja and move traffic to the Kaduna airport for six weeks has not been properly thought through. Poor thinking is the enemy of good governance. There is no guarantee to start with, that the renovation and rehabilitation can be completed in six weeks. Remember Port Harcourt and Owerri. We have been told nevertheless, that this is a good decision. But the timing is unwise. We are moving passengers to Kaduna at a time that same state and city is in turmoil. Thousands are being slaughtered daily in Southern Kaduna. The crisis has both religious and ethnic undertones. And now we are moving more Nigerians to the North, so they can get killed at the airport on or their way to Abuja? Who in his or her right senses would like to travel through Kaduna at this time? A standard travel advisory should be: travel through Kaduna at your own risk and commit possible suicide. And to this: let no paid vuvuzela tell me the roads are safe and that the rail line to Abuja does not pass through Southern Kaduna. Also consider this: Government says it will provide buses. Who will bear the cost? Traveling from wherever to Kaduna to reach Abuja is likely to be more costly in every sense. Will the airlines bear the cost? Or the already aggrieved travellers will be subjected to extra cost and pain? Foreign airliners have already rejected the Kaduna airport. It is by every international standard a poor airport. It can’t even accommodate

a crowd. Why would government subject travellers to obvious chaos and behave as if it does not matter. Copy this: “The Minister of State, Aviation, Hadi Sirika, however, said total closure of the Abuja airport runway was inevitable, judging from the worrisome level of dilapidation…. (I see) The minister assured of adequate security of travellers on transit by road from Abuja to Kaduna and vice versa, adding that the Ministry of Defence, the Nigeria Police, National Security and Civil Defence Corps, the Directorate of State Security and other agencies will provide cover for airlines and passengers. (Really?) “We’ll increase the number of security personnel around Kaduna Metropolis; we’ll have traffic officials in every village and intersection. There’ll be members of National Emergency Management Agency (NEMA), fire fighters and ambulances at certain strategic positions. Police and the Air Force are to provide aerial patrols, complemented by ground police. (Bribery and extortion loading…) There will be intelligence gathering. There will be bus coaches, train services, specialised car hire services and helicopter shuttles from private operators. But government will provide shuttles for passengers,” he assured. (Talk is cheap, truly) This is precisely why the Ministry of Aviation should reconsider its stand. Stakeholders including foreign airlines should be carried along before any further step is taken and that has to be in line with international best practices. Everybody involved should admit that we are dealing with a Nigerian crisis. Nigerians who travel by air don’t deserve to be punished. They have suffered enough already. The airlines can’t even get enough aviation fuel in Abuja, not to talk of Kaduna. Let no one forget this: Abuja is a strategic city. Those who travel there do so with a purpose. It is the city of adventurers not settlers. It is the city of the Federal Government. People go there to sort out government matters including contracts and other matters. Shutting down the Abuja airport is like shutting down the city, and perhaps the entire country. The Ministry of Aviation makes it sound as if this is inevitable, but we must tell them, and tell them again, that the Kaduna airport is not ready and to repeat the Port Harcourt experience in Abuja would be sad and counter-productive. It is not for nothing that the international airlines are already protesting that they don’t want to go to Kaduna. The argument about fixing the runway to make it safer is okay, and we all know why nothing is ever properly maintained in this country, and why projects of six weeks end up taking one year, and more, so don’t tell me the obvious, but government decisions no matter how well-meaning, should be governed by good thinking. A mismanaged renovation of the Abuja airport could result in months of avoidable agony and disaster for the Nigerian economy.

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