Tuesday 31st January 2017

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TUESDAY JANUARY 31, 2017 T H I S D AY

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T H I S D AY • TUESDAY, JANUARY 31, 2017

NEWS

Benin Republic Hit by Nigeria’s Car Import Ban Surveying his sprawling car dealership on the fringes of Benin’s commercial hub Cotonou, Kassem Hijazi alternates between chainsmoking Marlboro cigarettes and puffing on a hookah.

He and his colleagues do not have much else to do.

There has not been a single customer since December, when neighboring Nigeria banned car imports by land as part of a wave of protectionist policies that are strangling Benin’s economy.

“We spend our days smoking, it is our life now,” Hijazi sighs, sitting in a gazebo beside his stock of thousands of cars steadily accumulating the dry harmattan dust.

Yesterday, Hijazi — who, like the vast majority of car dealers in Benin, is Lebanese — called in his Beninese accountant to help close shop.

Debts are accumulating and the stress is becoming too much. “I lost in one year what I have earned in 16,” Ali Assi, another car dealer, said.

Of the 2,500 Lebanese dealers in Cotonou, 1,600 have packed up and left in the last six months, shutting down businesses that employed dozens of drivers, cleaners and security staff.

“Unemployed people used to come here to find work,” said Vincent Gouton, who represents a group of car dealership managers in

Cotonou.

The Benin car market began its free fall last year when neighboring Nigeria entered its first recession since 1994.

Nigeria, an economic behemoth of 190 million people, gobbles up “99 per cent of car exports” in Benin, according to Gouton.

Benin, a tiny country with scarce natural resources, relies on its port business to survive.

From the port city of Cotonou, imported cars, fabrics, and food from all over the world get distributed across West Africa.

But since the Nigerian economy crashed following the collapse in global oil prices, Benin has been suffering knock-on effects.

Nigerian President Muhammadu Buhari’s protectionist policies — his government has banned a slew of items including cars imported by land — has only aggravated the situation.

“This decision will encourage smuggling, it is back to square one,” Gouton said.

Several agreements were signed in the past between Benin and Nigeria to facilitate legal trade.

But Nigeria accuses Beninese customs of failing to monitor the exported goods and collect taxes.

Buhari hopes that closing land borders will revitalise

The Lagos Seme border is a major transit point for trade between Nigeria and Benin Nigerian industries and attract business to the port in Lagos, Nigeria’s economic capital and largest city.

Today, over 20 products — the list has never been officially published — are banned from being imported overland.

“For the past 18 months, we have seen a lot of policies that are not market friendly,” said Nigerian economist, Nonso Obikili.

“The self-sufficiency policy has led the government to

create all sorts of hostile environments around imports,” Obikili said.

“The government wants to ban palm oil (imports) but our plantations are not ready to meet local demand, and it takes two years to get oil from trees. It is a mess,” said Obikili.

“And this will encourage illegal trade.”

It is not just Benin which is hurting. Nigerian car dealer Olabanji Akinola said he had to fire half of his employees

last week as a result of the ban.

Business used to be brisk at Akinola’s car dealership, located on the outskirts of Lagos.

Yet now he cannot pay any wages. “In Cotonou, they tax 35 per cent of the value of an imported car. In Lagos, it is 70 per cent,” Akinola said.

“It is killing the business.”

“The price of cars will go up and smuggling will increase. There are 200 roads through the bush to come

to Nigeria, the borders are porous,” Akinola said.

“This morning, customers begged me on their knees to lower my prices, but I cannot,” Akinola said.

Ultimately, it may only be the Nigerian government that benefits from the import ban.

In 2016, customs seized 307 contraband vehicles worth nearly N5 billion (about 15 million euros). The figure is expected to rise in 2017.

•Culled from AFP

Despite Recession, Airlines Sold N330bn Tickets in 2016 Over 11m Nigerians travelled by air Chinedu Eze Despite the economic downturn, which has eroded the purchasing power of Nigerians, air travel still recorded ticket sales of N330,548,324,796.84 from January to October 2016, a little less than N385,909,897,028.

80 sold between January to December in 2015.

It is however projected that the total number of ticket sales last year would surpass that of the previous year due to the high December season not yet reflected in the data provided by the Nigerian Civil Aviation Authority (NCAA).

Also, between January and September 2016, airlines

airlifted 11,344, 936 passengers.

This is slightly lower than the passenger movement in 2015, which stood at 11,402,899 during the period.

However, passenger movement figures in 2015 and 2016 were lower than the pre-recession era when total inbound and outbound passenger movements rose to 15 million in 2014.

The 2014 figure was attributed to flourishing economy growth after the rebasing of the economy, which made the country an attractive investment destination.

Addressing newsmen in Lagos yesterday, the DirectorGeneral of NCAA, Captain

Muhtar Usman explained that in 2015, domestic airlines airlifted 8,130,568 passengers with 202,352 flights during the period, while foreign airlift stood at 3,272,331 with 31,493 flights. The total number of flights for that year was put at 233,845.

In 2016, domestic airlines airlifted 8,090,816 passengers with 130,745 flights, while the number of passengers on international air travel was put at 3,272,331 with 33,099 flights. The total number of flights was put at 163,844, a significant drop from 2015 arising from fewer local flights in 2016.

Usman said between 2014 and 2015, Nigeria recorded

zero accidents and there was no major incident, with 2016 identified as the best year in the area of safety records.

The Director-General identified the challenges faced by airlines last year, which might still prevail in the larger part of this year, as the contraction in the economy, paucity of foreign exchange, the inability of foreign airlines to repatriate funds, and the scarcity of aviation fuel.

He said NCAA recorded major milestones during the period, including the audit carried out by the US Transport Security Administration (TSA), the election of Usman as the chairman of the Banjul

Accord Group Aviation Safety Oversight Organisation (BAGASOO), and the appointment of four Nigerians as International Civil Aviation Organisation (ICAO) certified security auditors.

Usman said NCAA has commenced the aerodrome certification of the Lagos and Abuja airports, the completion of phase three of the aerodrome certification programme, certification of air navigation service providers (the Nigerian Airspace Management Agency, NAMA), and the audit of aerodromes and heliports in the country.

He also disclosed that the regulatory authority has automated its personnel

licences and was successful in the ICAO Universal Safety Oversight Audit Programme (USOAP), adding that in the area of consumer protection, NCAA received 7,281 complaints from passengers on foreign airlines in 2015 and of these, 4,343 were processed and resolved.

“In 2016, 2,236 complaints were received and 1,792 were resolved,” Usman said.

The Director-General also noted that the non-availability of aviation fuel continues to linger, “there are also weather related operational hiccups, increase in delays and cancellations, and increase in complaints from domestic passengers”.

Lagos to Use Art, Tourism to Boost Economy Lagos State Deputy Governor, Dr. Idiat Oluranti Adebule has disclosed that the just concluded three-day Rasheed Gbadamosi Eko Art Expo organised by the state government was aimed at using tourism, entertainment and the creative arts to boost and stimulate the economy of the state.

Speaking during the closing ceremony of the exhibition

held at Eko Hotels, Victoria Island, Lagos, the deputy governor stated that the event was a further demonstration of the current administration’s resolve to run an all-inclusive government where everyone is a major stakeholder with the opportunity to contribute to the social, economic and political growth of the state.

Adebule, who expressed satisfaction with the

organisation of the art expo, promised that the state government would work towards making it an annual event in order to sustain and maintain an enduring relationship with the arts sector so as to harness its economic benefits for Lagos.

While promising the state government’s support for genuine innovations and creativity that can enhance

individual development, the deputy governor called on more artists and exhibitors to come on board and take full advantage of the enabling environment provided by the state government to develop their potential.

She applauded the organising committee for allowing student artists to showcase their work alongside top and already

established artists, stressing that the efforts will not only serve as a morale booster for students, but encourage them to do better.

Earlier, the state Commissioner for Overseas Affairs and Investments, Prof Ademola Abass said the expo was primarily put together to commemorate the passion and dedication of the late Chief Rasheed Gbadamosi to

the arts and also to recognise his contributions to the development of the state, especially his commitment to Lagos State @50 celebration as co-chairman.

Abbas disclosed that the Eko art expo was the beginning of a series of activities and events lined up for the Lagos @ 50 celebrations coming up in May 2017.

full value chain of the oil and gas industry and nonenergy sector in Nigeria .

The group operates seven main subsidiaries- Century Exploration and Production Limited, Century Ports and

Terminals Limited, Century Real Estate and Logistics, Elmina Petroleum Limited and Global Manning Resources Limited.

Today, CG contributes about 10% of the national

daily production i.e. about 200,000boe/ bpd through provision of technical support services four ( 4) FPSO, Five swamp Area Flow Stations, 1 MOPU + FSO and Ten (10) Oil fields.

YINKA FOLAWIYO PETROLUEM TAPS CENTURY ENERGY ON AJE FIELD kilometres offshore Lagos), Aje field is an offshore oil and gas asset in the frontier of Benin-Dahomey basin in water depth of 300ft and commercial reserves of about 20 billion barrels.

The field was discovered in 1996 through exploratory drilling, 3D seismic acquisition and follow-on appraisal drilling spanning nearly two decades.

Aje field reached first

oil in May 2016, when it commenced production of commercial volumes of oil and gas from two wells.

Century Group is a Multi -operational company with interest and expertise in the

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TUESDAY JANUARY 31, 2017 • T H I S D AY

NEWS

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

Senate: We‘ll Avoid Pitfalls of 2016 Budget Process This Year New Senate leader briefs Osinbajo on budget

Tobi Soniyi and Omololu Ogunmade in Abuja As the National Assembly opens 2017 budget defence today, the Senate has assured Nigerians that it will deploy all powers within its reach to avoid a repeat of the woes which accompanied the 2016

budget process.

The 2016 budget process was the most controversial appropriation process in Nigeria’s history as it was characterised by a range of controversies which began with secret swapping of the budget by the executive, replacement of the initial document by President

Osinbajo, Dogara, Okorocha Meet behind Closed-doors Imo gov asks Igbo to wait for Buhari to complete his two terms Tobi Soniyi in Abuja Vice President, Yemi Osinbajo, yesterday in Abuja met behind closed doors with the Speaker of the House of Representatives, Yakubu Dogara, and the Chairman of the Progressives Governors’ Forum and Imo State Governor, Rochas Okorocha.

The meeting, which lasted for about 30 minutes, was held inside Osinbajo’s office at the Presidential Villa. At the end of the meeting, Dogara said he only accompanied Okorochar, to visit Osinbajo.

He would not volunteer further questions from journalists.

Speaking on the call for Igbo to produce the next president, Okoroha told State House correspondents that Igbo should wait until the end of the administration of President Muhammadu Buhari.

He said: “What I do know is that Ndigbo should talk about presidency after President Buhari.

I think we should support this government.

“President Buhari has a tenure to work for, four or eight years.

“According to the zoning arrangement everybody should follow it, although I am not an

advocate of zoning.”

He also spoke on the state of the APC in the South-east saying, efforts were ongoing to reposition the party in the zone.

Okorocha maintained that some governors in the zone would be joining APC soon.

He said: “The APC as a party is strong in the South-east. We are trying to rebuild the party and redefine leadership so there will be no confusion.

“As to whether the APC in the South-east is in disarray as the case has always been, we want to have a united party in the zone. “We are hopeful from all discussions that about two governors will be joining us in the South-east to strengthen the party.

“Right now, we have agreed that Senator Ken Nnamani should take a lead of the party in the Southeast to enable us have a common understanding, along with other leaders like Chief Jim Nwobodo.”

However, when told that some governors had denied his claim, Okorocha said: “I don’t think it is true, but if it is true it is probably because it is not time. It could be because I spoke when they were not yet ready.”

Apostle SulemanVisits DSS, Leaves after 30 Minutes Senator Iroegbu in Abuja The fiery General Overseer of Omega Fire Ministries, Apostle Johnson Suleman, was allowed to go home after honouring the invitation of the Department of State Services (DSS) for inciting statements against the Fulani herdsmen.

Security sources informed THISDAY that the pastor, who was discreetly ushered into the DSS headquarters in Abuja, did not spend more than 30 minutes before he was allowed to leave, with a caution to desist from making inflammatory statements.

The source revealed that Suleman was advised that as an influential clergyman with a huge following, he should avoid making comments that could lead to violence.

“The pastor, however, insisted that he is not a politician nor does he encourage or like violence. He said he was naturally angry at the federal government’s silence at the killings

of Nigerians, mostly Christians, by the Fulani herdsmen, and that he only called for self-defence against them.

“So basically, the visit was very brief, approximately only 30 minutes and he left quietly around 3p.m.,” the source added.

Meanwhile, another source close to the embattled cleric said he was airborne at 10a.m. yesterday, the time he was stipulated to arrive at the DSS headquarters.

Afterwards, he was said to have headed to the National Christian (Ecumenical Centre) Church in Abuja, where he addressed some youths of the Christian Association of Nigeria (CAN) before heading to the DSS. At time of this report, Suleman was having a meeting at an undisclosed location in Abuja with the leaders of the Pentecostal Fellowship of Nigeria (PFN) led by their President, Rev. Felix Omobude.

Cont’d on page 36

Muhammadu Buhari, as well as alleged padding of the budget by both the executive and the legislature.

However, Senate Leader, Ahmad Lawan, told journalists in National Assembly yesterday that this year’s budget process would be devoid of rancour witnessed in 2016 because both arms of government had learnt their lessons.

Lawan said part of the efforts being made by the Senate to ensure that it plays its own role decently this year is the schedule of a meeting by the Senate leadership with committee chairmen today to discuss how a seamless budget process will be achieved.

“The leadership will meet tomorrow (today) with committee chairmen on the way forward for the budget. After the meeting, committees will begin the budget defence. We don’t envisage any issue. Everybody has learnt his lesson. We are all working for the smooth passage of the budget,” Lawan said.

He added that the meeting would help to prepare the committee chairmen ahead of the take-off of the budget process with a view to guaranteeing a crisis-free budget process and smooth passage.

After the budget scaled second reading on the floor of the Senate last Thursday, Senate

President, Bukola Saraki, tasked the Appropriation Committee and all its sub-committees to factor into the appropriation process the useful contributions of his colleagues during the debate.

He also said the leadership of the Senate had opted to bring into the 2017 budget process, two innovations meant to enhance the budget process. The innovations are a meeting with the committee chairmen today and a public hearing scheduled to hold on February 7 and 8.

He also tasked the committees to review the proposed expenditure in a way that could pull Nigeria out of economic recession and

simultaneously lay the foundation for inclusive growth and the pursuit of made in Nigeria products.

Saraki also enjoined the committees to ensure that the budget was well scrutinised to the extent of discovering fraudulent duplication of items such as computers and cars there-in.

Saraki said: “The committees should please be very vigilant on these areas to block leakages.

The other area is the issue of independent revenue and to ensure that more money can come in to government coffers. In the area of infrastructure as well and that is

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PROUDLY NIGERIA

L-R: Chairman of UBA Plc, Mr.Tony Elumelu; Minister of Information and Culture, Mr. Lai Mohammed; Director, UBA Plc and Proprietress of Head-Bridge HouseCollege,Ikoyi,Mrs.FolukeAbdulrasaq;andGroupManagingDirector,UBAPlc,Mr.KennedyUzoka,duringthepremiereof RedTV’sOurBestFriend’s Wedding,supportedbyUBAPlc,inLagos....Sunday

FG Disburses Soft Loans to 23,000 Artisans,Traders Tobi Soniyi in Abuja As part of the present administration’s Social Investment Programmes (SIPs), the federal government has disbursed loans to 23,400 beneficiaries in 13 states and the Federal Capital Territory (FCT) under the Government’s Enterprise and Empowerment Programme (GEEP).

Also yesterday, the presidency said it was not true that there were payment issues or food rationing taking place in states where the Homegrown School Feeding Programme has kicked off.

The Senior Special Assistant to the Vice President on Media and Publicity, Mr. Laolu Akande, disclosed this yesterday in a statement.

He gave the names of the states as Adamawa, Akwa Ibom, Delta, Ekiti, Kogi, Kwara, Niger, Lagos, Osun and Ogun.

Others are Oyo, Ondo, Rivers and the FCT. The micro-credit scheme is a no-interest loan scheme with only a one-time five per cent administrative

fee for costs.

The loan is targeted at microenterprises: traders, artisans, market men and women, entrepreneurs, farmers with the involvement of cooperatives and executed through the Bank of Industry, (BoI.) Akande said although over 23,000 people had benefited from the loans, altogether, over one million people had already enrolled for the programme across the country and were expected to benefit this year.

He said: “To facilitate the loan disbursement, four payment providers have been signed-on for the programme mostly in the urban areas. The next wave of payment providers, coming on stream by March 2017, would provide a much wider coverage in the rural areas.”

The Vice President aide also announced that about 8,436 market associations and co-operatives nationwide had been registered for this scheme through the web portal (www.boi.ng/market), as well as through paper application forms.

He said the loans ranged from

N10,000, to N100,000 per applicant.

While the loans would be paid directly to individuals, they are expected to belong to registered associations and/or cooperatives as the case may be, to ensure that they are peer-endorsed as credible, and to facilitate timely repayments.

All beneficiaries are expected to have BVNs and bank accounts.

On the National Homegrown School Feeding Programme, Akande said actual feeding of pupils was expected to commence this week in Ogun and Oyo States, while Ebonyi State will soon follow suit.

He said: “Contrary to insinuations in some quarters and inaccurate reports in some sections of the media, there are no payment issues or any kind of food rationing taking place in states where the Homegrown School Feeding Programme has kicked off.

“While the federal government has paid all approved cooks based on the number of pupils allocated to each cook, it is the state that provides the number of pupils to be fed. And where

those figures change, the next batch of federal government payment would reflect it.

“Specifically, where the number of pupils increase, the state will communicate the increase and approve the review. The numbers of the new pupils are then physically verified, before a commensurate number of cooks are engaged, trained and then paid.

“The federal government has also adopted a system where it pays the cooks a 10-day advance payment for feeding. The programme is designed to ensure that no cook feeds more than 150 pupils a day, but in some cases, the numbers are as low as 35 children per cook.

The meal which must be sufficient and nutritious is costed around locally sourced items and approved by the State under the N70 per child provision by the federal government. Food quality is monitored at the school level through the head teachers, the Parent Teachers Association, (PTA), and the state monitoring teams.

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TUESDAY JANUARY 31, 2017 • T H I S D AY

NEWS

House C’ttee Queries CBN, Others over Royalties, Signature Bonuses Paid for Oil Blocks NNPC to provide 25 years PSC remittance records to N’Assembly Damilola Oyedele and Chineme Okafor in Abuja

The House of Representatives ad hoc committee on Oil Prospecting Licences (OPLs) and Oil Mining Licenses (OMLs) has queried the Central Bank of Nigeria (CBN) on the status of payments of royalties, signatures bonuses and others fees in respect of several oil blocks by the beneficiaries.

Other agencies queried by the committee included the Department of Petroleum Resources (DPR), the Nigerian National Petroleum Corporation (NNPC), and the Office

of the Accountant General of the Federation (OAGF).

This is as the committee issued a one-week ultimatum to the apex bank and the agencies to submit all relevant documents related to transactions on the OPLs and OMLs. The Chairman of the Committee, Hon. Gideon Gwani (Kaduna PDP), at the continuation of hearing yesterday lamented that it remained unclear where the accounts pertaining payments on the OPLs are domiciled.

“The meeting by the committee with relevant agencies would enable

Emerald Energy Faults $45.7m Debt Allegedly Owed Chinese Firm Ejiofor Alike Emerald Energy Resources Limited, operator of Oil Mining Lease (OML) 141, has faulted the alleged $45,730,697.57 it was claimed to have owed Chinese Export and Credit Insurance (SINOSURE), describing the publications on April 7 and 14, 2016 editions of THISDAY as injurious and defamatory to its reputation.

In a protest letter by the law firm of TEMPLARS, which was addressed to THISDAY, the law firm said the offensive materials were

published against its clients with the active connivance of a firm of legal practitioners, Kusamotu & Kusamotu, which acted for China Export and Credit Insurance.

TEMPLARS stated that the words used in the publications “gravely injured the credibility and reputation of our client and have exposed it to hatred, contempt and lowered its estimation in the minds of its employees, investors, business partners, other stakeholders and all right thinking members of the society.”

the committee trace the accounts where fees have been lodged, how much have been paid and by whom, what company has paid and who has not, if such payment have actually been received by the government or not, as well as the balance if any,” he said. ‘…And we wrote DPR, give us this information, we want to trace if these monies got into your account or not. DPR also informed us that they wrote to CBN, two or three different letters and copied us the letters, because we started harassing them, that you people are refusing to give the information.

They said the information is not with them, its with CBN,” the lawmaker added.

Hon. Diri Douye (Bayelsa PDP) said documents submitted by the DPR and the Office of the Accountant General of the Federation have contradictory claims, as while the former claimed Cone Oil (beneficiary of OPL 257) has paid $100 million, the latter claimed the same money is missing.

“There are several contradictions contained in the document submitted to us by DPR and AGF and we must get to root of this matter. That is why we have asked the CBN to provide us with the statement of accounts of the DPR so we can be sure we got the right document from DPR,”

Douye said.

The Deputy Governor (Operations) of the CBN, Mr. Adebayo Adelabu, said the apex bank was surprised when it received letters requesting details of licensing fees, royalties and rents for the OPLs and OMLs, as it can only provide bank statements. “…We said how would we even know these details of payment.

Which is why we deliberately responded that no, we were not NNPC, we were not DPR, we would not know what payments came into their accounts. Go to them get the details, but they now asked for evidence of payments which is bank statements and we said, that is the right thing to ask for,” Adelabu said.

“Immediately we got the request, we contacted JP Morgan. We have an internal retention policy of seven years. We are in 2017 and they said that after seven years, they destroy the records. What we have done is to resort to our internal records and we have sent people to our archives to try and dig out this statements which JP Morgan cannot provide for now,” he added.

The Chief Operating Officer of the NNPC, Mr. Rabiu Bello, in his submission, said all fees regarding the OPLs and OMLs were paid into a central account in CBN. “When they produce oil, the

functional of that oil that is called royalty is lifted by NNPC, but paid into a central account in CBN given by the DPR. So that is the role of the NNPC in that discussion, but rent, fees, and all other fees are not taken care of by NNPC,” Bello said.

The committee’s mandate is to determine whether the award of all OPLs and all OMLs by the federal government, followed due process, and whether guidelines for the acquisition of oil and gas assets, were followed.

However, the NPPC has said it would provide records of the royalty remittances from Production Sharing Contracts (PSCs) it made to the DPR from 1992 till date to the National Assembly.

A statement from the corporation in Abuja said its Group Managing Director, Dr Maikanti Baru, said this when he spoke on the role of the NNPC in crude oil revenue collection processes at the committee hearing.

The statement was signed by its Group General Manager, Public Affairs Division, Mr. Ndu Ughamadu, who also said Baru was represented by Rabiu.

He said the NNPC was not involved in the collection of signature bonuses paid by oil companies to the federal government upon their successful

bid for oil blocks, but the DPR. Baru stated that existing arrangement allowed the NNPC to lift the royalty oil from PSCs and remit the proceeds to the DPR. He added that confirmation and reconciliation of royalty payments to the sister agency were carried out at the monthly meeting between the OAGF and revenue generating agencies.

The statement said the Chairman of the ad hoc committee Gwani, said the committee decided to invite all the agencies involved in the collection of oil revenues and the CBN to resolve the claims and counter-claims regarding the whereabouts of some signature bonuses and other revenues from some OPLs and OMLs. He explained that the committee was mandated by the House of Representatives to investigate the award of all OPLs and OMLs granted to oil companies by the Federal Government, to among other things, ascertain whether due process and guidelines for the acquisition of oil and gas assets were complied with.

The statement added that other agencies invited for the hearing included the DPR, CBN, Office of the Accountant General of the Federation and the Petroleum Training Development Fund (PTDF).

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T H I S D AY TUESDAY, JANUARY 31, 2017

COMMENT

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

LESSON OF A RUMOUR

E

Gozie Irogboli argues that the rumour of President Buhari’s death holds lesson for Nigeria

arly last week, the news of the purported death of President Muhammadu Buhari who was on medical vacation in London was rife on social media and other informal communication platforms. When the said news filtered in, I took it for what it really was: a rumour. First, he was on medical leave in London, not Daura and if anything had happened to him under the nosey eyes of the ever-vigilant BBC and Sky News reporters, it would have been world news. Secondly, President Buhari is a Muslim and by the Islamic ordinance, a dead body is not supposed to be kept beyond 24 hours without burial and so if he were dead as rumoured, his body would have been brought home immediately for burial.

However, much as the purported news of the death of the president was a rumour, we must not lose sight of the lesson to be learnt from it. For Nigerians, a people that believe it is bad to speak ill of the dead to be dancing and jubilating at the news of the demise of their president is a clear indication that the regime of the president has not met their expectations and this is something the presidential aides should communicate to him in clear unmistakable terms. I was appalled when I read in one of the national dailies about a threat from the presidency to punish those behind the death rumours. This is not the first time the premature obituary of somebody in authority has been spread. In fact, it happens regularly and it provides a useful gauge of the popularity or otherwise of the personality involved.

No doubt, the role of the personal aides of the president is not only conflicting but counterintuitive and it is fueling the undesirable rumour.

Information from the Presidency as reported in the news media states that the president was neither sick nor in the hospital thereby contradicting the report last week that the president was embarking on a 10-day vacation for health reasons. Again, the Special Assistant to President on Media and Publicity Mr. Femi Adesina, averred that Nigerians have no right to ask the president about his health status. I must say that Nigerians have every right to know the condition of the person whom they have entrusted with the responsibility of taking decisions that affect their lives and destinies.

Evidently, the job of the president is daunting and taxing physically and mentally; it is neither for the sickly nor the physically incapacitated, so it is imperative that they be informed appropriately about the condition of the president. Nigerians deserve the right to know the true state of the health of the man they have elected to govern them. The continued silence of the Presidency on the matter fuelled the debilitating rumour. Nigeria has a large population of gullible citizens who not only believe rumours but luxuriate in spreading them.

Most times, Leaders fail not because they are not willing or able to perform but because of overzealous personal aides who fail to advise them accordingly. For parochial reasons, some sycophants indulge in eye-service and praise singing instead of rendering the needed advice. For selfish reasons too they fence the leader from well-meaning individuals.

Some spend time pointing out imaginary enemies instead of good ideas while some will create enemies for the leader. Some under the guise of protecting the leader will build an impregnable wall between the leader and his people. A good adviser or aide is expected at all times to

THIS IS NOT THE FIRST TIME THE PREMATURE OBITUARY OF SOMEBODY IN AUTHORITY HAS BEEN SPREAD. IN FACT, IT HAPPENS REGULARLY AND IT PROVIDES A USEFUL GAUGE OF THE POPULARITY OR OTHERWISE OF THE PERSONALITY INVOLVED

carry out actions and programmes that are supposed to lubricate the administrative process and make the job of the leader easier.

Good people care about how people talk about them after their departure. When one learns in advance about how he is going to be mourned, it is expected that he would make necessary adjustments.

Steven Covey, the author of the seminal book: The Seven Habits of Highly Effective People advised that one should cultivate attitude consistent with how one wished to be described when one is lying in state. Alfred Bernhard Nobel (1833 – 1896), a Swedish chemist, inventor and philanthropist, devoted the enormous wealth he made from manufacturing explosives to philanthropy by establishing the Nobel Prize because in 1888, when he lost his elder brother Ludvig, the press erroneously published his obituary describing him as the merchant of death for inventing dynamite. It was the cruel Herod who ruefully aware of the fate that awaited him at his death who signed a decree authorising the execution of some prominent citizens in Palestine of his time on his death bed so that upon his inglorious exit from this world, instead of the people celebrating their freedom by singing and dancing, they would wail and mourn for the eminent citizens whose death warrant he had signed.

Nigerians are clearly disenchanted about the sorry state of affairs in our country at present as epitomised by the jubilation instead of mourning at the rumoured death of the president. But some are really not surprised. I must say that I did not only expect what is happening now; I predicted it long before now. I deliberately refused to comment on the current state of affairs in the country in the last 20 months because I believe we need to give the president his time to perform since that is what Nigerians wanted. We need to pray and support the government since the success of the government will translate to our success too.

Thus, for the APC led government, I must say it is time for stock-taking. Can they honestly claim they have done well? The answer is practically no. The APC government has been distracted by the obsession to cling on to power at all costs instead of fulfiling its mandate of good governance to the people. Our hard-won democracy is seriously under threat as opposition and criticisms are stifled, court orders flouted with impunity, elections flagrantly rigged or declared inconclusive where it was possible to rig and national unity fractured by executive recklessness. The past 20 months have been wasted trying to hunt down opposition and muffle criticisms. If a smidgen of time and energy put into this wasteful venture is directed at confronting the challenges facing our country, our country will be the better for it.

Democracy thrives on vibrant opposition and freedom of expression.

It is objectionable trying to turn the country into a one-party state by intimidating members of the opposition into defecting to the ruling party. Nigerians desperately yearns for good governance based on the ideals of representative democracy. Nigerians want a government that will rule with equity and justice; that will take into consideration our distinctiveness and cultural diversity and will restore the country on the part of peace, prosperity and progress.

Irogboli is an economist and public policy analyst

LIKE ELEPHANT’S TRUNKS, LIKE WORLD’S TRUMPS

“

In trying to become objective, Western culture made objects of things and people when it distanced itself from them, thereby losing touch with them” G.E. Anzaldua.

“Sometimes people try to destroy you, precisely because they recognise your power. Not because they don’t see it, but because they see it and they don’t want it to exist”. Janet Mock.

Based on security information, only Donald Trump, Barack Obama and Hillary Clinton know the degree of insecurity the Russians had exposed the United States of America. Like Al Gore did to save the US from embarrassment, like Obama and Clinton did in the 2016 elections. It is also part of understanding how objectivity as demanded

by Congressman Lewis could be put on hold allow, first and foremost, harmony and peace to reign among multiple competing interests in a humanistic world, so as not to allow USA, the leader of this extant world, to be destroyed. The important fact remains that the US, among other nations, objectively stands as the only TRUMP of this planet earth the way diamonds and tusks/ trunks stand as sparkling and combative items; that is the trumps of the surface earth and that of the docile elephant when not provoked to rage.

Whether the rest of the world likes it or not, aware of it or not, the Caucasian race is at rage and President Donald Trump is expressing it mildly to avoid escalation. He is now the president of the most powerful nation and he had already wondered what the press wanted to do of him as if the world was returning to German Nazi.

Thank God for that awareness coming from him.

We know what it means to go back to that stage.

President Trump should be given the benefit of doubt, writes Victor C. Ariole Putin, his avowed ally, knows that also. Even as a Caucasian from a distant core, Putin seems to be excluded in restoring the Caucasian supremacy and Trump sees him as the best ally and it is necessary to give them the benefit of doubt as long as they would not send the world back to Nazism.

Putin has demonstrated that he is willing to reboot the engine of the world for a better a take-off into a better civilisation. As an African adage goes, the fight between a swarm of flies and a herd of elephants does not always end the winner the big.

Putin, throughout the presidency of Obama had proved that he can create tremor in USA if USA fails to cooperate with Russia. Apart from crossing the red line in many cases involving it with the US, what happened in the space last year where occupants of a US spacecraft were scampering to take shelter in a Russian spacecraft as theirs was in trouble says how Russian could go to hack or bully for relevance seeking goals. The fact that the USA citizens were received with open arms the way Snowden and WikiLeaks were applauded

by Russia is quite worrisome. These are issues the ordinary nations might never understand just as no scientist of the third world or developing nation is able to explain to their citizens why the earth had a shock that caused a slight shifting as the sun rose and set differently from usual angles than before, culminating in a mighty rock, or dead star or black hole or comet, whichever way you see it, landing into the Atlantic ocean on September 16, 2016.

President Trump has effectively understood the Russian gimmicks and possibly care for collaboration to avert worrisome situations. It is also important to note that Putin is very much

interested in religious doctrines nowadays having decided to be carrying Bible about and clearly asserting that there is no morals that is not derived from religious teachings. It is quite in contrast with young Americans who look down on religious-minded people to a point they started questioning the insertion in their currency ‘In God we trust’; a great acknowledgement of their founding fathers in the greatness of the Almighty the way Pence’s wife, the vice-president, had to acknowledge as well as the profuse prayer session that went on at Trump’s inauguration. Again in support of showing love in all adversity, the son of Rev. Martin Luther King in paying visit to Trump in the Trump towers never saw it as disobeying congressman Lewis who called for boycott but felt there was need to move forward in love as their religion preaches. The good thing about USA and what makes it the trump of the world is that in two years, there will be partial elections for Congress and Senate and Americans will show concern for which party they want to lead them.

The other fact of history that can never be wished away is that in making USA, many races were made to suffer and the Caucasian race was not exempted from the suffering as Obama reminded Trump that he needed to explain to young Caucasians that their losing grip of supremacy had to do with what technology is doing to the world economic landscape.

Attacking non Caucasians like Trump is doing is beyond anyone’s fault, like seeing a Nigerian in the harshest region of USA, Alaska and exclaiming and asking what he is doing in a place expected to be a reserved zone. A medical doctor empowered by a Caucasian invention and trying to be helpful

to the Caucasians! Again seeing the same people in Huston, the juiciest region of USA, was quite disturbing and who says there was no reason for him not to be worried; it calls for dialogue not fight. The feelings of Trump was also heard from the mouth of a young Alaskan I witnessed saying “my ancestors created a great civilisation serving the entire world only to revert to Father Christmas living their progenitors in a beggarly state. Well the world had witnessed many civilisations and the Caucasian one is a cumulative part of it hence the heritage is for all humanity and that is why there are people like Angela Merkel and Theresa May. Like Angela Merkel like Theresa May, both children of Christian clerics, they must strive hard to put forward the real trumps of this planet earth, the female breast milk that nurtures humanity and the female sense of altruism for the sustainability of human race. Like Susan Taylor says, ‘In every crisis there is a message; it is nature’s way of forcing change, breaking down old structures, shaking negative habits so that something new and better can take their place.

The world as led currently by USA had been built on great sins and great repentances which had resulted also in relative great civilisation.

Seemingly, it has been assumed that Nazism, fascism had been quelled by binary efforts of the then USSR and Allied forces led by USA, Britain and France. The world should give President Trump the benefit of doubt and see if the trumps of this planet earth could be reinvented in realignment of a remnant USSR and USA, as long as they remain elephants - docile never to be provoked to rage.

Ariole is a Professor of French and Francophone Studies,University of Lagos

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T H I S D AY • TUESDAY, JANUARY 31, 2017

EDITORIAL SUICIDE IN THE POLICE

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The rising cases of suicide has become a national challenge

orried by the increasing rate of suicide among its officers and men, the Inspector General of Police, Mr. Ibrahim Kpotum Idris, has prescribed a closer relationship within the Force. “The IGP has asked us to now go close to our officers as well as the rank and file to know what their problems are because the level of suicide within the police is getting higher.

Police officers are killing themselves without knowing what the problems are”, said the Assistant Inspector General of Police Zone 5, Abubakar Mohammed last week.

Although Mohammed gave no figure of the number of policemen affected in recent times, available reports indeed indicate that the number may be high. Just last month, an Assistant Commissioner of Police committed suicide in Benin, Edo State by shooting himself in the head with his service pistol at his residence. While we therefore commend the IGP for trying to find a soTHE NATION’S PRESENT lution to the problem, SOCIO-ECONOMIC it is important for him ENVIRONMENT COULD BE to understand that it A PREDISPOSING FACTOR is not peculiar to the TO DEPRESSION AND police, it is a national PERHAPS SUICIDE challenge.

As we highlighted in a recent editorial, there are many theories as to why some Nigerians now take their own lives. The nation’s present socio-economic environment could be a predisposing factor to depression and perhaps suicide. And since there is enormous emotional and financial stress as well as pervading poverty and hopelessness everywhere, there is also the need for the authorities to begin to examine some of the causes with a view to finding remedies for them.

According to some recent statistics from the World Health Organisation (WHO), no fewer than a million people die annually from suicide, which represents

Letters to the Editor

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a global mortality rate of 16 people per 100,000 or one death every 40 seconds. Even more ominous is the fact that there are an estimated 10 to 20 million attempted suicides every year. What worries though is that our citizens have also joined the list. From jumping into the lagoon to hanging self with rope or electric cable, Nigeria is becoming a country where so many things that were in the past considered taboo now happen virtually every day—and these include the extreme act of deliberately taking one’s life.

D T H I S DAY

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

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

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

epression, according to experts, is the most common reason why people commit suicide though it would appear that neither the society nor the critical agencies of government are paying attention to this malaise. There are also other reasons why people take their own lives and devastate members of their family and friends with shock. According to Wikipedia, the free Encyclopedia, underlying mental disorders such as schizophrenia, excessive alcoholism, drug abusive play significant role in triggering suicidal thoughts. Schizophrenia is a disease with a wide range of weird symptoms like hallucinations, inner voices, disordered thinking and irrational fears and “emotions that seem out of tune with reality”.

Today, the use of hard drugs - particularly Indian hemp, cocaine and even methamphetamine is commonplace in the society--drugs whose adverse effects range from depression to suicide. Indeed, manic depression, an emotional seesaw, oscillating between exhilarating highs and devastating lows, is cited as one the reasons why there are so many mad men and insanity out there in the streets.

However, breakthroughs in science and medicine have brought hope that many mental patients can lead normal and productive lives. So are suicide victims if help can reach them early enough. Depression, one of the main culprits of suicides is treatable.

This is why we call on all authorities to take out for rehabilitation the mentally challenged who roam the streets. Public officials at all levels should also by way of good governance pay serious attention to the

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

THE SILENT REVOLUTION IN LAGOS EDUCATION SECTOR

ood and well-structured educational system is one of the vital factors in the socio-economic development of any nation. Education is regarded as critical instrument in the battle against poverty. It empowers the individual with necessary knowledge and set of skills to actualise potential and maximise opportunities in life. It is for this reason that governments across the world devote a good chunk of available resources to the development of the educational sector.

In Nigeria, Lagos is the state with the highest number of public schools, students and teachers. It has consistently been churning out the highest number of candidates for public examinations in Nigeria since 1967. As a melting point with a bourgeoning population in excess of 20 million, provision of qualitative education in Lagos State has been a daunting task.

But to the praise of successive administrations especially from the period of Alhaji Lateef Jakande, who first introduced and successfully implemented free education policy, the state has been able to stand tall as a model for other states.

However, one peculiarity about Lagos as with other mega cities is that work and investment on infrastructure as well as human and physical development is always work in progress.

The current administration in the state clearly understands that the task of making Lagos State “the model of excellence in the provision of education in Africa” requires meticulous attention.

To this end, the sum of N92.4 billion, representing 11.37 per

cent has been allocated to education sector in the state budget for 2017.

Government has directed the policy toward ensuring equal educational opportunity in the state, encourage parents who might otherwise neglect their children’s education to send their children to school and making education affordable for everyone. So, within the half- time of the administration’s tenure, the wheels of what is mutating to be a historic education revolution in Lagos were rolled off with aggressive rehabilitation of public schools throughout the length and breadth of the state. Several hundreds of classroom blocks have been built and renovated while thousands of students and teachers furniture supplied to various primary and secondary schools.

In line with the commitment of the present administration to expand access to knowledge for Lagosians, the state’ science laboratories are now better equipped and the enthusiasm of students to be science inclined has become very high with a lot of success recorded. Equally, the state government has completed the renovation and upgrade of public libraries in 18 secondary schools across the state with top class facilities. Lagos Digital Library, an online repository of education content, is ready and will as well be launched in February, 2017.

The Lagos State Government appreciates that as much as physical infrastructure is important, adequate and quality teachers in schools are as important. Thus, as part of measure to bridge the gap in the teacher/pupil ratio in the state, the government recruited 1,300 teachers for primary schools while

another 1000 teachers were recruited for public secondary schools in 2016. Similarly, government has been paying attention to teachers’ welfare.

Also, from April 2017, Code Lagos centres are to be launched in 500 primary, secondary and tertiary institutions (private and public) across the state, as well as in all public libraries and ICT spaces. The ultimate goal is for one million students in the state to have access to the coding system by the year 2019.

Cheeringly, the dividend of the state’s investment in education is paying off. Recently, the Lagos State Science Competition team emerged the overall “Best State Team” at the 2016 National Festivals of School Science Competition held at Ado Ekiti. The team won the frist, second and fourth prizes, a feat that qualified the state to represent Nigeria at the 2016 International Science Exhibition Fair (ISEF) in Phoenix, Arizona, USA in May, 2016. Three of the six best projects at the festival were from Lagos State.

Earlier in 2015, Lagos schools also emerged as the overall best at the 2015 National Robotics Competition held at the Oriental Hotel, Victoria Island, Lagos and this qualified the state to represent Nigeria at the 2015 World Robot Olympiad (WRO) in Doha, Qatar. Six students from the state public schools were presented with medals at the 2015 National Science and Mathematics Olympiad Competition held at the International Conference Centre, Abuja.

Rasak Musbau, Lagos State Ministry of Information and Strategy, Alausa, Lagos

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T H I S D AY • TUESDAY, JANUARY 31, 2017

POLITICS

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

EXECUTIVE BRIEFING

Onnoghen Still in Limbo

Next week, the three months tenure of Justice Walter Nkanu Onnoghen as acting Chief Justice of Nigeria will expire, raising questions on why President Muhammadu Buhari has still not taken steps to confirm him in a substantive capacity. Davidson Iriekpen writes

F

ew days to the expiration of the three months tenure of Justice Walter Nkanu Onnoghen as the acting Chief Justice of Nigeria (CJN), there is anxiety in the judiciary over the failure of President Muhammadu Buhari to forward his name to the Senate for confirmation in substantive capacity as the head of Nigeria’s judiciary.

Onnoghen was sworn as acting CJN precisely on November 10, 2016 following the retirement of Justice Mahmud Mohammed, who attained the mandatory retirement age of 70.

Ordinarily, the appointment should not raise any issue but in the face of the existing circumstances, even those in the judiciary are becoming suspicious. Many observers feel that the president simply appointed him in acting capacity to ease off pressure.

The National Judicial Council (NJC) had on October 6, 2016 recommended Onnoghen to President Buhari as the successor to Justice Mohammed. But rather than immediately forwarding the name to the Senate for confirmation, the president kept the nation in suspense till when he appointed him in acting capacity on November 10. By February 10 the appointment will lapse based on constitutional provision.

Though analysts believe that the president has the powers to appoint a CJN in acting capacity, they however argued that there was no constitutional basis for Onnoghen to be appointed in acting capacity when the coast was very clear for him to be appointed in full capacity, based on the recommendations of the NJC and subject to confirmation by the Senate Section 231(1) of the 1999 Constitution (as amended).

Section 231 (1) of the 1999 Constitution (as amended) gives the president the power to appoint the CJN on the recommendation of the NJC subject to confirmation by the Senate.

Section 231 (4) of the Constitution provides that where the office of the CJN is vacant or the person holding the office for any reason is unable to perform the functions of the office, the president shall appoint the most senior justice of the Supreme Court to perform those functions until a person is appointed and has assumed the functions of that office.

Without doubt, Justice Onnoghen is currently the most senior justice of the Supreme Court.

The argument in different quarters is that in all the instances where the constitution talked about offices being vacant, and that the courts have interpreted such provisions, vacancy has always implied death, resignation, impeachment or any similar situation and not a generally expected expiration of tenure.

The argument is predicated on the fact that the retirement age of Nigerian judges is easily traceable with their age and birthdays.

Justices of the Supreme Court, including the CJN, vacate the office upon reaching the age of 70. Just as members of the public do, all present members of the bench know the respective days they will quit office and so does the president.

With the expiration of his tenure on November 10, 2016, being an open secret, the immediate past CJN as the Chairman of the NJC had supervised the replacement process as required by the constitution. He forwarded the NJC’s recommendation of Justice Onnoghen as the next CJN to President Buhari on October 14, 2016 but unfortunately, three months after, the president has failed to transmit a letter to seek the approval of the Senate for that appointment.

In appointing the last CJN, Justice Mohammed, the NJC sent its recommendation to former

Buhari...on the path to another controversy

President Goodluck Jonathan on October 29, 2014 and by November 12, 2014, Jonathan had sent a letter to the Senate for approval of Mohammed’s appointment. The Senate confirmed the appointment on November 19, 2014 and so by November 20, 2014 when Justice Aloma Mukhtar was bowing out of office, there was a substantive successor in place.

Same was the case when Jonathan appointed Justice Mukhtar to replace Justice Dahiru Musdapher as CJN. The former president had sent her nomination as CJN to the Senate on July 4, 2012 which confirmed her appointment on July 11, 2012. By July 15, 2014 when Justice Musdapher was exiting the office, there was a substantive CJN.

There is more to this acting CJN appointment than meets the eye, and in my opinion, it could be that President Buhari never wanted Justice Onnoghen as a substantive CJN because he is from the South-south, or they want to use his pending appointment as substantive CJN to make him do their bidding

Onnoghen...still waiting

This is why the current refusal by President Buhari to appoint Justice Onnoghen is raising dust. Recall that a few months to the retirement of Justice Mohammed, tension had enveloped the judiciary over alleged plans to truncate the seniority rule at the Supreme Court.

Investigations had revealed that some forces were plotting to alter the seniority rule that would probably see Onnoghen, who was the second-in-command at the Supreme Court, take over after Justice Mohammed retired from the bench on November 10. The forces trying to truncate the seniority rule at the apex court had argued that anybody appointed to be CJN must not necessarily be the most senior justice of the Supreme Court.

Part of the reasons why the forces were against Onnoghen’s ascension to the CJN office, it was gathered, was because they were not favourably disposed to having a southerner as a CJN for a whopping four years, and the allegation that members of the ruling All Progressives Congress (APC) in the South in collaboration with their northern cohorts want to have adequate control of the judiciary ahead of the 2019 elections.

When confirmed, Justice Onnoghen would be the first CJN from the southern part of the country in 30 years. The last southerner as CJN was Justice Ayo Irikefe, who held the position between 1985 and 1987.

The plot further gathered momentum when the APC expressed anger with the Supreme Court’s favourable verdict for the opposition Peoples Democratic Party (PDP) in most South-south states. Sources said the party is still shocked that the Supreme Court decided against its governorship candidates in Rivers, Akwa Ibom, Taraba, Delta and Abia States.

Against this backdrop, there is a strong perception in the APC that the current crop of Supreme Court justices are pro-PDP and any attempt to make one of them the CJN would spell doom for the ruling party in future elections. They also alleged that the justices of the court are corrupt and should be headed by someone from outside, who is comfortable and cannot be tempted cheaply.

As a final push to stop him from assuming the exalted office, analysts recently alleged that

Justice Onnoghen was a target in the recent raid on the houses of judges but by a stroke of providence, operatives of the Department of State Services (DSS) who conducted the raid, missed his residence.

By refusing to transmit a letter to the Senate seeking approval for Justice Onnoghen’s appointment based on the recommendation of the NJC for over three months now, observers have argued that the president has not only unwittingly cast doubts on the value of that process, but has also strengthened the fears that there might indeed be plans to upturn the succession arrangement which has been followed at the Supreme Court over the years.

But to what end?

First to raise fears that Justice Onnoghen may not be confirmed was the Ekiti State Governor, Mr. Ayodele Fayose. He expressed reservations over the non-appointment of the jurist as the substantive CJN, claiming that his appointment in an acting capacity was “a grand plot to deprive him of his well-deserved appointment as CJN because he is from the South-south region.”

The governor also raised the alarm over those he branded ‘the cabal’ at the Presidential Villa, saying they might want to hold him (Onnoghen) by “the jugular, using his confirmation as substantive CJN to get him to assist them to pervert justice.”

In a statement issued in Ado-Ekiti by his media aide, Lere Olayinka, Fayose said it was strange that despite the fact that the NJC recommended only Justice Onnoghen to Buhari for appointment as the CJN, in line with its rules since October 14, 2016, his name was not sent to the Senate for confirmation.

He said this was the first time Nigeria would have an acting CJN despite the fact that Justice Onnoghen’s name was sent to Buhari early enough. He lamented that the presidency has subdued the National Assembly and is now in the last stage of muscling democracy by subduing the judiciary.

“At the time the NJC recommended Justice Onnoghen to President Buhari, it was 28 clear days to the November 10, 2016 retirement date of Justice Mohammed. Why then was CONTINUED ON NEXT PAGE

17

T H I S D AY • TUESDAY, JANUARY 31, 2017

PERSPECTIVE

LGs in Search of Autonomy Rinsola Abiola writes that the best option available to local governments to fulfil their constitutional mandate is to attain autonomy as canvassed by the Speaker, House of Representatives, Hon. Yakubu Dogara

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ocal government can be described as a collective term for local councils, and or an administrative body for a small geographical area such as a county or district. In Nigeria, local government is the third tier of government, and its statutory functions are spelt out in the Fourth Schedule of the 1999 Constitution. These include – but are not limited to – construction and maintenance of roads, provision of public conveniences, sewage and refuse disposal, the provision and maintenance of primary, adult and vocational education, the development of agriculture and natural resources (other than the exploitation of minerals), and the provision and maintenance of health services.

From the foregoing, the importance of gocal government in any democracy cannot be overstated, and it is believed – rightly so – that effective local government administration would help speed up the pace of development. In some democracies around the world, such as the United States (which provides a model for most), the local government structure is fully defined with council courts and police, while it is not in others. What most nations agree on, however, is that true autonomy – or that which is closest to it – further deepens democracy and positively impacts citizens through the attendant improvement in the quality of governance.

The topic of local government autonomy

Dogara...advocate of LG autonomy

Many keen observers of trends in governance opine that if local government councils had financial autonomy, thereby enabling them to fully execute their constitutionally defined mandate, there would be more development in rural areas. Being the tier of government that is closest to the people

is one which has generated a lot of debate.

During the Obasanjo administration, a technical committee was set up to look into the relevance, sustainability and viability of the local government system and while some advocated that it be completely done away with, the government opted instead, to maintain it.

There have also been different attempts by the legislature to grant autonomy to local governments, but such proposed amendments to the Constitution have failed to meet the required approval of 2/3rds of state assemblies. Speaking on these previous attempts, Speaker Yakubu Dogara - who is now championing the campaign for local government autonomy - recently noted that: “We [the House] attempted it in the 6th Assembly but most of the critical aspects of what we are talking about here did not scale 2/3rd votes from all the state assemblies in Nigeria.

In the 7th Assembly, however, this issue of autonomy of local government got endorsement of 20 state assemblies but, unfortunately, we needed 2/3rd, so we were short of four. So, it means that even if the President had assented to the Bill on constitution amendment, that aspect wouldn’t have scaled through.”

He also described local government administration in the country as “a system in crisis”,

and stated that: “since 1999, there has hardly been any local government that has lived up to its constitutional mandate.”

Pursuant to this, the House of Representatives has identified local government autonomy as a major issue in the ongoing Constitution review process. In order to achieve this, clauses which would grant financial and political autonomy to local government are being considered. This, the Speaker explained, saying that: “the only way we can rescue the local government system in Nigeria is by introducing amendments to the Constitution….What we can therefore do is to make sure that in the spirit of the Constitution, the local government administration is democratically elected to ensure that, by the provision of the Constitution, any local government that is not democratically constituted will not have access to funding from the federation account.”

Daily, citizens decry the terrible state of infrastructure in the most interior parts of state capitals and in smaller towns. Lack of infrastructural development has also been identified as one of the leading causes of rural-urban migration and many keen observers of trends in governance opine that if local government councils had financial autonomy, thereby enabling them to fully execute their constitutionally defined

mandate, there would be more development in rural areas. Being the tier of government that is closest to the people, local governments would also do a much better job of identifying areas in which intervention is most required. The Speaker also believes that a more effective and independent local government system would increase competition at that level and attract an even better quality of aspirants.

It was in response to Speaker Dogara’s impassioned advocacy for local government autonomy, that the leadership of the Nigeria Union of Local Government Employees (NULGE) paid him a solidarity visit on Wednesday, January 18, 2017. The president of the body, Comrade Ibrahim Khalil, spoke at length on the benefits that Nigerians stand to gain if the proposed amendments scale through, and some of the things he mentioned include improved healthcare and infrastructure. The Speaker, in his response, urged the union to engage with elected officials at state level, especially in State Assemblies.

Another cogent issue that autonomy would effectively fix is the dissolution of Local Government councils and subsequent appointment of caretaker committees by state governors. The question surrounding the legality of sacking elected council chairmen and appointing caretaker committees was put to rest by the Supreme Court judgment which described the move as “executive recklessness”. The decision by the apex court has, therefore, made it clear that state executives lack the constitutional backing to sack elected council chairmen, and this provides an excellent premise upon which the argument for the independence of the Local Government may also be based.

While stressing the need for independence, the Speaker acknowledged that; “We may not achieve that absolute independence since ours is a strong federation. It is not a weak federation like what you have in the United States where councils and states join money and then appropriate it and pay royalties in taxes to the Federal Government.”

Therefore, in a strong federation like ours, that level of autonomy would most probably be impossible to achieve, but that still does not and should not preclude us from working to grant as much independence as possible, and there would be no better place from which to begin, than from finance and democratic composition.

Many Nigerians focus on the federal government and demand interventions regarding the most basic challenges, but in the words of Calvin Coolidge, “what we need is not more federal government, but better local government.”

Rinsola Abiola, Special Adviser to the Speaker of the House of Representatives, Rt. Hon. Yakubu Dogara on New Media, wrote in from Abuja

ONNOGHEN STILL IN LIMBO his (Justice Onnoghen) name not sent to the Senate for confirmation? Why appoint him as acting CJN when his name should have been sent to the Senate between October 13, 2016 when he was recommended to the president and November 10, 2016 when Justice Mohammed retired?

“Obviously, there is more to this acting CJN appointment than meets the eye, and in my opinion, it could be that President Buhari never wanted Justice Onnoghen as a substantive CJN because he is from the South-south, or they want to use his pending appointment as substantive CJN to make him do their bidding,” the governor said.

Apart from Fayose, a cross-section of lawyers who have reacted to this issue in the past had faulted the refusal of the president to do the needful on the confirmation of Justice Onnoghen.

Speaking on the matter, shortly before the expiration of the tenure of the former CJN, a Senior Advocate of Nigeria, Sebastine Hon,

described Buhari’s delay in processing the confirmation of Mr. Onnoghen as “scary, to say the least.”

According to him, “The name of Justice Onnoghen, the next most senior justice of the Supreme Court, has since October, 2016 been forwarded to the president, who is expected, constitutionally, to forward it to the Senate for confirmation.

Till this moment, Mr. President has not forwarded Justice Onnoghen’s name to the Senate for confirmation. This is scary, to say the least.”

Speaking on Channels Television Sunrise programme recently, a renowned professor of law. Akin Oyebode, had viewed the president as “having a penchant for stirring up needless controversies.” He wondered why it is taking the president time to send the name of the acting CJN to the Senate for confirmation and keeping the nation in suspense.

On his part, a human right lawyer, Ebun-Olu Adegboruwa, has called for the intervention

of the Nigerian Bar Association (NBA), saying the body should urgently take steps to mobilise all lawyers and judges to demand for the appointment of Justice Onoghen as the substantive CJN. He said it would be unfortunate for the country if the most senior justice of the Supreme Court is not allowed to take over as CJN. “By section 233 of the 1999 Constitution, the most senior justice of the Supreme Court ought to be appointed as the Chief Justice of Nigeria, upon the recommendation of the NJC. The NJC forwarded only the name of Justice Onnoghen to the president, for presentation to the Senate for confirmation. The president has sat on that name even as the period for which Justice Onnoghen will function in office as acting CJN will soon expire.

“This is about the first time in the history of this country that a sitting president is openly defying the judiciary. Sections 4, 5 and 6 of the Constitution prescribes a separation of powers between the executive, legislature and

the judiciary. It would seem that the Buhari administration has an axe to grind with the judiciary generally. Right from its inception, the president had always stated that the judiciary was his headache. And with the ways that judges are being humiliated and harassed, then one is little surprised that the president is pleased to function without the judiciary.

“It will be totally unfortunate for our nation, should the most senior justice of the Supreme Court not to merit appointment as CJN. It is a collective challenge for all lovers of democracy to demand for the immediate appointment and sin of the acting CJN. The judiciary cannot continue to function without its leader, as this will affect the appointment and discipline of judicial officers and even cases in the apex court will suffer as a result of such likely vacuum. I therefore call upon the Nigerian Bar Association to urgently take steps to mobilise all lawyers and judges to demand for the appointment of Justice Onnoghen as the substantive CJN,” Adegboruwa said.

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TUESDAY, JANUARY 31, 2017 • T H I S D AY

FEATURES

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

Remembering NAF’s Forgotten Heroes Chiemelie Ezeobi writes that 25 years after the death of 158 persons onboard the C130 Nigerian Air Force 911 aircraft in the Ejigbo area of Lagos, the service recently immortalised the NAF crew of the ill-fated flight who died in the line of duty

The CAS, Air Marshal Sadique Abubakar and the AOC Logistics Command, Air Vice Marshal Ibrahim Yahaya (1st right), inaugurating the building

E

very year, on January 15, the Nigerian Armed Forces celebrates the Armed Forces Remembrance Day. This is a day set aside to celebrate the fallen heroes, who died in the line of duty while fighting to ensure the territorial integrity of the nation, whether on land, air or water is not breached or tampered with.

Keying into the spirit of the Remembrance Day, the Nigerian Air Force (NAF) thought it fitting to honour and immortalise the crew of the ill-fated NAF 911 Lockheed C-130H, that crashed barely three minutes after take from the Murtala Muhammed Airport in Lagos on September 26, 1992 and killed all 158 people on board including eight foreign nationals.

It was indeed a black day for the military.

Thus, on Friday, January 20, 2017, the Chief of Air Staff, Air Marshal Sadique Abubakar flew in from Abuja, alongside other senior officials to grace the ceremony where these deceased pilots and flight engineer of 1992 Ejigbo crash were honoured at Sam Ethnan NAF base in Ikeja.

Hosted by the Air Officer Commanding (AOC) Logistics Command, Air Vice Marshal Ibrahim Yahaya, the CAS described the memorial as another milestone project for the NAF personnel in Lagos.

Immortalising the Air Force Crew Given the high premium placed by NAF in honouring personnel who died in the line of duty, Chief of the Air Staff (CAS), Air Marshal Abubakar, while honouring some of the personnel that died over 25 years ago over 28 Nigerian Air Force (NAF) personnel died in the 1992 plane crash at Ejigbo, Lagos, said the officers embarked on a mission to save lives that morning but paid the ultimate price.

At the event in Lagos, the force honoured the pilots and engineer of the ill-fated C-130 aircraft that crashed by naming the newly constructed two blocks of six by three bedroom for married officers after late Wing Commanders Pere Alabosun (the pilot), Ali Mamadi (co-pilot) and Squadron Leader JA Adeiza (the flight engineer).

Abubakar, who inaugurated the buildings at the headquarters, Logistics Command in Lagos in his speech before the inauguration said: "Sam Ethnan NAF base, Ikeja, undoubtedly is the hub of NAF Logistics and hosts units that are considered critical to the successful conduct of NAF operations.

"It is therefore only appropriate that such a base received commensurate attention in terms of infrastructure and facilities development for the general well-being of its personnel, who play one of the most important roles in logistics support in the employment of air power. In this regard, we have continued to address the huge deficit in accommodation

The projects inaugurated are named after some of our colleagues who fell in the line of duty. They died during the C-130 air crash at Ejigbo on September 26, 1992

The CAS, Air Marshal Sadique Abubakar, addressing officers and men at the event

across the NAF. "These structures were constructed to address the inadequacy of houses in the base and in various units across the country. We are also embarking on massive renovation/ upgrading of existing quarters that were hitherto dilapidated in order to improve their conditions.

"While we strive to enhance you and your families' welfare, I urge you to rededicate yourselves towards giving back to the service nothing short of your optimum best and to make good use of the facilities provided while also ensuring that they are properly maintained "The projects inaugurated are named after some of our colleagues who fell in the line of duty. They died during the C-130 air crash at Ejigbo on September 26, 1992.

"Thus, the NAF in line with its statutory responsibilities has contributed greatly to the restoration of peace, security, humanitarian efforts and well-being of Nigerians. We have performed credibly well in all the ongoing operations we are engaged in.

"These were achieved through effective projection of air power in various operations to soften the ground for the surface forces, contribution of troops for internal security, improved personnel welfare, training activities both within and outside the country as well as providing basic infrastructure facilities to enhance service delivery."

The occasion also afforded the CAS the opportunity to address the accidental bombing of Internally Displaced Persons (IDP) camp in Rann, Borno State. According to him, the incident occurred while the personnel were on a mission to protect the very IDPs. He said, "Although remarkable successes were achieved, the incident of January 17 in the North-east is highly regrettable and unfortunate. The days between the incident and now have been the most painful for us.

However, we take solace in the fact that it was in a bid to secure this same victims that this sad incident occurred.

"We are reviewing our processes to unravel how this sad incident could have occurred and to prevent future occurrences. I urge you not to be discouraged by this unfortunate incident but rather, we will continue to strive harder to secure our communities and add value to our societies."

Earlier, the AOC Logistics Command, Air Vice Marshal Ibrahim Yahaya, who said the memorial was a milestone project for the NAF personnel in Lagos, added that, "This would go a long way in ameliorating the shortage of officers' residential quarters in Lagos area.

"Undoubtedly, the execution of similar projects and numerous others in different NAF units across the country showcases the commitment of the CAS towards the actualisation of his vision.

"Improving the personnel's living condition has not only raised their morale but has also

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• T H I S D AY TUESDAY, JANUARY 31, 2017

FEATURES

One of the newly constructed blocks of six by three bedroom flats in memorial of NAF fallen heroes

modeled them into highly professional and disciplined troops for effective, efficient and timely employment in response to Nigeria's national security imperatives."

A Flashback to the Past It was on 26 September, 1992, and all 158 passengers were settled in for what should have been a smooth flight from Lagos to Kaduna. However, the reverse was the case as three minutes after taking off, all three engines failed and crashed, killing all 158 people on board, including eight foreign nationals. For those in the know, the flight was supposed to be smooth because they had the previous day fixed it after it developed a fault. The flight took off at about 4:15pm and crashed at about 4.18pm after the control tower lost communication with the aircraft.

Although the aircraft had the best crew the NAF could boast off at that time, the three engines failed and while the plane was trying to ascend, the fourth and last one failed too and the aircraft fell into the swamp which flows through Ejigbo to Mile 2, FESTAC and Apapa.

Hours after it happened, no one could locate where it happened and the first emergency responders were officials of the Federal Road Safety Commission (FRSC), who finally located the scene 24 hours after it happened, while the military team allegedly arrived another 24 hours later.

Given the number of senior officers that died at that time, conspiracy theories were spun that they were killed, an allegation that has till date remained unproven.

Also, given the late appearance of emergency workers and the military, only 27 bodies were recovered that Sunday and after the fire service joined the rescue operation on Tuesday and Wednesday, 56 more bodies were recovered.

Meanwhile, the total number of bodies of persons onboard were finally recovered the following Sunday by the rescue team, who relied majorly on cutlasses and axes, until Julius Berger Plc came with their machineries.

After they were buried on October 5, 1992, no panel of inquiry was set up to probe the incident, neither was the black box, which was flown out of the country for study, returned back.

Today, some of the families of the deceased persons were yet to get all that is accrued them, thus, making the scar of the death of their loved ones difficult to heal.

The Manifest At the time of their death, the list of those on board the ill-fated flight was compiled using the manifest and they included the students of the Senior Course 15, of the Armed Forces Command and Staff College (AFCSC), Jaji, Kaduna. The list included 104 Army officers, 17 Naval officers, 17 Airforce officers, eight foreign officers, 11 Nigerian Air Force crew and nine others.

For the Lieutenant Colonels of the Nigerian Army, they include S.A. Onipede, A.J. Ibiyeye, J.A. Agber, B.A. Ibanga, J.O. Okafor, G.O. Ikoli and S.K. Aladesuyi.

For those in the ranks of Major they include- C.D. Nwambuowo, E. Ezenwa, M.H. Leramoh, S.O. Yawus, S.S. Agada, E.O. Amechi-Okoro, O.O. Mba, E.J. Onwe, S. Bature, T. Zubair, F.U. Bassey, O.G. Akise, J. Shija, A.B. Famowei, A.A. Itodo, J.O. Okobo, K.A. Opgwu, M.S. Dambata and P.S. Stephen.

Others include S.O. Amaga, C.U.M. La’ah, I.A. Abolade, W. Adaa, E.A. Ushibe, J. Ugo, S. Abubakar, G. Josiah, Y. Aliyu, G. Ismaila, M.I. Ukeh, S.A. Jibunoh, I.U. Odache, I.E. Mauzu, P.O. Bamidele, I.D. Nock, D.S. Oyelola, L. Nyanayo, N. Obie, R.N. Nwankwo, C.T. Akpe, R. Okeowo and R.A. Olufe.

The manifest also listed E. Egoro, A.G. Jegede, A.H. Dombe, P. Yaro, A.Y. Abbas,

We have ensured that the welfare of the families of fallen personnel are catered for. We provide accommodation for their families and those who died in service, their families get bulk pension of five years

C.O. Egharevba, F. Ogbebor, B.A. Anebi, G.O. Oyefi, I.K. Nwuke, V.S. Kure, J.A. Tokula, T. Abina, B. Kadiri, C. Mungu, A.N. Ebiringa, O.A. Ogunaike, B.B. Sadiq, S.O Gbenro, T.I. Adahada, C.E. Ogben, O. Babalola, E.W. Ekanem, C.T. Arowololu, M.S. Ogbeha, I.J.Raiya, D.O. Okoroji and M.A. Agoyi.

The list also goes on to mention V.U. Mukoro, A.E. Mshelia, J.A.Audu, S.A. Oisamoye, A. Bala, M.A.D. Badamasi, E. Ukagha, K.E. Osula, N.A. Kajero, B. Daranijo, M.O. Ajibola, U.A.M. Balami, S. Omakwu, A.O. Obiora, A.A. Kawonta, C. Otti, O.O. Olusanya, O.J. Mbaka, P. Iyayi, T.O. Ogunjobi, G.N. Nze, H. Onwuegbunam, M.A. Pindar, O. Adebayo and B.O. Potsha.

While the only army sergeant onboard was M. Bahagoo, the civilian staff for the army were O.B. Oshoodi and Mrs. M.A. Abu (both from the Ministry of Defence), as well as a reporter- A. Okpe.

From the Air Force were Wing Commanders J.P. Alabesunu and A.S. Mamadi, as well as Squadron Leaders Okon Effiong and J.A. Adeiza, Flight Lieutenant S.O. Adamu, Warrant Officers M.J. Wakala and M.J Datong, as well as PS Tarfa Saidu, as well as Sergeants A. Soyemi, John Husainu Tela, K. Odubanjo, F.O. Akede and Habu Saidu.

Others include, A. Duson, T.A. Clement, R.O. Yusuf, S.O. Oyerinde and N.O. Alege, M.T. Njidda, J.K. Osho, E.O. Ikwue, M.M. Gumel, A.A. Ndule, E.J. Ekpong, A.O. Atteh and O.Jaja (the video cameraman).

The navy list includes Lieutenant Commanders E. Obelen, K.A. Fauka Bello, S.O. Odusola, O. Shiejir, E.J. Gabriel, A.O. Ojekunle, K.O. Igwara, A.O.G. Aboruwa and S. Lasisi, as well as A.A. Amaino, E.N. Okafor, T. Awoniyi, P. Asoro, P.N. Amangbo, O.O. Onabolu, J.O. Omokhuale and C.O. Ochigbono.

NAF Standard for Fallen Heroes While one of the challenges families of fallen heroes face is often abandonment by the government and being asked to leave the barracks, given that their loved ones are dead, this present administration has however moved away from the norm by extending a hand of fellowship to the families, even after the federal government has fulfilled its statutory duties for families of fallen heroes.

For the NAF under Abubakar, one of its core derivatives has always been welfare-driven and as such, they have provided personal accommodations for widows of their fallen

heroes. In making provision for this, the NAF dedicated one of the sections of the estates to their widows and their respective families. Breaking down the procedure for NAF's welfare measures for families of fallen personnel, NAF Director of Public Relations (DOPRI), Group Captain Ayodele Famuyiwa, in an interview with THISDAY afterwards, said the force does not let its personnel down, either dead or alive.

On the reason the 1992 crew were just immortalised, he said, "After the construction of the building, we thought of names that could be easily identified and we remembered the crew that fell in the line of duty.

"They lived on this base and worked just right behind these newly constructed buildings at the ATG where we have our C-130 and that is what we call our 310 Executive Airlift Group. They were also Lagosians and part and parcel of the base, so those names easily strike a cord.

"Aside the memorial, there are statutory provisions by the federal government for families of fallen heroes and all that has been done for them. Although these people died in 1992, the welfare programme of the NAF has improved for people we have lost in the North-east or any form of internal security operations in Nigeria.

"The NAF now, apart from what government gives as various welfare programmes, provide personnel houses for these people to retire in. However, the statutory provision is that when a personnel dies and served up to 10 years in the Armed Forces, the person is entitled to pension.

"Now, what that person gets as pension is a function of the rank and the last salary collected. Depending on how long one has served, it's on percentage basis. But once you have served up to 10 years and died in the service, you get bulk pension. They collect bulk pension because they are dead because pension is supposed to be when you retire you collect till death.

"But for one who dies on duty, whether officers or airmen, the family collects five years bulk pension and that is where it stops.

But if someone retires and spends two or three years before he dies, the family only gets the balance of the five years. " He said, "We have ensured that the welfare of the families of fallen personnel are catered for. We provide accommodation for their families and those who died in service, their families get bulk pension of five years.

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IMAGES

L-R National Chairman, Independent Democrats (ID), Hon. Edozie Madu; President General, Owerre Ezukala Town Union of Anambra State, Dr. Luke Chukwu and the Director, Puz-Cham Nigeria Limited, Mr. Kennedy Chukwu. during the election of the new President General of, Owerre Ezukala Town Union of Anambra State in Ezukala...recently

T H I S D AY • TUESDAY, JANUARY 31, 2017

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

L-R Chief Executive Officer/Team Leader, All Children Charity International Foundation, Ranti Daudu; Chief Executive Officer TY Danjuma Foundation, Dr. Sunday Udo and the Founder/Director, Pro-Health International (PHI), Dr. Iko Ibanga, during a press conference on the TY Danjuma Foundation 2017 GranteesĂ­ Training, in Abuja...recently

-R; Commandant, Frsc Academy,. Kenneth Nwaegbe; Deputy Corps Marshal, Administration And Human Resources, Chidi Nwachukwu; Corps Marshal , Frsc, Boboye Oyeyemi; Zonal Commanding Officer, Rs 9, Enugu,Samuel Obayemi; Sector Commander, Anambra State,Sunday Ajayi; Head Media Relations And Strategy, Bisi Kazeem And , Sector Commander, Enugu State, Edward Zamber During Award Of Academic Phd On Oyeyemi At The Niversity Of Nigeria,

His Royal Highness(HRH) Alhaji Abdullahi ISA Dasong, the newly appointed Amna Shellang, of Adamawa State((left) and Senior General Manager -Government Relations, Dangote Group, Alhaji Ibrahim Ali Garga during the visit by Garga to HRH Dasong to congratulate him on his appointment as Amna Shellang in Adamawa...recently

L-R: Sole Administrator, IRU/Victoria Island LCDA, Princess Aderemi Adebowale; Managing Director/CEO, Lagos State Signage and Advertisement Agency (LASAA), Bolaji Sanusi and former Secretary to Lagos State Government, Princess Adenrele Adeniran-Ogunsanya, during the unveiling of the new LASAA branch office and skill acquisition center in Lagos.....recently

R-L; Founder, lndependent Shareholder Association of Nigeria, Sir Sunny Nwosu; National Coordinator, lSAN, Mr Adebisi Araunsi and lnternal Auditor, Alhaji Kabiru Sarumi during the handing over ceremony of stewardship to new lSAN executives in Lagos...recently ABIODUN AJALA

L-R: Media officer, Eleganza, Mr. Ayorinde Ayo; President, Women Arise for Change Initiative, Alhaja Kuburat Hassan; Centre for Change Ambassador, Dr. Josephine Odumakin; Coordinator, Research and Project, Centre for Change, Dr. Folashade Okoya; Directors, Training, Mr. Gbenga Sazallo; and Mr. Gbemi Efunnuga, during the presentation of Change ambassador award to Dr. Okoya in Lagos......recently ETOP UKUTT

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T H I S D AY • TUESDAY, JANUARY 31, 2017

BUSINESSWORLD DISCOS ILLEGALLY RETAIN ELECTRICITY MARKET FUNDS, NERC INSISTS

Federal High Courts (FHCs), eight Discos got restraining orders to stop the NERC from implementing its directive for the Central Bank of Nigeria (CBN) to escrow the accounts of Discos who cannot meet their monthly payment obligations to the NBET. NERC and other connected persons were also restrained from compelling the Discos from entering into Promissory Note arrangement with NBET, as well as from calling on their Letters of Credit (LC) with NBET through certain commercial banks, pending the hearing and determination of the Motion on Notice.

The Discos alleged then that despite the cash flow problems they faced as a result of allegations of NERC’s bad management of the power sector, the regulatory agency had vide a directive with reference No. NERC/MC &R/16/098 of March 30, 2016, directed the CBN to escrow the accounts of Discos who cannot meet their monthly payment obligations under the vesting contracts and who are yet to place their LC with NBET in accordance with the escrow directive.

COOKING GAS SCARCITY PERSISTS OVER DELAYS IN ARRIVAL OF NLNG VESSEL

projection of the government is that additional two million people should use LPG every two to three years. Supply to the domestic market is not commensurate with this expected additional demand.

NLNG started by setting aside 100,000MT for the domestic market yearly. They have increased it to 250,000MT and promised to increase it further to 350,000MT but it is still 250,000MT officially.

Other marketers also import to augment NLNG’s supply. But this is not commensurate with yearly increase in demand,” he explained.

“So, to end this persistent crisis, there should be increase in domestic supply. Secondly, vessels should come in as at when due. Again, NNPC should stop sidelining LPG vessels in the discharge of product,” he added.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

House Orders Expeditious Investigations into Alleged Diversion of $9bn CBN Grant by NDPHC Damilola Oyedele in Abuja The House of Representatives Committee on Power has been directed to expedite investigations into alleged diversion of the $9 billion grant received from the Central Bank of Nigeria (CBN) for priority projects by the Niger Delta Power Holding Company (NDPHC).

The committee also had the mandate to investigate alleged contract scam by the power company, particularly, the alleged award of numerous inflated contracts without due process.

The lawmakers, who gave the mandate last week, also accused the company of refusing to submit itself to oversight and appropriation by the National Assembly, notwithstanding that the federal government is its majority shareholder.

The House has therefore directed the Committee to conduct thorough investigations into the allegations against the company by conducting an investigative hearing involving all relevant stakeholders to identify constitutional breaches and ascertain the veracity of the alleged infractions by the NDPHC. The committee is expected to report back to the House within six weeks for further legislative action.

Hon. Mark Terseer Gbillah, in a motion, had accused the company of paying outrageous amounts as wayleave payments to communities with significant cost implications to the government.

The Benue lawmaker said the firm, which manages the utilisation of over $12 billion already approved by the National Assembly and the National Council of State, since its incorporation in 2005, does not submit its annual budget and project plans for appropriation by the National Assembly.

Gbillah observed that: “The NDPH generates an operating surplus which cannot be determined because it is neither divulged nor paid into the

coffers of the federal government but rather expended by the company without legislative approval.”

He also noted that 10 power plants were awarded by the NDPHC since 2006 but only a few of the plants had been completed and handed over since 2010.

According to the lawmaker, “A local contractor, Rockson Engineering has refused to hand over four power plants it was awarded in controversial circumstances

and appears to be holding the federal government to ransom over the completion of the plants while the equipment and infrastructure continue to experience wear and tear due to the protracted delay,” He expressed worry that the NDPHC appears to believe that it is only accountable to the Office of the Vice President and has therefore refused to subject itself to the oversight and appropriation roles of the National Assembly while its actions and in-actions have

adversely affected the power requirements of the country.

NDPHC is a special purpose company owned by the three tiers of the government to implement of the National Integrated Power Project (NIPP), which was established in 2004 to fast-track the achievement of stable power supply.

The project fraught with delays is yet to deliver tangible benefits to Nigerians that are in dire need of regular power supply, despite billions of dollars injected into the NIPPs.

ALL FOR DATA CENTRE CERTIFICATION

L-R: Instructor/Consultant, Uptime Institute, Isaac Borras; Senior Data Centre Solution Architect, Schneider Electric, Ossy Anyabuike; Chief Executive Officer, Westfield Consulting, Oyeyinka Banjo; Business Development Director, Uptime Institute, Lilia Severina and Senior Pre Sales Specialist, Data Centre, Business Connexion Nigeria, Kelvin Oghafua, at the first accredited Tier Designer training in Nigeria organised by Uptime Institute and Westfield Consulting in Lagos...recently

NEITI Moves to Unveil Owners of Nigerian Oil Why TCN is Contesting NERC’s N48m Fine Blocks, Mining Companies Stories by Chineme Okafor in Abuja The Nigeria Extractive Industries Transparency Initiative (NEITI) has stated that it has initiated new steps to let Nigerians know the real owners and beneficiaries of oil and gas blocks, as well as mining companies in Nigeria.

NEITI said in a statement in Abuja that the initiatives, which are contained in two documents – the roadmap on beneficial ownership disclosure, and open data policy, were designed to push the boundaries of its mandate to ensure transparency and accountability in business activities within Nigeria’s extractive industries.

According to the statement, the roadmap on beneficial ownership disclosure would outline strategies to be adopted by Nigeria in the implementation and fulfillment of ‘requirement 2.5’ of the global Extractive Industries Transparency Initiative (EITI) standard, which among other things, has demanded for public disclosures of the real owners of oil, gas and mining companies that operate in Nigeria.

The agency explained that the institutional frame-

works required for effective implementation of ownership transparency, clarity on definition of beneficial owners and explanation on thresholds for public disclosure required in the process, have been identified. NEITI stated that people who fall into the category of politically exposed persons (PEPs) and the reporting obligations expected of them as well as the challenges that may be encountered during the process of data collection, data quality assurance, accessibility and timeliness, have also been identified in the document.

Considering the complexities of the extractive industries in Nigeria, the plan also identified all the stakeholders expected to be involved in the implementation of the beneficial ownership requirement.

NEITI stated that the EITI standards have mandated all implementing countries, including Nigeria to publish their beneficial ownership roadmap by January 2017 and then commence full implementation by January 2020.

It said that the process adopted by it in the development of the roadmap was consultative, robust and consistent with the multi-stakeholders

approach of the EITI. For the open data policy, NEITI said it was in compliance with the EITI standards and the global shift towards open data availability in the wake of technological advancement and increasing demand for transparency and accountability by Nigerian citizens.

It explained that under the open data policy, information and data contained in its industry audits would be made publicly available and accessible in a reusable format.

“The open data policy also requires that the data be used anywhere and for any purpose without restrictions from copyright, patent or other control mechanism and must also be expressly excluded by the provisions of the laws of Nigeria.

“This requires making the data convenient, modifiable in open format, easily retrievable, indexed, and well organised.

The open data policy also represents the framework for the implementation of the global drive for use of open data to pursue reforms, enthrone transparency and accountability especially in the extractive sector of the Nigerian economy,” said NEITI.

The Transmission Company of Nigeria (TCN) has explained why it would contest a N47.6 million regulatory fine imposed on it by the Nigerian Electricity Regulatory Commission in December 2016 for failing to submit its annual audit report on time.

TCN also alleged that the poor state and widespread breakdown of distribution infrastructure of the 11 electricity distribution companies (Discos) in the country were responsible for their repeated rejection of electricity loads allocated to them. The Managing Director of TCN, Dr. Atiku Abubabar stated these in Abuja when the transmission company held its management retreat.

He also disclosed that the TCN has received N28 billion out of the N30 billion approved for it in the 2016 budget, thus representing 90 per cent of the allocation to it. According to the NERC, its fine was due to TCN’s failure to submit its 2013 and 2014 audited financial statements.

The commission stated that the company had up to two weeks from December 2, 2016 when the disciplinary order was signed by its acting Chairman, Dr. Tony Akah; and the General Manager, Legal,

Licensing and Enforcement, Mrs. Olufunke Dinneh, to pay up the fine, adding that the fine would attract a five per cent interest every day after the due date.

NERC said that in failing to submit its audited financial reports, the TCN violated Section 63 (1) of the Electric Power Sector Reform Act, 2005, which stipulated that “a licensee shall comply with the provisions of its license, regulations, codes and other requirements issued by NERC from time to time.”

But responding to this at the retreat, Abubakar said: “In any situation when somebody is fined by a regulator, you have a room to appeal and we have filed our appeal to the regulator and they are looking at it.”

“We have reasons for not complying. Since TCN was operational from 2013, there has not been an audited report and so we took a bold step to provide four years of this audited report and engaged PricewaterhouseCoopers, a reputable company, to undertake this audit and you can imagine the level of data and documents they have to look at in other to provide these audit reports which is not just one year.

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T H I S D AY • TUESDAY, JANUARY 31, 2017

BUSINESSWORLD

ENERGY

Rekindled Hope for Brass LNG Project The federal government’s desire to kick-start the Brass LNG project was rekindled with the recent decision of French oil major, Total, not to pull out and the nomination of Danielle Tamborini by Italy’s Eni to replace Giovanni Romani as the new Managing Director of the company. Ejiofor Alike reports

President Buhari Hopes for the actualisation of the Brass LNG project were rekindled recently after a meeting of the investors in London.

Prior to the shareholders’ meeting, there was uncertainty surrounding the $547 million already plunked into the Olokola LNG project situated on the border town between Ogun and Ondo States, following the withdrawal of the project’s shareholders and a decision by the NNPC to relocate its staff seconded to the project to Abuja.

The fact that these two LNG projects were conceived at the same time might have sent jitters down the spines of investors in the Brass LNG project, who expressed fears that similar fate may befall the project in view of the withdrawal of ConocoPhillips and the initial plan by Total to also pull out of the multi-billion dollar project.

To decide the fate of the project, the chief executives of the Nigerian National Petroleum Corporation (NNPC), Total and ENI met in London with the Board chairman in, Dr. Jackson Gaius-Obaseki, and reaffirmed their strong commitment to the project in which they have invested about $1 billion on early works, without signing a Final Investment Decision (FID).

After the meeting, the investors decided that the Brass LNG project must happen.

It was also gathered that Total, which was thinking of leaving the project, decided not to pull out, reaffirming the faith of the French major on the viability of the project.

One of the shareholders had blamed the delay in signing the FID to the absence of political will on the part of President Goodluck Jonathan’s administration and what he called the protracted withdrawal of ConocoPhillips from the project.

According to him, the shareholders – NNPC, Eni, Total and ConocoPhillips – were at the point of taking the FID before the American oil major pulled out of Nigeria.

“It took them an unusually long time from the period they made the announcement to when they finally pulled out, because apart from looking for investors who will buy their oil fields in Nigeria and their stake in Brass LNG , they were frustrated by bureaucracy.

Before the shareholders’ meeting in London, the shareholder, who spoke to THISDAY, had also given assurance that the Brass LNG project would remain on course, adding that LNG

Obaseki projects were viable, the initial challenges notwithstanding.

“You will recall that the Nigeria LNG bailed out the federal government’s urging their financial crisis. The Brass project is viable but the past administration lacked the political will to pursue the FID. We are hopeful that Brass will go forward. The Minister of State for Petroleum, Dr. Ibe Kachikwu, has been putting a lot effort at securing alternative funding for the oil and gas industry, one of

We, at the Brass LNG Ltd are celebrating tonight because our MD, Giovanni, is leaving us and a successor is stepping into his shoes. We indeed celebrate success of continuity.

The Brass LNG has very strong fundamentals; we are there to turn gas to money and create jobs. It is a company that has a pre-FID expenditure in excess of $1 billion. I must say that the last one year was a difficult year, but we can now breathe some air of hope.

which was the $80 billion funding from the Chinese and Indians. We are hopeful therefore, that funding will not be an insurmantible constraint for Brass LNG. “We have done a lot of optimisation in Brass LNG project. We have reconstituted our team and changed ConocoPhillip’s technology.

“Our technology now is APCI technology used in building Nigeria LNG. The Managing Director is now from eni. We have scaled down the cost from the initial $20 billion to a level that will ensure affordable cash injection by the shareholders.

“The initial plan was to start with two trains but this has now been staggered to a one-plus-one approach. The shareholders have also warehoused ConocoPhillip’s shares.

There is political will on the part of the present administration,” he added.

The outcome of the shareholders’ meeting was an affirmation of the confidence of the investors in the project.

New managing director It was also at the London meeting that the Italian energy giant, eni was said to have recommended Danielle Tamburini as a replacement for Giovanni Romani, who was retiring as the Managing Director of the company of Brass LNG Limited.

Speaking at the send-off dinner organised later in Lagos in honour of Romani, the Chairman of the Board of Brass LNG, Dr. Jackson Gaius-Obaseki noted that the project has strong fundamentals to turn gas to money and create jobs.

“We, at the Brass LNG Ltd are celebrating tonight because our MD, Giovanni, is leaving us and a successor is stepping into his shoes.

We indeed celebrate success of continuity. The Brass LNG has very strong fundamentals; we are there to turn gas to money and create jobs.

It is a company that has a pre-FID expenditure in excess of $1 billion. I must say that the last one year was a difficult year, but we can now breathe some air of hope.

Also speaking, the Amanyanabo of Okpoama Kingdom, Bayelsa State, His Royal Majesty, Ebitimi Banigo noted that Brass LNG project brought into his community the opportunities and challenges that follow such projects.

“I must confess that the project is a huge development effort that has come to our community with a huge blessing too, while

I have to congratulate everyone for working so hard to survive or revamp a project that was almost on death roll. For us, we believe that this development is a process that will enable all parties to join hands together to ensure that the project succeeds. We must provide the enabling environment to realise the project as well as develop the environment.

We shall help in midwifing the project for the good of all. I am here tonight because this is a day to celebrate and to welcome a new era in Brass LNG Ltd. May I add that all challenges you had faced in the past should be seen as opportunity to shape the world, our world,” he explained.

Government’s renewed interest Speaking on the renewed hopes of investors on the viability of the project, Gaius-Obaseki attributed the latest development on the commitment of the present administration on the project.

“I can say that the present administration has shown a lot of interest in the project, more especially because it is in the Niger Delta. The Group Managing Director of the NNPC and the Minister of State for Petroleum have conveyed the government’s commitment; and also we have no choice but to make it happen. I also had the appreciable discussions with the shareholders and they expressed their commitment to remain on board,” Gaius-Obaseki explained.

“He (GMD) has always been part of Brass LNG. Before he was appointed the Group Executive Director at NNPC, he was the Group General Manager in charge of NNPC’s LNG business. So, he nurtured Brass LNG to where it was and he has expressed strong commitment to the project,” he added.

On the impact of the drop in crude oil prices on the commitment of the shareholders to the Brass LNG project, Gaius-Obaseki said the drop in the price of crude oil to about $30 per barrel at the time, affected a lot of projects all over the world, adding that Brass LNG was not an exception, but expressed delight in the fact that things have since gotten better.

On efforts to find strategic investors to acquire ConocoPhillips’ shares, Gaius-Obaseki said: “NNPC was doing that and as far as I am aware, they are still on board.”

He assured that the exit of Romani would not destabilise the project because “as he is leaving, somebody is taking over as MD”.

T H I S D AY TUESDAY JANUARY 31, 2017

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T H I S D AY • TUESDAY, JANUARY 31, 2017

BUSINESSWORLD

INDUSTRY

Lakpini: NAPRI’s Research Facilities are Old and Obsolete The Executive Director of the National Animal Production Research Institute, Prof. Clarence Lakpini highlights the strategic importance of the body to Nigeria’s food security and laments that the institute’s aged facilities are impeding this mandate. Crusoe Osagie presents excerpts from the interview: to go into partnership with private sector and international investors who can give leverage to the funding fortunes of research institutes. We are exploring this window of opportunity for the upgrade and transformation of the Institute to enhance impactful performance and productivity nationally and international.

In what ways can you make greater impact in the Livestock subsector?

The Institute is reaching out to Livestock commercial and smallholder farmers, pastoralists and entrepreneurs to find out their constraints.

Noted commercial livestock farmers like the L & Z Integrated Farms Nigeria Ltd in Kano for dairy, Folhope Farms Ibadan for ShikaBrown chickens, Shonga Farms Holdings in Kwara State for pasture seeds and forages, various universities for cattle, sheep and goats, etc, have been collaborating with the Institute to pursue their mandates. We are widening our collaboration to be all inclusive. Our strategic plan with the Private sector and some International Technical Partners to fully commercialise our research products and services for national and international growth will be impactful.

Please describe the mandate of the National Animal Production Research Institute?

The National Animal Production Research Institute (NAPRI), Shika Zaria is mandated to conduct research into increasing the productivity of food animals through breeding, nutrition, management and socio-economic innovations and packages. These species of animals include but are not limited to cattle for beef and milk, sheep and goats for mutton and chevon, poultry for eggs and meat, pigs for pork, camels for meat and milk and donkeys and rabbits for meat. The research into forage production and management complement breeding and management programmes for optimal productivity of these animals.

For how long has the Institute been in existence?

The Institute derived it existence from the Shika Bull Stud Station established in 1928 when selected proven bulls were kept to breed cows of Pastoralists for improved genetic gain in beef and to a lesser degree milk production. This station translated to the Grassland Research Station in 1954 when various species of pastures were imported from tropical ecological belts of other countries especially Australia, quarantined, screened, propagated and established for livestock production. On 1st July, 1976 a full-fledge National Animal Production Research Institute (NAPRI) came into existence under the administration of the Ahmadu Bello University, Zaria based on the enacted Research Institute Establishment Order of November 1975. The Federal Government funds it through the Federal Ministry of Agriculture and Rural Development (FMARD) while the Agricultural Research Council of Nigeria (ARCN) supervises and regulates its Programmes.

What are the major achievements of the Institute?

NAPRI has made some remarkable achievements in livestock production within the context of our national development. The only poultry developed in Nigeria, tested in all the agro-ecologic zones in Nigeria before registration and release by the National Centre for Genetic Resources and Biotechnology (NACGRAB) Ibadan is the ShikaBrown® egg-laying chicken. From the name, it is obvious that NAPRI which is located in Shika is responsible for the pain-staking breeding programme of many decades that gave birth to this chicken. The chicken which is in use by some commercial farms in various ecologic zones of the country have since the year 2000 been proven to be hardy and resilient to the known prevalent poultry diseases and with an outstanding reputation of high egg number and persistence in egg laying. One may ask why ShikaBrown® has not flooded the Nigerian market. This is because our production capacity has been limited over the years by inadequate and obsolete infrastructures and facilities. We are working on this and with the cooperation of Government who has refocused our economy on agriculture and our present spirited advanced moves to have a Public-Private Partnership in our livestock value chain, these limitations will soon be over.

The problem in the Dairy Industry in Nigeria is the low productivity of the indigenous breeds of cattle. Our indigenous animals are characterized by delays in coming to puberty (the reproductive age) and first calving, long calving intervals, infertility, reproductive wastages, low milk yield and short lactation periods. These challenges are not only genetic but complicated by inadequate and inappropriate nutrition packages. The Institute has been able to address many of these challenges by the appropriate use of various reproduction and nutritional interventions suitable for the various breeds in their climatic habitats. Milk yield and lactation period have been increased by cross breeding, artificial insemination and selection.

This has more than doubled the efficiency of milk production. Simple and more efficient methods

Lakpini of processing milk using locally designed and fabricated equipment have been introduced to smallholder dairy farmers to reduce drudgery.

The Institute has collaborated and supplied genetically improved species of livestock such as cattle, sheep, goats, rabbits, pigs and poultry to institutional, government and private farms.

Locally available agro-industrial byproducts have been transformed and used to compound supplementary least cost rations for maintenance, production and fattening of various species of livestock including cattle, sheep and goats, pigs, etc.

Various species of indigenous and exotic pasture species have been accessed, screened and evaluated for their nutritional values. Certified ones have been established in institutional, government and private farms in different ecologic zones of the country as appropriate.

Are there duplication of functions with other research institutes and government agencies?

There are three research institutes in the country that are directly related to animal/livestock production. The National Veterinary Research Institute (NVRI), Vom, Plateau State, is mandated to conduct research into all aspects of diseases of animals/livestock with a view to treating and controlling them. In doing this, they are to: develop and produce Vaccines, Sera and Biological for use in animals; carry out Surveillance and Diagnosis of animal diseases; train intermediate Manpower in Veterinary Laboratory and Animal Health and Production Technology.

The Nigerian Institute for Trypanosomiasis Research (NITR), Kaduna conducts research into the control and surveillance of Trypanosomes to man and animals. Therefore the mandates and functions of these other two research institutes are clearly different from those of NAPRI but complementing.

Who are your primary stakeholders and how do you link up with them?

All actors in the livestock value chain who have common interests with NAPRI are our primary stakeholders. The research conducted by the Institute is demand-driven to deal with the challenges our producers, processors and marketers face. Other national and international institutes with mandates or related mandates in livestock/animal value chain are also our primary stakeholders with who we relate on science and technology levels.

What are the challenges you have as an Institute

and what strategies are you deploying to mitigate them?

The Institute faces a number of challenges which have reduced its impact in terms of programmes and activities as a research Institute. These include job creation and ensuring food security in the livestock subsector.

Specifically, some of these problems include but are not limited to: Inadequate and obsolete equipment and farm machinery. Most of the equipment and machinery we have span more than 30 years old. In this age when technology is changing at a satellite speed, most of them need replacement with “state of the art facilities”.

Dilapidated and inadequate infrastructures limit our potentials. Many of the animal pens and handling facilities still in use are those we inherited since they were built and installed in 1928. The challenges in livestock production today are at variance with those of 1928.

Inadequate and untimely release of funds to the Institute makes planning inefficient and ineffective. We have a large population of various species of livestock and poultry that MUST be fed daily and maintained in good condition for research and production. If there are no resources to produce and purchase the required feeds and medications, we run the risk of losing these animals that are high-priced and have been bred and selected over decades for desirable productive genetic traits.

Lack of retraining and capacity building of staff to update them on developments in their fields of specialisation can make them irrelevant to current trends in the global livestock subsector.

To be relevant internationally in our fields of specialisation, we need continuous education to update us on the developments in our specialties.

We must be abreast of the new trends in our fields which require opportunities and funding to sustain.

What is the funding like and how do you plan to improve it?

Funding of the Institute has been erratic and grossly inadequate. We do not have much problem with our personnel emolument and Government should be commended but capital appropriation is usually belated and grossly inadequate especially in view of our current economic recession which is a passing phase in our national development.

Research in any serious nation world-wide is a primary responsibility of Government because the outcome of research is a public good meant for development. Government has encouraged us

What contributions can your institute make towards reducing or eliminating the pastoralists/ farmers conflicts plaguing the nation?

Pastoralist/farmers conflicts plaguing the nation is as a result of competition for farm and grazing land which is increasingly diminishing as a result of population explosion, environmental degradation, climate change and physical development.

To reduce the conflict to manageable level, the livestock production system has to change from extensive towards intensive. This change may not be in one fell swoop. We can intensify training youths and other stakeholders in modern ways of livestock production such as in hydroponic fodder production, intensive pasture production, artificial insemination, feedlot production and marketing. The hydroponics is a technology which enables us produce fodder under intensive management within a 6 day cycle. This minimises the use of land and maximises the yield per unit area within a very short time. The intensive pasture production may be under irrigation using high yielding pastures that can be cut and cured at the optimum stage of growth and conserved as hay for feeding livestock. Green cereal crop can be cut and ensiled for silage to feed high producing livestock during the period of fodder scarcity. Feedlot operations confine the animal to its stall on zero grazing where it is fed. These are technologies which we have been transferring to young livestock farmers who are deployed to us for skills acquisition.

We are also available in establishing suitable pastures with integrated livestock modules on designated land belonging to State Governments, Institutions and private entrepreneurs. Appropriate combination of these technologies will go a long way in reducing the current pressure on grazing land with a consequent reduction in Pastoralists/Farmers faceoff.

How can the youths be encouraged to take to Livestock Entrepreneurship?

By exposing and training them in modern skills in livestock value chain. Easy access to credits and insurance for livestock enterprise should be made available for them and the livestock value chain should be developed for them to key into.

What are the challenges faced in livestock production in Nigeria?

Inadequate grazing land and watering points cause clashes between the Pastoralists and Farmers; Lack of implementable and coordinated national breeding policy gives room for inbreeding Continued on page 26

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T H I S D AY • TUESDAY, JANUARY 31, 2017

BUSINESSWORLD

SMALL BUSINESS SOLUTIONS

Investing in Tissue Paper Production With rising demand for the product, Uba Godwin writes that one of the most viable and profitable small scale industries to invest in Nigeria is the tissue paper industry The World Bank has predicted that Nigeria will get out of recession and grow its Gross Domestic Product by one per cent this year after plunging into its worst recession in over two decades. The bank said that the Sub-Saharan African growth is expected to pick up modestly to 2.9 per cent in 2017 as the region continues to adjust to lower commodity prices. “Growth in South Africa and oil exporters is expected to be weaker, while growth in economies that are not natural-resource intensive should remain robust.

According to the bank the growth in South Africa is expected to edge up to a 1.1 per cent pace this year; Nigeria is forecast to rebound from recession and grow at a 1 per cent pace while Angola is projected to expand at a 1.2 per cent pace.” The World Bank’s January 2017 Global Economic Prospects report also projected that growth in the advanced economies would edge up to 1.8 per cent in the current year. It stated that fiscal stimulus in major economies, particularly in the United States, could generate faster domestic and global growth than projected, although rising trade protection could have adverse effects. Growth in emerging market and developing economies as a whole should pick up to 4.2 per cent this year from 3.4 per cent in the year just ended amid modestly rising commodity prices, the bank stated.

Emerging market and developing economy commodity exporters are expected to expand by 2.3 per cent in 2017 after an almost negligible 0.3 per cent pace in 2016 as commodity prices gradually recover and as Russia and Brazil resume growing after recessions. It, however, added that the outlook was clouded by uncertainty about policy direction in major economies.

Commenting on the report, the President, World Bank Group, Jim Yong Kim, stated, “After years of disappointing global growth, we are encouraged to see stronger economic prospects on the horizon.

Minister of Industry, Trade and Investment, Dr. Okechukwu Enelamah “Now is the time to take advantage of this momentum and increase investments in infrastructure and people. This is vital to accelerating the sustainable and inclusive economic growth required to end extreme poverty.”

The report noted the worrisome recent weakening of investment growth in the emerging markets and developing economies, which account for one-third of the global GDP and about three quarter of the world’s population and the poor.

In Nigeria some of the ways to adopt to increase the Gross National Product (GDP) is to develop Agriculture, establish more small and medium scale industries and diversifying to other mineral resources.

One of the most viable and profitable small scale industries to invest into is production of toilet tissues (toilet rolls, serviettes and facial tissue) Most Nigerians consume toilet roll. Its demand is influenced by population explosion, rapid urbanization and social awareness. It is generally used for cleaning and sanitary purposes in households, restaurants, hotels, canteens, social

gatherings, parties, maternity homes, clinics, hospitals, educational institutions, churches, night clubs, shops, fast food centres and offices.

Research findings indicate that Nigeria alone now needs over 950 million tons of tissue papers per annum. While our total local production output is still less than 150 million tonnes, the supply gap offers a tremendous opportunity for Nigeria investors.

Nigerian investors can now go into this lucrative business using locally made machines.

Though there are imported machines as well, our local investors do not need to waste their scarce foreign exchange for the importation. The writer will assist you in procuring and installing quality machines that stand the test of time at moderate and affordable prices. The attractiveness of this project is that both the raw materials and equipment are locally available and the technology involved is very easy to understand and master. The essential equipment : Core making machine; Rewinding System; Band Saw cutter; Embossing Unit and Perforating Unit. These machine components are portable, simple to operate and durable. The machines will be procured from highly experienced local producers of such machines. The writer will supply the machines at the sum of N3.5Million.

However, the imported machines (as indicated below) can go as high as N10million.

The locally made machines being introduced here is rugged, reliable and high performing with a capacity of one to 2tons per day. Operating on a single shift for a minimum of 250 days per annum, a total of 500 MT of tissue paper will be procured and processed into quality tissue products (toilet rolls & serviettes).

Raw materials include jumbo reels, and glue.

Packaging materials include printed wrapping paper and nylon bags. All these are 100 per cent available locally.

The total sales revenue is N437.5million from which we deducted our total inputs of N315.

5million thus realizing a gross profit before tax of N122.5million in the first year.

Many Nigerians have burnt their fingers while sourcing local machinery from some inexperienced and dishonest fabricators who produce machines with very low efficiency.

Many investors have been deceived. They also tell big lies about the efficiency, performance, capacity and life span of these machines. To guard against this industrial fraud, prospective investors can contact this writer for free investment advisory services. The issue of availability of raw materials should not disturb anybody because we have so many options to handle it.

On the whole, a toilet roll project is a very good small-scale industry, which can launch a small investor into the world of millionaires within one year.

A three-bedroom flat garage or warehouse may serve, as accommodation while staff strength of eight is required for effective production, marketing and administration. Bigger or smaller plants are also available at competitive prices.

For details on preparation of comprehensive & bankable feasibility studies/ report, sourcing & installation of quality & durable machines; Recruitment & Training, Sourcing of Investment funds, Estimated Cost Implications Preliminary Expenses 500 Machinery & Equipment (depending on the type of machines) 10,000 Working (Variable) 5,500 Accommodation (Rented) (variable) 500 Contingencies 1,250 Total 17,750 For further enquiries, please contact the writer Uba Godwin Global Trust Consulting, 56, Ishaga Road (1st floor), Surulere, Lagos Tel- 08034494437, 08023664368, 09093939140 E-mail: ubagodwin@yahoo.com

LAKPINI: NAPRI’S RESEARCH FACILITIES ARE OLD AND OBSOLETE resulting in non-progressive genetic gains in our national herds/flocks; Bad roads and difficulty in transportation of inputs, livestock and their products make competitive markets inaccessible; Effects of climate change are degrading farm and grazing lands making them less available for the increasing national population; Difficulty in accessing credit facilities for livestock enterprise; Ineffective control of trans-boundary movement of livestock from other neighboring countries into the country; Uncoordinated trans-boundary disease control between countries makes the transmission of diseases easy from other adjoining countries into Nigeria.

What are the basic infrastructure that need rehabilitation to make your Institute the hub for livestock revolution in Nigeria?

The hatchery for poultry production needs to be increased in capacity and efficiency.

There is the need to connect the Institute to 33KVA Dedicated electric power to ensure more regular supply. Rehabilitation of poultry houses and construction of new ones to expand the holding capacity of the buildings needed for expected increased level of production and marketing; Rehabilitation of paddocks to ensure controlled grazing and breeding to prevent overgrazing and inbreeding; Rehabilitation of old animal pens and construction of new ones; Purchase of new tractors and farm equipment for pasture production; Reequipping our laboratories with functional up-to-date facilities; and Rehabilitation of road networks to make them motorable.

What scale of operation do you envisage NAPRI to have to make the desirable impact nationally and internationally?

NAPRI has to have a fully commercialised arm to provide its products for local and international consumption and its services to stakeholders. We want NAPRI live animals, beef, dairy products and poultry products to be of standard quality and competitive for export. The current impetus in the Institute has the vision of making NAPRI the game changer in the livestock industry

production of well established indigenous and exotic pasture species.

Are there policies that need to be enacted or changed by Government to promote livestock production and value addition in Nigeria?

Viable insurance policies should be provided to cover livestock production and ameliorate risks and losses; Credit financing should be made readily accessible for players in the livestock value chain at low single digit interest rate and long moratorium; There should be complete waiver or low import duty rate on livestock equipment.

There should be ban on livestock products in order to provide opportunity for local production.

Lakpini with functional integrated livestock farm that manages farm wastes for biogas generation and organic fertilizer production. There are so many opportunities for the Institute to play its rightful role in making livestock a steady renewable natural resource that will not only secure food on our tables but also be a major foreign exchange earner for the nation through export of live animals and products. There are markets in Europe and Middle East for Nigerian beef, goats and chickens, in West Africa for milk and milk products, etc. We only need to maintain the standard organic production requirements and organize our markets for export.

What modern technologies do your staff members require to match international competence?

They include but not limited to Molecular biology; Stem Cell Culture Analysis; Production of fodder by Hydroponic technique; and Multiple Ovulation and Embryo Transfer (MOET).

What type of collaborations do you see NAPRI entering into to transform it for greater service delivery?

Public Private Partnership with national and international technical and financial pact; Collaboration with relevant institutes in the Consultative Group on International Agricultural Research (CGIAR); and Effective extension service delivery to stakeholders along livestock value chain.

In which of your areas of production does NAPRI have competitive advantage?

In poultry breeding and production, we have the only registered poultry in Nigeria; Beef and dairy cattle breeding and production have been improved for higher performance and yield through crossbreeding and nutrition packages; Sheep and goat breeding and production have attained the level of twice annual lambing/ kidding; Pasture seed breeding and production of various indigenous and exotic species have been on for decades; and Conserved forage

Should Government encourage smallholder or commercial livestock production in Nigeria?

Both smallholder and commercial livestock production are relevant for our stage of livestock development in Nigeria.

The smallholder creates jobs while commercial livestock does not only create jobs but provides large quantity of products for the processing industry and export.

What are the risk factors in livestock production and how can they be mitigated?

Feeds for livestock are getting more difficult to get as a result of climate change causing desert encroachment in the livestock producing areas. Intensive feed production can be done in favorable areas of the country and sold to livestock areas where feeds cannot be produced.

Moreover where funds permit and the soil is fertile, pastures can be produced under irrigation; Livestock diseases are spreading faster with the movement of pastoralists in search of feeds and water for their animals. Trans-boundary surveillance should be stepped up and veterinary medical care made more accessible and affordable for livestock producers; Cattle rustlers rob the owners of their animals and even kill some of them. Security should be beefed up to contain the menace of these gangsters.

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T H I S D AY • TUESDAY, JANUARY 31, 2017

PROPERTY & ENVIRONMENT The Hive Comes Alive at Oniru, Lagos A bold statement in neighourhood shopping has been made with the development of The Hive, a onestop arena in Oniru for work and play. Reports Bennett Oghifo

T

he Hive, conceived and rendered by Hive Properties Limited, a property development company, as a small neighbourhood mall for families in the Oniru and Lekki axis of Lagos.

According to the Company Secretary, Seni Kusamotu, the idea of establishing the facility emerged from the fact that there is a huge population of families in this side of Oniru and Lekki that go all the way to Lekki Phase I to do their shopping and banking transactions, particularly to buy little things like confectioneries.

“We identified the opportunity and we felt we needed to fill the gap in the Oniru and Lekki Ocean Side. The mall is situated on the alternative route for those who do not want to use the toll road for whatever reason. It is a very commercial area and I believe that the Lagos Government has also commercialized this area as well.”

They acquired the land and got the necessary approvals for construction from the Lagos State Government and built the mall on three floors, complete with a roof top. It is just over 2,000sqms lettable space. Interestingly, the anchor tenant is a bank, FCMB, which has a full branch at the mall. “They (FCMB) are our anchor tenant; they supported us and will support us in the future.”

The flow of the facility gives equal opportunities to all shop owners and ease of movement for shoppers and other users of the mall.

Entering the mall from the ground floor are two shops; a large space for fast food outlet and a smaller one for confectioneries, this is 17sqms. It is dedicated to sale of ice cream, frozen yogurt, cupcakes.

On the first floor to the right is the FCMB branch and on the left are shops ranging from 20sqms to 56sqms and this runs to the first and second floors. There are both commercial and office spaces.

He said, “The beauty of the mall is that we also have a roof terrace that is dedicated to neighbourhood lounge, bars, relaxation place where people on their way back from work can sit down and relax, watch a football game and even have diner. That is the general idea.”

The big malls, he said are a bit far from where people live and it could be inconveniencing when all that was needed were a few groceries, a quick bite and do banking transaction.

The shops, according to him, are moderately priced and not in any way close to what the big malls charge and, certainly, the promoters do not charge in foreign currencies. “The shops are very affordable.”

For a neighbourhood mall, the parking space is huge, with enough space for 50 cars at any given time. “We sacrificed building a bigger mall

Architectural presentation of The Hive, Oniru, Lagos

with more lettable space to have more parking, because we believe that people will be more comfortable coming here once they know that they don’t have to wait for people to move or block other vehicles. They would rather come here than go elsewhere with parking problems.

In addition to the parking space is adequate green area. The mall is purpose-built to give a particular feel of space and freedom of movement unlike some facilities that are cramped.

“We have a large area here that is dedicated to greens. It complements the ambience of the mall and projects it.

“For us, we want to get it right from the start and do it properly. The problem these days, which is symptomatic of Nigeria is that everybody wants to maximise their building and do not want to follow physical planning laws but we insisted on adhering to all the physical planning laws. We have a lot of green areas so that people will be comfortable to bring their families here.”

He said other tenants are already fitting out their shops and that prospective tenants were

welcome, adding that they could begin business immediately. “FCMB started operation in the first week of December. They have three ATMs here, in addition to the banking hall upstairs.

We are just putting the last coat of paints with a little adjustments here and there. You can move in and start your business and you don’t have to worry about a lot of things.”

Shop owners have their own toilets and there is a facility manager to ensure that the quality of the mall is maintained. He said it was a good opportunity for small and medium size companies to do business in the facility.

The Hive’s promoter said he would rather not put a figure to the cost of constructing the mall but that it was considerable, particularly with the downturn in the economy and the cost of foreign exchange.

He assured prospective users of the mall that high quality materials were used in the construction and fitting, adding that there is water facility to serve everybody at all times.

There are two treatment plants for water and sewage; four water tanks down and two up.

Shop owners could allow their clients to use their toilet or shoppers can use the communal toilets on the roof top.

On health and safety, he said when the mall was being developed they incorporated fire alarm systems and extinguishers in all the units and a central fire hose on all floors.

Security at the mall is managed by the facility managers. They have CCTV cameras in the external part of the building to capture activities around the mall and there are guards on foot patrol, as well as armed security men by virtue of the presence of the bank.

This is Hive Properties’ first mall and commercial property because they have been involved in private property development.

“We are looking at other areas with low to middle class population like Ilupeju, Gbagada, Surulere, among others.

“We have been in business for about three years and we have being into the development of residential property and now when I do the maths, I know that the development of neighbourhood malls is the way forward.

Nigerite to Launch KalsiClad FG Approves N9bn Mortgage Loans for Civil Servants Nigerite Limited, a complete building components solutions company, plans to introduce its new product called KalsiClad into the building materials’ market, this week.

KalsiClad is a board specifically designed for external wall cladding with light weight and versatile features best for new or renovation projects that demand design flexibility, and modern, contemporary solutions The new product has the benefit of being resistant to the attack of termites, insects and most other vermin represents the climax of momentum that has been building up around the product over time, and officials of the company are assuring that with the new product, prospective home owners are guaranteed

quality and affordable products for construction and building systems The KalsiClad, which will be launched on Thursday February 2, 2016 at the Ikeja office of the manufacturer, will join other quality building materials in Nigerite’s stable, such as fiber-cement roofing (lite span, soloxtra), ceiling sheets (KalsiCeil), compressed sandcrete roofing tiles, Kalsi building boards, among others.

Nigerite Limited, a member of Etex Group Worldwide with over 120 factories in 44 Countries in Europe, Asia, Latin America and Africa has been operating in Nigeria for more than 56years, providing excellent roofing, ceiling, flooring, and dry construction solutions.

Comfort Ogbonna in Abuja The Federal Government has approved N9 billion for the creation of 1,244 mortgages loans for civil servants under the National Housing Fund (NHF) scheme across the country.

The Minister of Power, Works and Housing, Mr. Babatunde Fashola stated this at the 2016 Business Performance Review Session of the Federal Mortgage Bank of Nigeria (FMBN), in Abuja, recently.

The minister, who was represented by the acting Managing Director, of FMBN, Mr. Richard Esin, said: “Of the bank’s 2016 performance included, N9billion approved by the for the creation of 1,244 mortgage loans across the country, under the NHF

scheme.

“The disbursement of N1.2 billion to 1,600 beneficiaries under the bank’s home ownership renovation loan scheme, the disbursement of the sum of N2.7 billion to 22,716 retired contributors as refunds, in line with the NHF Act.” He said the tripartite committee of the bank, the Real Estate Development Association of Nigeria (REDAN) and MBAN, will functions as a clearing house for niggling issues affecting efficient housing delivery in the country.

The minister was impressed with operating surplus of N2.7b posted by the bank for 2016, adding, that this is marking the bank’s return to profitability for the first time in over two

decades.

Also speaking, Esin said the bi-annual programme as part of the bank’s retreat was conceived to provide an opportunity for the different units and officers to report on their key performance indicators, identify critical factors affecting performance, and proffer pragmatic solutions.

He said: “Additionally, the session allows for brainstorming on strategies for improved performance and sustained growth in the immediate future and a review of the broad provisions of the 2017 budget and communicate its goals to the top management of the Bank.

“The minister appreciated and commended staff for their efforts and achievement in 2016, and outlined his expectations

for 2017, including closer InterAgency collaboration, optimal utilisation of resources, stronger stakeholder relationship, and improved staff productivity.”

In a bid to ensure easier access to the NHF Loan Scheme for low income earners, the bank had secured the approval of the ministry to capitalize equity contribution and perfection fees for mortgage applications of N5 million and below, for the bank’s funded estates nationwide.

“This means that Loan applicants will now have 24 months to pay the associated equity contributions and perfection fees for loan amounts under N5 million threshold, which would normally attract upfront equity contribution of 10 percent of the loan amount,” he said.

T H I S D AY TUESDAY JANUARY 31, 2017

29

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T H I S D AY •TUESDAY, JANUARY 31, 2017

BUSINESS/MONEYGUIDE

FG Appoints Goldman, Stanbic to Sell Debut ‘Diaspora Bond’ The federal government has asked Goldman Sachs and Stanbic IBTC Bank to advise it on the planned sale of a debut “diaspora bond” targeted at Nigerians living abroad.

Africa’s biggest economy first announced plans to sell bonds targeting Nigerian nationals abroad in 2013 to raise between $100 million to $300 million.

According to Reuters, Goldman Sachs and Stanbic were due to manage the sale at the time, but the government did not appoint any bookrunners ahead of the election in 2015 that brought President Muhammadu Buhari to power.

United Bank for Africa on Monday said the lender had been appointed as one of the bookrunners on the diaspora bond deal. First Bank and Standard Bank were also

appointed, a local newspaper reported, quoting the debt office.

Nigeria is the world’s fifth-biggest destination for international remittances after China, India, the Philippines and Mexico, with five million Nigerians living abroad sending money back to relatives, according to Western Union.

Remittances make up the second-largest source of foreign exchange receipts in Nigeria, after oil revenues. Citizens living abroad send at least $10 billion home annually. The diaspora bond will have a maturity of five to seven years and will be issued before the second half of the year, the newspaper reported.

A finance ministry source told Reuters this month that the country will look to issue a diaspora bond after completing

a $1 billion Eurobond sale this year.

Last month the government appointed Citigroup, Standard Chartered Bank and Stanbic IBTC to manage the $1 billion Eurobond sale, which it hopes to carry out in March.

The government plans to borrow up to $10 billion, with about half of that coming from foreign sources.

So far only the African Development Bank has confirmed a budget support package of $1 billion. The government has held talks for months with the World Bank, China and other institutions to fund the budget gaps.

The government also plans to issue a debut sovereign sukuk in the local market and is looking to appoint advisers.

Moghalu Urges IMF to Help Africa Manage Resource Dependency Risk A former deputy governor of the Central Bank of Nigeria (CBN), Kingsley Moghalu has urged the International Monetary Fund (IMF) to assist the political leaders of natural resource-dependent African countries create risk management devices such as “hedging” contracts that would counter the negative macroeconomic effects of commodity price fluctuations by locking in oil price sales at specific prices.

Moghalu made the recommendation at a conference that reviewed the latest IMF Africa Regional Economic Outlook report, released in October 2016, according to allafrica.com.

The Institute for International Economic Policy at George Washington University’s

Elliot School of International Affairs hosted the conference recently. Moghalu, who spoke on “Exchange Rate Regimes in Sub-Saharan Africa: Experiences and Lessons,” drew a number of conclusions as lessons from plummeting commodity prices for resource-intensive African countries. He said these lessons included “the importance of the right kind of economic diversification which must be based on competitive advantage rather than comparative advantage, and having the right policy responses while addressing the countervailing political considerations that often prevent appropriate policy responses.”

The former central banker said other lessons from the ongoing macroeconomic crisis in commodity-dependent African

countries included the need to build deeper economic policymaking competence, reinvigorate the independence of key economic institutions such as central banks to prevent politically motivated but erroneous policy choices, and technical support for risk management devices such as hedging, and savings funds.

“The truth is that the fundamental problems of macroeconomic management in Africa often come from political economy factors”, Moghalu told the conference.

“The IMF needs to focus on this challenge and find a way to engage directly with heads of government with advice on the real macroeconomic consequences of certain political decisions”.

FCMB Promotes Export Trade First City Monument Bank Limited (FCMB) has restated its support for the federal government’s drive towards the diversification of the economy.

To this end, the bank recently held a forum for exporters in Kano. According to a statement, the Emir of Kano, Alhaji Muhammed Sanusi II, Executive Director/Chief Executive Officer of the Nigerian Export Promotion Council (NEPC), Mr. Olusegun Awolowo and other stakeholders who attended the customer forum pointed out that the series of customer fora organised by the bank on export trade had been laudable and impressive initiative as it will go a long way to assist the growth of businesses and activities of the government, particularly in its bid to diversify the economy.

The forum, the fourth by the bank in its series, was themed, “Financial Inclusion for Non-oil Exports Growth.” It was aimed at further empowering and enhancing the capacity of its customers and other stakeholders on the rudiments and benefits of export trade and how FCMB could provide support, such as direct export financing, refinancing and rediscounting of sales contracts/invoice (pre-shipment and post-shipment financing) for agro commodities, solid

minerals and other non-oil resources.

Speaking at the event, the Emir urged Nigerians engaged in export trade to move beyond primary products by focusing on the exportation of processed products, which will go a long way to add value to their businesses and the country in general. He stated; “We must realise that the era of Nigeria exporting raw agricultural and other primary products is gone. For us to achieve the required mileage and benefits in international trade, we must redirect our efforts on processing finished products and export these items which will earn us more revenue, build capacity and accelerate the country’s drive towards industrialisation”.

He expressed gratitude to FCMB for organising the forum in Kano, while urging exporters in the state to take advantage of the opportunity to take their businesses to the next level.

In his speech, Awolowo, who was represented by the Regional Co-ordinator, North-West of the Council, Alhaji Abdullahi Mamman, stated that, “the NEPC’s collaboration with FCMB will play an important role in delivering the Zero-oil plan strategy and making the non-oil export sector a significant contributor

to foreign exchange earnings”.

He added that by organising the customer forum, FCMB is helping to build a higher level of engagement with exporters and other stakeholders to promote competitiveness, competence and capacity through innovative and bespoke financial solutions.

Awolowo explained that the zero-oil plan is a coherent agenda to mobilise public and private sector resources towards replacing oil as the main source of the country’s foreign exchange and revenue.

“The focus is to make the world a market place for Nigerian non-oil products. We want to grow non-oil exports from. $2.7billion (2014) to $8billion in 2019 and eventually $25billion by 2025”, he said, adding that, “appropriate trade financing definitely is critical in achieving this feat”.

Commenting on the customer forum, the Executive Director, Business Development of FCMB, Mr. Adam Nuru, said it was one of the various initiatives of the bank to build the capacity and support customers to take their businesses to the next level in order to effectively leverage on available opportunities, such as those provided by financial inclusion and e-payment solutions.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

OCTOBER 2016 Broad Money (M2)

22,275,512.54

-- Narrow Money (M1)

10,023,616.69

---- Currency Outside Banks

1,521,797.77

---- Demand Deposits

8,501,818.92

-- 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)

23,069,635.07

--Other Assets Net

-12,120,415.62

Reserve Money (Base Money)

6,580,594.55

--Currency in Circulation

1,825,664.51

--Banks Reserves

4,415,126.62 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

20

120.47

120.47

Stanbic IBTC Ethical

1

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

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

OPEC DAILY BASKET PRICE AS AT FRIDAY 27, JANUARY 2017 The price of OPEC basket of thirteen crudes stood at $52.88 a barrel on Friday, compared with $52.91 the previous day, according to OPEC Secretariat calculations.The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), 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

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T H I S D AY •TUESDAY, JANUARY 31, 2017

MARKET NEWS

Onyema: NIPCO Will Add Value to Mobil Oil Nigeria Goddy Egene and Nosa Alekhuogie The Chief Executive Officer, Nigerian Stock Exchange (NSE), Mr. Oscar Onyema has said the acquisition of 60 per cent stake in Mobil Oil Nigeria Plc by NIPCO Plc will add value to the investor and other stakeholders of the company.

Onyema stated this during a visit to the NIPCO management

in Lagos yesterday. He said the NSE is keen at supporting businesses to achieve greater success and thrive within the enabling environment as well as provide organisations with various opportunities to fund their long term objectives.

According to him, NIPCO, as a critical stakeholder needs all the support with various initiatives and opportunities available via the capital market to enable the

company excel in the sector .

He stressed that NIPCO’s 60 per cent stake in Mobil Nigeria Oil is a great development for the industry and indeed a great achievement for Nigerian own investment company.

“An industry that is expanding and imparted greatly to the growth of the oil and gas sector like NIPCO needs to be commended growing the sector and boosting the local

content development. So we think it is a good development for the company, it also gives great potential for indigenous company to get global visibility.

We are indeed impressed with NIPCO track record on safety and how serious they took safety very important,” he said.

However, Onyema urged the management of NIPCO to consider listing on the NSE, explaining that it gives more

credibility and attracts more shareholder to the company.

In his remarks, the Managing Director of NIPCO, Mr. Venkataraman Venkatapathy hailed the NSE CEO and its management team for the visit.

He assured stakeholders that the acquisition is a new era that will usher in stability, prosperity, sustainability and growth.

He noted that the Nigerian economy still provides a robust

and premium return on investment, adding that his company was privileged to have been given this opportunity by ExxonMobil on its home ground.

“We wish to give every assurance to ExxonMobil that having entrusted us with this invaluable asset (Mobil Oil Nigeria), we will ensure full brand compliance with ExxonMobil’s global standards as well as rigorously sustain.

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

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TUESDAY JANUARY 31, 2017 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

White House Official, in Reversal, Says Green Card Holders Won’t Be Barred A top White House official appeared to reverse a key part of President Trump’s immigration order on Sunday, saying that people from the affected countries who hold green cards will not be

prevented from returning to the United States.

But the official, Reince Priebus, the White House chief of staff, also said that border agents had “discretionary authority” to

Many Muslims Converting to Christianity to Remain Safe Many Syrian refugees are converting from Islam to Christianity in order to find safety in Lebanon.

According to UK Telegraph, the refugees revealed that they decided to convert to benefit from the generous aid distributed by Christian charities and to help their asylum applications to Europe, the United States, Canada and elsewhere.

Ibrahim Ali, one of such converts, said people like him would do anything to secure their family.

“Almost everyone attending the classes was Muslim. Mostly Syrian and Iraqi refugees. I’d never seen anything like it – Muslims singing about Jesus,” Ali said.

“Changing religion in the Middle East is a very big thing.

In Syria you very occasionally hear of Christians converting to Islam but never the other way round.

“A lot of people are doing it to get to Europe, the US and Canada.

While I plan to stay in Lebanon, I know hundreds who been baptised just to help their applications. They would do anything to have security for their family.”

Ali said he fled his home in the countryside of Aleppo for Lebanon shortly after the war started in 2011.

He said he was working with the hope of raising some money to support his wife and the seven children he left behind.

Along with her family, Alia al-Haji, a 29-year-old mother,

attends a church in the nearby Christian neighbourhood of Achrafiyeh. al-Haji said once she is baptised, she plans to apply to Canada for asylum.

“The UNHCR (United Nations High Commissioner for Refugees) tells us it doesn’t help your application to be Christian, but that’s not our experience,” she said.

“The Lebanese hate the refugees, so they make life as hard for us as possible. My son is sick and we can’t afford medicine. My husband is not allowed to work – I feel we will die here if we stay.”

Said Deeb, a pastor, at the Church of God, where Ali worshipped and was baptised, said the refugees come to beg him to help them convert to Christianity because they feel it would help them claim asylum abroad.

“I have people begging me to help them become Christian.

They think it will help them claim asylum abroad. They say ‘just baptise me, I will believe in whoever just to leave here’,” Deeb said.

“But even if they come for the food and clothing, we see that God changes their hearts. We never force anyone into the religion, it must be their choice, they must accept Jesus.”

Recently, President Michel Aoun of Lebanon declared that the country could no longer support the huge number of refugees.

detain and question suspicious travellers from certain countries.

That statement seemed to add to the uncertainty over how the executive order will be interpreted and enforced in the days ahead.

Mr. Priebus defended Mr. Trump’s order on NBC’s “Meet the Press” programme, saying it had been carried out smoothly and was protecting Americans from terrorist threats. On Saturday, a day after the order was issued, airports were marked by scenes of confusion and protest as of-

they were confident that the threat was “under control”.

More than 50 people were at the mosque when shots were fired.

Among those wounded, five were in critical condition in hospital and 12 others sustained minor injuries, according to University of Quebec Hospital Centre spokeswoman Genevieve Dupuis.

The dead were aged between about 35 and 65, Canadian authorities have confirmed. Police have also increased security efforts at all religious sites in the province while 75 provincial officers were working on the case.

The two suspects may appear in court as early as Monday, officials said.

Was this a terrorist attack?

Prime Minister Justin Trudeau and Quebec Premier Philippe Couillard both described the attack as a terrorist act, but authorities were reluctant to label it as such.

The attack came as protests over US President Donald

Mr. Priebus said several times during the NBC interview that green card holders would not be subject to the order “going forward.” But he repeatedly suggested that anyone, including American citizens, would be subjected to additional scrutiny if they travelled from any of the seven predominantly Muslim countries identified in the order.

“If you’re an American citizen travelling back and forth to Libya, you are likely to be subjected to further questioning when

you come into an airport,” Mr. Priebus said. He added later, “There is discretionary authority that a customs and border patrol agent has when they suspect that someone is up to no good when they travel back and forth to Libya or Yemen.” Mr. Priebus said that travellers from the seven countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — would be “subjected, temporarily, with more questioning, until a better system is put in place.”

AU Criticises US for ‘Taking Many of Our People as Slaves’ and Not Taking Refugees The head of the African Union has criticised Donald Trump’s ban on immigration from some Muslim-majority countries, saying it presents “one of the greatest challenges” for the continent.

As representatives of the AU’s 53 member states met in Addis Ababa for a two-day summit, the chief of its commission said the bloc was entering “very turbulent times” after the US President’s election.

“The very country to which many of our people were taken as slaves during the transatlantic slave trade has now decided to ban refugees from some of our countries,” said Nkosazana Dlamini-Zuma.

Donald Trump announces a ban on refugees and all visitors from Muslim-majority countries “What do we do about this?

Indeed, this is one of the greatest challenges to our unity and solidarity.”

Mr Trump’s executive order prevented people with passports

Quebec Mosque Shooting: Police Arrest a Suspect and a Witness Canadian police have detained two men in connection to a deadly shooting at a mosque in Quebec City, Canada.

One of the men is suspected in the attack on the Quebec Islamic Cultural Centre that left six people dead and the other is a witness, police said.

Police had earlier said both men were suspects in the shooting, which also left five people in critical condition.

One man was arrested at the scene and a second man held after he called 911, police said.

Who has been arrested?

The two men who were detained are believed to be in their 20s or early 30s and had no prior police record before the incident, authorities said.

The second man was apprehended in his car on a bridge leading to Orleans island after he had called authorities, according to police.

Police have yet to give a motive for the shootings, citing an ongoing investigation.

Canadian authorities said they did not believe there were any additional suspects and

ficials tried to interpret the order, including how to handle green card holders.

On Sunday, Mr. Priebus appeared to announce a dramatic change in those policies, saying that “as far as green card holders, moving forward, it doesn’t affect them.” Around the globe on Saturday, legal residents of the United States who hold valid green cards and approved visas were blocked from boarding planes overseas or detained for hours in American airports.

Trump’s travel ban on several Muslim countries gripped the US. When asked if Mr Trump’s actions influenced the attack, Mr Couillard said no, but added: “We are obviously in a world where people tend to divide themselves rather than unite themselves”.

Mr Trump called Mr Trudeau on Monday to offer his condolences and any assistance in the wake of the attack.

The president of the mosque, Mohamed Yangui - who was not inside at the time - said the shooting had happened in the men’s section of the mosque.

“Why is this happening here?

This is barbaric,” he said.

On its Facebook page the centre thanked the public “for the hundreds of messages of compassion”.

In June last year the same mosque was the target of an Islamophobic incident when a pig’s head was left in front of the building, with a card saying “bon appetit”.

Eating pork is forbidden in Islam.

from three African nations – Libya, Somalia and Sudan – from travelling to the US. It also blocked visas for citizens from four Middle Eastern countries – Syria, Iraq, Yemen and Iran.

The President has also suspended all US refugee programmes for 120 days, and ended the flow of Syrian refugees to America indefinitely.

Also speaking in Ethiopia, the UN Secretary General commended African countries for opening their

borders to refugees and people fleeing violence while other parts of the world, including the developed West, close boundaries and build walls.

Antonio Guterres, attending his first AU summit as the UN chief, said: “African nations are among the world’s largest and most generous hosts of refugees.

“African borders remain open for those in need of protection when so many borders are being closed, even in the most developed

countries in the world.”

Mr Guterres didn’t make a direct reference to the recent executive orders signed by Mr Trump, which also included a commitment to build a wall along the Mexican border, but his comment drew enthusiastic applause from hundreds of African leaders, officials and dignitaries who attended the opening of the summit, the Associated Press reported.

TUESDAY JANUARY 31, 2017 • T H I S D AY

33

NEWSEXTRA

Alleged Threat to Life of Prosecution Witness Stalls Justice Ademola’s Trial Alex Enumah in Abuja The trial of a Federal High Court judge, Justice Adeniyi Ademola, his wife, Olubowale and a senior lawyer, Joe Agi (SAN), for alleged gratification and criminal breach of trust was yesterday stalled over alleged threat to life by a prosecution witness, one Dr. Shaibu Teidi.

Justice Ademola, his wife, Olubowale and Agi were arraigned by the federal government on a 16-count charge of criminal conspiracy to offer and receive gratification in various ways contrary to section 8(1)(a) of the Independent Corrupt Practices Commission and Other Related Offences Act 2000.

At the resumed hearing

yesterday, Jegede informed the court that one of his witnesses, Dr. Shaibu Teidi, had alleged threat to life and that the witness himself had reported the matter to the police in Maitama division in Abuja.

He said based on this, the police had taken Teidi to a secured destination, making his presence in court today (yesterday) not possible.

Jegede therefore urged the court to adjourn the case till Wednesday for the continuation of trial, adding that such would enable him to get his witnesses.

In a short ruling, trial judge, Jusutice Jude Okeke held that it was not ready to delve into the issue since it has been reported to the police.

Okeke ordered the Inspector

N’West APC Condemns Attacks on Buhari The North-west zone of All Progressives Congress (APC) has condemned the issues being raised over President Muhammadu Buhari’s health and vacation, saying it was unwarranted and unpatriotic.

In a communique after its meeting in Katsina yesterday and signed by its National Vice Chairman, North-west, Alhaji Inuwa Abdulkadir, the party said the issues smacked of desperation of the opposition in the country.

It said the zone had declared total support for Buhari’s administration, in its bid to move the nation forward.

“The meeting emphasised the need for members of the National Assembly from the North-west to fully support the president in his effort to provide responsive leadership to Nigeria.

“The meeting called on Northwest zonal leadership of the party to engage members of the national assembly, ministers, and heads of government agencies to ensure that policies and programmes fall in line with the party’s manifesto.

“The meeting emphasized the need for elected and appointed

public officeholders to undertake periodic consultation with constituents to enlighten them on government policies and programmes, and at the same time, receive feedback for effective service delivery.

“The meeting reiterated its support to seven governors in the North-west region in their effort toward economic integration of the region within the context of the north-west economic cooperation and integration framework,” the communiqué said.

The party also appreciated the seven states in the zone for their initiative in identifying high development priority areas like education, healthcare, agriculture, water resources, energy, solid minerals and industrialisation.

It called on party members to rise in the defence of the hard-won but overwhelming mandate of the majority of Nigerians by eschewing all forms of internal conflict and division.

“We should appreciate the need to rally round our leaders and for the leaders to carry all members along in flying the flag of APC,” the communiqué said.

Acting CJN Asks NBA to Nominate Lawyers for Appointment into Supreme Court Tobi Soniyi in Abuja Acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has given legal practitioners just three days to apply for appointment as justices of the Supreme Court.

In a notice issued yesterday by the President of the Nigerian Bar Association (NBA), Mr. Abubakar Mahmoud (SAN), the acting CJN asked the NBA to nominate suitably qualified legal practitioners to apply for appointment as Justice of the Supreme Court.

This notice read: “Pursuant to Section 231(2) of the 1999 Constitution, the acting CJN has invited the NBA to nominate suitably qualified legal practitioners to apply for appointment as a justice of the Supreme Court of Nigeria.

“Interested legal practitioners are hereby required to send their hard copy profile to the following address: NBA House, 8th Floor,

Office of the President, Plot 1101 Muhammadu Buhari Way, Central Business District, Abuja, FCT. “Lawyers can also send their profile by email to: info@ nigerianbar.org.ng andinfo1@ nigerianbar.org.ng.

“The deadline for the submission of profile shall be on February 3, 2017 at 5p.m. prompt.

“Please take note that this notice is urgent and important and the deadline shall not be extended.”

This announcement confirmed speculation that the presidency prefers to appoint Chief Justice of Nigeria from outside the present crops of justices in the bench.

Prior to this announcement, justices of the Supreme Court were opposed to appointing a lawyer directly to the apex bench.

It is not clear whether the acting CJN was put under pressure to succumb to the idea of appointing lawyers directly to the apex court.

General of Police to provide security for the prosecution, its witnesses, the defence team and all their witnesses.

The judge however, declined to adjourn till Wednesday as requested by the prosecution, noting that it was just one of its witnesses that alleged threat to his life.

He urged him to call on other witnesses.

Justice Okeke while berating the prosecution for adopting what he called delayed tactics in the trial, warned that the court would not hesitate to take drastic measures if the prosecution fails to present its witnesses at the next adjourned date.

Okeke said: “Apart from those reasons, the prosecution did not give any other reason.

This is not acceptable to this court. The record of the court showed that the matter was adjourned till today for ruling and continuation of trial.

“Prosecution has other people listed as witnesses asides from Teidi and the prosecution has not said any of the other witnesses are being threatened.

The implication is that apart from Teidi and a staff of GTBank, the prosecution is not prepared to proceed with the trial.

“This is unacceptable to the court. The court is ready to go ahead with the trial. It was on that the court granted an order of accelerated trial. Even today, because of this case, the court this morning adjourned 11 other cases so as to hear the witnesses.

“The action of the prosecution has made the court to act in vain, especially to the defendants and other litigants that their cases were originally listed.

“The application for adjournment is uncalled for, unreasonable and does not fall in line with the attitude of the present government as contained in ACJA. It is not good enough,

it is not with the spirit of time.

“On account of the foregoing, the prosecution has not given a cogent reason for the grant of the application, but the court will indulge the prosecution by granting the adjournment.

“But instead of the Wednesday requested by the prosecution, I will adjourn till tomorrow, and if the prosecution fails again to produce its witness, the court will do the needful. To ‘before warned is to before harmed’.

The court later adjourned till today instead of tomorrow which the prosecution requested for.

Earlier, counsel to Ademola, Onyechi Ikpeazu (SAN) had objected to the information being given by the prosecution on the grounds that such should have been communicated to him first.

Ikpeazu and counsel to the other defendants submitted that the prosecution should apply to withdraw the charge if it has no witness to bring.

According to them, the prosecution had listed 14 witnesses out of which they have only called six.

They stated that by the allegation, since only Teidi was threatened, the prosecution should therefore go ahead and call other witnesses who are not threatened to come and give evidence in the matter.

They further submitted that the pendency of the suit is hampering the dispensation of the duty of the first defendant who is a serving judge and the second defendant who is the current Head of Service of Lagos State.

The defence counsel further submitted that the application for adjournment is not in tandem with the spirit of Administration of Criminal Justice Act which provides for speedy dispensation of justice.

They therefore urged the court to dismiss the application.

RENDERING STEWARDSHIP

L-R: General Manager, Nigerian Civil Aviation Authority (NCAA), Mr. Sam Adurogboye; Director General, NCAA, Capt Usman Muktar; Director, Training, NCAA, Capt. Abdullahi Sidi; and Director, Directorate Consumer Protection, Alhaji Adamu Abdullahi, during the press briefing on the achievement in aviation industry for 2016 and it plans for 2017 i n Lagos....yesterday Kolawole Alli

Akiolu: Atiku, Daura Plotted My Removal from Nigeria Police Says police commission is a toothless bulldog Gboyega Akinsanmi

lamented the state of the Nigeria Police, which he said, was crippled Oba of Lagos, Oba Rilwan Akiolu, by the previous military regimes, yesterday disclosed that former Vice especially from 1984 to 1999 and President, Abubakar Atiku;Director- outright neglect by the successive General of Department of State administrations.

He said he “was a victim of Services (DSS), Mr. Lawal Daura, others plotted his ouster from the that circumstance. Then Atiku, Daura and others sat down and Nigeria Police in 2002.

The monarch also said it was advised President Obasanjo that possible for them to convince if he wanted to win Lagos in former President Olusegun 2003, I should be removed. It Obasanjo to summarily retire him was written on paper.”

The monarch therefore, from the Nigeria Police because the Police Service Commission defended the former president, (PSC) “is a toothless bull-dog.” whom he said, argued that He revealed this at a he “did not know anything stakeholders’ meeting held in about it. He had to send for the Victoria Island, Lagos, describing Inspector-General of Police (IG) his retirement from the force as because the then Chief of Staff conspiracy by chieftains of the challenged the plan to retire me.

“For someone to sit at the PSC Peoples Democratic Party (PDP) to win 2003 elections in Lagos. and determine who retires from At the meeting, the monarch the police is unfair. This is not

how to run a very efficient and effective police force,” Akiolu lamented.

He condemned the manner former IG Mr. Tafa Balogun, was humiliated out of office, saying Alhaji Gambo “is still bitter because he wanted Balogun to disclose what the PDP wanted him to do in 2003.

“All the money they alleged Balogun was possessing was contributed by some serving governors then. So, the PSC is a toothless bulldog. I have asked the officers who took the federal government to court to withdraw the suit and go and claim their benefits.”

Akiolu narrated what he encountered in 1984 when he was serving as the head of the police strike force, lamenting that it was the military that killed the

efficiency and performance of the Nigeria Police.

Unlike in the past, the monarch said President Muhammadu Buhari “is willing and prepared to assist the Nigerian police,” thus urging him to work with open minded people who would give the IG free hand to run the Nigeria Police.

He said: “We are clamouring for community policing at the moment. But I must tell you that it requires dedication, funds and men who are prepared to work.

The reason for police barracks collapsing was that “The federal government needs to release funds to rehabilitate the barracks in order for the Divisional Police Officers and others top police officers to live within the community they have been assigned to work.”

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NDDC Sets 21-point Agenda for Niger Delta Development The Niger Delta Development Commission (NDDC) has reaffirmed its commitment to making the commission’s systems and processes more transparent for sustainable development of the Niger Delta region.

This was contained in a 21-point focus set out at the board’s inaugural meeting in Port Harcourt, Rivers State last Thursday as strategic to regional development.

NDDC Chairman, Senator Victor Ndoma-Egba, stated that it was imperative to create opportunities “for public participation to engender confidence in the activities of the commission by all stakeholders in the region.”

Other points, Ndoma-Egba stated, included curtailing the indiscriminate award of contracts in the commission and that the board’s approval must be obtained for all procurement of projects and programmes.

He said: “The board must adopt policies that would moderate or streamline the number of new procurements in the commission, given that as at today, NDDC has over 9,000 ongoing projects, most of which are experiencing funding, implementation and other challenges.

“The board must determine the status of each ongoing projects and programmes and put in place a mechanism to re-evaluate the viability of some projects, revise the scope of others, re-negotiate the cost of some and relocate or merge others, as well as evolve a strategy for settling verified debts.”

The NDDC chairman also said because of paucity of funds, it was inevitable to prioritise projects and

programmes, stating that “deliberate efforts must be made to determine the number of projects that can be focused upon and quickly completed.”

He declared that “as a matter of urgency, the corporate headquarters building of NDDC and the remaining state office buildings must be given serious attention by the board.” Other points raised by the board included: “That appointments and postings of staff must be based on equity, competence and determinable criteria “Build synergy with all critical stakeholders especially the Amnesty Programme, the Ministry of Niger Delta Affairs, and relevant ministries, Departments and Agencies (MDAs), development partners and security agencies among others.

“Efforts must be made to implement an NDDC master plan.

Ad hoc ‘short term’ solutions have proved unsustainable; We have to transparently and strategically engage critical stakeholders; the governors, the members of the state Houses of Assembly, the staff, traditional rulers, oil companies, youths (including the agitators) women, the disabled, environmental right activists etc. Efficient collaboration will make the commission an actual development agency instead of its present perception as a contract awarding commission; “Private sector participation will have to be encouraged in the various developmental activities while development partners will be engaged to ensure delivery of relevant projects in the Niger Delta region.

FGVows Action against Destroyers of 190-year-old Brazilian Building in Lagos Olawale Ajimotokan in Abuja The Minister of Information and Culture, Alhaji Lai Mohammed, has promised that the federal government will not let the persons who pulled down a historic structure built by returnee slaves from Brazil to go scot-free.

Muhammed made the vow in a statement issued yesterday after inspecting the cite of the 190-year-old structure in Lagos at the weekend.

The Brazilian themed edifice was gazetted as a national monument in 1956.

Government has already instituted legal actions against the developers over the property.

Muhammad vowed that government would not tolerate the destruction of national monuments anywhere in the country for whatever reason. ‘’Because they wanted to develop this place, they have broken so many laws. Fortunately, this is a country of laws and we are ready to meet them in court and one thing I can assure you is that nobody can benefit from his own crime. ‘’I want to assure you that we will challenge them in court and we are going to get our reliefs and we will restore this building to its formal glory. We have the picture, we will rebuild it,’’ he said.

He lamented that the monument

was symbolic as it chronicled the historical, cultural and social relationship between Nigeria and Brazil. ‘’It is like a living monument of our (slave trade) past. It was a monument that exhibited the Brazilian architecture at that time, which is rare to come by anywhere in the world. It is a remembrance of what our ancestors went through in slavery and how they triumphed, came back and showed that they were well-to-do. The important thing is that a people without history will perish very fast. This building was worth billions of dollars because it symbolised our past. ‘’No amount of skyscrapers can replace this history and all important monument that has been demolished, and I want to assure you that nobody can profit from his crime. You cannot go to court now and say that because the structure has been destroyed, the land should go back to the owner. ‘’This is why I have come here with the (Lagos State) Commissioner of Police, who has been quite helpful. I want to assure Nigerians that we are going to pursue whoever has destroyed this place.

It may take time, but the hand of the law is long and the wheel of justice grinds slowly but surely,’’ he said.

“To involve the communities in the sustainable clean-up of the environment, and traditional and community leaders must be educated on the menace of pipeline

vandalism, and its effect on the environment. Communities have to be encouraged on proper waste management and the impact on the economy. The commission

will identify beneficial ways of converting waste to wealth.”

Ndoma-Egba also reiterated the need to win the confidence of all stakeholders in the process

of development, stating that the responsibility of changing the fortunes of the Niger Delta and improving the living conditions of the people rest with everyone.

I FEAR NO EVIL

Senior Pastor of the Omega Fire Ministries, Apostle Johnson Suleman, addressing the media before leaving for the Department of State Services (DSS) Headquarters in Abuja...yesterday Kingsley Adeboye

2019 Election: FG Unveils Indigenous Solar-powered ElectronicVoting Machine Dele Ogbodo in Abuja The federal government through the National Agency for Science and Engineering Infrastructure (NASENI), an agency under the Ministry of Science and Technology, yesterday unveiled a tamper proof solar-powered electronic voting machine as an improvement to the existing Independent National Electoral Commission (INEC) process for the 2019 elections.

Demonstrating how the machine works with cloud-based computing, the Minister of Science and Technology, Prof. Ogbonnaya Onu, said the home-grown machine addresses ballot box snatching, multiple thumb printing, failure of card reader and alteration of data between polling units and collation centres.

According to the minister, the indigenous voting machine, has

provision for real time election result as voting progresses, provision for diaspora voting, incorporates facial recognition, voters identification in addition to thumb print and card reader.

Onu, who was impressed with the machine said: “I’m exceptionally happy that the agency has made this major contribution and breakthrough to our nation. For too long, election in the country, has been characterised by malpractices with lots of energy and resources spent on post elections court processes and litigations.”

He said his charge to the NASENI to develop a tamper proof voting machine on assumption of office is the ministry’s contribution in making Nigeria conduct a free and fair election, adding: “We want election to be something that people will just move and cast their vote and go back and continue with

their life.

“We believe that it is important that every vote must count and every voter matters and this will make our democracy very strong.

“Then, Nigeria will be in a position to elect the person that will represent their interest of those who elected them, because if elections are not free and fair then those elected through falsification and malpractices will not really represent the wish of the people.”

The minister said further: “We are happy that this machine is home grown, it came through a challenge I threw to NASENI because I know that they have the capacity as they have conducted research in nanotechnology in artificial intelligence.”

However, Onu who regretted that lack of adequate funding is a challenge to innovation and research said: “I want this voting machine to

be the best machine in the world.

“This agency must continue with research and innovation, government will support you no matter the serious problem with funding, the ministry will support you to improve the quality of this machine and also make it smaller for effective use in future elections.”

In a remark, the DG of the agency, Prof. Mohammed Haruna, said the breakthrough came through the challenge which the minister gave while on tour of Artificial Intelligent Facility at NASENI’s Electronic Development Institute in Awka, to develop efficient, reliable but indigenous electronic voting machine that is tamper proof.

He said the agency has demonstrated the capacity to develop indigenous solutions in hydro electric turbine, solar modules of various wattages, tricycles, motorcycle and high energy saving LED lights.

SENATE: WE‘LL AVOID PITFALLS OF 2016 BUDGET PROCESS THIS YEAR where we play our own role to see that the bills that we have, that we want to accompany the Appropriation Bill with, we can finish them on time, that will allow private sector participation here.

“In line with our processes for 2017 and budget processes, the two innovations that we are bringing in - one is a public hearing which is going to take place likely in the week between the 7th to the 8th of February on the budget and also the meeting with the leadership and chairmen of the committees which was scheduled to take place today but I am going to announce a new date for. And also while we are doing this exercise, one issue raised by our colleagues is the equitable distribution of projects. I will like all our respective committees to

take care of that to give a sense of belonging by all and I hope that in this area, we would ensure that we do our best in ensuring that this exercise is better than that of last year. I hereby refer the bill to the Committee on Appropriation to report back in three weeks,” he said.

Meanwhile, the Lawanyesterday met with Vice President, Yemi Osinbajo, to brief him on the progress made so far by the upper legislative chamber in the consideration of the 2017 Appropriation bill by the National Assembly.

Answering questions from State House Correspondents after he met with the Osinbajo, Lawan said senators on the platform of the ruling All Progressives Congress (APC) and the opposition parties

were unanimous in the support for President Muhammadu Buhari to succeed.

Asked why he was at the Villa, the lawmaker said: “I’m here to meet the acting president to brief him on what the Senate is doing on the Appropriation Bill 2017.

You know we have suspended plenary for three weeks. The idea is to have ample time to focus on the appropriation bill. The committees will start to work from this week meeting the MDAs on the budget defence that they need to do.

“Secondly, you know that the acting president is an APC Acting President of this our administration.

As a new Senate Leader, it is also important that I come here to this office to tell the acting president and our administration that the

APC caucus in the Senate is now a united caucus.

“We are ready as a caucus to support our administration; we are also ready as a Senate, that is both the APC and the minority parties, to work for the betterment of Nigerians. Our colleagues in the opposition have always been supportive and being there for the Senate to function.

“So, on the whole the development is to ensure that this government delivers in its campaign promises to Nigerians by the executive and the legislature working hand in glove and in a synergistic manner in that our campaign promises become real and available to all Nigerians for the betterment of the country.”

TUESDAY JANUARY 31, 2017 • T H I S D AY

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APC Crisis Deepens, Expels Rivers Minority Leader for Anti-party Activities Ernest Chinwo in Port Harcourt

The crack in the All Progressives Congress (APC) in Rivers State

has deepened as the party has expelled the embattled newlyelected Minority Leader of the state House of Assembly and member representing Akuku-Toru

Police Seal Ondo Assembly over Leadership Crisis James Sowole in Akure The leadership crisis rocking the Ondo State House of Assembly yesterday took a turn for the worse as the state Police Command sealed the assembly complex in Akure after a rowdy session between two factions of the lawmakers.

The state Commissioner of Police, Mrs. Hilda Harrison, ordered the sealing of the complex, which she said was caused by the noise from the assembly chamber, where the two factions wanted to conduct the day’s plenary session with each side claiming leadership.

Tension had been building up over the leadership crisis, following the suspension and subsequent impeachment of the Speaker, Hon Jumoke Akindele; her Deputy, Hon Fatai Olotu, and the Majority Leader, Hon Dayo Akinsoyinu.

Yesterday’s shouting match started when the embattled speaker arrived at the assembly chamber and found the purportedl new Speaker, Hon Malachi Coker, on the speaker’s seat while other members of his faction had taken their position on other seats.

Enraged by the development, Akindele, who arrived later with her faction, challenged Coker that he was not supposed to sit on her seat while the purported new speaker told her that she and the other two principals had been impeached.

The altercation between the two speakers spread to their respective supporters which made the entire complex rowdy and

attracted the attention of the Police Commissioner who ordered the sealing of the Assembly premises on the order from the above.

The two factions had been playing a cat and mouse game with each other since last Friday’s purported impeachment over allegation of fraud involving N15 million.

The police commissioner said the assembly would be opened when the warring lawmakers are ready to allow peace reign in the state.

The lawmakers hurriedly left the assembly in groups, while workers were seen returning to their various homes.

Though, the two camps have 13 lawmaker on their sides, the aggrieved camp claimed that three principal officers had been suspended, saying the other side only have 10 members.

After being driven away by the police, the two factions addressed a press conferences separately to state their positions on the matter.

While the Akindele’s camp addressed journalists at the resident of her deputy, Hon. Fatai Olotu, the Coker’s team addressed journalists at a popular hotel in Akure, the state capital.

Hon. Ogundeji Iroju and the acting Majority leader of the assembly, Hon. George Olumide, who addressed journalists on behalf of the group, insisted that the impeachment of Akindele and the other principal officers remained.

Restore Wike’s Security, Rivers Traditional Rulers Tell Buhari Ernest Chinwo in Port Harcourt

Rivers State traditional rulers have called on President Muhammadu Buhari to use his office to prevail on the Police High Command to restore the security detail of Governor Nyesom Wike.

This is as Wike assured the traditional rulers that all the local government areas in the state would have at least two projects as his administration spreads development to the nooks and crannies of the state.

Speaking at the 105th quarterly meeting of the state Council of Traditional Rulers yesterday, Chairman of the council, King Dandeson Douglas Jaja, Jeki V, Amanyanabo of Opobo Kingdom, also called on the Inspector General of Police (IG), Ibrahim Idris, to revisit the dismissal of six policemen who protected Wike when he came under attack on December 12, 2016.

The Rivers State Council of Traditional Rulers declared: “We call on well-meaning Nigerians especially our President and Commander-in-Chief, Muhammadu Buhari, to prevail on the IG to

Constituency 1 in the assembly, Hon. Frederick Anabraba, for alleged anti-party activities.

The crack in the APC came to public glare two weeks ago when Anabraba was nominated by members of the majority Peoples Democratic Party (PDP) to run as minority leader of the house and defeated the choice of the minority APC and member representing Eleme Constituency in the assembly, Hon. Josiah John Olu, for the position.

Following the election of Anabraba, APC lawmakers in the assembly protested and staged a walk-out for the hallowed chambers.

Since then, all has not been well with the party as some pressure

groups within the party have addressed journalists expressing solidarity with Anabraba while others insist he must vacate the position to allow the choice of the party to take over.

The issue however came to a head yesterday as the party made public a letter to the embattled lawmaker, dated January 27, 2017 and signed by the state chairman, Dr. Davies Ibiamu Ikanya, accusing him of negligence and disobedience to constituted authority of the party by refusing to honour invitations on three occasions.

The letter titled: ‘Expulsion from APC, state chapter for antiparty activities, disobedience and negligence in carrying out lawful directives of the party,” was copied

to the national chairman and deputy national chairman (South-south) of the APC, respectively.

It read in part: “The State Working Committee (hereinafter referred to as SWC) of the APC, Rivers State chapter, having invited you three (3) times to her meeting to discuss the allegations of your anti-party activities, disobedience and negligence in carrying out lawful directives of the party, and refusal to attend any of the three invitations.

“The SWC, in her meeting of January 27, 2017, has resolved that you are guilty of anti-party activities; also guilty of disobedience and negligence in carrying out lawful directives of the party.

“Your willful and consistent

refusal to attend the proceedings on the three occasions you were invited has confirmed your disrespect to constituted authority of the party.

“The party considers your willful and deliberate refusal to make yourself available to answer to the allegations against you as sufficient confirmation that the said allegations against you are true.

“Therefore, the party, in pursuant to relevant provisions of the Constitution of the APC (October 2014 as amended) particularly Article 21 (A) ii, iii, hereby expels you from the party forthwith.”

Efforts to get Anabraba’s comments were not successful as he neither answered his calls nor responded to text messages to his phone.

IN THE SPIRIT

L-R: General Overseer of the Redeemed Christian Church of God (RCCG) Worldwide, Pastor Enoch Adeboye; Rivers State Governor, Nyesom Ezenwo Wike; his wife, Justice Eberechi Suzzette Nyesom-Wike, during the 2017 Holy Ghost Rally of RCCG in Port Harcourt....

Sunday.

47,229 Awaiting Trial in Our Prisons, Says Osinbajo Gboyega Akinsanmi

The Vice President, Prof. Yemi Osinbajo, yesterday lamented restore our governor’s security the delay in the country’s justice details to their former position. administration, which he said was “As royal fathers, we do not the reason 47,229 detainees “are want to be partisan, but we also still awaiting trial in the prisons.” want to use this medium to call Likewise, Lagos State Governor, on the IG to revisit the dismissal of Mr. Akinwunmi Ambode, said no these policemen who were merely country would achieve sustainable carrying out their legitimate duty economic growth without a of protecting their principal, the functional judicial system, which he governor of Rivers State.” said was an attraction for foreign The state traditional rulers stated investors. that by stripping Wike of his trusted The duo expressed concern security details, the police had on the country’s rising prison exposed him to attack by assassins, population at a stakeholders’ kidnappers and cultists. forum on justice administration On the delivery of democracy organised by the Lagos State dividends, the traditional rulers Ministry of Justice at Eko Hotel lauded Wike for his state-wide and Suites, Victoria Island. execution of developmental projects.

The forum, which was convened “We are grateful to Wike and by the Attorney-General and his administration for the even Commissioner for Justice, Mr. distribution of road projects Kazeem Adeniji, was designed to throughout the three senatorial discover more innovative ways districts of the state,” Jaja said. to strengthen the capacity of the In his address at the meeting, justice sector.

Wike assured the traditional rulers Osinbajo, who was represented that he would remain committed by the Minister of Justice and to the development of all local Attorney-General of the Federation, government areas in the state.

Mallam Abubakar Malami, said He said: “No local government awaiting trial detainees spent an area will be neglected in this this average of three years in custody state. Every local government area waiting trial. will have at least two projects.

He reeled out data on the

condition of the country’s prison system and justice administration, noting that there were 47,229 detainees currently awaiting trial in the prisons as at 2017.

He put the total prison population at 67,586 out of which 47,229 “are awaiting detainees. We discover detainees spend average of three years in custody awaiting trial.”

The vice president added that Lagos State “has the highest number of unsentenced detainees in Nigeria.

Lagos State has 5,603 unsentenced detainees out of the total prison population of 6,532.”

He explained that the detainees in Lagos State “represented at least 85.9 per cent of its total prison population and 10.4 per cent of Nigeria’s total prison population.

“The time the unsentenced detainees remained in prison mainly depended on the length of proceedings. It is important for stakeholders to agree on concrete steps to remove bottlenecks to justice administration.”

Osinbajo, thus, identified delay in the administration of justice as a major challenge that must be jointly tackled by all relevant stakeholders in the justice sector, just as he urged judges, lawyers and others to change their attitudes and stand up for what is right.

As a way out of the problem, the acting president called on the judiciary “to embrace day-to-day system for trials and heavy punishment for deliberate act of delay aimed at stalling cases.”

He took a swipe at some judges who would not sit on time and rise early and lawyers who file frivolous applications and employ other delay tactics as well as shoddy police investigation, and admonish them to desist from such.

“If we can agree that these problems are against our collective interests as practitioners and stakeholders, then we must make a firm commitment to tackle the problems by changing our attitude and standing up for what is right.”

Also speaking, Ambode said for any nation to experience economic growth, it must first have a functional judicial system that would not only encourage local and foreign investors to invest in, but also guarantee conducive environment for such businesses to thrive.

Ambode said experience over the years has shown that societies with equal and unhindered access to justice have a better environment for economic growth and poverty alleviation than those that do not.

This, he said, prompted his administration to prioritise justice and security reforms, not only

to maintain law and order, but basically to carry out the various developmental projects that would make Lagos safer and more prosperous.

“As a government, we are well aware that to achieve our socioeconomic goals of a safer, secured, peaceful and more prosperous Lagos State, we need a functioning justice sector, which guarantees not only the maintenance of law and order, the enforcement of human rights and freedom, but also provides an administration of justice ambience that protects investments and encourages economic development.

He listed some of the major challenges currently being faced by investors and entrepreneurs include the ease and cost of doing business and over regulation of business processes, saying that the summit was not only timely but a veritable platform for experts to proffer solutions.

“We are mindful of the need to attract foreign investment, and public private investment, especially in the area of provision of infrastructure. No economy can develop without sustained infrastructural development. I firmly believe that discussions around all these issues are pertinent for this august gathering.”

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Edo Governorship Poll: Ize-Iyamu, Others Testify at Tribunal Emenyonu in Benin City Pastor Osagie Ize-Iyamu, candidate of the Peoples Democratic Party

(PDP) in the September 28, 2016 Edo State governorship election, yesterday testified at the state Election Petition Tribunal, asking

Guterres Proud of Amina Mohammed United Nations Secretary-General, António Guterres, has expressed happiness in the appointment of Nigeria’s Minister of Environment, Ms. Amina Mohammed, as Deputy Secretary-General.

Guterres also lauded President Muhammadu Buhari’s generosity in releasing Mohammed to serve in a global capacity, according to his remarks to the African Union summit obtained by the News Agency of Nigeria (NAN).

The UN chief described Mohammed as an accomplished leader in international development who would contribute immensely to the management of the UN. He said: “I am proud to have selected Ms. Mohammed of Nigeria as Deputy Secretary-General.

“She is an accomplished leader in international development and will give an extremely important contribution to the management of the UN Secretariat.

“I sincerely thank President Buhari of Nigeria for his generosity in availing her to serve in this important global role.”

Guterres, who assumed office on January 1, 2017, announced Mohammed’s appointment on December 25, 2016, alongside two others.

He said the appointments were the foundations of his team, which would continue to build and respect his pledges on gender parity and geographical diversity.

Guterres said Mohammed was, however, expected to assume her new role in March 2017.

Prior to her appointment by

Buhari as environment minister, Mohammed served as UN Under-Secretary-General and Special Adviser to former UN Secretary-General Ban Ki-moon on Post-2015 Development Planning.

Born on June 27, 1961, the new UN Deputy Secretary-General from Gombe State was instrumental in bringing about the 2030 Agenda for Sustainable Development, including the Sustainable Development Goals.

Before joining the UN, Mohammed worked for three successive administrations in Nigeria, where she served as Special Adviser on the Millennium Development Goals.

She provided advice on issues including poverty, public sector reform and sustainable development, and coordinating poverty reduction interventions.

She is also an Adjunct Professor in Development Practice at Columbia University, and served many international advisory boards and panels, including the UN Secretary-General’s High-level Panel on Post-2015 Development Agenda.

Mohammed also served on the Independent Expert Advisory Group on Data Revolution for Sustainable Development, and the Global Development Programme of the Bill and Melinda Gates Foundation.

She is also the UN SecretaryGeneral’s Global Sustainability Panel, the African Women’s Millennium Initiative, Girl Effect and the ActionAid International Right to Education Project.

Malawi Delegation Arrives Abuja This Week on a Study Tour of EITI Implementation Ejiofor Alike A high-ranking delegation from Malawi is expected to arrive in Abuja this week on a study of Nigeria’s implementation of Extractive Industries Transparency Initiative (EITI).

While in Nigeria, the Malawian delegation will undertake a one week study of Nigeria’s implementation by NEITI, of the principles of the global Extractive Industries Transparency Initiative.

NEITI’s Director of Communications, Dr. Orji Ogbonnaya Orji, said in a statement yesterday that the study would examine how NEITI interventions through its reports and advocacy are supporting the on-going reforms in the country’s oil, gas and mining sectors and how Malawi can benefit from this experience.

According him, the delegation is to be received on arrival by the Executive Secretary Mr. Waziri Adio at the NEITI Secretariat Abuja.

Malawi, with a population of about 18 million people is in Southern Africa. The country is rich in solid mineral resources such as uranium, coal and gemstones.

Malawi joined the global Extractive Industries Transparency

Initiative on 22nd October, 2015, while Nigeria has been a founding member of the organization since 2003.

While the implementation of EITI in Malawi is currently at its infancy as the country is yet to publish any EITI Reports, Nigeria is a ranking member and attained complaint status in 2012, won the best implementing country at the 6th global conference of the organisation held in Sydney, Australia in 2013,and has published several independent audit reports in oil and gas industry since 2004. Nigeria has also published similar reports in solid minerals, fiscal allocation and resource disbursements.

Besides, Nigeria’s implementation of EITI is supported with a specific law, the NEITI Act of 2007. Among the 54- member –country world body, Nigeria through the work of NEITI is largely seen as a model worthy of emulation.

While in Nigeria, the Malawian EITI team led by the Chairman of the country’s multi-stakeholders group Mr. Kulemeka Crispen Clemence is expected to seek exposure to NEITI processes, its mandates, challenges, and success stories in its operations as an agency.

it to declare him winner having scored the highest number of lawful votes cast in the election.

Ize-Iyamu stated this while giving testimony in the ongoing hearing in the petition filed by him and his party, PDP against the declaration of Godwin Obaseki of All Progressives Congress (APC) as winner of the election.

The PDP candidate and first petitioner in the suit, who spoke when he was called in as the first petitioner’s witness during the resumption of hearing, told the Justice Ahmed Badamasi-led panel that he scored the highest number of votes in the election which was held across 2,629 polling units in the state.

Ize-Iyamu, who confirmed that he swore to an oath to four documents which he adopted as his testimony in the case, said: “I want the tribunal to declare me

the winner of the election, having scored the majority votes.”

He said though he was not sure about the number of polling units for which Obaseki was declared winner, he did not challenge the outcome of the poll based on all the 2,629 polling units.

According him, most of his deposition at the tribunal were completely based on documents concerning what he saw on the result sheets and voter registers provided by Independent National Electoral Commission (INEC) and pursuant to the order of the tribunal.

While responding to questions from counsel to Obaseki, Ken Mozia; Ize-Iyamu told the tribunal that he was in his unit throughout the election.

He, therefore, added that his claims in his petition could not be described as false as he could not remember all the polling units

in the 18 local government areas of the state.

Another witness called by the petitioners, Anthony Lawani, told the tribunal during crossexamination that there was an alleged incident of over-voting in one of the wards in Akoko-Edo Local Government Area.

Lawani, who said he was a polling agent, claimed that he was in his unit from the beginning to the end of voting.

But when he was accused by the counsel to INEC, Onyinye Anumonye, of alleged falsehood when he deposited that he monitored the exercise in all the wards in Akoko-Edo, the witness said he monitored the election through phone calls.

He claimed that identity card given to him by the electoral umpire permitted him to make phone calls, rather than move

around for monitoring.

Lawani also affirmed that he did not state the scores of the remaining political parties that fielded candidates for the election, aside the APC and the PDP.He alleged that there was over voting in some of the polling units even when his attention was drawn to some paragraphs in his deposition.

Continuing, Lawani, who earlier identified himself as a management consultant and accountant, however, caused a stir at the tribunal when he asked for permission to respond in pidgin English.

“I am sorry my Lord. Can I speak broken (English), he asked when Mozia raised concern about his use of the English language, claiming he had never made a mathematical blunder, as an accountant.

EMPOWERMENT

Borno State Governor, Kashim Shettima, carrying a trainee’s child, when he visited the women undergoing training in fashion design at the Vodi Tailoring Institute, a private firm engaged by the state government in Abuja,....weekend

SON Lauds N’Assembly for Supporting Fight against Substandard Products Crusoe Osagie The Director General of the Standards Organisation of Nigeria (SON), Mr. Osita Aboloma, has hailed the National Assembly for empowering the agency to combat the influx, production and distribution of substandard products in the country.

According to him, the passage of the SON Act 14 of 2015 has provided the leeway for the organisation to prevent suspected substandard products from circulation even while investigations to ascertain the compliance to relevant standards are being carried out.

Aboloma commended the general provisions in the new SON Act giving the agency the power to prosecute perpetrators of substandard products manufacture, importation and distribution while also providing stiffer penalties for convictions including jail terms.

He stated these while inspecting seized substandard products at the SON warehouse in Lagos, stressing that the National Assembly had in words and deeds shown great commitment to the eradication of

substandard products in the country.

The SON Director General described substandard products as a serious social and economic challenge which require the concerted efforts of all patriots to contend with in addition to provision of adequate financial resources, manpower and technology deployment.

Aboloma said his agency was strengthening its internal mechanisms to combat substandard products head-on and urged all Nigerians to join hands with SON in order to create greater opportunities for genuine and certified locally manufactured products to thrive.

“This will improve capacity utilisation, create massive employment opportunities and a more robust economy for the Nation,” he said.

Aboloma described as unfounded recent insinuations of undermining or casting the National Assembly in bad light, adding that nothing could be further from the truth.

He affirmed his high respect for members of the National Assembly particularly in the course of their

oversight functions on ministries, departments and agencies, adding that such are aimed at making Nigeria a better place to live.

The SON DG affirmed that there are abundant evidences of the sterling contributions of the National Assembly to the course of the country’s developmental strides, stressing that no right-thinking person would undermine such.

He referred to recent assurances from the leaderships of the Senate and House of Representatives Committees on Industry to the SON as evidence of the National

Assembly’s full backing to his agency to deliver on its mandate to Nigerians.

Aboloma said the collaborations efforts existing between the Standards Orgnisation of Nigeria and the National Assembly is in a bid to improve the lives of Nigerians through Standards.

The SON DG then pledged his total commitment to protecting the lives and properties of Nigerians as well its economy using the instruments of standardization and quality assurance.

APOSTLE SULEMAN VISITS DSS, LEAVES AFTER 30 MINUTES CAN did not issue a formal response to the latest development.

Meanwhile, Suleman has said his invitation by the DSS was in order. He told journalists in Abuja that, “I presume the right thing was done. They have been in touch with me to come and that is why I am in Abuja, so that I can see them.”

He said his recent statement was based on information from a reliable source that herdsmen were coming to attack him.

He explained that he stood by his statement on self defence.

“I was talking in my personal capacity on information from a reliable source that certain people in the capacity of herdsmen were coming to attack me and I told the people around me that if it happens they should defend themselves.”

Suleman had told his supporters at a religious crusade in Ekiti recently to defend themselves if they were attacked by herdsmen.

37

TUESDAY JANUARY 31, 2017 • T H I S D AY

CRIME&PUNISHMENT

Tension as Hausa Trader Kills Yoruba Bus Driver in Lagos over N30 Chiemelie Ezeobi There was palpable tension at College Bus Stop in Igando area of Lagos yesterday when a noodles seller, simply identified as Mallam Adamu, allegedly killed a bus driver, Lekan Adeleke, popularly known as Starboy.

Given the ethnic implications of the incident, the Area M Police Command and the Rapid Response Squad (RRS) were quickly deployed in the area to douse the tension and prevent it from scaling into a war between the two ethnic groups.

It was gathered that Adamu used a plank with nails on it to hit Adeleke on the head following a disagreement over N30.

Meanwhile, the deceased’s family has appealed that his body

be released to them so that he can be buried in accordance with Islamic rites According to an eyewitness, Kehinde Akinduro, who said he was eating noodlesat Adamu’s snack bar when the trouble started, the suspect went berserk after the deceased paid his son N200 instead of N230.

He said Adeleke, after eating noodles and egg, was told his bill was N230, being a regular customer, he handed over the N200 he had on him and told the seller he would pay N30 in few minutes time.

Akinduro said: “The boy then told his father that Adeleke paid N200 and promised to come back with N30 shortly but his father ran after Adeleke.

“People who saw him running

after Adeleke to the other side of the road, told him to calm down that Adeleke would not go away with his money.

“About five later, Adeleke brought the N30 and asked the boy if it was because of N30 they wanted to embarrass him.

“He was not happy, and also asked the boy that even if he didn’t have money, that can’t they give him food and pay when he had money?

“As Adeleke was inside the container talking to the son, Adamu just entered with a plank he was holding and hit him on his side.

“So, Adeleke turned around to know what happened and when he saw it was Adamu, he struggled to take the plank from him but he couldn’t.

“I was still eating. I left my food and went inside to stop Adamu but he used the same plank to beat me three times. My hands and legs are still swollen. I fell on the ground and I was weak.

“After the struggle, Adeleke ran outside. As a peaceful man, he was going to cross the expressway when Adamu chased him again.

“He didn’t know Adamu was coming behind him. That was how Adamu used the plank and

hit him on the head again. The nail on the plank burst Adeleke’s head and he fell on the ground.”

The source continued: “When I saw what had happened, I called our other guys who were on the other side to come. People who were eating gathered and told Adamu to take him to the hospital, but he was busy pouring water on his head.

“But when he saw that our colleagues were coming, Adamu and his son fled. Others started chasing him but he used allegedly use ‘charms’ to distract the people, so we therefore called our chairman who called the police.

“I chased him too and found him inside a gutter at Ikotun road.

He was hiding under a slab and refused to come out until the police came.” Another driver who gave his name as Eniola described Adamu as a very violent man, adding that he chased a customer with a cutlass two months ago.

According to Eniola, Adamu’s ear was chopped off some years back at Igando because he stabbed somebody to death. According to Eniola, “Youths in the area burnt down Adamu’s shop. We have destroyed the container and burnt it. Even his charms, we have removed all the ones we saw.”

10 Men Arraigned, Remanded in Lagos Prison for Publishing ‘The Biafra Times’ Ten accused yesterday appeared before a Lagos Chief Magistrates’ Court in Ikeja, for allegedly inciting publication in an unlicensed news print, ‘The Biafra Times.’

The accused are: Peter Eke, Jamiu Eke, Azeez Ayoola, Akeem Adebakin, Bisi Akeem, Adewumi Temitope, Sakiru Folorunsho, Rafiu Qudus, Kunle Olusola, and Ayodeji Odunyingbo.

They were arraigned before Chief Magistrate Aje Afunwa in Ikeja.

They had all pleaded not guilty to the seven count charges preferred against them by the Lagos State Criminal investigation and Intelligence Department (SCIID).

After their plea, their lawyer, Lucy Baadoo, had moved an application for bail of the accused, urging the court to release the accused on bail on liberal terms.

The bail application was however refused by the magistrate who rather ordered accelerated hearing of the case.

She consequently adjourned the

case to February 10, 17 and 24 for commencement of trial.

In the charge, the prosecutor, Effiong Asuquo, OC Legal of the State Criminal Investigations Department, Panti Yaba, alleged that the accused projected obscene article in an unlicensed publication known as ‘The Biafra Times’ on January 29, 2017 They were alleged to have reproduced statements, rumors and reports calculated at inciting secession in a section of the Nigerian federation and which publication is capable of putting the federal government in fear.

The publication is said to contain pictorial displays of persons living and dead in a manner likely to provoke or bring into disaffection some section of the Nigerian federation.

The accused were also alleged to have conducted themselves in a manner likely to constitute a breach of peace, by inducing fear in the public to abstain from going about their lawful business.

23-year-old Student Stabbed to Death in Kano Ibrahim Shuaibu in Kano A 23-year-old Senior Secondary School (SSS) II student, Rabiu Dan Maraya, was yesterday stabbed to death by a hoodlum, following his refusal to surrender cash in his possession to the assailant in the commercial city of Kano.

The victim, a student of Mohammed Vice Adamu Secondary School, Fagge, Kano, was on his way home from school when he was accosted by the assailant who ordered him to surrender any money in his possession, which the victim vehemently refused.

Enraged by the refusal of Rabiu to surrender cash in his possession, the assailant, simply identified as Jay Jay Okocha, in company of his friend, trailed Rabiu to a corner where he stabbed him thrice on his spinal cord at different spots.

Moments after, Rabiu bled profusely, slumped and was rushed to a nearby hospital but died before arriving the medical centre for treatment.

No sooner the crime was committed, some police officers arrived the scene and arrested the suspect and took him to Fagge Police Division, where he was detained.

Meanwhile, the victim remains are in the mortuary awaiting the conclusion of investigations and prosecution.

The spokesman of the police in the state, Deputy Superintendent of Police, Magaji Musa Majia, confirmed the incident.

He disclosed that investigation had since commenced on the case, assuring that the culprit must be brought to book.

HOW SAFE ARE WE...

49 boxes containing 661 pieces of pump action rifles falsely declared as steel doors, paraded by the Nigerian Customs Service (NCS) in Lagos...yesterday

Police Smash Human Trafficking Cartel Adibe Emenyonu in Benin City A cartel which specialises in human trafficking in Warri, Delta State, has been smashed by operatives of Zonal CIID, Zone 5 Command Headquarters, Benin City.

The suspects, Mrs. Cynthia Ogbeide, 37; Chioma Douglas, 40 and Paul Onome, 66, were said to have been arrested in their hideout in Okere, Warri, following a petition to the AIG, Zone 5, on criminal allegation of abduction, exploitative labour and human trafficking against them.

According to a statement issued

by the Zonal Police Public Relations Officer, Zone 5, Emeka Iheanacho, the petitioner had alleged that sometime in 2016, she was chatting on facebook and met one Cynthia (principal suspect) and they became friends, adding that at a point Cynthia invited her to Warri to assist her secure a good job.

The statement further said the petitioner alleged that having spent few days with the principal suspect without any job, she became worried and wanted to return to Benin.

At that point, the suspect was quoted to have told the petitioner that “nobody visits her place and

goes back again. The petitioner also narrated how the suspect brought several women who slept with her and others. She further accused the suspect and other members of the cartel of serial abuses, exploitative labour, human trafficking and other abominable acts.”

The statement further said upon credible information available to the petitioner that the suspect has perfected plan to sell her and others to unknown person which apparently caused her fear and invariably resulted to her escape to Benin.

“The suspect having noticed danger following the escape of the

petitioner and others, ran to the Police Station in Warri and alleged a case of kidnapping against her.

“In view of this, the suspect traced the petitioner to Benin, where she could not find her, but in the process, arrested the parents and other relations to Warri. The situation however angered the petitioner, which necessitated the petition to the police.

“Consequent upon discreet investigation and surveillance, two other members of the gang, Chioma Douglas, 40, and Paul Onome, 66, were arrested. Ten other victims of trafficking were rescued,” the statement said.

Apprentice Kidnaps Master’s Son for Refusal to Pay Him off Chiemelie Ezeobi An apprentice, Chimobi Sylvester, yesterday confessed to the police in Lagos how he kidnapped his master’s eight-year-old son because of his refusal to pay him his settlement after working for him for four years.

The 23-year-old suspect made this confession after he was arrested and paraded at the command headquarters, Ikeja alongside his accomplice, 20-year-old Emmanuel Blessing.

He said: “I worked as a sales boy and apprentice for him but after spending four years, when it was time for him to settle me, he asked me to go back to village to do something else.

“After I had spent two months in the village, I came back to Lagos to kidnap his son with the hope that through the kidnapping, I would be able to get my money back from him.

“I lived with him so I know he is not always at home. I relied on that and contacted one of

my friends, Emmanuel Blessing and we went to his house last week Thursday. “We lured his eight years-old son and took him away with ease because he knows me very well. I took the boy to the apartment given to me by the hotel management where I worked at Oyingbo area, and locked him up in the room.

“While in our captivity, Blessing contacted my boss and informed him that his son had been kidnapped and we demanded for

ransom of N5million.

“After the man agreed to pay the N5 million ransom, I went to the bank with a friend to withdraw the money not knowing that anti-kidnapping policemen were around and we were arrested.”

The Commissioner of Police, Lagos State Police Command, Mr. Fatai Owoseni, who paraded the suspects, urged businessmen who bring young boys to work or learn a trade to always fulfill their part of the bargain.

A

WEEKLY PULL-OUT

‘DISCOS CAN ONLY DISTRIBUTE AVAILABLE POWER’

31.01.2017

George Etomi

2/DASHBOARD

31.01.2017

Criminal Proceedings: Effect of Failure to Attach Witness’ Statement to Proof of Evidence PAGE 4

Institute of Arbitrators Holds Workshop Series PAGE 5

Law Firm Promotes Fitness Activity PAGE 5

‘Don’t Allow Clients Push You Into Sharp Practices’ PAGE 6

QUOTABLES 'God did not make a mistake by putting those resources in the territories that have it, and they suffer the brunt of oil exploration in terms of pollution, degradation of the environment, genetic mutation; and when you flare gas day-in-day-out, there are consequences. It is those who reside in the areas of the flaring where oil exploration goes on, that pay the price for the discovery of oil and gas within their domain.'

– Professor Akin Oyebode, Professor of International Law & Jurisprudence, University of Lagos 'It amounts to needless grandstanding for the BBOG (Bring Back Our Girls) to say it will no longer tolerate delays and excuses from the President on the release of the girls. Such impudent language should have been reserved for those who did nothing in the first five hundred days of the Girls' abduction.'

– Alhaji Lai Mohammed, Lawyer, Minister of Information & Culture

COLUMNIST

Professor Omotola and His Time Honoured Contributions to Land Law PAGE 7

Emeritus Professor Adedokun Adeyemi: A Legal Colossus PAGE 11

An Overview of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 PAGE 12

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.

Do Corporate Governance Codes Require Ratification of the National Assembly?

PAGE 16

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

/3

Tortuous Convolvulus

I

Asterix n the Asterix Comic Book Series, specifically ‘Asterix and the Roman Agent’, there was a Roman Official, ‘Tortuous Convolvulus’, a natural born troublemaker with a special ability to cause strife and division and stir up trouble between anyone at any place at any time. His stock-in-trade was to “prey on distrust and hidden grievances”. In the series, Julius Caesar, the Emperor of Rome, used him as a tool of psychological warfare against the Gauls, to stir up as much trouble as possible, in their midst.

Its sad to say that in Nigeria today, we have too many Tortuous Convolvulus’ for comfort.

But why would we Nigerians to be doing this to ourselves? In the case of Asterix, the Romans and the Gauls were enemies. Have we Nigerians, now become enemies of ourselves on the basis of religion, tribe, belonging to different political parties and so on?

Umar Musa Yar’Adua University, Katsina While I was watching the news on Silverbird Television last week, there was a news item on the Management of a Federal Institution, Umar Musa Yar’Adua University, Katsina that caught my attention. The Management of the University was being accused of allegedly practicing religious intolerance and intimidation of non-Muslim students. The Management had on January 17, 2017 issued an internal memorandum to all Students, placing a ban on the operation of all other religious associations within the University, except the Muslim Students Society of Nigeria (MSSN).

My first instinct was to disregard the news report as being untrue. But I then considered the fact that Silverbird Television Station is not a gossip column, so the story could be true.

Constitutional Provisions This act by the University Management is unconstitutional. Apart from Section 10 of the Constitution of the Federal Republic of Nigeria 1999 (as amended in 2010) (1999 Constitution) which unequivocally prohibits any Federal or State religion, Section 38 of the same 1999 Constitution provides for the right to freedom of thought, conscience, and religion. Section 40 also provides inter alia that “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interest....”. Section 42 also guarantees the right to freedom from discrimination.

The 1999 Constitution is fraught with provisions, the purport of which are the guarantee of the fundamental rights of all Nigerians to the choice, voluntary practice, worship, and propagation of their various religions, establishment of religious schools, religious societies and so on. The only thing that is prohibited is the establishment of secret societies (Section 38(4)).

Therefore, to outlaw or ban all other societies from operating, except the MSSN, is not only ludicrous and unconstitutional, but null and void ab initio.

claim and explaining that it gave a deadline to all societies operating within the institution to register themselves with it, one to which only the MSSN adhered to. It claims that no Christian association came to register.

Unfortunately, apart from the fact that the University Management’s defence did not form part of the news report; the action of the University Management and the less than comprehensive news report, were hot enough to further heat up an already boiling polity, increasing the flames of the so-called attempt to ‘Islamise Nigeria’, thereby causing disaffection between Christians and Muslims.

Of course, there could be various reasons for the non-compliance by the other societies. I can understand a Christian Society not feeling inclined to register with the University Management, if there is already an allegation of intimidation of non-Muslim students.

Issue of Religion The question I would like to ask is, why is the issue of religion so important? Religious beliefs are personal and should be left as such. Will being a Christian or Muslim bring down the rate of the Dollar to the Naira? Will whatever religion I practice make me more efficient at my workplace? Will religion provide jobs for the millions of unemployed Nigerians?

Will religion solve the grave issue of lack of adequate electricity supply in the country?

Will practicing a certain religion result in the increase in the global oil prices? I think not.

The country is facing so many serious issues which have not been resolved, and this should be the focus, as opposed to in-fighting and seemingly endless controversies.

Niger Delta Likewise, last week, I watched an interview of Professor Akin Oyebode of the University of Lagos on television, in which some Tortuous Convolvulus’ which Prof described as “elements from the North” claimed that they should control the oil resources in the Niger Delta because of their huge land mass. Prof went on to say that during the Confab, of which he was a member, some of them had gone as far as actually distributing pamphlets along those lines.

Prof put the blame squarely at the feet of the Colonial Government saying that they had passed all sorts of laws and ordinances, including the Mineral Oil Ordinances, which claimed that all the resources located in the country did not belong to the people that reside in those areas, but to the Colonial Government.

Since the Federal Government of Nigeria subsequently became the successor-in- title

University Management’s Defence However, the University Management subsequently came out to defend itself, debunking the

"ACCORDING TO PROF OYEBODE, “IF YOU LIVE IN THE FAR NORTH WHERE YOU DON’T HAVE ANY OIL (AT LEAST FOR NOW), YOU CAN’T LAY CLAIM TO THE DEPOSITS THAT ARE FOUND IN THE AREAS THAT YOU HAVE IT IN. IT IS SPURIOUS AND PROVOCATIVE TO RESURRECT THAT ARGUMENT NOW, BECAUSE IT MIGHT ENGENDER DYSFUNCTIONAL AND COUNTER-PRODUCTIVE CONSEQUENCES FOR THE STABILITY OF THE NIGERIAN FEDERATION""

Tortuous Convolvulus

to the Colonial Government, this formed the basis of their argument.

It is obvious that the pronouncement made by the Colonial Government was unfair, and borne solely out of self-interest. It is therefore, not only ridiculous on the part of anyone to try to maintain such an argument as true, but highly inflammatory.

With the regular destruction of oil installations by the Niger Delta Militants, purportedly due to their dissatisfaction with Government’s neglect of their people and area, the degradation and lack of development in their area, the allocation

by Government of several oil mining licences to Northerners and non- Niger Deltans, and so on, does it not amount to “insult upon injury” for some Northerners to lay claim to the ownership of the resources found therein?

Certainly those Tortuous Convolvulus' laying those claims at this time, cannot be hoping to achieve peace and tranquility in the region (or the nation) by making such inflammatory assertions and statements, as such utterances again, are guaranteed to make the Niger Deltans more incensed, possibly making the Militants resort to more violence and destruction.

According to Prof Oyebode, “if you live in the far North where you don’t have any oil (at least for now), you can’t lay claim to the deposits that are found in the areas that you have it in. It is spurious and provocative to resurrect that argument now, because it might engender dysfunctional and counter-productive consequences for the stability of the Nigerian Federation”. I concur. Niger Delta Activist, Ankio Briggs had previously dismissed that Northern claim to the ownership of Niger Delta oil as "nonsensical and irrational".

Since it is those from the Niger Delta who reside in those areas with nowhere else to go “who suffer the brunt of the oil exploration in terms of pollution, degradation of the environment, genetic mutation, and gas flaring”, they should certainly be compensated and accrue more benefits than those who do not have to suffer these hardships. This is not to say that all Nigerians are not beneficiaries of the revenue accruing from all the mineral resources within our country, but those that suffer these negative consequences certainly deserve more. As Prof Oyebode rightly put it, “burden and benefit should go together”.

For example, why would Ogun and Osun States ask Government for say $2 billion to rebuild their states, as in the case of the North East, which has suffered considerable damage at the hands of Boko Haram? But the Niger Deltans are also in a position to make a request for such an amount too, since

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com their areas have been severely ravaged and destroyed by oil exploration. This is not to say that Ogun and Osun do not need to be developed, but the troubled areas are more urgent and needy.

Government and its Controversies Government itself is not excluded from the Tortuous Convolvulus mania, with many of its actions, inactions, and utterances. Everyday Nigerians wake up to some form of new controversy or the other, further causing division among the people on every conceivable level.

Last week alone, we had the issue of the re-submission to the Senate for approval, the name of the Acting Chairman of the EFCC, Ibrahim Magu Mustapha, and the letter from Mr President to the Senate, refusing to relieve the Secretary to the Federal Government, Babachir Lawal of his duties, due to the corruption allegations he is facing. This has caused disaffection between the Senate and the Presidency, with name calling and insinuations that this administration’s ‘fight against corruption’ is selective. As the Chairman, Senate Committee on the Mounting Humanitarian Crisis in the North East, Senator Shehu Sani said “when it comes to fighting corruption in the Legislature, the Judiciary and the larger society, the Presidency uses insecticide, but when it comes to the Presidency, it uses deodorant!”

Mr. President’s medical trip or vacation to the UK was another cause of controversy and confusion last week, with social media already awash with debates about succession to the Presidency and which tribe would assume the position of Vice-President, whether Ibo, Middle Belt or North. Again, a baseless issue as far as I am concerned, causing strife not only within the political class themselves, but between the different tribes vying for the ‘Vice-Presidency’.

I saw a news clip of the President in London on television, relaxing, legs crossed on a coffee table, looking the same to me. I do agree that looks may be deceptive, but the man that I saw on television did not look sick enough for there to be such a raging debate on succession.

However, I may be wrong. Who knows, since the Presidency has failed to make any press release as to the state of health of Mr. President (brings to mind the dramatic era of the late President Umar Yar’Adua and how his illness and death were shrouded in mystery).

Mentioned in passing on the floor of the Senate, was also the issue of the President’s breach of Section 5(4)(b) of the 1999 Constitution by deploying troops to The Gambia without seeking the approval of the Senate. Another cause for disaffection between the Senate and the Presidency. However, the Senate seemed to resolve not to make an issue of this particular matter.

My two cents is simply that all Nigerians, including the media and the Government, need to be responsible with information dissemination, utterances, actions and inactions. Nigerians are presently going through hell, unprecedented economic hardship, and as the saying goes, “a hungry man is an angry man”. There are already pockets of violence all over the country.

The people do not need any further incitement.

4/LAW REPORT

31.01.2017

Criminal Proceedings: Effect of Failure to Attach Witness’ Statement to Proof of Evidence

O Facts

resolve the issue against the Appellant.

On issue four, the Appellant submitted that the proceedings of the trial court was conducted in English Language which the Appellant did not understand, as he only spoke and understood pidgin English. He stated that no interpreter was provided, and therefore the Appellant’s right to fair hearing was breached. He stated that the right to fair hearing is a constitutional right that cannot be waived. He relied on the case of OLUFEAGBA v ABDULKAREEM (2009) 18 NWLR (Pt. 1173) pg. 384 at 464. The Respondent contended that where an accused person is represented by counsel, the failure to provide him with an interpreter as required by the section 36(6)(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and section 242 of the Criminal Procedure Code will not vitiate the proceedings, unless the failure has led to a miscarriage of justice. He referred to the case of QUEEN v EGUABOR (1962) 1 All NLR 28. The Respondent argued that the Appellant was represented by counsel throughout trial, and he fully participated in the trial without any objection.

Further, he stated that the Appellant did not show that the procedure occasioned a miscarriage of justice and urged the court to discountenance the Appellant’s argument.

n 1st April, 2003, the Appellant and two others (one deceased and the other at large) while armed, robbed along Ugbokolo Local Government Area of Benue State. Upon the Appellant’s arrest, he made a confessional statement to the Police in which he confessed that he committed the crime. The Appellant was arraigned at the High Court of Benue State on a two count charge of conspiracy to commit armed robbery and armed robbery.

The Statement of the Appellant which he made at the Police Station was tendered in evidence and admitted without an objection by the Appellant and his Counsel. At the conclusion of trial, the trial court found the Appellant guilty, convicted and sentenced him to death. Aggrieved by the decision of the trial court, the Appellant unsuccessfully appealed to the Court of Appeal. The Appellant further appealed to the Supreme Court.

Issues for Determination At the Supreme Court, the following four issues were formulated for determination by the Court: i. Whether the Court of Appeal was right in affirming the decision of the trial court in using and relying on the evidence of the prosecution’s witness and exhibits tendered through him, in convicting and sentencing the Appellant to death. ii. Whether the prosecution proved its case against the Appellant beyond reasonable doubt as required by the law warranting the Court of Appeal to affirm the judgement of the trial court, in view of the nature and quality of evidence adduced by the prosecution, the procedural irregularities and the apparent infraction of the Appellant’s constitutional right. iii. Whether the Court of Appeal is bound by its earlier decision hinged upon a Supreme Court decision on any issue, and whether its refusal to take into account authorities submitted to it before arriving at its decision, is not a denial of a right of fair hearing. iv. Whether the whole trial of the Appellant in a language he does not understand, was in breach of his right to fair hearing.

The Respondent adopted the four issues formulated by the Appellant and the Supreme Court did likewise in determining the appeal.

Arguments On the first issue, the Appellant argued that the evidence of the prosecution’s witness was not part of the proof of evidence attached to the application for leave to prefer a charge against the Appellant and the trial court and the Court of Appeal were wrong to have relied on it. He relied on the case of GBOKO v THE STATE (2007) 17 NWLR (Pt. 1063) Pg. 272 at 305 in arguing that, where the statement of a witness is not in the proof of evidence, the evidence should be expunged and prayed the court to do so. The Respondent argued that it was indicated that even though the witness’s statement was not attached to the application to prefer a charge, the witness will give evidence as to the role he played in the course of the investigation. He also stated that the provisions of section 185 of the Criminal Procedure Code and Order 3 Rule 2(a) and (b) of the Criminal Procedure Rules, does not require that statements of the witnesses must in all cases form part of the materials to be attached for the application for leave to prefer a charge. The Respondent relied on the case of GAJI v STATE (1975) NMLR 98 at 112 in support of his argument, and further submitted that the Appellant should have appealed against the trial court’s discretion in granting the leave to prefer the charge.

On the second issue, adopting his argument in the first issue for determination, Counsel argued further that upon the Appellant’s denial of his statement to the police, the court ought to have determined that such denial avails him and that the onus was on the prosecution to prove that the signature on the statement belongs to him. The Appellant submitted that the statement alone cannot prove conspiracy and that none of the victims of the robbery who were material witnesses, as well as the Police Officer who recovered the exhibits gave evidence at trial. He submitted that the prosecution did not prove the two counts in the charge and the trial court ought not to have convicted and sentenced the Appellant thereon.

The Counsel for the Respondent on his part argued that the Appellant did not object to the admission of his confessional statement, and the issue as to the Appellant’s signature was not raised during cross-examination. He further argued that the offence of conspiracy was proved by surrounding circumstances leading to the commission of the offences, and that a case can

Amiru Sanusi, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 9th Day of December, 2016 Before Their Lordships Ibrahim Tanko Muhammad Nwali Sylvester Ngwuta Olukayode Ariwoola John Inyang Okoro Amiru Sanusi Justices, Supreme Court SC. 379/2011 Between Ifeanyichukwu Akwuobi................. Appellant And The State.............Respondent Lead Judgement delivered by Amiru Sanusi, JSC

be proved by the evidence of a lone witness. The Respondent urged the court to discountenance the Appellant’s submissions.

On issue three, the Appellant argued that the Court of Appeal is bound to follow its decision hinged on a Supreme Court decision that has not been reversed by the Supreme Court. He submitted that the Court of Appeal ought to have considered the additional authorities submitted to it by the Appellant, before affirming the decision of the trial court.

On this issue, the Respondent submitted that the Court of Appeal took into account the said additional authorities and found them irrelevant. The Respondent urged the court to

"..... BY THE PROVISION OF SECTION 185 OF THE CRIMINAL PROCEDURE CODE, IT HAS NOT BEEN STATED THAT THE INCLUSION OF STATEMENT OF WITNESS IS ALWAYS A PREREQUISITE OR MUST BE PART OF THE DOCUMENTS THAT MUST BE ATTACHED TO THE PROOF OF EVIDENCE IN ALL CASES"

Court’s Rationale and Judgement Deciding the first issue, the Supreme Court held that, by the provision of Section 185 of the Criminal Procedure Code, it has not been stated that the inclusion of statement of witness is always a prerequisite or must be part of the documents that must be attached to the Proof of Evidence in all cases. The court further held that, if the Appellant felt that the trial court wrongly exercised its discretion in granting leave to prefer the charge, the Appellant ought to have appealed against the trial court’s exercise of discretion, and stated the manner in which omission of the witness’s statement caused miscarriage of justice to him.

On the second issue relating to proof of the case, it was held that a free, direct, positive and voluntary confessional statement can ground a conviction once the trial court is satisfied with the truth of that confession. The denial of a confessional statement by an accused person is not a sufficient ground to reject its admissibility in evidence when it is properly tendered. Further, the court held in respect of the offence of conspiracy that, the trial court can infer an agreement from surrounding circumstances of each case and it can safely presume conspiracy from the inferred circumstances. It is also not necessary for the co-conspirators to have known each other or that it was the accused person concerned that concocted the plan. The court held in this case that, the Appellant’s denial of the confessional statement was timeous; therefore, the Appellant’s attempt at retracting the confessional statement is of no moment. In respect of the offence of armed robbery, the Supreme Court held that armed robbery can be established by proving that there was a robbery or series of robberies, each or any of the robbers was armed at the time of the robbery and the accused was one of the robbers or had taken part in the robbery. By the Appellant’s confessional statement which was direct and positive, there was armed robbery and the Appellant was clearly fixed at the scene of the robbery.

Their Lordships held on the third issue that looking at the Record of Appeal, the Court of Appeal actually considered the additional authorities and found them to be of no assistance.

On issue four touching on infringement of the Appellant’s right by failure of the court to provide him with an interpreter when he does not understand the language of the court with which the proceeding was conducted, the court held that, it was the duty of the Appellant or his counsel to raise the issue at the trial court. Their Lordships observed that the Appellant was represented by the same counsel from commencement of the trial at the trial court to the Supreme Court, and the said counsel did not complain that the Appellant did not understand English language or request for an interpreter on his behalf.

The Appellant cannot therefore be heard to complain now that he suffered miscarriage of justice, without explaining the manner such miscarriage of justice was occasioned to the Appellant.

Appeal dismissed.

Representation: P.H. Ogbole with Boniface Bassey, Okwudili Abanum, C.C Ihearindueme and Omoadon Imobighe for the Appellant Dr. J.Y. Musa with Agada Elachi, Eko Ejembi Eko and Victor Iorshenge for the Respondent Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

31.01.2017

NEWS/5

INAUGURATION

Aderenle

L-R: Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, President of the Nigerian Bar Association, Mr. A.B. Mahmoud SAN and Chairman Legal Profession Regulation Review Committee; Chief Anthony Idigbe SAN at the inauguration of the Committee in Abuja last week

Institute of Arbitrators Holds Workshop Series Stories by Akinwale Akintunde

The Workshop series of the Chartered Institute of Arbitrators Nigeria Branch will hold on February 21, 2017 at the Lagos Court of Arbitration Building, 1A, Remi Olowude Street, Seconnd Roundabout, Lekki-Epe Expressway, Lagos.

According to the Branch Secretary, Mrs. Folasade Alli, Mr. Babajide Ogundipe, a fellow of the institute will discuss the topic: ‘Arbitrators’ Conflicts of Interest: the Need for Greater Transparency and Adoption of Uniform Standards of Disclosure’.

Mrs. Alli said the Workshop Series’ topic was chosen to dis-

cuss concerns being expressed by users of arbitration about conflicts of interest, especially on the part of party appointed arbitrators.

“Attendance is free to CIArb Members while non-members are billed N10,000, payable in cash or cheque in favour of the Chartered Institute of Arbitrators, United Bank for Africa Account (UBA) No: 1007123970.

“The CIArb Workshop Series is in line with the Institute’s commitment to the delivery of world-class educational training and programmes, the development of a learned society, facilitation of Arbitration and ADR, and an effective dispute resolution management.

“The workshop series is sponsored by members of the

Institute and facilitated by leading practitioners from various areas of expertise and related fields. Each discussion topic is intended to address topical issues and equip attendees with the requisite skills and knowledge to excel in their practices.

“The workshop is open to legal practitioners, business managers, policy advocates, captains of industry and international dispute resolvers.

“Registration is mandatory due to limited slots, adding that those interested in attending should e-mail branchmembership@gmail.com or contact Mrs. Oluwakemi Eweje on 08182195079 for further information”, she stated.

The Branch Secretary added: “The Nigeria Branch is one of the branches of the CIArb. The Branch was granted approval by the Institute in 1999 L, having fulfilled the requirements to be granted Branch status.

“Since then, it has grown in its membership and has over 1137 members. Its membership cuts across all disciplines including practitioners in Law, Construction, Shipping, Engineering, Insurance, Banking, Accounting, Oil & Gas etc.

“The Nigeria Branch has in its fold, seasoned Arbitration Practitioners of international repute. In the exercise of its functions, it maintains close links with other professional arbitral bodies worldwide.”

Restrain Buhari, Others from Buying Cars for Past Presidents with Public Funds A Federal High Court sitting in Abuja has been urged to restrain the Federal Government and its agents, from purchasing any vehicles for former Presidents or Heads of State and their Deputies, with public funds.

A Lagos based lawyer, Mr. Johnson Esezoobo, who instituted the suit against President Muhammadu Buhari and two others, over the alleged budget proposal to purchase vehicles for former Presidents, Heads of State and their Deputies at a cost of N400 million, is praying the court to declare the budget proposal null and void.

Joined with President Buhari as Defendants in suit No: FHC/ABJ/CS/BI/2017, are the National Assembly and the Attorney-General of the Federation.

The lawyer stated that the 2017 Appropriation Bill to the National Assembly for enactment into law, is a violation of the Constitution of the Federal Republic of Nigeria 1999 (as amended) particularly Section 14(2)(b).

The Plaintiff, in his originating

summons brought pursuant to Order 3, Rule 6 of the Federal High Court (Civil Procedure) Rules, 2009 and Section 251 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), is praying the court among other orders: “To declare that the 2nd Defendant has no legislative power to make any law on any matter save as under or relative to matters in the items specified in Part 1 of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), such that any enactment of the 1st Defendant's budget proposal for the purchase of vehicles for the former Presidents or Heads of State and their Deputies at a cost of N400 million will amount to an enactment of a corrupt practice and abuse of power into law.

"A declaration that former Presidents and Heads of State and their Deputies are not entitled to vehicles from the State of the Federation of Nigeria to be purchased with funds from the Consolidated Revenue Fund or any other fund of the Federal Re-

public of Nigeria, not being part of the pension and gratuities of the named beneficiaries as such will amount to a corrupt practice and abuse of power within Section 15(5) of the Constitution of Federal Republic of Nigeria 1999 (as amended) to enact the proposal into law.

"A declaration that any acceptance by former Presidents, Heads of State and their Deputies, of vehicles purchased by the Defendants pursuant to the budget proposal of N400million, will amount to a demonstration of lack of patriotism and greed, which is not healthy to national development."

In a 40 paragraphed affidavit in support of his originating summons, Esezoobo averred that "it will amount to bad governance, particularly in the economic recession that the country is passing through, to embark on the nature of expenditure contained in the proposed purchase of the cars".

"The tenets of the National Anthem and National Pledge dictate that in the economic recession ravaging the country,

occasioning youth unemployment and great suffering by the masses of the people of Nigeria, all former Presidents and Heads of State and their Deputies, ought to be sympathetic to national issues as well as patriotic enough to turn down the offer of luxury of cars by the State.

"I believe that the people of Nigeria have more than enough challenges, ranging from poor health care, bad roads, lack of power or electricity supply, food insecurity, and socio- political problems arising from social insecurity, which such a sum as N400 million can be deployed to address, rather purchasing cars for the former Presidents, Heads of State and their Deputies."

He however, noted that they are comfortable enough to buy themselves cars, adding that it is against the primary purpose of government cited the case of 'Barigha-Amange v Adumein (2016)13 NWLR (pt.1530) 349 at 385. The matter has been assigned to Hon. Justice John Tsoho, though the hearing date has not been fixed.

Oshunwusi

Lawyers Elevated to Partnership at B.A. LAW LLP Following the resolution to change its name from B. Ayorinde & Co. to B.A. LAW LLP, the law firm with effect from January, 2017 elevated some lawyers to partnership.

tended several seminars and programmes involving lawyers. He is also an Associate of the Chartered Institute of Arbitrators (UK) and he is a full Partner in the Firm.

New Partners: ADENRELE Adegborioye Adenrele joined the law firm in 2004 as an Associate Counsel. He became an Associate Partner.

He graduated from the Obafemi Awolowo University, Ile- Ife and was called to the Nigerian Bar in 1990. He has been in active legal practice since 1990. He is a litigator, specialising in Election Petition, Arbitration, Debt Recovery, Commercial and General Litigation, Maritime Law, Banking Law, Taxation and Insurance Law. He is a member of the International Bar Association, and has at-

OSHUNWUSI Funmilayo Oshunwusi joined the firm in April, 2010 and she is presently the Head of Chambers. She graduated from Obafemi Awolowo University, Ile-ife in 2007. She was called to the Nigerian Bar in November, 2008. She has been in active Corporate Law Practice, Litigation, Debt Recovery, Intellectual Property Law, International Trade Law, Taxation and Criminal Law. She has taken a basic Course in Mediation and Dispute Resolution and is also an Associate of the Nigerian Institute of Arbitrators. She is an Associate Partner in the law firm.

Law Firm Promotes Fitness Activity Warri City was a beehive of physical activity, which was aimed at promoting fitness and wellness of residents of Warri and environs recently.

The event tagged 'WarriCentric 5km Run', which was proudly sponsored by Compos Mentis Chambers and Perfectus Laundi drycleaners, was a sight to behold.

The novel, first of its kind, the event was held at NNPC Housing Estate, Ekpan.

Over 60 Wafarians gathered before 7am to participate in this

exhilarating run.

Medals were awarded by different categories (including under 30s, 30-49 and over 50s) to inspire fitness in our home town.

Overall, Daniel Ekaun, Israel Agborume and Victor Lawrence took home N10,000; N7,500 and N5,000 for being the overall first, second and third place winners respectively.

Perfectus Laundi showed off their fitness levels with their staff winning 2nd and 3rd place prizes. We cannot wait for a competitive, fun and healthy event next year.

6/

31.01.2017

SERAP Gives FG Ultimatum on Payment of Judges’ Salaries Jude Igbanoi Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to President Muhammadu Buhari requesting him “to use your good offices and leadership to urgently instruct all appropriate authorities to release budgetary allocations for the immediate payment of outstanding salaries and allowances of judges and judicial workers across the country.”

In the letter dated January 18th, 2017 and signed by SERAP Executive Director, Adetokunbo Mumuni, the organisation said that, “The Senate of Nigeria has disclosed that federal judges have not been paid their salaries and allowances for four months.

SERAP is seriously concerned that failing to pay regularly and punctually, the salaries and allowances of judges amounts to an implicit interference, and would seem to make judges dependent on the will of other branches of government, especially the executive, for the payment of their salaries.”

The organisation said that, “Should all outstanding salaries and allowances of judges and judicial workers be not immediately paid, SERAP will explore all legal avenues nationally and internationally, to compel your government to uphold the cardinal principle of judicial independence, by ensuring a policy of regular and punctual payment of salaries and allowances of judges and judicial workers.”

The letter reads in part: “SERAP notes that the independence of the judiciary has always been considered one of the important elements of the Nigerian constitutional system. This cardinal constitutional and international guarantee cannot be made to yield to any alleged economic necessity.”

“SERAP believes that it is a contradiction in terms to fight judicial corruption and yet, not regularly and punctually pay judges and judicial workers their salaries and allowances. If we may ask, what is the point of granting the judiciary independence on the one hand if it is taken away with the other, for example, by failing and/or refusing to regularly and punctually pay their salaries and allowances? SERAP argues that, that which is prohibited from being done directly may not be accomplished by indirection. The law abhors evasions and subterfuges.”

“It is important for our judiciary to remain perfectly independent, and beyond the suspicion of any outside influence. SERAP believes that the effect of the non-payment of salaries and allowances of judges, is to reduce the purchasing power of judges, diminish the benefits to which they are entitled under the 1999 Constitution of the Federal Republic of Nigeria (as amended), and ultimately weaken the judiciary, which is the last hope of the common man.

“It is double jeopardy for our judges whose salaries and allowances are not regularly and punctually paid, as these judges may not, by reason of their calling, be able to personally challenge the matter in court.

And the possibility of resolving the matter in a judicial proceeding may be limited, since several judges have an interest in the matter, and may not therefore with propriety, undertake to hear and decide it.

“It will be a national embarrassment if our judges are compelled to decide this, since the judges like every citizen, have a right to an effective remedy and they will be perfectly entitled to approach the court for reliefs if your government does not urgently

President Muhammadu Buhari

find satisfactory solutions to this problem.

“For a government that has repeatedly expressed commitment to fight official corruption, it is absolutely important to work proactively to maintain the principle of the separation of powers as a basis for liberty and justice, especially given the fact that the judiciary is the most vulnerable of the three branches of government.

“It will be extremely difficult to attract

good and competent men and women to the bench, and to make them independent, when the salaries and allowances of judges are not regularly and punctually paid.

“Refusing to pay the salaries and allowances of judges may well be construed as having for its purpose, an attack upon the independence of the judiciary, as judges are less independent if they have to beg for their salaries and allowances to be paid.”

Legal Personality of the Week Tochukwu Michael Aboh

‘Don’t Allow Clients Push You Into Sharp Practices’ charge of stealing, but could not perfect the bail conditions, as all the sureties that were produced were rejected by the Magistrate on the instruction of a High Court Judge who was the complainant in the matter. My client had to spend Christmas and New Year in prison, but was later released to the same surety after two months, after the complainant had approved my client for release.

I am Tochukwu Michael Aboh, from Orakwu, Idemili North LGA of Anambra state. I am in active legal practice. I am an Associate at Onu & Associates as Deputy Head of Chambers in the law the firm based in Lagos. I believe that I have carved a niche in debt recovery, property management, ADR, criminal law and civil ligation. I am also the Secretary of a civil society organisation Justice for Peace and Development Initiative (JPDI), an NGO based in Lagos and other parts of Nigeria, which activities include, legislative advocacy, human rights activism, gender equality activism etc. We also collaborate with other Civil Society Organisations to further their goals like Human Rights Agenda Network and Legal Resource Consortium. We are currently working with Justice for All (J4 All) on a police monitoring scheme.

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

Yes, there are lots of challenges for a litigation lawyer; pressure from clients for quick results and many others. But our judicial system does not operate that way.

Cases are delayed by adjournments from counsel, court not sitting when they are supposed to and other administrative issues from court officials and from chambers. Like in recovery of debts, where you cannot locate the debtor or his address and where the

Tochukwu Michael Aboh

debtor has no asset to offset the debt after much effort and years in court, where time and resources were spent. More so, where police is involved its always complicated.

And where the complainant and the suspect have some relationship, like friends, there may be compromise in the case.

What was your worst day as a lawyer?

When my client was granted bail at the Magistrate Court in Isolo, on a two count

What was your most memorable experience?

My most memorable experience was my first day in court, during my national youth service corps in Ekiti State, at the law firm of A T Lawal & Co. My chambers sent me to move a motion for extension of time and to regularise our processes in court. I had to travel a long distance to the court. As a newcomer in the State, I did not know my way around. The court was outside the State Capital in a rural community. The motion was granted but with costs, and ever since then, I have been going to court alone.

Who has been most influential in your life?

The most influential person in my life is my Mother, Mrs. Azuka Aboh. After the death of my Father when I was in my second year at the university, she sacrificed a lot to train me and see that I fulfilled

my dream of being a lawyer. She did not make me feel the loss of my Father too much. Her motherly advice and efforts have made me what I am today, and I ask God to bless her.

Why did you become a lawyer?

I became a lawyer to fight for people’s rights and to see that justice is done. It is this idea that has influenced me to handle most of the cases pro bono, for the cause of justice.

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

My advice to anybody who wants to be a lawyer is that, he must be ready to work, put in extra effort in handling his client’s case, do serious research when handling any brief and be professional by abiding by the rules and ethics of the profession.

Don’t allow clients to push you into sharp practices, or make money your priority.

Money and clients will come, once you are properly equipped.

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

I would have been an Estate Surveyor.

Where do you see yourself in ten years?

I see myself establishing my own law firm and probably being an Attorney-General.

31.01.2017

TRIBUTE/7

Professor Omotola and His Time Honoured Contributions to Land Law Gbolahan Gbadamosi pays tribute to the late Professor Jelili Adebisi Omotola, SAN, the seventh Vice-Chancellor of the University of Lagos, Akoka, Yaba, Lagos (UNILAG), as the Governing Council of UNILAG held a ceremony on January 23rd, 2017 honouring Prof. Omotola by renaming the institution's Multi-Purpose Hall after him, in recognition of his contributions to UNILAG during his tenure as Vice-Chancellor

“M

y action research reveals that many of Professor Jelili Omotola's Supervisees, are excelling in their various endeavours in life. Only some instances will be cited here. While one of his former students is now a Chief Judge with an engaging passion for scholastic disputations; at least, three others are now Senior Advocates of Nigeria. Indeed, four of his protégés are now eminent Professors of Law. These achievements go to vindicate the aphorism that a candle loses nothing by lighting other candles!”

This was the final submission of a Supreme Court Justice and Professor of law, Hon. Justice Chima Centus Nweze at the tenth annual lecture to mark the exit of the 7th Vice- Chancellor of the University of Lagos (UNILAG) Prof. Jelili Adebisi Omotola (SAN) which held on March 29, 2016.

Hon. Justice Nweze, a distinguished Scholarship Awardee of Golden Gate University, San Francisco, California, USA was the guest lecturer at the event at the Muson Centre, Onikan, Lagos.

He spoke on “Professor Jelili Omotola and the Polemicisation of Real Property Jurisprudence in Nigeria” Barely ten months after this epoch making event, the Governing Council UNILAG approved the renaming of the institution’s Multi-Purpose Hall after the late Prof. Omotola. The ceremony which took place on Monday, January 23rd, 2017, was performed by the Pro-Chancellor and Chairman of the Council, Prof. Jerry Gana, assisted by the widows of Omotola, Mrs. Adunola Omotola, and Mrs Shola Omotola, to the admiration of his children led by the Executive Vice-President, of the Real Estate Lawyers of Nigeria (RELAN), Mr. Adekunle Omotola.

The Vice-Chancellor of UNILAG Prof. Rahman Bello was also on hand to justify the decision of the university, which was a part of the 2016 convocation ceremonies.

Why the latest honour on Omotola, a Professor of Land Law?AletteroftheUNILAG GoverningCounciltothe family of the late Prof.

Omotola, stated that he was honoured because "of his rare leadership qualities and style during his tenure as the Vice-Chancellor of the University".

These “rare leadership qualities” are found in a pamphlet launched on March 29, 2016 titled “A Visionary University Administrator: Prof. Omotola Jelili Adebisi, SAN”.

Some of these achievements are: Students Welfare Scheme, Introduction of the Internally Generated Revenue (IGR)First of its kind, Housing Project, Social and Health Facilities, Multi-purpose Hall, UNILAG Shopping Complex, The Surface Water Reservoir Construction, Sport Complex, Dualisation of the carriage-way on the campus, Faculty of Education

The late Professor Jelili Adebisi Omotola, SAN

Building, School of Post Graduate Studies, Faculty of Law Annexe, Construction of Biobaku and Kofoworola Halls, Digital Electronics Switch and introduction of various academic programs.

Omotola was born on April 20, 1941.

He attended St. Augustine Primary School, Ijebu-Ode, and the Ahmadiyya Secondary School, Ibadan from 1956 to 1961. The young Jelili bagged his West African School Certificate (WASC) in 1961, and left for London, in the United Kingdom, in 1962. By private study, which was the predominant mode of study in those days, he had become an Associate Member, Chartered Institute of Secretaries, London and in 1966, he achieved the University of London Merit Award in English Land Law and Criminal Law on his way to taking the LL.B degree in Law in 1967.

A year later, in 1968, he did not only earn an LL.M at Queen Mary College, a University of London College, he was also called to the English Bar (Gray’s Inn). He was thereafter, awarded a Western State Government scholarship for his doctorate studies, and in barely three years, Jelili Adebisi Omotola deservedly earned a PhD in 1971, from the University of London. His PhD thesis was titled: "Possessory Title To Land

Under English Law".

Armed with all necessary certificates, he came back to his fatherland to commence a teaching career at the University of Lagos in 1971, prior to his Call to the

"WHY THE LATEST HONOUR ON OMOTOLA, A PROFESSOR OF LAND LAW? A LETTER OF THE UNILAG GOVERNING COUNCIL TO THE FAMILY OF THE LATE PROF. OMOTOLA, STATED THAT HE WAS HONOURED BECAUSE "OF HIS RARE LEADERSHIP QUALITIES AND STYLE DURING HIS TENURE AS THE VICE-CHANCELLOR OF THE UNIVERSITY". THESE"

Nigerian Bar as a Solicitor and Advocate of the Supreme Court of Nigeria in 1973.

He was conferred with the rank of the Senior Advocate of Nigeria in 1999.

He was also the Dean, Faculty of Law, UNILAG and at the zenith of his career, Professor Omotola delivered his Inaugural lecture as Dean of Law in June 1988 titled-‘ Land and Land rights- Whither Nigeria’. In that same year, he became a member of the Editorial Board of the Nigerian Bar Association Journal. A year after, he received the Association of Commonwealth Universities Fellowship, the highly prestigious Fulbright African Research Fellowship and the British Council Fellowship in 1990. His sterling quality performance as Dean, Faculty of Law, UNILAG was extended to the Faculty of Law ,Ogun State University where he spent one year on Sabbatical leave(1990-1991).

During the first International Bar Association (IBA) Conference on African soil, Durban , South Africa in 2002 , I had an encounter with him as a Visiting Professor to Witwaterstrand in South Africa.

On his contribution to the study of land law, Hon. Justice Nweze captured it all in his March 29, 2016 lecture that “The events of today, clearly, demonstrate that Professor Jelili Omotola, SAN, now belongs to that intellectual pantheon where avatars, whose effervescent ideas catalysed the current trends in legal axiology and the epistemology of law, in general, are venerated’’.

The jurist concluded by submitting that, "May it then be so with Professor Jelili Adebisi Omotola, SAN, for his unforgettable role in the polemicisation of real property jurisprudence in Nigeria!"

One sure way of achieving this is by the collation and publication of the controversies in the LUA into a single volume, preferably, dedicated to the memory of the irrepressible Professor Jelili Adebisi Omotola, SAN, who even at the time of his death ten years ago, did not leave this world without provoking yet a mystical controversy .

The lecture was also garnished with the presentation of a 254 paged book entitled: "Critical Issues in Nigerian property Law" Edited by Utuama with contributors like former President, Nigerian Bar Association (NBA) Chief Wole Olanipekun (SAN).

In the preface to the book also edited, by a professor of property law, and the immediate past Deputy-Governor of Delta State, Prof. Amos Agbe Utuama (SAN), who stated that "the book is of critical issues in Nigerian Property Law and written in Honour of Professor Jelili Adebisi Omotola (SAN) who died on the 29th of March, 2006. The book is to testify that even, after death his exceptional outstanding contribution to the development of property Law through research and teaching continue to resonate strongly’’.

Here lies the legacy of Omotola “A Visionary University Administrator.”

Gbolahan Gbadamosi, Legal Practitioner, former National Publicity Secretary of the Nigerian Bar Association

8/COVER

31.01.2017

‘DisCos Can Only Distribute Available Power’ It has been said that the power sector in Nigeria holds the key to the nation’s economic growth.

Every successive administration has had to face the huge challenges of providing adequate electricity for the nation with little or no success. When the sector was eventually unbundled and privatised, most Nigerians heaved a sigh of relief. But a few years later, most Nigerian homes still run on alternative power sources, including candles. Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi sought out Mr. George Etomi, one of the core investors in Eko Distribution Company, who spoke extensively on measures that can be taken in the power sector, to ensure a steady supply of power to Nigerians. He also shared his views on other issues, including some relating to the legal profession

George Etomi PHOTOS: Kolawole Alli

M

ost electricity consumers do not really understand the functions of a power distribution company. In simple terms, can you explain what a power distribution company like Eko Distribution does?

As the name implies, the primary responsibility of a distribution company (DisCo) is to facilitate the supply of power, using its distribution network to provide electricity to customers within its franchise area (area of operations). It is also responsible for ancillary services such as the operations and maintenance of the distribution network, customer connections, installation, maintenance and

reading of meters, billing and collection etc. The power that is distributed by the Disco is received from Power Generation Companies (GenCos) via the transmission lines operated by Transmission Company of Nigeria (TCN). It is important to note that DisCos are neither the generation nor the transmission company, but are merely the last mile operator that completes the process of power supply from source to the end user. It also plays the critical role of collecting the revenues associated with the power supply on behalf of all operators within the value chain, and subsequently remits to each party its allocated portion.

Nigerians heaved a sigh of relief when PHCN was unbundled and many thought that Nigerians would eventually do away with candles. Contrary to these expectations, electricity supply appears

to have gone from bad to worse. As the core investor in Eko DISCO, what seems to be the intractable problem with power supply in Nigeria? Lately, electricity supply has dwindled to an all time low, not only in Lagos but all over the country. What is responsible for this and what are the Discos doing to rectify the problem?

The unbundling of PHCN and subsequent divestment was a timely and pragmatic policy decision by the Federal Government, to attract private sector capital and expertise in order to improve access to electricity, availability of electricity and overall quality of service. However, the transition towards reliability and viability of the power sector, has been fraught with challenges that are not insurmountable, but require significant funding and systematic

operational improvements that can only be achieved over a significant period of time.

It is important to stress the huge capital outlay and timing requirements to resolve the notoriously common issues of increasing generation capacity, diversifying our energy mix, strengthening and expanding transmission network infrastructure to evacuate available power, distribution network reinforcements and extension, metering, customer enumeration, tackling electricity theft etc. The list may seem extensive, but the reality is that a prioritised, sequenced and synchronised implementation of all the identified solutions to these issues with all the sector players working off an integrated action plan, will yield the desired results.

The drop in power generation in recent times is attributed to several interdependent factors. The power sector in Nigeria relies

31.01.2017 heavily on two primary feedstock for power generation. It is water in the case of Hydro Plants and Gas in the case of thermal plants. The thermal plants provide about three-quarters of the energy generated.

Therefore, this near sole dependence on Gas invariably means that when there is any form of supply disruption, the ripple effect is a dip in power supply. These supply disruptions can be due to payment/liquidity challenges within the sector or pipeline vandalism. Due to the aforementioned liquidity challenges, generation companies find it difficult to pay for gas supplied to them. This is occasioned by the fact that the Discos are unable to pay the bulk trader (NBET) due to the nonexistence of cost reflective tariffs and as such, the bulk trader who purchases power from the Gencos to sell to the Discos is unable to, in turn, remit payments to the Gencos.

The price of gas is a pass-through cost from the gas suppliers to the generators, who in turn pass the cost to the distribution companies on a monthly basis. The distribution companies are, however, unable to pass this cost to end users for two reasons.

The first being that due to the low state of generation, customers are not willing to pay higher tariffs, which should ideally reflect any increase in gas prices. Secondly, whilst the generators by virtue of their respective Power Purchase Agreements with NBET, pass through gas costs on a monthly basis following purchase, the tariffs for distribution companies is regulated by the National Electricity Regulatory Commission (NERC) and as such, they cannot automatically pass on this cost to consumers. This creates a huge shortfall for the distribution companies which accrue interest, and a resultant inability to meet their payment obligations to other stakeholders in the power value chain. The second factor affecting gas availability for power generation, is the recurrent vandalisation of the gas pipelines. Any shortfall in the supply of gas affects the amount of power that can be produced, which in turn, affects the stability of the grid and may occasion grid collapses.

Rectification of the problem goes beyond the distribution level. The Discos on their part have been exploring other power procurement options, such as, embedded generation to supplement grid power.

Does Eko Distribution have a blueprint to solve the lack of adequate electricity supply in its constituency and indeed, in Nigeria as a whole? What really is the problem and why has it been so difficult to tackle? Majority of Nigerians feel that those involved in the Power Sector from Government to Transmission to Distribution and the other stages involved, have their work cut out for them, but it seems that no real progress has been made in solving the problem so far.

As earlier mentioned, the lack of adequate electricity supply has to be solved on a national level. Eko Disco is exploring power procurement options but must operate within the confines of the law and the regulatory environment. The electricity industry is highly regulated and any options we are exploring must be relayed to and approved

by NERC. In solving the trend of low generation, cooperation is needed from all players across the value chain with the Ministry spearheading the process. To start, the following measures should be considered amongst others • an adequate gas pricing framework

"DISTRIBUTION COMPANIES DO NOT GENERATE POWER BUT ONLY DISTRIBUTE THE AVAILABLE POWER GENERATED BY THE GENERATING COMPANIES. THERE MUST BE A CLEAR UNDERSTANDING OF THE DISTINCT ROLES OF GENCOS, TCN AND DISCOS. SIMPLY PUT, GENCOS GENERATE POWER WHICH IS TRANSPORTED

BY TCN TO DISCOS WHO DISTRIBUTE TO CUSTOMERS"

COVER/9 needs to be put in place; • the Government needs to make a concerted effort to resolve and put a stop to the gas pipeline vandalism; • tariffs have to be cost reflective with adequate cost recovery mechanisms in place, to ensure that costs that are passed along the value chain are recoverable within a timeframe that will make all parties whole; • the transmission network needs to be upgraded and maintained to avoid incessant system collapses and grid instability; • the regulator needs to put in place a strict regulation that will address the menace of electricity theft which robs legal customers of available electricity.

Why is it so difficult for the Discos to effectively distribute power?

The problem most distribution companies face is not a difficulty in distributing power, but the lack of adequate power available for distribution. For example, the regulatory framework governing Disco tariffs (i.e. Multi Year Tariff Order) projects generation at 5465MW; however, actual generation has hovered around 3632MW on average, and lately below 2000MW. With the attacks on gas pipelines and system collapses, actual generation figures drop down further. Discos can only distribute the amount of power made available which, at present, is grossly insufficient to enable them recover costs based on projected generation and not actual generation. It is in our best interest to distribute all the available power, as our revenues depend on it. Besides power is not a product that can be hoarded.

There is this buck passing between distribution companies and the Government especially as it concerns power generation. When there is no power, the Government tends to blame distribution companies. Where should the blame really lie?

Distribution Companies do not generate power but only distribute the available power generated by the generating companies.

There must be a clear understanding of the distinct roles of GenCos, TCN and DisCos. Simply put, GenCos generate power which is transported by TCN to Discos who distribute to customers. It is evident that supply of power is dependent on each entity efficiently carrying out its role for power to get to the consumer, due to the interconnected nature of the sector. DisCos cannot distribute power that is not available. As earlier stated, solving the generation bottlenecks in the Nigerian power sector has to be a national initiative, with key input and cooperation from all stakeholders. As they are the face of the industry, the DisCos always bear the brunt of the issues as they are the point of connection between the power sector and the end users (customers).

The outlook for the power sector appears bleak, do you foresee a brighter future for the sector?

Whilst I foresee a bright future for the power sector based on the huge dependence and importance of electricity for economic development, it is important that the appropriate policies are put in place to guide each segment of the value chain which must complement each function within the respective value chain.

The Regulatory Regime in the Nigerian Electricity Supply Industry (NESI) has been quite unstable and has resulted in huge investment losses across the value chain. The regulatory environment has to be made attractive for investment, in order to overcome and dilute the plethora of structural, operational and financial challenges the industry has encountered since takeover.

These challenges include but are not limited to non-cost reflective tariffs, shortage of power supply, high levels of unpaid electricity bills, huge metering gap, dilapidated and poorly managed network infrastructure, policy somersaults, delays in getting regulatory approvals and the lingering political risk, have made it difficult to raise capital to fund

critical projects, etc.

The Government needs to develop an appropriate gas pricing framework, invest in the development and upgrade of the transmission network, put in place policies that will trigger regulatory certainty, maintain the independence of the regulator, which is key for attracting investment/financing for the industry, approve the implementation of cost reflective tariffs and provide support to the segment of the value chain that needs such support, in order to achieve the ultimate purpose of cost recovery for the investors and affordability for the customers, etc.

It is only when such steps are taken that there can be any form of meaningful improvements in the sector.

Some experts have said that perhaps the central grid system we run in Nigeria may be responsible for the frequent grid collapse. Should the grid system be decentralised?

I think we need to be technically aware. A grid system is designed for a 5% disturbance margin all over the world meaning that if you are generating at 4,000MW you can cope with a 200MW load disturbance, but as your grid load diminishes, the tolerance becomes an issue, at 2,000MW generation you are now tolerant to only a 100MW load disturbance.

This means that the loss of a 150MVA transformer has the potential of causing a system collapse, if not caught on time. That is why in Nigeria the grid tends to become stable once we cross the 3,800MW grid load, as the tolerance can cope with a loss of a generating unit of between 125 – 150MW or possibly 2 large transformers.

This is why when people talk about regionalising of the grid, the concern is that the “mini-grids” established will even be more vulnerable to collapses as the same 5% principle will apply to each of them.

There is need for investment given the inadequacy of government funding, otherwise how far do we expect N40B (circa $130M at CBN rate) budget from FGN to go, with respect to addressing transmission challenges.

But on the other hand, the PPP that has been talked about as a means of funding the transmission sector is simply that, talk!

For now, we just need to have gas increased in volume and the government should be more proactive in addressing the gas shortage issue.

Does power generation through solar energy pose a threat to the survival of your company? If so, Why? On the contrary, solar energy does not pose a threat, but actually represents an excellent opportunity for the Discos and the power sector at large. Firstly, it will contribute to the diversification of our energy mix for power supply, which will reduce our near sole dependence on gas for power generation and the frequent supply disruptions due to pipeline vandalisation. Secondly, it eliminates the huge capital required to build gas pipeline infrastructure to transport gas from the gas fields to power plants located across the country. Thirdly, it helps to bridge the current power supply gap and expand our capability to connect more off grid customers.

Let us look at the legal framework under which distribution companies operate.

Are the laws hindering the operations of distribution companies? In what ways?

I would say that the legal and regulatory framework governing Discos operations, whilst generally sound, require a comprehensive review due to varying and contradictory provisions which in effect has created an unstable and uncertain regulatory environment, sending the wrong signals to local and international investors and inhibits performance improvements and commercial viability. A case in point is the mismatch between the contractual terms of the PPA’s and MYTO which is exacerbating the liquidity crisis in the sector.

What are your views about metering?

The DISCOS are alleged to be tactically and deliberately avoiding making smart meters available to Nigerians, thereby encouraging negative billing. What is the true position of things?

It is in the best interest of Discos to meter all customers in order to guarantee revenues.

Although meters are very expensive to procure, DisCos are, however, working within the confines of the limited MYTO approved CONTINUED ON PAGE 10

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‘DISCOS CAN ONLY DISTRIBUTE AVAILABLE POWER’ CAPEX to provide meters to customers.

As earlier stated, the industry is highly regulated, and even the allowed revenue component for metering is insufficient to meter a quarter of the DisCos’ customer base.

This is further impacted by the non-existence of cost reflective tariffs which means that DisCos cannot collect up to their allowed revenue and are unable to fully cover their costs.

NERC has come out to state categorically that Nigerians should reject bills.

Meters are unavailable, so how does this impact on the relationship between DISCOS and consumers?

There is a general misconception that DisCos generate greater revenue from estimated bills. This is not the case. Estimated bills actually create losses for DisCos in the sense that, a customer might have consumed more energy in a given month but given the fact that the customer’s bill would be estimated based on the average consumption pattern in the respective area, the DisCo is unable to assess the actual energy consumption for the month in question. It is also important to state that the computation of estimated bills is based on the estimated billing methodology formulated by NERC, which provides the formula to be utilised in estimating a customer’s bill.

As earlier stated, it is in the best interest of DisCos to meter all their customers to guarantee revenues that can be accessed for business operational performance. DisCos are in full support of the abolishment of estimated bills which actually create losses for the businesses. However, this support is hinged on the need for the existence of cost reflective tariffs factoring sufficient CAPEX provisions that will enable DisCos meter their respective customers via varied financing options. Currently, the present state of the tariff is a deterrent to securing adequate funding, coupled with the unstable and uncertain regulatory environment.

Last year, the DSS raided members of the Judiciary resulting in the arrest and prosecution of some Judges and even Senior Advocates. As a senior lawyer and the pioneer Chairman of the Section on Business Law of the NBA, do you think that this was the right way to go about it? Do you believe that this move

by Government has had a positive effect on the Judiciary and the legal profession as a whole? What advice can you give Government on further steps to take?

I believe most senior members of the legal profession and other human right advocates, agree in the main that the raid on the homes of the judges in question was completely unnecessary and wrong. It does very little for the morale of judges if they can be given such degrading treatment on the suspicion of being corrupt. At their level, they could have been invited either directly or through the NJC to come answer to any questions.

Given the importance of the role Nigeria plays in Africa and the rest of the world, it is important that we take actions that set the right example for others to follow.

Corruption is bad, more so corruption in the judiciary, but it is far more important to fight this scourge within the rule of law. Even though the wheel might turn too slowly for those looking for rapid results in the fight against corruption, the protection granted to all citizens in the constitution, requires that we respect their right to fair hearing and dignity. It is therefore important that we strengthen our institutions so they can deal with not just the symptoms of corruption, but also the root causes. Institutions will ensure that the fight against corruption is sustained. In the particular case of the Judiciary, it is also imperative that Judges perform their duties to uphold the law without fear, intimidation or harassment.

You have been the arrowhead in sensitising Nigerian lawyers on the globalisation of legal services. You are also a Special Advisor to the International Trade in Legal Services Committee of the Bar Issues Commission of the International Bar Association. How would you assess the preparedness of Nigerian Lawyers for this eventuality and what more should we be doing?

I do not agree that Nigerian lawyers are not prepared for the globalisation of legal services. There is still a lot to be done for us to fully integrate into a globalised legal

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"THE SUM TOTAL OF ALL THIS, IS THAT NIGERIAN LAWYERS ARE MORE INFORMED ON THE SUBJECT AND UNDERSTAND THAT THE GLOBALISATION OF LEGAL SERVICES NEED NOT BE A ONE-WAY TRAFFIC AS WAS ORIGINALLY FEARED. THROUGH THIS SORT OF ENLIGHTENMENT ACTIVITIES, WE HAVE DEMONSTRATED THAT NIGERIAN LAW FIRMS CAN BE TRUSTED TO UNDERTAKE SOPHISTICATED LEGAL WORK, EITHER BY THEMSELVES OR IN COLLABORATION WITH FOREIGN LAW FIRMS. NO DOUBT THERE IS STILL A LOT OF WORK TO BE DONE" services regime, however, to put things in perspective it is important for us to understand what has been done so far.

• The hot topic for the maiden conference of the SBL in 2006 was the Globalisation of Legal Practice in Nigeria – The WTO Initiative. Discussants came from the public and private sectors, including representatives of multinational companies, law firms, the Federal Ministry of Justice and the Federal Ministry of Commerce.

• One direct outcome of the conference was the setting up in 2007 of the NBA Working Group on the WTO by Dr Olisa Agbakoba, SAN, the then President of the NBA with the primary objective of enforcing and enhancing sensitisation amongst Nigerian lawyers about the globalisation of legal services.

• The working group organised two workshops, one in Abuja and the other in Lagos, where papers were delivered by resource persons. One major accomplishment of the group was the preparation of the draft rules on the formalities for foreign practitioners to practice in Nigeria.

• Again, it was a topic of discussion in the 2007 and 2008 SBL Conferences. In fact, in 2008, there was a pre-conference meeting of African Bar Leaders on the subject and it was specifically designed to have Africa articulate its position on the issue.

• Recently, the NBA organised a meeting of African Bar Leaders where I addressed them on this subject and emphasised the importance of Africa opening its doors to each other for the free flow of legal services in the continent.

• Most recently, I was part of an IBA team

that visited Zimbabwe to prepare the law society of Zimbabwe for the globalisation of legal services.

The sum total of all this, is that Nigerian lawyers are more informed on the subject and understand that the globalisation of legal services need not be a one-way traffic as was originally feared. Through this sort of enlightenment activities, we have demonstrated that Nigerian law firms can be trusted to undertake sophisticated legal work, either by themselves or in collaboration with foreign law firms. No doubt there is still a lot of work to be done. It is important to understand that we can work with foreign law firms to the extent that it helps develop standards for delivery of legal services here and to ensure that Nigerian lawyers are well remunerated for the work they do.

Thankfully, a lot of our members now hold senior government positions and we must continue to lobby them to support the effort to build sophisticated and enduring law practices in this country. The challenge is for us to ensure we continue with the relentless pursuit of excellence by ensuring that our practices answer to best global standards.

The Nigerian Bar Association has just won a very important case against SCUML on regulating the remuneration of Nigerian lawyers. What is your opinion of that judgement and what SCUML sought to do?

I had mixed feelings about this case right from when it was instituted. I can understand that the NBA, being a self-regulatory body, does not wish to be regulated by another body outside of the profession. However,

the only time this victory will make good sense, is when the NBA can prove that it can hold its members to high ethical standards in the performance of their jobs. Such high ethical standards will automatically pass the SCUML test. This was the case in Canada when their Bar Association also kicked against their being required to register with their own equivalent of SCUML. In their own case, the Judge who heard the matter agreed with them that their rules of professional conduct set such high standards of practice, that it made it superfluous for Canadian lawyers to register with another body. It, therefore, means that the NBA through its disciplinary machinery must prove that they can hold lawyers accountable. Failure to do this could easily be interpreted, locally and internationally, that Nigerian lawyers do not want to be partners in the global fight against corruption. In my time as Chairperson of the SBL, we engaged with the EFCC, NFIU & SCUML so we could build trust lines amongst ourselves in the general quest to rid Nigeria of corruption. We made tangible progress. One of such, was the setting up of a special advisory body made up of members of the designated non-financial institutions and SCUML, to look at cases involving professionals so they could get high quality advice in dealing with them.

Also a number of us attended the EFCC training school in Karu, Abuja, and that gave us the opportunity to understand each other better. The problem with appearing to be antagonistic, is that it deprives members of the legal profession of the opportunity to fully understand the obligations imposed on them by the various national and international anti-corruption laws. I recall a meeting that Bar leaders had with the then Governor of the Central Bank and now the Emir of Kano, Alhaji Sanusi Lamido Sanusi, to protest the requirement by CBN advising banks to block the accounts of designated non-financial institutions who failed to register with SCUML. In that meeting, he explained that it was important for Nigerian lawyers to identify with the global fight against corruption as not doing so could, amongst other things, affect Nigeria’s rating in international financial circles. Those classified as designated non-financial institutions i.e. lawyers, accountants, jewellers, hoteliers etc. had been identified as weak links in the global fight against corruption. Happily, the current president, AB Mahmoud SAN, has the fight against corruption within the profession and upholding of professional standards as one of his cardinal programs.

This is most welcome. I advice that the NBA should work in collaboration with the various Anti- Corruption Agencies, so that we can be seen as partners in the global fight against corruption.

Kindly, share the vision of your foundation, the M & G Etomi Foundation?

This foundation was set up by my twin brother, Mike and I, for the purpose of helping break the harsh cycle of poverty in Nigeria, with a particular focus on the Niger-Delta, by creating various programs and activities to teach the value of self-empowerment and improvement. We spent our early years in Okrika, Rivers State, where, growing up as children, we swam in very clean waters and generally prepared meals from ingredients grown in our backyards. All this changed during and after the civil war, when a lot of the oil installations were bombed and as we can see now are being vandalised. This has led to massive environmental degradation and neglect, which has slowly but surely impoverished otherwise hard working people.

We thought one way we could help was to concentrate on educating women and children on the importance of skills acquisition to enable them lift their families out of the debilitating poverty cycle. In our own little way, we have trained or retrained hundreds of such people directly and through our coalition partners. In some cases, not only do they learn skills, we also give them initial start up capital so that they can instantly apply the skills they have acquired. The foundation is registered both in the US and Nigeria, and it has been in existence for over 10 years. It has strived to create hope where there has been despair, and upright living in place of crime. We also support foundations that share the same values with us all over the country and indeed, the world. We both feel fulfilled doing this for humanity.

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12/NICN RULES

31.01.2017

An Overview of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 The National Industrial Court of Nigeria (NICN) introduced a new set of Civil Procedure Rules, which came into effect on the 5th day of January, 2017, thereby revoking the 2007 Rules and Practice Direction, 2012. Folabi Kuti in this article, does an overview of the new Rules, and concludes with suggestions for a stricter approach on latitudes with compliance with the provisions of the new Rules

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National Industrial Court of Nigeria

itting to the exclusion of all courts in the resolution of employment, labour and industrial relations disputes, and, arguably a court of last resort on almost all the items it exercises jurisdiction on, the National Industrial Court of Nigeria (NICN) has introduced a new set of Rules to guide the administration of civil justice system in the Court. In what is arguably a printer’s error, there appears a ‘conflict’ in the Long title and the Short title. The former calls it a 2017 Rules, whilst the latter, expressly enacted as Order 1 Rule 2 cites the rules as the ‘National Industrial Court of Nigeria (Civil Procedure) Rules 2016’; with commencement date being 5th day of January 2017.

Jurisprudence of the Rules Much like the overriding objective under the rules of courts modelled after the Woolf’s Report – and which in turn inspired the English (Civil Procedure) Rules (CPR), the underlying objectives of the new Rules appears intended to further define the culture within which litigation will be conducted. To be sure, the main changes envisaged are in the areas of fast-track case management of all civil matters before the court, greater encouragement of settlement and Alternative Dispute Resolution (ADR) processes, proactive judicial management of litigation timetables (and resources) with respect to the hearing of interlocutory applications, checkmating dilatory tactics by practitioners and so on.

It is in the light of the foregoing that a few of its novel provisions are highlighted to see how the new Rules are poised at transforming a fundamentally different landscape of civil litigation at the National Industrial Court. Suffice to say that, as with

every other human activity given to some margin of errors, a few pitfalls are also identified.

FrontLoading System: Explicit on Details Comparatively, the provisions of the new Rules are more explicit on details with respect to the frontloaded processes, contents of the accompanying forms and documents, timescales for delivering the frontloaded processes and so on. There is also an emphasis on the particular forms to be employed in the commencement of specific proceedings and requirement of pleading with sufficient particularity.

It is helpful to note, even though there is no requirement of frontloading of a pre-action notice or protocol form by which a plaintiff is expected to show attempt(s) to have the matter amicably resolved prior to instituting a suit. A related, even if significant matter here, is that the court, in case managing its dockets, nonetheless encourages parties to explore out-of-court settlement talks.

It is also noteworthy to mention that the new Rules mandate an opposing party to promptly indicate (by filing an ‘acknowledgment’) any frontloaded document or exhibit whose admissibility he intends to object to at plenary hearing, or he loses the opportunity to take the objec-

tion at the hearing as ‘any document and exhibits contained in the schedule which is/are not objected to by the defendant(s) shall be deemed admitted and shall not be allowed to be objected to at the trial, except as the Court may otherwise direct.’ (O.3 r. 11 (3). This provision can however, be easily faulted as the principle of law is that the admission of document without objection, does not empower the court to admit a document that is in no way or circumstances admissible.

Two points may, however, be made. The National Industrial Court Act, 2006, Section 12 (2) (b) thereof, envisages a situation where the Court may depart from applying the provisions of the Evidence Act in furtherance of justice, so the Court electing to demonstrate a less inhibited approach in admitting an otherwise inadmissible piece(s) of evidence may arguably be in good stead here. On a related note though, the faint suggestion that parties may by consent render otherwise legally inadmissible evidence valid is not exactly the full picture here, as the enacting rule also confers the Court with discretion to nonetheless direct otherwise.

National Industrial Court is One Court For (Almost ) All Purposes The federal nature of the Court envisages

"TO BE SURE, THE MAIN CHANGES ENVISAGED ARE IN THE AREAS OF FAST-TRACK CASE MANAGEMENT OF ALL CIVIL MATTERS BEFORE THE COURT, GREATER ENCOURAGEMENT OF SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESSES, PROACTIVE JUDICIAL MANAGEMENT OF LITIGATION TIMETABLES (AND RESOURCES) WITH RESPECT TO THE HEARING OF INTERLOCUTORY APPLICATIONS, CHECKMATING DILATORY TACTICS BY PRACTITIONERS AND SO ON"

a single national geographic jurisdiction, with judicial divisions being created simply for the purpose of adjudicatory convenience. That is, the NICN has no state jurisdiction but national jurisdiction, even as divisions exist in the states of the federation. Premised on this viewpoint, and as demonstrated by the decisions of the NICN on the point, service of court papers issued in one judicial division on a defendant/party in another judicial division was never intended to be subjected to the formalities/requirements of ‘endorsement for service outside State’ (as provided for in the Sheriffs & Civil Process Act) or obtaining leave of court (under the rules of Court) for issuance for service of court processes within Nigeria.

This, however, was not so expressly stated in the 2007 NICN Rules, and the NICN has, in recent times, been subjected to a spate of preliminary objections seeking to extend the rule in OWNERS OF THE MV “ARABELLA” v NIGERIAN AGRICULTURAL INSURANCE CORPORATION reported in (2008) 11 N.W.L.R (Pt. 1097) 182, to the NICN. In MV Arabella, the Supreme Court was emphatic that the arguments of a single national geographic jurisdiction of the Federal High Court notwithstanding, leave is still required for the issuance and service of an originating process from one judicial division of the Federal High Court to another. Put simply, Abuja was declared to be ‘out of jurisdiction’ of the territorial jurisdiction of the Federal High Court sitting in Lagos.

Now, the National Industrial Court (NIC) is a superior court of record with co-ordinate status with the Federal High Court and a State High Court. Much like the Federal High Court, the coverage of the NIC’s jurisdiction is nationwide, and it is also divided into divisions. As may be expected, counsel for the defendant

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NICN RULES/13

AN OVERVIEW OF THE NATIONAL INDUSTRIAL COURT OF NIGERIA (CIVIL PROCEDURE) RULES, 2017 CONTINUED FROM PAGE 12 in many of the cases before the court have sought to take advantage of the Arabella’s wicket in arguing that permission of court is required to validate a process issued from, for instance, the Lagos judicial division of the court for service on a defendant resident in Abuja. The potential scope of the rule in MV Arabella, the breath of the argument proposed, should be applicable in such circumstance.

And, the NICN has- of late- expended scarce judicial time writing tomes of rulings and judgements, declining the invitation though. See, for instance, decisions of the NICN in Suit NIC/LA/157/2011 FRANCIS OLUYEMI OLAMIJU ESQ. v LOCAL GOVERNMENT STATE COMMISSION, EKITI STATE & ANOR (ruling delivered on March 5, 2012); ;Suit No: NICN/CA/75/2012 BRIGHT CHINEDU WODI v DIFFERENTIAL ALUMINUM AND STEEL COMPANY LTD & ORS (ruling delivered: 2014-01-21; per Kanyip J.); Suit No: NICN/ PHC/60/2014 MR. OHAKA UMESI DAVID v MR. KOLA T. ADEFILA & ORS (Judgement delivered: 2014-02-06; per Anuwe J.) and IKEEGBULAM v ASSOCIATION OF SENIOR CIVIL SERVANTS OF NIGERIA (2011) 23 NLLR (Pt. 65) Pg. 263.

Happily, Order 7 Rule 15 (2) of the new Rules appears to have sounded the death knell on the spate of objections along this line when it (now) expressly provides: ‘All originating processes or other Court processes filed by any party before the Court shall be served on any other party in any part of the Federation without leave of Court.’

It only remains to add here, in passing, that the Federal High Court may want to consider a clear statement along this line when it decides to review its rules of Court.

Service of Court Processes Via ‘Short Message Services’, Telephone etc The new Rules intend employing advances in telecommunications technology to effect service of court process on parties.

Order 7, an elaborate provision on service of processes provides, inter alia, that a party in a matter may be served ‘ by sending a notification by way of hearing notice through telephone short message services (SMS) of a process filed before the Court in which he or she or it has been named as a party’ (O.7 r.1 (1)(f) ). Hearing notice or notice of adjourned date issued by the Court may also be communicated by telephone call to the numbers provided by the parties or their counsel (O.7 r.2 (a). Hearing notice(s) may also be uploaded to the electronic mailing address provided by a party. There is some restriction as to use though: the employment of any of these devices for service is allowed for (all) court processes filed except(ing) originating processes.O.7 r. 1(4) Innovative provisions, no doubt. On the flipside however, is that even as the rules provide that proof of service of process made using any of these devices will be electronically downloaded and a printed copy of the process, proof, or fact of service can still be dogged in hotly contested arguments, not least on the form and shape of admissibility of digital evidence. It is also not foolproof, even as it does not detract from the argument that the Court can ill-afford to ‘shut its eyes to the mysteries of the computer’ in the conduct of its affairs (paraphrasing the Supreme Court in ESSO WEST AFRICA INC. v OYAGBOLA (1969) 1 NMLR 194). It is in this light that the establishment of communication and service centre to enable electronic filing of court processes and documents –with particular reference to O.66- is a welcome idea.

Pre-trial Conference: When Parties’ Case-Manage Dispute Unlike what obtains under the rules of the other courts, where the active case management idea of pre-trial conference is being utilised, conduct of pre-trial conference envisaged by the new Rules endows the parties with much flexibility and management (of their dispute) to attempt settlement of the matter with less intervention by the court. It is largely laissez faire. Upon exchange of originating (and reply) processes, parties may convene/ initiate a pre-trial conference, choosing time and venue (away from the court) for the conference (O. 12 r. 2(4). This is an innovative idea, because of the inherent potential of making litigation less adversarial and more cooperative whilst also promoting reconciliation. The breadth of areas on which the parties are expected to reach a consensus during pre-trial conference, helps to considerably narrow down the issues that should go to trial. It is only when parties fail to convene -of their own accord- a pre-trial conference, that the court may direct a court supervised session.

Upon conclusion of the pre-trial conference, parties are to file a copy of the report of the pre-trial conference with the Court.

Facilitating the Integration of Alternative Dispute Resolution One of the central objects of this civil procedure rules is promoting recourse to alternative dispute resolution mediums as an alternative to adversarial litigation. This is evidently nuanced in the provision(s) of the O.24 of the rules on the court making directions with respect to recourse to ADR (O.24). In a related vein, the National Industrial Court of Nigeria (ADR) Centre Instrument 2015 (establishing an Alternative Dispute Resolution (ADR)

to apply international best labour practices, O.23 r. 4 further enjoins a party seeking to invoke same, to state the particular principle(s) or authority concerning the international best practices or extant International Labour Standard such a party is seeking the Court to apply.

Fast Track Even as a stated objective of the rules is the fast-track case management of all civil matters before the court, Order 25 is specific on cases to be placed on fast-track. It, however, maintains fidelity with its stated object of being within a much wider scope when it allows part(ies) to apply to have particular matters not expressly covered, designated ‘Fast track’.

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

Centre) and the National Industrial Court of Nigeria (ADR) Centre Rules 2015 being rules to regulate all proceedings referred to the ADR Centre, have been issued by the President of the Court. The provision of O. 42 on ‘Amicable Settlement’, encouraging parties initiating and amicably resolving their dispute(s) out of court, may also be cross-referenced with this laudable provision.

Pleading with sufficient particularity act(s) constituting sexual harassment, workplace discrimination etc, and reliance on applicable international protocol, convention and treaty S. 254(C)(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) confers on the NICN juridical powers in ‘matters relating to or connected with any dispute arising from discrimination or sexual harassment at the workplace’. Two recent decisions of the Court readily come to mind in this regard. An award of damages was made for sexual harassment in the workplace in EJIEKE MADUKA v MICROSOFT NIGERIA LIMITED & ORS [2014] 41 NLLR (Pt. 125) 67 NIC, whilst termination of employment on account of pregnancy was heavily damnified in MRS. FOLARIN OREKA MAIYA v THE INCORPORATED TRUSTEES OF CLINTON HEALTH ACCESS INITIATIVE, NIGERIA & ORS. (2012) 27 NLLR (Pt. 76) 110 NIC. In Oreka's case (Supra), reliance was placed on an International Labour Organisation (ILO’s) convention which Nigeria has ratified. In reaching its decision, the Court referred to the Discrimination (Employment and Occupation) Convention, 1958 (No.111) in considering a claim of unlawful termination of employment on the basis of pregnancy.

O. 14 of the new Rules heightens the discussion on the NICN’s jurisdiction in this regard. A claimant is expected to plead with sufficient particularity, the act, action, correspondence, communication, gesture, utterance, manner or mode that constitutes the alleged sexual harassment or workplace discrimination, and where such an action or workplace discrimination involves a breach of or non-compliance with international best practices or international protocol, convention or treaty on labour, employment and industrial relations sufficient materials and particulars relating to the international best practices or international protocol, convention or treaty is to be given.

Even though endowed with jurisdiction/judicial power

"THE NEW RULES NOT ONLY EXPECT PARTIES TO BEHAVE RESPONSIBLY, BUT ALSO –AND, THIS IS THE FIRST TIME SUCH A PROVISION WILL APPEAR IN THE RULES- NOW MAKE PRACTITIONERS PERSONALLY LIABLE WHEN IT PROVIDES IN O. 55 R. 6(3) THAT COUNSEL IS TO BEAR THE COSTS ARISING FROM HIS OWN DEFAULT OR NEGLIGENT ACT. THERE IS AN APPROPRIATE SANCTION FOR FAILURE TO PAY COSTS AWARDED: THE DEFAULTING COUNSEL IS DENIED (FURTHER) RIGHT OF AUDIENCE"

Urgent relief Order 21 is an interesting provision. This provision is of more than a passing interest, and it is apposite to explain.

It makes allowance for certain applications requiring urgent hearing/relief to be filed at the registry of the court, accompanied by an affidavit and an advance copy forwarded to the respondent (O.21 r. 2(2).

It is not exactly clear if this provision is of much relevance in its stated intent, or scope of application. One; applications requiring urgent hearing are almost invariably such that the applicant cannot indulge in the luxury of service on the adverse party. They are mostly ex-parte applications for injunctive orders. As for other forms of interlocutory applications that are prescribed to be made on notice to the other side, there are sufficient provisions in the rules (for example, O.17 on ‘Motions and other Interlocutory Applications’, O.18 on ‘Determination of Motions’; O. 22 on ‘Interlocutory Injunctions’) prescribing minute details such as the way, manner, form and substance of such applications; the hearing (including order of hearing of preliminary objections as to jurisdiction vis-à-vis other applications before the court. O.18); and sundry matters.

Holding Practitioners Personally Liable for Unnecessary Court Costs The new Rules not only expect parties to behave responsibly, but also –and, this is the first time such a provision will appear in the Rules- now make practitioners personally liable when it provides in O. 55 r. 6(3) that Counsel is to bear the costs arising from his own default or negligent act. There is an appropriate sanction for failure to pay costs awarded: the defaulting Counsel is denied (further) right of audience.

‘Time is Always Running’ A more nuanced expression aimed at seeking an expeditious determination of matters before the Court can be found in the provision of the new rules that the time for filing and service of processes or taking any step required by the rules shall continue to run, notwithstanding that the time falls within the court’s annual vacation, Easter or Christmas recess (O.58 r.6 &7).

Conclusion It is safe to conclude again referencing the jurisprudential leaning of the Rules. It is important that practitioners understand the full implications of the set objectives of the Rules stipulating ‘quick, just, fair and efficient fast track case management system of all matters within the jurisdiction of the Court’. To achieve the ethos, the Court may want to consider imposing a stricter approach on latitudes with compliance with the provisions of the rules.

Take, for instance, the Rules of the High Court of Lagos State. By virtue of Order 5 rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2012, a claimant, who does not comply with the frontloading requirement in Order 3 of the self-same Rules, is visited with consequences ordained therein, namely the nullification of the proceedings. The severe penal measure has largely ensured compliance, as many a case has had to be struck out of the court's docket list for non-compliance with the aforesaid provision. There is a regime of compliance in place, which guarantees that court processes and proceedings are treated with the seriousness which they deserve; at the pain of stiff sanctions, namely nullification of proceedings. Can the NICN incorporate a similar provision in its new Rules?

While the reasoning to give precedence to substantial justice over technical cannot be faulted, it however tends towards levity in commencing an action at the NICN, where it is apparent that even in commencing an action, any defect in proceedings will be treated as a nullity.

The case for this is even more compelling when viewed against the provisions of the Rules that make a practitioner liable for personal default in the conduct of proceedings.

In introducing a similar sanction as in Order 5 of the Lagos Rules, such provision as found in the NICN Rules; rendering practitioners and not the litigants liable for their own default, can merely be expanded to provide that a practitioner may be liable for the cost of commencing the new proceedings, where the default in commencement was that of the practitioner to begin with.

On the whole, the NICN Rules are seemingly well intentioned, and, for the most part, well crafted. In particular, there is coherence which may just guarantee the predictability of culture, which the Rules so clearly seek to inculcate in litigants and Counsel.

Folabi Kuti, Commercial Law Practitioner, Partner, Perchstone & Graeys

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31.01.2017

INSIGHT ABUBAKAR D. SANI

abubakarsani1966@gmail.com

N46b Fertiliser Procurement by FG: Whither Due Process?

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Introduction

he Federal Government is currently embroiled in a controversy over the procurement of agricultural fertiliser (NPK) worth about N46billion from the Kingdom of Morocco through the financial intermediation of the Central Bank of Nigeria (CBN) and the Nigeria Sovereign Investment Authority (NSIA). The controversy was sparked by the protest of some members of the industry lobby group, the Fertiliser Producers and Suppliers Association of Nigeria (FEPSAN) who alleged that the procurement lacked transparency – i.e., due process - on the ground that it was purportedly hijacked by only one person/supplier, TAK Agro Ltd., owned by FEPSAN’s President, Mr. Thomas Etuh. It is alleged that TAK Agro is the sole importer, transporter, distributor of the raw material (muriate of potash) of the end- product.

The protesters further allege that, upon the arrival and discharge of the raw material from Morocco, TAK enjoys the sole monopoly over their bagging, storage, clearing and forwarding from the ports. The Governor of Jigawa State, Alh. Badaru Abubakar is also implicated in the controversy, having admittedly participated in birthing the programme as well as its implementation framework, in his capacity as the Chair of the Presidential Committee on Fertiliser. The protest (which was submitted to the Senate on Tuesday, the 17th of January, 2017) has since been countered by the Secretary of FEPSAN, Ahmed Kwa, as well as the Governor’s Forum.

The former insisted that the programme was open to all local producers of fertiliser who possessed the requisite capacity, pointing out that seven (7) of the thirteen (13) fertiliser blending plants in the country were involved, while the rest would be carried along in the subsequent phase(s). What is the true legal position? I believe this question is imperative, given the crucial role fertiliser plays in achieving the much-desired food security in the country.

Has any law been breached in the Procurement?

Beyond the accusations and counteraccusations between the parties, I believe the fundamental question is whether any law has been violated in the award of the contract(s). This question is pertinent, given the provisions of Sections 15(1)(a), 16(1) (c), 24, 44 & 45 of the Public Procurement Act, 2007, which provide, inter alia, that all procurement of goods, works and services carried out by the Federal Government of Nigeria and all procurement entities shall be conducted by open competitive bidding which shall be preceded by solicitations for expressions of interest to be published in at least 2 national newspapers as well as the procurement journal.

The Public Procurement Act (“PPA”) defines “procuring entity” as any public body engaged in procurement and includes a “ministry, extra- ministerial office, government

agency, parastatal and corporation”. This definition clearly includes the CBN, the SCIA and the Federal Ministry of Agriculture and Rural development (FMARD). That being the case, FEPSAN’s open admission that only seven (7) out of the thirteen(13) fertiliser blending plants in the country were involved in the procurement process would suggest that a prima facie case of non-observance of the aforesaid provisions of the Act has been established against the Federal Government and its relevant agencies. In making this submission, I concede that: (i) Section 15(2) of the PPA excludes from its provisions the procurement of “special goods, works and services involving national defence or national security unless the President’s express approval has been first sought and obtained”; (ii). Section 40(1) of the PPA permits a procuring entity to engage in restricted tendering in certain circumstances, where: “(a) The goods, works or services are available only from a limited number of suppliers or contractors; or (b) The time and cost required to examine and evaluate a large number of tenders is disproportionate to the value of the goods, works or services to be procured” In order for the procuring entity to invoke the foregoing provisions, however, it must comply with the conditions laid down in Section 40(2) & (3) of the Act, as follows: “(2) Where a procuring entity engages in restricted tendering on the basis that: (a) the goods, works and services are available only from a limited number of suppliers or contractors, it shall invite tenders from all the suppliers or contractors who can provide the goods, works or services; and (b) the time and cost required to examine and evaluate a large number of tenders is

disproportionate to the value of the goods, works or service, it shall select in a non discriminatory manner the number of suppliers or contractors to ensure effective competition” “(3) For the purposes of subsection (2) of this section, the procuring entity shall cause a notice of the selected tendering proceedings to be published in the procurement journal’; “(4) The provisions of this Act regarding the open competitive bidding procedure shall apply to the selective tendering proceedings, except to the extent that those provisions are varied by this section”.

I believe that the foregoing conditions are clearly applicable to the instant case, given that only seven out of the thirteen fertiliser blending plants in Nigeria were hand-picked by the Government for the controversial deal.

Are the Discretionary Provisions of the PPA valid?

Assuming, without conceding, that the Government was emboldened to hand-pick only TAK Agro and the other seven blenders as aforesaid by the provisions of Sections 15 & 40(2)-(4) of the PPA which appear to justify the clearly discriminatory procurement in this case, do they validate it? To the extent that those provisions of the Act permit the Federal Government to deny equal opportunities to other fertiliser blending plants in Nigeria - all of whom were evidently interested in and technically capable of bidding for the particular procurement in this case, their validity is open to question. This is because, those provisions of the Act are inconsistent with Article XIII(2)&(3) of the African Charter on Human and Peoples Rights, which provide as follows, respectively: “2. Every citizen shall have the right of equal access to the public services of his

"THE IMPORTANCE OF FOOD SECURITY TO ANY NATION CANNOT BE OVER-EMPHASISED. HOWEVER, THE QUEST TO ATTAIN THIS LAUDABLE GOAL, DOES NOT ENTITLE ANY GOVERNMENT TO ADOPT A CYNICAL, MACHIAVELLIAN POLICY OF ‘THE END JUSTIFIES THE MEANS’ IN ITS PROCUREMENT PRACTICES"

country; 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law”.

These provisions are self-explanatory.

They forbid discrimination between citizens of a signatory to the Charter, in terms of access to the public services and property of that country; such citizens are guaranteed strict equality of access to the public services and property of the country.

Nigeria has domesticated the African Charter vide the African Charter on Human & Peoples Rights (Ratification and Enforcement) Act 1981.

With the exception of the Constitution, the Charter is superior to all other laws in Nigeria: I.G.P v A.N.P.P. (2007) 18 NWLR pt. 1066 pg 457 @ 500C, per Adekeye, JCA (as he then was). Accordingly, where any statute is inconsistent with any provision of the African Charter, the latter will prevail and that other statute, will, to the extent of the inconsistency, be invalid, null and void.

Conclusion (i) The importance of food security to any nation cannot be over- emphasised. However, the quest to attain this laudable goal, does not entitle any Government to adopt a cynical, machiavellian policy of ‘the end justifies the means’ in its procurement practices.

I believe this will be the end-result, if the Government pursues policies which suggest that it condones, if not actively promoting, an uneven playing-field for its citizens, in terms of access to the means of achieving such security: equality, it is said, is equity. (ii) Government should review its procurement processes and laws, in order to ensure that it does not breach its obligations under subsisting international treaties, such as the African Charter on Human & People’s Rights.

In particular, the controversial N46billion fertiliser deal should urgently be re-appraised, so as to ensure that all interested and technically capable local fertiliser blenders, are afforded equal opportunities to bid therein on an open, competitive basis, as enjoined by Article XIII(2) & (3) of the African Charter on Human & Peoples Rights.

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Do Corporate Governance Codes Require Ratification of the National Assembly?

Professor Paul Idornigie, SAN discusses the National Code of Corporate Governance for the Private Sector, the Not-for-Profit Organisations Governance Code and the National Code of Corporate Governance for the Public Sector, and whether they require the ratification of the National Assembly to be validly made

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n 17 January, 2013, the then Honourable Minister of Trade & Investment gave a directive to the Steering Committee on the National Code of Corporate Governance.

The focal remit of the Steering Committee was to harmonise and unify all the existing sectoral corporate governance codes in Nigeria. The development of the codes was to enable the Financial Reporting Council to, among other things, promote the highest standards of corporate governance, and act as the national coordinating body responsible for all matters pertaining to corporate governance in both private and public sectors of the Nigerian economy.

National Codes of Corporate Governance At the end of the exercise, three codes were produced, namely, National Code of Corporate Governance for the Private Sector, the Not-for-Profit Organisations Governance Code and National Code of Corporate Governance for the Public Sector (hereinafter collectively referred to as “NCCG” or “Codes”). The first two Codes came into force on 17 October, 2016 while the third Code (for the Public Service) required further executive action by the Federal Government of Nigeria. Ordinarily, therefore, the report of the Steering Committee ought to be forwarded to the Minister of Trade and Investment for approval.It would seem that this was not done.

NCCG Codes as Delegated Legislation In the course of the deliberations of the Steering Committee and after the publication of the NCCG, a lot has been written and said about them. In this write-up, we are concerned about the status of these Codes as delegated legislation. We are not concerned about whether the Codes supersede any legislation or any other Code or whether the former Executive Secretary was properly removed. Assuming the Codes were properly published, do they (or similar regulations or rules) require the ratification of the National Assembly before they are legally binding? We do not intend to delve into the concepts of separation of powers or go into a detailed discussion of the delegated legislation.

Suffice it to say, however, that sections 4, 5 and 6 of the 1999 Constitution, as amended, have assigned specific powers to the three arms of government, namely, legislative, executive and judiciary respectively. In practice the exercise of these powers overlap. It is often stated that under the 1999 Constitution, the power of governance is delegated by the people through the Constitution and distributed to these three arms of government.

A derivative of all this, is the concept of delegated or administrative legislation. Traditionally, such legislation is looked upon as a necessary evil, though in reality it is more difficult to justify it in theory, than it is possible to do without it in practice.

Delegation can be done by the Constitution or an enabling statute. In all cases, the subsidiary or subordinate legislation must comply with the provisions of enabling enactment. Secondly, the powers to regulate must be properly exercised. For our purpose, we will examine delegation by an enabling statute.

Thus, delegated legislation (also referred to as subsidiary or subordinate legislation) means the rules and regulations made by an executive, administrative authority, regulatory agencies, public authority, agency, industrial and professional bodies chartered under various statutes and similar organs/bodies.

Similarly, a statutory instrument is an instrument made directly or indirectly under an Act by an entity other than the Parliament.

Subordinate legislation refers to a statutory instrument that is classified as subordinate legislation under the enabling statute.

Thus, whether a statutory instrument is classified as subordinate legislation depends on the provisions of the enabling statute. Why are such powers delegated? There are several reasons for delegated legislation including reduction of parliamentary workload, enabling experts to legislate on technical matters, saving of parliamentary time and cost, flexibility in administration and adaptability to changing times. Of course, there are arguments against delegated legislation including the fact that it is contrary to the doctrine of separation of powers, reduction of the supremacy of parliament, encouragement of arbitrariness and dictatorship and inadequate publicity of delegated legislation.

Be that as it may, it is true that delegation of power is inevitable in modern governance. However, there are legislative, executive and judicial controls. The most potent is the judicial control by way of judicial review. However, how are the powers especially the powers to make rules and regulations exercised? Are they subject to publication or ratification or approval of the Parliament? This has become necessary because in the course of deliberations on the NCCG in the National Assembly, a case was made that the

Prof Paul Idornigie, SAN

NCCG are invalid without ratification of the National Assembly.

Clearly, there are statutes that provide for publication of statutory instruments and others that do not.

A Matter of Construction In Nigeria, we do not have the equivalent of the Statutory Instruments Act, 1946 of the UK; Statutory Instruments Act, 1992 of Queensland, Australia and Statutory Instruments Act, 2013 of Kenya. Such enactments provide for laying of instruments before Parliament or statutory instruments of which drafts are to be laid before Parliament. In the Interpretation Act, Cap 89, Laws of the Federation of Nigeria, 1958, we had subsection (3) of section 22 that provides that all orders, regulations and rules of court made under any Ordinance (Act) shall be published in the Gazette of the Federation and if made under any law shall be published in the Regional Gazette. Similarly under subsection (4) of section 22 of the Interpretation Act, 1958, all orders, regulations and rules of court, shall have the force of law upon the publication thereof, in accordance with the provisions of the section or from the date named therein. We do not have a similar provision in the Interpretation Act, Cap 123, Laws of the Federation of Nigeria, 2004 as a statute of general application.

It was also not in the Interpretation Act, Cap 192, Laws of the Federation of Nigeria, 1990. Consequently, whether a delegated legislation requires mere consent or approval of the Minister, publication in a gazette or ratification, is a matter for construction in the individual enactment. We will give a few examples.

Examples Section 3(1) of the Electric Power Sector Reform Act, 2005 provides that “The National Council on Privatisation, shall by written notice in a Gazette fix the date, (in this Act known as the "initial transfer date"), on which the assets and liabilities of the Authority as specified in subsection (2) of this section shall be transferred to the initial holding company” while section 96(1) of the Act provides thus: “The Commission may, make regulations prescribing all matters which by this Act are required or permitted to be prescribed or which, in the opinion of the Commission, are necessary or convenient to be prescribed for carrying out or giving effect to this Act”.

Section 12(4) of the Legal Practitioners Act, 2004 provides that “It shall be the duty of the Bar Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in the Gazette and distributed to all the branches of the Association”.

"CONSEQUENTLY, WHETHER A DELEGATED LEGISLATION REQUIRES MERE CONSENT OR APPROVAL OF THE MINISTER, PUBLICATION IN A GAZETTE OR RATIFICATION, IS A MATTER FOR CONSTRUCTION IN THE INDIVIDUAL ENACTMENT"

Section 33(1) of the Fire Arms Act, 2004 provides, among others, that “The President, after consultation with the National Council of Ministers, may by regulations provide for- (a) the method of application for and the terms and conditions which shall be attached to any licence or permit granted, and to any registration effected, under this Act, and the renewal and revocation of any such licence, permit or registration” However, section 39 of the National Tobacco Control Act, 2015 provides: 1. In addition to any manner in this Act in which the Minister is authorised to make regulations under this Act, the Minister may make regulation prescribing any matter or thing that is necessary or appropriate to fulfil the objectives of this Act. 2. Any regulation made by the Minister under this section or any other section of this Act shall be subject to the approval of both Houses of the National Assembly (Emphasis added).

It is clear, therefore, that it is only the National Tobacco Control Act, 2015 that has express provisions on approval of the regulations by the National Assembly. We are not aware of any other enactment that has such requirement since the repeal of section 22(3) and (4) of the Interpretation Act of 1958.

In the case of the NCCG, there is no doubt that the Financial Reporting Council has powers to make them although the drafting of the relevant sections is inelegant. This can be garnered from sections 7, 8, 49, 50, 51 and 73 of the Financial Reporting Council Act, 2011 Act dealing with the powers of the Council, functions of the Council, establishment of the Directorate of Corporate Governance, Objectives of the Directorate of Corporate Governance, functions of the Directorate of Corporate Governance and powers to make regulations respectively. Essentially, the Financial Report Council has powers to enforce and approve enforcement of compliance with accounting, auditing, corporate governance and financial reporting standards in Nigeria and one of the functions of the Council is to monitor compliance with the reporting requirements specified in the adopted code of corporate governance. The Act provides for the establishment of the Directorate of Corporate Governance and the objectives of the Directorate include: a. to develop principles and practices of corporate governance; b. to promote the highest standards of corporate governance; c. to promote public awareness about corporate governance principles and practices; d. on behalf of Council, act as the national coordinating body responsible for all matters pertaining to corporate governance The functions of the Directorate of Corporate Governance include: a. to assess the need for corporate governance in the public and private sector; b. to organise and promote workshops, seminars and training in corporate governance issues; c. to issue the code of corporate governance and guidelines, and develop a mechanism for periodic assessment of the code and guidelines; d. to provide assistance and guidance in respect of the adoption or institution of the code in order to fulfil its objectives; and e. to establish links with regional and international institutions engaged in promoting corporate governance Conclusion It is arguable whether it is the Directorate of Corporate Governance that should issue the code or the Financial Reporting Council.

However, we will examine the powers to make regulations in section 73 of the Act which provides thus “the Minister may, on the advice of the Council, make such regulations as in his opinion are necessary or expedient for giving full effect to the provisions of this Act and for the due administration of its provisions”. This section does not provide that the regulations should be gazetted as in EPSR, 2005 nor requiring the ratification/approval of the National Assembly as in the National Tobacco Control Act, 2015. The section does not provide for laying the Codes in Parliament as in the UK, Queensland (Australia) and Kenya. Clearly, in our view, therefore, the NCCG do not require the ratification of the National Assembly to be validly made nor any gazetting. As forms of delegated legislation, what section 73 of the Financial Reporting Council provides is that it is the Minister that makes the regulations. Other than the Codes, the FRC Act will need to be comprehensively reviewed.

We concede that there are several issues arising from the publication of the NCCG. Other than the controversy generated by the Code for Non-for-Profit Organisations, the Codes for the Public and Private Sectors are as contentious. While we believe that there is need to have the NCCG, there is the need to revisit them as well as review the Financial Reporting Council Act. Professor Paul Obo Idornigie, SAN, PhD, FCIS, FCIArb(UK), Chartered Arbitrator, Nigerian Institute of Advanced Legal Studies, Abuja

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T H I S D AY • TUESDAY JANUARY 31, 2017

TUESDAYSPORTS

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

NBBF Secures $12m League Deal To re-launch D’Tigers’ mascot

Olawale Ajimotokan in Abuja The Nigerian Basketball Federation (NBBF) yesterday announced it has secured a $12 million sponsorship package for the local league.

The deal which is for five years was unfolded when the basketball stakeholders gathered for its Annual General Meeting in Abuja.

The federation’s Marketing Consultant, Kunle Raji, described the deal with an undisclosed global firm as the biggest in the history of basketball in Nigeria.

Indications are strong that the sponsorship will solely be for the men’s basketball league as MultiChoice which sponsored DSTV Basketball League until last year, is yet to make a renewal following the expiration of the four-year deal in December.

Apart from that, Raji similarly disclosed that NBBF board headed by Tijjani Umar, has severed relations with Nike as the national team kit sponsors.

A Chinese firm, Peak, has now been confirmed as the new kit providers for the national teams.

Raji said the value of the uniform that Peak will supply is more than the cash incentives which they would provide the federation.

Under the agreement, the Chinese sportswear firm will complete the NBBF Secretariat under construction in Abuja and will be granted the exclusive naming rights for the structure. They will also set up a shop where they will sell their merchandise.

Raji added that Peak, already in the first year of the contract, would provide additional cash incentives for D’ Tigers by paying the team bonuses when they get to the quarter finals of major international events like Afrobasket, Olympic Games and FIBA World Championship.

Another consultant contacted by the Nigerian federation, Yinka Abioye, said that a new mascot will be created for D’ Tigers, while the official national basketball supporters club will be established.

He said the move is part of the five-year strategic blueprint from 2016-2021 that will lead to Nigeria attaining the status of regional leadership in the continent.

FA C U P D R AW

Carl Ikeme Up against Victor Moses’ Chelsea in Fifth Round Super Eagles and Chelsea forward, Victor Moses will line up against his national team goal keeper, Carl Ikeme when Wolverhampton Wanderers take on the Blues in fifth round of the 2017 English FA Cup. In the draws of the competition announced yesterday, Alex Iwobi’s 12-time winners Arsenal are to take on non-league side Sutton United in the fifth round of the FA Cup, while Lincoln City are away to Premier League Burnley.

In a draw that produced no all Premier League ties, holders Manchester United will go to Blackburn Rovers, while Kelechi Iheanacho’s Manchester City are away to Huddersfield who are fifth in the Championship Fulham is to host Tottenham Hotspurs, who are third in the Premier League.

Top-flight Middlesbrough

will welcome Oxford United to The Riverside Stadium, while fellow League One side Millwall will host Derby, chasing a Championship play-off place, or Premier League champions Leicester.

The fifth round represents the last-16 stage of the competition and all ties are scheduled to be played from 17-20 February.

FIFTH ROUND FIXTURES Burnley Vs Lincoln City Fulham Vs Tottenham Blackburn Vs Man Utd Sutton Utd Vs Arsenal Middlesbrough v Oxford Utd Wolves Vs Chelsea Huddersfield Vs Man City Millwall Vs Derby/Leicester

Transfer: Odion Ighalo Close to China Deal Chinese club, Changchun Yatai, has tabled a substantial offer for Watford striker Odion Ighalo.

The club is currently engaged in negotiations, while three other Premier League clubs are also chasing the Nigeria striker.

Another Chinese Super League club Shanghai Shenhua is understood to have tabled a 15 million pounds bid for

the 27-year-old striker.

It is believed that Watford has placed a 25 million pounds price tag on Ighalo.

On Sunday, Watford left out the striker from an FA Cup tie loss at Millwall.

Last week, Watford Manager, Walter Mazzarri, confirmed the club have received official bids for the Nigeria striker with Chinese club in the forefront of the chase.

Obinna Nwobodo of Rangers International FC (left) challenged for ball possession by Andrew Ikefe of Niger Tornadoes in Matchday 5 clash of the NPFL... last weekend

Ugwuanyi Appoints Chukwu as New Rangers GM Enugu State Governor, Ifeanyi Ugwuanyi, has announced the appointment of former Green Eagles captain and coach, Christian Chukwu, as the new General Manager and Chief Executive Officer of Rangers International Football Club of Enugu.

Speaking after a fact finding tour of the club that ended its trophy drought after 32 years last football season, the governor appointed the ex-international who is also a former Rangers captain as the new helmsman to take over from Ozo Chibuzor.

As defending champion of the NPFL, the Flying Antelopes are languishing in the 11th spot of the fiveweek old league with just a

win and three draws to earn just six points from a possible 15. Rangers drew their last weekend’s home game with visiting Niger Tornadoes 1-1 at the Cathedral in Enugu.

But in his determination to halt the trend, most especially as Rangers will be flying Nigeria’s flag in the CAF Champions League, the governor met with stakeholders of the club like the board, management, players and supporters where it was unanimously agreed to put ‘Chairman Chukwu’ in-charge of its affairs.

While reacting to the development, the new General Manager of the club, Chukwu thanked the governor for the appointment and his prompt

intervention and promised to put in his best to ensure that Rangers retains its current status in Nigeria football.

He called for the cooperation

and support of the board, management, players and all other stakeholders of the club to take it to an enviable height.

Chukwu

A C C E S S / L A G O S M A R AT H O N

Alli Gives Update on Road Closure, Kits Distribution The General Manager, Access Bank/Lagos City Marathon, Yussuf Alli, yesterday released detailed information on road closure on February 11, 2017 the date of the second edition of Access Bank/Lagos City Marathon.

Alli disclosed that for about 12 hours some part of Lagos will be shut down for the safety of thousands of runners, hundreds of thousands of cheering fans and millions of Lagosians.

Alli urge residents of Ikeja and environ going to Victoria Island to use the Ikorodu Road while vehicles from Badagry, Mile 2, and environ going to Victoria Island should use

Apapa and Orile to link Eko Bridge to Victoria Island, while residents of Lagos Mainland, Surulere and environ are advised to avoid Masha Area and National Stadium but they can link Victoria Island through Iponri/Iganmu, Eko Bridge then to Victoria Island.

Alli also said Vehicles coming from Ibadan, Mowe and environ can link Victoria Island through Ojota, Ikorodu Road, Eko Bridge to Victoria Island, while vehicles from Okota go through Mile 2 to Orile , Eko Bridge to Victoria Island, those from Sango-Otta going to Victoria Island MUST go through Mushin, Funso Williams Avenue (Western

Avenue), Eko Bridge to Victoria Island and vehicles coming from Epe, Ajah , Lekki and environ must use the Alternative Route to Victoria Island. Lastly, Ikoyi residents going to the Mainland can use Alfred Rewane (Kingsway Road) link Osborne to the Mainland.

Alli said the following roads will be totally or partially closed. “the Third Mainland Bridge will be closed from 7.15 am to 2pm, Alaka Road Service late will be closed from 5.45 am to 7.30 am, National Stadium to Ojuelegba, Dormanlong Bridge, Onipanu, Obanikoro, and Anthony will be closed

from 6.45am to 9 am, Antony Village to to Oworosoki will be closed from 7.15 am to 9 am, Adekunle Junction that links Third Mainland Bridge will be closed from 7.30 am to 2pm.’’.

The General Manager said runners will start collecting their kits from February 1, 2017 at Molade Okoya Thomas Hall Teslim Balogun Stadium.

“I am also happy to inform our media partners that they can collect their accreditation forms at Marathon Office, Teslim Balogun Stadium, the deadline for collection and submission is February 6, and accreditation cards will be distributed February 9, 2017.”

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MISSILE SERAP to Buhari

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“We are concerned that the failure to suspend Mr. Lawal from his position as Secretary to the Government of the Federation pending the investigation by Mr. Malami, and the perceived lack of transparency in the outcome of that investigation may have created the impression that your government is treating Mr. Lawal as a sacred cow” – The Executive Director, SocioEconomic Rights and Accountability Project (SERAP), Mr. Adetokunbo Mumuni condemning President Muhammadu Buhari for clearing Secretary to Government of the Federation, (SGF), Engr. Babachir Lawal who was indicted by the Senate over his alleged complicity in awarding N237million contract to Rholavision, a company he had substantial interest in.

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TUESDAY WITH REUBENABATI abati1990@gmail.com

Donald Trump and the Muslim World

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am not a fan of Donald Trump, the incumbent President of the United States. I didn’t stand with him. I stood with her- Hillary Clinton- in the last US Presidential election. No other election in recent American history has been more international in terms of interest and emotional involvement. Trump’s election even divided the Nigerian middle class. Majority of Christians in Nigeria stood with Donald Trump. They liked his anti-Muslim rhetoric, and in a country where religion is such a volatile subject and the Christian community feels as if it is under siege from radical Islamic extremism, it was easy for a category of Nigerians to see Trump’s politics being in sync with their own fears and expectations.

Pro-secessionist, Biafran and Christian protesters in the South East also supported Trump. On his Inauguration Day, they organized a rally, some of them were killed, in the process, by Nigerian security agents.

It is always so easy to read American politics into every other politics globally because of America’s status as a superior power and the global dominance of its culture. Many Nigerians who opposed Hillary Clinton of the Democratic Party also did so, for example, for partisan reasons, because they felt the Democratic administration of President Barrack Obama was responsible in many ways for the outcome of the 2015 Presidential election in Nigeria. They wanted a pound of flesh – they wanted the Democrats out of the White House, the same way the PDP exited Aso Villa. The funny thing is that Nigerians who do not hold American citizenship, were not in a position to vote in the US election, but this didn’t deter us from weeping more than the Americans.

In my case, I opposed Trump because I consider him a vile, navel-gazing, crude, child-like nativist, whose Presidency could pose a threat to the free world.

I have been proven right. The United States is in trouble because of Donald Trump. In less than two weeks in office, President Trump has signed executive orders, which amount to an assault on the liberal international order. America is great because it became the dreamland and the symbol of freedom, prosperity and fulfillment for persons and families across the world. It is great because it became the melting pot for global genius, the preferred destination for generations of talented persons in all fields of human endeavour. America is great because its diversity and multiculturalism became pillars of its exceptionalism.

Donald Trump, on twitter where he spends his waking hours, and on the podium, where he rants, says his ambition is to “Make America Great Again” (#MAGA), but it is beginning to look as if Trump will end up making America small. The Executive Orders which he has signed so far, are intended to upturn America’s foreign policy in the last 50 years, isolate the country from the rest of the world and turn it into an island.

America appears destined to become a pariah state for the next four years. With Trump, America now sees the rest of the world as an ocean of enemies, with this persecution complex dressed up as national interest.

Trump

The most pernicious of the Executive Orders is Trump’s suspension of the US refugee programme for four months and the entry ban for 90 days imposed on nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Is the action legal?

Section 212(f) of the US Immigration and Nationality Act (INA) (1952) empowers the President to restrict immigration access to the United States: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary suspend the entry of all aliens or any class of aliens as immigrants and non-immigrants or impose on the entry of aliens any restrictions he may deem to be appropriate.” The sentiment behind this legal provision is protectionism, which is ironic in a country of immigrants.

This is Donald Trump keeping his campaign promise to protect America for Americans and review immigration policies.

Is this new? No. Over the years, America has always tried to control the influx of immigrants. This was the case even under President Barack Obama. Trump reminds us of the 1882 Chinese Exclusion Act which turned back the Chinese, and a similar law in 1924, which targeted Asian and African immigrants, both of which were corrected by the Immigration Act of 1965, which forbids discrimination on the basis of national origin, ancestry and race. The only problem is that Trump’s approach is crazy, a case of policy mixed with bigotry and narcissism, and an unconstitutional gambit which violates the First Amendment, hidden under the banner of “protecting the nation from foreign terrorist entry.”

Given the contradictions between the 1952 and 1965 Acts and the First Amendment, Trump’s actions are perhaps better tested in the court of law.

He wants to build a wall at the Mexican border. This has already caused a rift with Mexico. He is also holding radical Islam responsible for security breaches in the United States, and this is certainly

because foreign-born Muslims have been responsible for many acts of terror in the US: the 9/11, the Boston bombing, the Nigerian underwear bomber; across Europe, radical Islamic extremism has also proven to be a problem. Trump’s solution is to demonize Muslim-majority countries and arrive at the simple solution that the best way to protect America is to shut out the Muslims. He insists that “This is not about religion – this is about terror and keeping our country safe. There are 40 different countries worldwide that are majority Muslim that are not affected by this order.” I don’t believe him.

The chosen seven countries that have been shut out have not in any way been responsible for most of the acts of terror in the US in recent times. Trump leaves out Egypt, Pakistan and Saudi Arabia, and other Muslim-majority countries, but the kind of chaos that has been generated makes every Muslim going to the United States vulnerable. You don’t have to be from the seven targeted countries, once you bear a Muslim name, you could be subjected to greater scrutiny by Customs and Border Protection Officers. Some of the people who have been harassed at the borders since last Friday when the Executive Order was signed are American citizens with dual nationality.

While Donald Trump is proposing greater vetting and scrutiny of the influx of Muslims, and refugees, he is nevertheless willing to allow more Christians into the United States. This is the message that comes across: Christians are welcome. Muslims should be carefully scrutinized before they are allowed in. In other words, Christians are better than Muslims. This may sound like an over-simplification, but that is just how it is. President Trump is likely to make the United States more unpopular in the Muslim world, damage established friendships and promote a culture of hate that has proven a threat to American foreign relations in parts of the world.

American liberals are justifiably upset and angry. President Trump’s policy moves and rhetoric depart from the America they have known for the past 50 years. But right now, America is so divided, nobody can comfortably sit on the fence, and that is why public opinion is so viciously divided too. Trump addresses the fears of those Americans who, like him, don’t want more immigrants and asylum seekers. This is the ultimate rise of American xenophobia and an attempt to turn that country into “a camp of saints.” But there are limits to nativism as seen in Jean Raspail’s novel, The Camp of the Saints (1973) and The Slums of Aspen: Immigrants vs. The Environment (2011) by Lisa Park and David Pellow.

But no matter the tone of global outrage, Donald Trump obviously doesn’t give a damn. Mexico has cancelled a meeting with Trump, a protest calling for signatures to prevent his proposed state visit to the UK has attracted over a million signatures, Iran is threatening reciprocal action, the entire Muslim world is outraged and inside America, California is threatening to secede because of Trump! And Trump? He wants

to be President of the United States, not President of the world. He wants to serve the American people who voted him into power, not some immigrants coming from the slums of Africa, Asia, Latin America and the Middle East. Across the world, there are millions who look up to the United States as the land of freedom. Trump is saying: America is no longer ready to be the world’s Atlas nation. It is not just immigration that will be affected: trade, aid, military relations as well. This has created a regime of fear among many who depend on the United States.

There are millions of Africans living in the United States, particularly Nigerians. They don’t all have the papers granting them the right of stay. There are asylum seekers, refugees and many who are still processing their residency papers. An American for Americans only policy is likely to place them at the risk of rejection and eventual deportation. When you talk to some of them, you can actually sense panic, fear, despair. They panic because America has become their adopted home. It is their place of work, their source of hope, and the best place in the world where they are happiest.

They panic because their original homeland offers them little hope. They don’t want to return to a Nigeria where there is no regular power supply, employment opportunities, good roads, communications or transportation system. Living in America confers a special status on them among friends, family members and the community at home.

There are others who are already naturalized Americans, and who may have nothing to fear, and there are those Nigerians who have helped to build America with their talents and intellect, and who don’t really care on what side of the bed Donald Trump is likely to wake up tomorrow morning.

Then you have the big crowd of I-mustgo-to-America-by-force set of Nigerians who are daily trooping to the American embassy in search of visa. Since the Executive Order by President Trump, that crowd has not been smiling at all. I know many of our compatriots who have suddenly become experts in analyzing American immigration rules. Nigeria is not one of the seven countries on the Trump list and the review and restriction are supposed to last for 120 days, but long-time US visa applicants in Nigeria believe that what a typical American immigration officer has actually been looking for is a President like Trump. An inconsolable applicant tells me he is no longer sure he will ever get a visa to the United States.

I assured him that the world will always need America and America will always need the world. Isolationism discounts the ideal of an interconnected global order.

President Donald Trump’s success will be determined in the long run not by the arrows he shoots in the international arena from North Korea, to China, to Mexico and Somalia, but how well he fulfills the promise to make America greater than he met it. If they don’t want you to stay in America, come home, please. Stay at home, e go better… or go to Canada or Taiwan.

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