Tuesday 7th February 2017

FG Unveils Measures to Turn Around Economy, Targets 7% GDP Growth Tobi Soniyi in Abuja The federal government yesterday unveiled new measures to turn around the Nigerian economy which last year plunged into its first recession in 24 years.

The Minister of Budget and National Planning, Udo Udoma who announced the measures at a governmentprivate sector engagement forum on the Nigeria Economic Recovery and Growth Plan (ERGP) at the

Presidential Villa, Abuja, said the new plan would enable Nigeria to attain a minimum GDP growth rate of 7 per cent within the plan’s period The minister said the programme would be implemented between

2017-2020.

In designing the plan, Udoma said government consulted widely and received inputs from all segments of the Nigerian society including the states.

According to him, some of

the 34 key actions selected for immediate implementation were already yielding results, especially the reforms in agriculture and solid minerals.

He said the government would tackle the constraints

to growth, noting that Nigeria’s growth faces various supply constraints including fuel, power, foreign exchange and even business unfriendly regulations.

Continued on page 10

Fashola: Appointment of AfDB Official as TCN MD Unconnected to $174m Loan… Page 11 Tuesday 7 February, 2017 Vol 22. No 7964. Price: N250

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Osinbajo: I’m Not Under Pressure to Resign, Buhari is Hale and Hearty Tobi Soniyi in Abuja Acting President Yemi Osinbajo yesterday spoke for the first time since President Muhammadu

Buhari’s departure for the United Kingdom, where he is undergoing medical tests for undisclosed reasons, assuring Nigerians that the speculations surrounding the

health of his principal and the fake news reported by some online news media, he was under no pressure from any quarters to resign.

Osinbajo also disclosed that

he had a phone conversation with the president yesterday and he was “hale and hearty”.

Osinbajo spoke to reporters after he met with the Chairman of the All

Progressives Congress (APC), Chief John Odigie-Oyegun at the State House, Abuja.

He said: “I’m not under pressure to resign. I was voted for by the people of

this nation – myself and Mr. President – and so the people of this nation have not asked us to resign.

Continued on page 10

Nigerians Protest Poor Governance, Poverty, Hunger Demonstrators converge on Nigeria House London, demand president speaks to them We hear you loud and clear, says acting president Tobi Soniyi, Kasim Sumaina in Abuja,Chiemelie EzeobiinLagos andAdemola Babalola inIbadan Nigerians from all works of life trooped out in major cities in the country to protest against poor governance and the economic policies of the federal government, which they blamed for the widespread poverty and hunger in the land.

The protest was not limited to Nigeria alone as demonstrators in Britain joined their compatriots back home when they converged on Nigerian House, London, demanding that President Muhammadu Buhari appears in person and address them, following reports from the presidency on Sunday that

R-L: Organiser of #IStandwithNigeria and member of the Bring Back Our Girls Group, Aisha Yesufu; member of #OneVoiceNigeria, Mr. Chidi Ndikalu; and General Secretary, Alliance for Credible Elections, Ms. Mma Odi, leading the Continued on page 9 nationwide protest against poor governance and economic policies, in Abuja… yesterday enock reuben

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T H I S D AY • TUESDAY, FEBRUARY 7, 2017

STARTERS

Nigeria’s Priscilla Makes UK Tighten Health Care Rules

Two-Minute Briefing NEWS Fashola: Appointment of

AfDB Official as TCN MD Unconnected to $174m Babatunde Fashola, yesterday said the decision of the federal government to appoint Usman Gur Mohammed, as the new MD ofTCN was driven by the need to improve TCN operations.

Page 11

EDITORIAL Ambode And Rights of the Poor

Notwithstanding a court injunction which restrained it from carrying out forcible ejection of the residents of some waterfront communities, the Lagos State Government in November last year evicted no fewer than 30,000 residents of Otodo Gbame.

Page 15

POLITICS Kashamu’s Endless

Extradition Battle While the planned extradition of Senator Buruji Kashamu to the United States to face trial for an alleged drug-related crime has become a recurring decimal, Davidson Iriekpenwonders why the National Drug Laws…

Page 16 Priscilla in the hospital Overseas patients needing non-urgent treatment at hospital will be made to pay first under a major crackdown on health tourism in the United Kingdom.

The move coincides with a hardhitting BBC documentary which revealed how one Nigerian mother, Priscilla who gave birth to quadruplets had racked up a bill of £500,000.

Priscilla, 43, went into early labour at Heathrow airport after being turned away from the US. Two of the babies have since died.

The other two are still being looked after at Queen Charlotte’s and Chelsea Hospital in West London and their mother will not be able to repay even a fraction of their costs.

Although the rule change will not apply to maternity care, ministers

are hoping it will help stop the NHS being seen as an “international health service”.

According to Reuters, from April hospitals will be legally obliged to charge patients upfront for procedures which are not deemed immediately necessary.

This includes hip or knee surgery, cataract removals and operations to remove hernias as well as certain scans and medications.

If patients are unable to pay, doctors will be told to make a decision, based on their clinical need, as to whether the treatment should go ahead anyway.

But many may be instructed to return to their home countries and have the procedure there.

The rules will not apply to maternity care or any treatment considered

potentially life-saving or immediately necessary.

This includes scans or treatment for cancer or heart conditions as well as operations to remove the appendix.

Hospitals are also being told to ask all new patients for passports and utility bills when they first arrive to check they are entitled to NHS care.

Those which fail to show they are collecting enough money from patients at the end of the year may be fined.

Last week a damning report from the Commons spending watchdog accused the NHS’s billing system for health tourism of being in chaos.

The Public Accounts Committee blamed hospital staff and GPs for failing even to identify which patients needed to be charged.

NIGERIANS PROTEST POOR GOVERNANCE, POVERTY, HUNGER he had extended his stay in the United Kingdom indefinitely for health reasons.

Responding to the demonstrations, which the Nigeria Police initially tried to stop, acting President Yemi Osinbajo told the protesters that the federal government was aware of the sufferings of Nigerians, adding that they have every right to demand for a better economy.

He promised that the administration under Buhari was determined to make it happen.

In Lagos, however, given the heavy publicity it had generated with the accompanying withdrawal of one of its chief promoters, Nigeria’s music star Innocent Idibia, better known as Tuface, the nationwide protest in Nigeria’s commercial nerve centre witnessed a very poor turnout.

Irrespective, the low turnout did not prevent the organisers – Enough is Enough (EiE) Coalition and One Voice Nigeria – from having a good outing as they succeeded in registering their grievances despite the heavy police presence.

The protest which was billed to hold at the National Stadium, Surulere, Lagos, kicked off at about 9 a.m. with notable faces like Charly Boy; popular comedian, Seyi Law; Sahara Reporters’ publisher, Omoyele Sowore; Executive Director of Paradigm Initiative Nigeria (PIN), Gbenga Sesan; and the founder, Campaign for Democracy, Dr. Joe Okei-Odumakin, leading the way.

There was heavy police presence at the

National Stadium preparatory for the expected protesters, just as security measures were taken to ensure that the protest was not hijacked by miscreants.

But before the protest started, there was some mild drama between the police and protesters, which was averted by the management of the stadium before it snowballed into a crisis.

Without any instruction from the command headquarters, policemen who were deployed to the stadium had initially blocked the entrance, prohibiting early comers from entering the stadium for the protest.

It took the intervention of the stadium’s management to get them to remove the barricades, given that they were not just blocking the protesters but also regular users of the stadium.

Once the barricades were removed, the protesters trooped in carrying placards that read: “Invest in infrastructure, create jobs”, “people die daily from lack of basic and affordable healthcare”, “there can’t be a set of rules for the poor and another set for the rich”, “food, medicine, everything is three times more expensive but salaries have not increased”, and “there is enough in Nigeria for all of us to chop belleful”, among several others.

By 11.30 p.m., the stadium was as silent as a graveyard after the protesters departed for the National Theater to continue their protest.

At the theater, the protesters rallied in front of the edifice and were addressed in turns by the organisers and supporters.

After being addressed by Charly Boy and Seyi Law, the crowd dispersed under the watchful eyes of the police, who were on alert to dispel any violence.

But before the crowd dispersed, the organisers commended the police for providing security, which prompted the protesters to unanimously give three hearty cheers to the police.

In Abuja, protesters anchored by different human rights activists converged on the Unity Fountain in Maitama early yesterday for a procession march to the Presidential Villa to make their grievances known to the Buhari-led administration.

Led by the immediate past Executive Secretary of the National Human Rights Commission, Mr. Chidi Odinkalu, the protesters said nothing was bigger than trying to rescue the country.

Speaking on behalf of the protesters, Odinkalu said: “We are trying to make sure that Nigeria works for everybody. We came here as poor ordinary Nigerians armed with our national plan.

“They (police) have been sent here to do what they don’t want to do, we know they are part of us.”

Pointedly addressing the heavily armed Continued on page 10

FEATURES A New Look for Tinubu Square

The upgrade ofTinubu Square by the Lagos State Government takes the state a step closer to the realisation of the present administration's goal of making the state a tourist destination in Africa, Peace Obi reports Page 18

BUSINESS Despite NNPC’s Intervention,

Ex-depot Price of Petrol Still High In spite of the intervention of the NNPC to flood the market with imported petrol, the ex-depot price of the product is still higher than the government’s approved N123.28 –N133.28 per litre ex-depot…

Page 21

PROPERTY Top Services, First Ally

Signed N20Bn Real Estate Investment Trust TSL and First Ally, fund manager, have signed a N20 billion REIT, consisting of 20 million units which will be on offer for subscription at N1,000 per unit from February 1, 2017.

Page 28

INTERNATIONAL Trump Travel Ban: States Urge

Retention of Temporary Block Restoring President DonaldTrump’s ban on immigrants from seven mainly Muslim countries would “unleash chaos again”, lawyers for two US states argue.

Page 34

SPORTS Cameroon: Kalu Warns No

Repeat of History Orji Uzor Kalu, has warned handlers of the Super Eagles not to allow a repeat of Nigeria’s capitulation to Cameroon again following the triumph of the Indomitable Lions in the 2017 AFCON… Page 39

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TUESDAY, february 7, 2017 • T H I S D AY

PAGE TEN NIGERIANS PROTEST POOR GOVERNANCE, POVERTY, HUNGER policemen and operatives of the Department of State Service (DSS) at the barricaded gate of the Presidential Villa, he informed them “we are here to say enough is enough”.

He added: “We are giving this government till May 29, 2017 to fulfill the promises they have made. Today, we are here with a yellow card, on the 29th of May, if things are not better, we will come with a red card.

“We don’t know what is happening to our president, we don’t know the whereabouts of Mr. President.

“We are fed up with these old pictures of our president and those being currently passed up as new ones. We are fed up with the lies and deceit.

“We are here with major demands: we want transparency in governance, we want to know how much the states are getting, we want to know what happened to the bailout funds, how much the federal internal revenue is collecting, how much the Nigeria Customs Service made, how much the Nigeria National Petroleum Company is making, and how our government is spending it.

“We want to know how many children of persons in this administration have been hired

by NNPC, CBN, INEC and all the big offices across the country.

“We want to know how much the grass cutter stole in order to make our internally displaced persons (IDPs) go hungry. We don’t want the grass cutter to hire the president as his lawyer.

“The life of all Nigerians must count. We don’t want any Nigerian’s life to be dismissed; every Nigerian must have a name.

“Corruption has not gone away.

It has gotten worse. The president

told us that he is going to fight corruption and not defend people who are accused of being corrupt.

“He told us that he is going to protect our interest and not the interest of the grass cutter. We say enough is enough.

“The current energy minister, my good brother, Mr. Raji Babatunde Fashola told us during the 2015 general elections campaign that a serious administration can fix power within six months.

“But, today, we are over 20 months into this administration and there is still darkness in the land.

“Poverty is getting worse, we cannot buy bread, we cannot buy food and we can’t find jobs. We are asking government to fix energy, give us transparency and be accountable. And protect every Nigerian irrespective of where they come from and where they live.

These are our demands.

“We also want to reiterate that we are gathered here to protest that our political leaders have failed us, the elected leaders have failed us.

“They are not keeping to their election promises, they are not following their manifesto. We are here to demand for proper leadership.”

Speaking to THISDAY also, the National Coordinator, Human Rights Writers Association of Nigeria (HURIWA), Mr. Emmanuel Onwubiko explained that the protest was an excellent expression of the people’s determination to change a system that is not working.

“The economy is not working and the political climate is not working. So, Nigerians, no matter how little they are in number have come out to to be heard by the government and tell it that enough is enough,” he said.

Speaking also, one of the leading members of the Bring Back Our Girls Group, Mrs. Aisha Yesufu said the purpose of the protest was to demand for good governance.

“Citizens are tired of the state of affairs in the country. A lot of people are hungry,” she said.

Similarly, protesters in Ibadan, the Oyo State capital, defied the orders of the security agencies not to go ahead with the planned demonstration against the federal government’s policies yesterday, as they shutdown activities in some areas of the city for about four hours.

As early as 7 a.m., human rights activists drawn from the labour movement, student bodies and unemployed graduates, as well as civil society organisations (CSOs) converged under the banner of Oyo Voice at the University of Ibadan gate, demanding good governance from Nigerian leaders and catalogued the woes of the suffering masses.

They were unequivocal about the task before the suffering masses to prepare to salvage the country from the hands of “wicked and selfish leaders who are running the country the way they like”.

Their protests resulted in traffic snarls around the city, despite the attempts by the police to ensure vehicular movement.

Those who led the protest included Ibadan-based social commentators, Mr. Femi Aborisade and Abiodun Bamgbose and former University of Ibadan Students’ Union Presidents, Tokunbo Salako and Babatunde Badmus, among others.

Reacting to the demands of the protesters, Osinbajo said that the federal government was aware of the sufferings that the people are going through.

He also said that the protesters have the right to demand for a better economy and that the present administration under Buhari was determined to make it happen.

Speaking while hosting a consultative forum of Economic Recovery and Growth Plan (ERGP) in Abuja yesterday, Osinbajo assured the protesters that government would not relent in its efforts to change the country for the better.

He said: “We hear you loud and clear.”

He said that the deterioration of the years gone by could not be reversed overnight.

According to him, the present administration was taking its duty of reviving and setting the economy on the right path seriously.

He noted that Nigeria was indeed in a very precarious situation, but that the government was not unaware of the sufferings of citizens in the country.

Osinbajo quoted the president’s comment a few weeks back when he said: “I know how difficult things are. All my adult life I have always earned a salary. I know what it is like when that salary is not enough.”

The acting president added: “We are in a serious economic situation and the president is particularly concerned about the lot of the common man. And I quote him, ‘For some, the recession today means not being able to pay school fees, for others not being able to afford the high cost of rice and millet, and for most of our young people the recession means joblessness.’

“I for one, have been across the states and even today some people are out on the streets protesting

that things are difficult. What we are saying to every Nigerian is that we hear you loud and clear, and we are determined to turn around the economy.

“You have a right to demand for a better economy and we are committed to see it happen.

“Years of deterioration cannot be reversed over night. Again it has to be said that it’s our business, it’s our duty to ensure that we put the Nigerian economy on the track of recovery.

“For the past 18 months, we have had to intervene three times in states to enable them have enough resources to pay salaries and the last intervention was in December when we paid the Paris Club refund to the states.

“These are funds that the federal government owed the states since 2005. This was to enable states pay their workers and we tend to believe that this is what is being done.”

Osinbanjo also spoke about the half a trillion social intervention fund which includes the payment of N5,000 a month to the poorest citizens in the country, the homegrown feeding programme which has started in several states, and the provision of credit facilities to 1.6 million traders and artisans, among others.

However, in his remarks on the protest, the National Leader of the All Progressives Congress (APC), Chief Bola Tinubu said protests would not solve the problems of the country.

Addressing some youth who visited his Bourdillon residence in Ikoyi, Lagos yesterday, Tinubu admitted that there is hardship in the land, but pointed out that the damage of the last 16 years

could not be repaired “overnight”.

He admitted that the current government was a “product of protest”, but appealed for understanding.

“What we are going through now will be resolved. We are going through the historic phase of a country that is promising,” he said.

“In every political situation, you have the twists and turns, it cannot be straight all the time. We are all victims. You are carrying placards… I have been a placard carrier since when?

This government is a product of protest.

“But there is a leadership in the land, and you have to live with that for now. Protest won’t solve the problem, will it?”

Asked what the solution was Tinubu harped on “re-planning; being responsive; being able to engage the people so that we will see what the challenges are”.

“We are not denying the fact that Nigerians are suffering and have the right to protest, but the party and economy must be returned to shape.

“We are two years into this administration. To make those changes effectively and positively eventually, we have to be patient; we have to have hope.

“If there was no bad administration then, you wouldn’t have voted for us. The damage of 16 years cannot be solved easily.

You cannot get water out of dry land. To fetch water out of a rock, you have to endure. Be patient.

Let’s have faith in our leaders.

“We sold APC to you, so please hang on to it. There is nothing more effective that can drive you than hope and belief,” he said.

FG UNVEILS MEASURES TO TURN AROUND ECONOMY, TARGETS 7% GDP GROWTH

SETTING AMBITIOUS ECONOMIC TARGETS FOR LAGOS…

L-R: Lagos State Governor, Mr. Akinwunmi Ambode; Secretary to the State Government, Mr. Tunji Bello; and Chairman, Lagos State Economic Advisory Committee, Mr. Olabode Agusto, at the inauguration of the 12-member Economic Advisory Committee by the governor at the Lagos House, Ikeja… yesterday

OSINBAJO: I’M NOT UNDER PRESSURE TO RESIGN, BUHARI IS HALE AND HEARTY “I am absolutely not under any pressure whatsoever. The truth is that there has been no pressure from any source asking me to resign.”

On the status of the president’s health, which has continued to generate anxiety throughout the country, especially after he extended his vacation in the UK on the advise of his doctors, Osinbajo said: “The president is hale

and hearty, I spoke with the president just this afternoon.

“We had a warm conversation, he was interested in knowing about the budget process and how far we have gone and the meeting today with the private sector and the economic recovery growth plan. I informed him about the protest march and the feedback on what people are saying about the economy. He

is in a good shape.

“Just like he said in his letter to the National Assembly, he needs to go for a cycle of tests and once he sees the test results and gets medical advice, we should expect him very soon.”

On the exact status of Buhari’s health, Osinbajo stressed that only the president could discuss the issue.

“I think that the health

status of Mr. President is an issue that only Mr. President can discuss at the appropriate time. Again he is running tests and all of that.

“Before you are able to determine your health status you must be able to say this is my health status categorically: do the tests my doctors have advised me to do and wait for the outcome of the tests and know my status.”

He assured his audience that the strategies were designed in such a way that they would overcome the bottlenecks that impeded growth in the past.

The minister also pointed out that government would leverage on the private sector, adding that economic recovery and transformative growth cannot be achieved by the government alone.

He said: “Economic recovery and transformative growth cannot be achieved by the government alone.

“It is essential to harness the entrepreneurial nature of Nigerians from the MSMEs to the large domestic and multinational corporations.”

Udoma further listed the principles of the plan to include: “Promoting national cohesion and social inclusion: the ultimate beneficiary of more inclusive growth is the average Nigerian man and woman.

“Allowing markets to function: we recognise the power of markets to drive optimal behaviour among market participants. The plan prioritises the use of markets as a means of resource allocation where possible and supporting a more business friendly economic environment.

“Upholding core values: the economic recovery and growth plan is rooted in the core values that define the Nigerian society and are enshrined in the 1999 Constitution, notably discipline, integrity, dignity of

labour, social justice, religious tolerance, self-reliance and patriotism.”

According to him, the goal is to have an economy with low inflation, a stable exchange rate, and diversified and inclusive growth.

He listed the immediate priorities of the recovery plan as agriculture and food security, energy (power and petroleum), small businesses and industrialisation, and stabilising the macroeconomic environment.

“There will be a major emphasis placed on the implementation, monitoring and evaluation of this plan, and also the establishment of a specially staffed delivery unit to drive the implementation of the NERG plan,” he added.

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TUESDAY, FEBRUARY 7, 2017• T H I S D AY

11

NEWS

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

Fashola: Appointment of AfDB Official as TCN MD Unconnected to $174m Mohammed suspends TCN’s accounts as workers’ unions fight back Fashola may inaugurate NERC board without chairman

Omololu Ogunmade and Chineme Okafor in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola, yesterday said the decision of the federal government to appoint an African Development Bank (AfDB) official, Mr. Usman Gur Mohammed, as the new Managing Director of Transmission Company of Nigeria (TCN) was driven by the need to improve TCN operations.

Fashola, who made this disclosure when he appeared before the Joint National Assembly Committee on Power, also said the appointment had nothing to do with Nigeria’s search for $174 million AfDB loan.

Fashola made the explanation against the backdrop of misconception that the federal government had opted to concede the management of TCN to AfDB as collateral for $174 million loan from the bank.

Against the background of Mohammed’s appointment, the federal government had asked the acting Managing Director of TCN, Mr. Atiku Abubakar, to hand over to Mohammed, a move which sparked protest by workers in the power sector and resulted

in a petition to the National Assembly.

According to Fashola, the appointment of a new Managing Director for the TCN was above his “pay grade to stop the change having received a presidential directive to carry out the change,” describing the move as a matter of employeremployee relationship and “if government does not want to keep an employee there is nothing anybody can do.”

Fashola who added that political appointments are the exclusive preserves of the president, further disclosed that the invitation of Mohammed to manage the TCN was not a foreign appointment but rather the recall of a Nigerian who had been on a continental assignment in AfDB to serve his country.

He further disclosed that the protracted squabble between Manitoba team and the Nigerian team in TCN led to the departure of the former, insisting that the president has the prerogative to decide who heads the agency.

“TCN does not have a managing director. The man on whose behalf a petition was written is not TCN MD,” Fashola added.

But the committee

Chairman, Senator Emyinnaya Abaribe, interrupted the minister, saying the petition was written by the power sector union and not on behalf of anyone.

But Fashola was swift to add that it was mischievous for anybody to suggest that a new appointment was made in the TCN because of AfDB loan.

“There is no MD in the company. What provoked this investigation is the appointment of one person

to manage the company. It is the prerogative of the president to appoint MD because there is vacancy. It has nothing to do with lack of capacity. It has to do with the need to improve. I will not sit down here and say that Manitoba team did add any value. They probably could have added more value. There was a lot of in-fighting between Manitoba team and the Nigerian team.

There were a lot of petitions.

“This appointment has nothing to do with AfDB

loan. We asked for him (Mohammed). The terms and conditions of AfDB loan have been settled. The issue of local content does not arise because we are dealing with a Nigerian who left to go to AfDB. Nobody on the Nigerian side is being asked to go home.

This is simply a political appointment the president made. The president can choose the youngest person in the company to head the company. It is a government company,” Fashola insisted.

Meanwhile, the Secretary to the Government of the Federation (SGF), Mr. Babachir Lawal, finally appeared before the Senate committee on Federal Character yesterday to defend 2017 budget of his agency. The committee had turned back the SGF’s representative last week, insisting that the budget would not be considered until Lawal appeared.

The committee had assumed that the stand-off between

Cont’d on Pg 35

PDP Strategy Committee Report Ready Panel proposes floating of new party Onyebuchi Ezigbo in Abuja The leadership of the Peoples Democratic Party (PDP) will formally receive the final report of its committee on Strategy Review and Inter-Party Affairs tomorrow at a ceremony in Abuja to be attended party stakeholders.

THISDAY gathered that one of the key recommendations of the report is for the opposition party to consider the possibility of aligning with other political groups to float a new party if need be.

It was learnt that the sub-committee on interparty affairs after wideranging consultations and considerations of the crisis rocking the PDP as well the political intrigues building up ahead of the 2019 election, advised that the party should not shut its door to negotiations with allies.

A reliable source told THISDAY yesterday that the committee’s report also contained recommendations on the proposed constitutional amendments, new party funding mechanisms and strategies for wooing back members lost to the ruling

All Progressives Congress (APC).

While setting up the Jerry Gana-led committee, the PDP said it was going to explore the possibility of the party aligning forces with like-minds to actualise victory at the next presidential election.

But the party had said it would not pursue the proposed alliance the same way the APC handled theirs, adding that rather than allow its name to be subsumed under a new party, it would seek to absorb willing political parties and groups so that together they can confront the APC in 2019 elections.

Although Prof. Gana declined to give details of what was being recommended by the committee, he, however, hinted at a recent function that the PDP was desirous of attracting all lovers of democracy across the country in order to help the country move forward.

“But there are details I cannot divulge at the moment because the committee’s recommendations will be passed on to the party leadership. It will not be wise for me to disclose the details before we submit the report,” he said.

WE WANT BETTER GOVERNANCE

Charly Boy (second left), leading the nationwide protest against poor governance and economic policies in Lagos....yesterday SUNDAY ADIGUN

House C’ttee Summons Emefiele over Forex Sale by IOCs Navy: Vessels berth in Lome due to numerous charges

Damilola Oyedele in Abuja The House of Representatives Ad hoc Committee on the Review of Petrol Prices yesterday summoned the Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, over the sale of $1 billion by international oil companies (IOCs) to major importers in 2016.

This is as the Nigerian Navy (NN) said fuel importers berth their vessels in neighboring countries including Lome, Togo because of the numerous charges levied on them by different agencies included in the petroleum pricing template.

Emefiele is expected to explain how the powers of the IOCs, which empower them to act as financial house for the sale of foreign exchange to oil importers, and to the CBN itself.

The Hon. Nnanna Igbokwe (Imo PDP)-led committee issued

the summons following the revelation by the CBN Director of Financial Markets, Mr. Alvan Ikokun, that the IOCs have been selling foreign exchange.

Igbokwe noted that the CBN had implied it was experiencing difficulties in assessing foreign exchange to be able to import the products.

He directed that Emefiele should appear at the next sitting with details of dealers who received forex from January 2015 to date, the banks through which the monies were remitted, criteria used to access the funds, and other relevant documentation.

The Nigerian Navy Director of Marine Services, Commodore A.A Efedue, while speaking at the hearing, said there were vessels at the Lagos harbor, and there have been no reports of any attacks on them.

“I have interacted with

marketers; what I have been told is that security is not the issue, but the numerous charges they are subjected to by the agencies. If security is the issue, why are the vessel, including those with products at Lagos harbour, not attacked?

Why are they (oil importers) the only ones talking about insecurity,” he queried.

Efedue added that there are vessels at Lagos anchorage and offshore, which sometimes have to remain there for weeks while waiting to go into the harbor.

“There are patrol boats, so why can’t they dock there if there is no other thing chasing them from, Lagos waters…I am still talking about charges, if we can look into that,” he added.

Efedue added that the navy clearance, after inspection of relevant documents such as the certificate of quality, is issued free of charge, and therefore

has no effect on the pricing template.

Also, Commodore E.O Bamidele of the navy Marine Services Department, said while there have been instances of piracy in the general area in Bayelsa State and Port Harcourt, there have been no issues in Lagos harbour.

He disclosed that all vessels in the harbour are monitored through their Automated Identification System (AIS) from relevant naval formations.

“It is when they want to perpetuate illegality that they switch off their AIS, and we would see that such vessel has gone off our radar. We direct our boats to approach the general area, and you usually find them doing a ship-to-ship transfer, and this is also the period when they are prone to attack,” he said.

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TUESDAY, FEBRUARY 7, 2017• T H I S D AY

NEWS

NEITI: NDDC Got $1.98bn in Seven Years, Can’t Account for N7.4bn Project Funds Chineme Okafor in Abuja

The Nigeria Extractive Industries Transparency Initiative (NEITI) has said that between 2007 and 2014, a period of seven years, the Niger Delta Development Commission (NDDC) got $1.98 billion and N594 billion remitted to it, but cannot account for how N7.4 billion allocated for grassroots development projects was spent.

Pledging to work with the commission to enthrone transparency and accountability in its operations, NEITI also asked the new board and management of the NDDC to carry out an independent project implementation audit, in addition to committing its operations to good corporate governance and the principles of the global Extractive Industries Transparency Initiative (EITI).

The Executive Secretary of NEITI, Mr. Waziri Adio, in a presentation he made at a retreat of NDDC in Port Harcourt, also suggested to the NDDC to carry out a corruption risk assessment which would enable it develop a framework to strengthen its operations.

A statement from NEITI yesterday in Abuja, stated that Adio was represented at the retreat by its Director of Communications, Dr. Orji Ogbonnaya Orji.

He said the NDDC and NEITI were set up with similar mandates targeted at addressing the syndrome of resource curse, but that over the years, public perception of NDDC was more of an agency with huge revenue resources but with little impact on the lives of the people of the Niger Delta.

He noted that a breakdown of the financial remittances to NDDC showed that it received N594 billion from 2007 to 2011 while $559 million was paid to the commission in 2012.

NEITI said in 2013, the NDDC received $563 million while in 2014, the sum of $865 million was remitted to it.

It added that from its Fiscal Allocation and Statutory Disbursement Audit Report which covered 2007 to 2011, the sum of N7.4 billion allocated to member states of the NDDC for grassroots development projects in the respective states could not be accounted for while 22 of such projects valued at N1.19 billion were duplicated.

The statement said the

Managing Director of the NDDC, Mr. Nsima Ekere, welcomed the emerging partnership between NEITI and the NDDC and pledged

to use the NEITI reports to enthrone accountability and corporate governance in the agency.

Ekere also gave the

assurance that the NDDC under the new board and management would embrace the principles of the EITI to reverse the

resource curse syndrome in the Niger Delta through efficient resource utilisation, corporate governance and project delivery.

APC Chieftain Warns on Danger of Wishing Buhari Dead Onyebuchi Ezigbo in Abuja As concerns mount over the health of President, Muhammadu Buhari, a prominent member of his party, the All Progressives Congress (APC) from Kaduna State, Yusuf Ali, has cautioned against the likely negative consequences of spreading the death rumour.

He said it amounts to callousness and wickedness for anybody to wish a sitting president dead simply because they want to ascend to power in 2019.

In a statement issued in Abuja yesterday, Ali said it is a well-known fact that presidents all over the world are normal human beings, not robots or extra-humans, and as such, are not immune to fall ill.

He said President Buhari, despite his old age, has

worked assiduously to ensure that the country is retrieved from the brinks and returned to the path of sanity, peace, economic recovery and sustainable development.

“Presidents the world over are not robots or extrahumans but ordinary and normal human beings, and no president is immune to falling ill. They fall ill; have attack or any assorted aches or pains. Our duty as citizens is to wish them well or quick recovery as the case may be,” he said.

Ali said President Buhari had fulfilled constitutional requirement as expected of him by writing to the National Assembly to inform them that he was proceeding on vacation and that within that period, he would be undergoing medical check-up.

Allowing death

speculations to fester may be dangerous for the peace and stability of the country, which might spark off crisis.

“But within 12 hours when he left for the United Kingdom, some “politicallyminded” Nigerians took to the social media to spread a dangerous rumour that the president has passed on.

Such is callous and wicked.

Anybody who wishes Buhari out of power should wait for 2019 to test his or her popularity instead of sitting within the comfort of their homes and issue obituary on someone who is hale and hearty but only on vacation and also to check his health.

“There is no doubt that governing Nigeria at this particularly time is quite a herculean task especially after the 16 years of the locust occasioned by the PDP misrule. The president,

despite his old age, has worked assiduously to ensure that the country is retrieved from the brinks and returned to the path of sanity, peace, economic recovery and sustainable development. Indeed Buhari is laying the foundation for a new Nigeria.

“It is evident that corruption is fighting back on all fronts but a courageous and ever focused leader like Buhari cannot be deterred by evil whispers as he is more committed to leap-frog Nigeria to a high pedestal and deliver her from the bondage of self-infatuated cabal who are determined to ruin the effort of this administration.

“I therefore urge the entire country to remain patient and law abiding and continue to pray for our dear president instead of wishing him dead which may metamorphosed into another crisis entirely,” he added.

T H I S D AY TUESDAY FEBRUARY 7, 2017

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T H I S D AY TUESDAY, FEBRUARY 7, 2017

COMMENT

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

WHY THE MILITARY MUST SPARE NOBODY

I

Anyone found to be aiding the Boko Haram insurgents should face the wrath of the law, writes Kashim Shettima

n recent days and weeks, we have come under renewed attacks which horribly remind us, that our security challenges are still longing. It is regrettable that this upsurge in cowardly suicide attacks came not long after the patriotic military forces of this country recaptured Sambisa Forest which used to be the operational zone of the Boko Haram terrorists. It was from Sambisa that these mass murderers used to train, prepare and launch bold attacks on our communities.

Our gallant military and other security agencies have now denied them the use of their former high command.

However, we must remind ourselves that the recapture of Sambisa Forest and the flushing out of the terrorists from most of their former enclaves does not mean that our struggle is over.

Instead, the terrorists have resorted in their usual cowardly fashion, to stepping up attacks on soft targets. Cowardly and vile attacks such as these on schools, places of worship, markets and other soft targets are signs of the terrorists’ weakness and of their desperation to tell their terror co-travellers around the world, that they are not yet finished.

In this criminal endeavour, they resort to the use of teenagers and children as young as seven years. More recently, they even strap babies on the back of their recruits in order to slip through our security dragnets.

They also use hard drugs on these innocent children who do not know what they are doing when they kill their own parents, relations, and fellow countrymen and women. Many precious lives have been lost, hundreds of citizens including school girls were abducted; many more people have suffered serious injuries as a result of these senseless acts of bloodthirsty enemies of peace.

I once again extend my deepest condolence to the families of all those who have lost loved ones or suffered injuries due to these cowardly attacks. We pray to Almighty God for the repose of the souls of those who lost their lives and for the quick recovery of those who suffered injuries.

In the midst of our pain in these trying times, we must acknowledge the support of international and local humanitarian agencies, development partners and credible NGOs for standing by the good people of Borno State through thick and thin.

Even though we are all saddened by episodes of attacks, I assure you that I serve with a constant reminder that the number one basis of government is the protection of innocent lives and property. I know the weight of my duties and the oath I took before you and God. With your mandate, I have the privilege of first hand security reports and I can share with you, that for every vile attack that the terrorists were able to carry out on innocent lives, many more were stopped by our gallant security agencies, our civilian JTF, vigilantes and hunters. As we know, the intention of terrorists is to demoralise us, make us to live in

THE GOVERNMENT OF BORNO STATE WILL CONTINUE TO PROVIDE THE NECESSARY SUPPORT TO OUR GALLANT MILITARY AND SECURITY AGENCIES AND VOLUNTEERS IN THEIR PATRIOTIC EFFORT TO RESTORE PEACE AND SECURITY IN OUR ANCESTRAL LAND

fear and prevent us from going about our normal lives and worshipping our God in ways that differ from their ungodly violence.

We will not allow them succeed in their wish to make us live in the permanent slavery of fear. In fact, they have failed in their mission because together, we have said no to them.

And in saying NO, we must not let them cause us any more harm.

The government of Borno State will continue to provide the necessary support to our gallant military and security agencies and volunteers in their patriotic effort to restore peace and security in our ancestral land. We will continue to take preventive measures by working with community leaders across ethnic and religious divides in all our 27 local government areas to increase community policing. We all have roles to play.

I know that majority of you, the good people of Borno State, have remained sincerely committed to fighting this insurgency.

I have met parents who exposed their insurgent biological children and handed them over to security forces to face justice.

I know that insurgents and their allies often hide their identity so well that good citizens may innocently associate with them.

But the bold patriotism of parents who turn in their children has always strengthened our resolve. This is why I strongly say to security agencies, that anyone factually suspected of despicable links with the Boko Haram and other criminals should face justice even if that person happens to be one of my three biological children.

Support for insurgents is a crime against humanity.

I have met parents who encouraged their children to join the Civilian JTF and risk their lives to fight insurgents.

I have even met parents who remained contended and proud even after their sons died fighting under the Civilian JTF. I have seen elderly men and young girls organise themselves to join the fight as vigilantes and the Civilian JTF. I know the sacrifices many citizens have made and it is because of your devotion that I am urging all the people of Borno State to rise up as one and increase our community vigilance, especially around soft targets. We must remobilise ourselves and step up vigilance and community policing around all our population and community centres like mosques, churches, markets, schools, hospitals, shopping complexes, football fields, social gatherings and motor parks.

We must watch out for strange and suspicious faces, not for the purpose of taking the law into our hands but for reporting these suspicious persons to the nearest security agents for prompt action.

I urge you, the good people of Borno State, not to despair but to rise as one and stand up to this murderous gasp of a dying insurgency.

I believe God is with the non-violent.

Excerpts from a speech delivered by Shettima, Governor of Borno State, recently in Maiduguri

RIVERS STATE MIRACLE WORKER

A

fter the 2015 elections, discerning political observers knew that the newly elected governor of Rivers State, Nyesom Wike, would face a turbulent time in office particularly with the victory of the then opposition party, the All Progressives Congress (APC), at the centre.

And the reason was obvious. Rivers, one of the country’s highest oil producing states, was and still remains strategic and the APC wanted it at all costs.

Even when it fell in the column of the vanquished Peoples Democratic Party (PDP), the new ruling party was not about to give up.

The stakes were too high but the PDP had a formidable candidate in the person of Nyesom Wike, a bright lawyer and administrator, who holds degrees in political and administrative studies as well as law and a two-time elected chairman of the highly strategic Obio/Akpor local government.

As local government chairman, Wike was elected by his peers to serve as deputy president of the influential Association of Local Governments of Nigeria (ALGON) in 2004 and later president.

When Rotimi Amaechi was elected governor in 2007, Wike came on board as the Chief of Staff, Government House, and was later appointed Director-General of Amaechi’s re-election campaign organisation and in 2011, he became Minister of State for Education, and Supervising Minister of Education on September 12, 2013.

Yet, despite this very rich political resume, many saw the battle for the soul of Rivers State as the Biblical war of Goliath and David where Amaechi who controlled the state’s purse was the Goliath while Wike, the underdog, was the David. It is, therefore, a measure of the trust the people reposed in him that the David in the battle trumped the Goliath.

Twenty-one months after, Rivers people have every reason to congratulate themselves and feel proud that they made the right choice. Despite all the distractions, Wike has brought smiles to the

Ogbonna Onuoha lauds Nyesom Wike for his remarkable achievements in office people’s faces.

He is leaving indelible marks in the areas of infrastructure development, security, agriculture and rural development, among others as he turns the entire state into a huge construction site, radically transforming hitherto impassible roads in Port Harcourt and other cities, most especially those critical to its socio-economic development.

For instance, those who knew the Industry Road before May 29, 2015, would marvel at what it is now.

But most spectacular is the road leading to Eagles Island, a project abandoned by successive governments, which has become a tourist delight.

On assumption of office, Wike launched what he called “Operation Zero Potholes” to alleviate the sufferings of the people and expressed his commitment to rehabilitating, completing and constructing new roads in order to open up the state to new frontiers.

And so far, Wike has spent well over N150 billion on construction of new roads, rehabilitation and reconstruction of old ones, bridges and jetties and renovation of schools, hospitals and other rural projects. Today, more than 80 roads, including the Rumuagholu Road, Rumuosi-Ozuoba Road, Bishop Okoye Road, Alakahia-Rumualogu Road, Odili Road, Egbelu-Ogbogoro Road, Wimpy-Iwofe Road, Eneka Road, among others, have either been rehabilitated, reconstructed or constructed, while work is ongoing on the construction of about 35 new ones. An important point to note here is the governor’s penchant for de-politicising these projects unlike in the recent past when communities that disagreed with the powers-that-be even on principle were denied government patronage. The projects are spread across the three senatorial districts of the state. Not only that, the governor has also refrained from sacrificing the quality of the jobs on the altar of political patronage by ensuring that the designing, construction and supervision of all the roads are handled by reputable professionals and construction companies.

In the area of security, Wike has also brought

to bear courage, determination and ingenuity, to the extent that he set up an amnesty programme, wherein armed militants and cult members were urged to surrender their arms. He has also supported security agencies with funds, vehicles and equipment, in a bid to secure the state. In fact, he was the first governor in this dispensation to give 100 security vehicles to the police on assumption of office.

The result has been phenomenal. Rivers State which some people hitherto labelled the “crime capital” of Nigeria has become, literally, the country’s “conference centre.”

1n 2016 alone, due to the renewed confidence in the state’s security status, pre-eminent organisations such as the Nigerian Bar Association (NBA), the Nigerian Guild of Editors (NGE), the Nigerian Institute of Architects (NIA), Rotary International, among others, held their annual conferences in the state.

Today, Rivers remains one of the few states that are not owing civil servants and pensioners. And what continues to confound many is the fact that these phenomenal achievements are being recorded when the country is facing its worst economic crisis with the money accruing to the states from the Federation Account drastically diminished.

But as the saying goes, when the going gets tough, the men are separated from the boys. In the mist of the damning economic crisis, Wike has proved his mettle by being a good manager of men and resources. While states are sitting on their palms looking up to the federal government for help, Wike being the administrative genius that he is only looked inwards for help. Again, the result is outstanding. In less than one year in office, he doubled the state’s monthly internally generated revenue (IGR) from N4 billion to N9 billion.

And like the famed gold fish that has no hiding place, his achievements have not only called him out but left colleague governors in awe.

Last year, chairman of the Nigerian Governors

Forum (NGF), Abdulaziz Yari, the APC governor of Zamfara State, commended Wike for transforming Rivers despite the economic crisis.

“It is quite commendable that Wike has managed to come up with some programmes for the betterment of Rivers people. This is in spite of the fact that we are having a serious economic crisis in our hands, which we are trying to manage,” Yari said during a visit to Government House, Port Harcourt.

Before Yari, the Nigerian Guild of Editors (NGE), which held its 2016 All Nigerian Editors Conference (ANEC) in Port Harcourt, had echoed the same sentiment. In their communiqué at the end of the conference in August, the NGE stated unequivocally that, “Based on careful observation of the state of affairs in Rivers State, the Guild commended the government and people of the state for the level of security and infrastructural development as well as for the steps being taken to promote agriculture in the state.”

When the Senate Minority Leader and former governor of Akwa Ibom State, Senator Godswill Akpabio, visited Port Harcourt, he was also awed.

“I am here to commend Governor Wike for his giant strides across the state. He is a shining light of infrastructural development. I urge him to keep developing Rivers State. He has defiled economic downturn to improve the living condition of his people,” Akpabio said.

But Wike is not like the proverbial prophet that has no honour at home. Even his people appreciate his contributions to the socio-economic development of the state. Impressed by the remarkable developments across the state, the Rivers Elders Consultative Council, recently through a statement signed by its Executive Secretary, Chief Granville Abiye Georgewill, described him as “a leader with an uncommon vision and determination to make a difference in leadership and restore the confidence of Rivers people in government.”

Onuoha, a lawyer and public affairs analyst, wrote from Port Harcourt

T H I S D AY • ue

ay,february 7,

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7

EDITORIAL AMBODE AND RIGHTS OF THE POOR

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Lagos breaches its own law by forcibly ejecting residents of some waterfront communities

otwithstanding a court injunction which restrained it from carrying out forcible ejection of the residents of some waterfront communities, the Lagos State Government in November last year evicted no fewer than 30,000 residents of Otodo Gbame.

Others in settlements along the creeks are also at risk of forced evictions. We consider it rather unfortunate that thousands of families would be so cynically rendered homeless without any consideration for the social consequences of such an action.

Besides, the demolition cannot be justified under the Lagos State Urban and Regional and Development Law which allows owners/occupiers of houses marked for demolition to lodge complaints with the regional agency and if dissatisfied with its decision, to appeal to the Appeals Committee in the Ministry of Physical Planning. The law also allows an aggrieved person to further approach the High Court for redress. But in carrying out the demotion in question, the Lagos State Government delibIN CARRYING OUT THE erately breached its DEMOTION, THE LAGOS own law by refusing STATE GOVERNMENT to hear and determine BREACHED ITS OWN LAW the complaints of the

BY REFUSING TO HEAR owners/occupiers of AND DETERMINE THE the demolished buildings. Such brazen COMPLAINTS OF THE disregard for the rights OWNERS/OCCUPIERS of law abiding citizens OF THE DEMOLISHED is not acceptable.

BUILDINGS In its ruling last week, the Lagos High Court said rightly that ejecting the residents of waterfront communities without adequate notice or provision of alternative shelter amounts to cruel, inhuman and degrading treatment in violation of section 34 of the Nigerian Constitution.

However, given its disposition to the rights of the poor, there are indications that the Lagos State Government may ignore the court orders and go ahead with the

Letters to the Editor

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forced evictions without making any provisions for the residents whose rights are being violated.

Hon. Justice Onigbanjo, who ordered the parties to explore settlement through court-ordered mediation and report back within one month, stated without any ambiguity: “The eviction/threat of forcible eviction of any citizen from his home at short notice and without any immediate alternative accommodation or sufficient opportunity to arrange for such alternative accommodation before being evicted from his current abode [is] totally undignifying and certainly inhuman, cruel and degrading”.

T T H I S DAY

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he eviction, brutally carried out by the police in connivance with some land-owning Lagos families was said to have claimed the lives of four residents. “It has been brought to my attention that the evictions may have involved the extreme use of force and fire by the Nigerian Police Force and Lagos State Government, leaving individuals and families scrambling in the middle of the night to find safety and shelter,” said the United Nations Special Rapporteur on the right to housing, Ms Leilani Farha who demanded from the Nigerian government information on the evictions, the methods used and their compliance with international human rights law.

Available reports indicate that about 70 informal settlements across Lagos, at least 40 waterfront communities and an estimated 300,000 persons may be affected if the Lagos State Government proceeds with the threat to forcibly eject them without providing alternative abodes. Yet, there is no justification for these despicable acts of violence and intimidation against ordinary law abiding citizens. Indeed, there are clear constitutional provisions that entrench the rights of such people to their dignity.

We commend the Amnesty International, Justice and Empowerment Initiatives, and the Nigerian Slum/ Informal Settlement Federation that have taken up the case for the rights of the displaced waterfront residents.

Against the background that Nigeria is a signatory to the African Charter on Human and People’s Rights

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.

AMOSUN AND THE NEGLECTED PARTS OF OGUN STATE

ommunication remains a key component of sustainable development because it leads to effective collaborative efforts on issues that borders on development and it provides succour to aggrieved parties or help avert chaotic situation.

Government as an institution performs better when the communication bond between the governed and the government remains cordial and the residents carried along about government’s programmes, plans and policies.

For quite a while now, the electronic, print and the social media had beamed their searchlights on some parts of Ogun State specifically, Magboro, Mowe, Ibafo and host of other adjourning communities within Obafemi Owode Local Government Area of the state because of the myriads of basic amenities these communities are lacking and the neglect of thousands of inhabitants of these communities. The most disheartening is the quietness and perhaps the unwitting disposition of the Governor of the State, Mr. Ibikunle Amosun to the plight of these hapless residents.

Contrary to his quietness which has given room to all kinds of derogatory remarks, one would have expected the governor to identify with the masses of these communities, show concern to their grievances and swing into action by making government presence visible in terms of infrastructure development.

Everything that could be attributed to government presence from roads, power supply, hospitals, schools, security, water, among others, are relatively not available. Some months ago, residents of these affected areas protested 10 years of total darkness and unavailability of other basic social amenities. To

think this could happen in a 21st century Nigeria! The situation of these communities has become so bad that some house owners have deserted their apartments to sojourn as tenants in a single room apartment elsewhere where things are relatively better. The adverse effects are just too numerous to mention; should one talk of the effect on child’s development in such an environment, the psychological trauma, economic disorder, loss of man- hour and many more.

It was reliably gathered Governor Amosun once promised to uplift the infrastructural status of some of these communities while campaigning for re-election. In Magboro, especially, the governor reportedly promised to make the construction of the community’s main road a topmost priority. As things stand now, the second year of the Governor’s second term is running out and nothing has happened in Magboro and other similar communities in the state.

Residents of these communities are no longer pacified by promises from the government to upgrade infrastructure as it has become outdated.

Statistics have been shown on how the Ogun State Government could leverage on these emerging border communities to increase its internally generated revenue (IGR). But for this to become really visible, the Ogun State Government must develop infrastructure in this area. It has been argued severally that the proximity of these communities to Lagos State is enough reason for the state governor to pay sufficient attention to infrastructure development of the axis. It only takes a visionary leader to envision and catch a glimpse of what the future of the area holds.

It is a valid argument for any governor or political office

holder to say that the resources within his disposal cannot accommodate all the needs of its citizens at the same time.

While it is almost becoming conventional that political office holders would make promises to paint the sky purple when vying for political offices and shift focus to something else upon assumption of office, it still does not make it the right thing to do, it is an astute discredit to the integrity of such an individual.

Most political office holders, especially after securing the mandates of the electorate, would go on a long recess and drastically reduce the pace with which they embark on projects during their first tenure with their second tenure is usually filled with frivolities. This scenario during electioneering period often threatens a seamless transition from the incumbent to the successor under the same political party that supposedly failed the populace.

While the pitiable situation of residents of the Mowe-Ibafo axis attracted the concern of the high and mighty including the House of Representatives after a member from Ogun State, Mr. Mukaila Olayiwola-Kazzim, complained that none of the power contracts awarded in the affected communities had been completed, the Ogun State Governor is yet to make a public statement on the myriads of challenges facing this axis.

The efforts of various media houses that had continually brought this anomalous situation to the fore would not go unrecognised; this to me is the essence of the media and not sycophancy or praise singing. It is hoped that the ceaseless exposure of this anomalous would yield the expected result soon.

Ayo Afuwape, Magboro, Ogun State

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T H I S D AY • TUESDAY, FEBRUARY 7, 2017

POLITICS

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

EXECUTIVE BRIEFING

Kashamu’s Endless Extradition Battle

While the planned extradition of Senator Buruji Kashamu to the United States to face trial for an alleged drug-related crime has become a recurring decimal, Davidson Iriekpenwonders why the National Drug Laws Enforcement Agency which went to the United Kingdom in 2002 to testify in his favour is suddenly capitulating

J

ust when Buruji Kashamu, the senator representing Ogun East senatorial district was beginning to think that respite had come his way over his planned extradition to the United States for trial on alleged drug-related crime, the National Drug Laws Enforcement Agency (NDLEA) last week revealed that plans were ongoing to push his arrest. The agency had predicated its decision on the latest ruling of a US court, which ruled that the senator must face trial on drug-related charges.

It stated that it would ensure that the orders stopping the arrest of the senator were vacated in a bid to pave the way for his extradition, noting that it would not undermine the extradition agreement that Nigeria had with the US with respect to the case involving Kashamu.

Trouble started for Kashamu, a businessman, when he maneuvered his way to become a prominent figure in the PDP and soon hijacked the party structure from those he met there, starting with Ogun State, from where he moved to the South-west geo-political zone.

This did not go down well with former President Olusegun Obasanjo, who promptly wrote an 18-page letter to the then President Goodluck Jonathan in December 2013. Obasanjo, in his letter, rejected Kashamu as the leader of the PDP in zone, alleging that he (Kashamu) is wanted in the US for drug-related offences.

However, Kashamu denied the allegation, saying Obasanjo was not happy that he was chosen as the PDP leader in the South-west.

Since then, the senator has remained embattled, constantly sleeping with one of his eyes opened.

He later contested and won election to represent Ogun East in the Senate. This even infuriated those who wanted him extradited to the US the more.

A few months to his inauguration as senator, Kashamu, still afraid that he could be abducted, filed a suit before a Federal High Court in Lagos accusing Obasanjo of working in concert with others to mastermind his arrest during his swearing-in. He alleged in the suit that the former president had concluded plans for him to be transported to the US in a private plane to face trial.

Kashamu stated that Obasanjo was desperate to deny him the opportunity of enjoying the mandate freely given to him to represent the people of Ogun East in the Senate. In his fundamental human rights enforcement suit against the Chairman, National Drug Laws Enforcement Agency (NDLEA) and 11 others, he prayed the court for an order to stop the alleged plot to extradite him to the US. He also asked for a declaration of the court that the move to abduct and forcibly transport him to the US amounted to a violation of his right to liberty, freedom of association and freedom of movement as protected by Sections 35, 40 and 41 of the Constitution.

While the suit was pending, the NDLEA in May 2015 attempted to arrest him. Kashamu again, sued the NDLEA, Attorney-General of the Federation and others before Justice Abang, seeking to restrain them from arresting and extraditing him. The judge heard the case on May 8, 2015, during which the NDLEA, AGF and other defendants denied making any move to arrest him and urged Justice Abang to dismiss the suit for being speculative and showing no reasonable cause of action.

After hearing the case on May 8, Justice Abang reserved his judgment till May 27, 2015.

But between May 23 and 25, 2015, operatives of the NDLEA laid siege at Kashamu’s house in Lekki, Lagos, wanting to arrest him, for

Kashamu...now that the battle is finally here

the purpose of extraditing him. He, however, locked himself in and refused to turn himself over for arrest.

The senator later commenced contempt proceedings against the NDLEA, AGF and others before Justice Buba, alleging that the move to arrest him would be prejudicial to Justice Abang’s judgment, which was reserved for May 27, 2015. Justice Buba agreed with Kashamu’s lawyer, Dr. Alex Izinyon (SAN), and ordered the NDLEA operatives to vacate Kashamu’s house.

Justice Abang later delivered his judgment on May 27, 2015, barring the NDLEA, AGF

On many occasions, he has produced records to show that even the NDLEA, which is now turning around to pursue his extradition, once went to the United Kingdom in 2002 to testify in his favour of Kashamu. He said even in 2013, the agency deposed to an affidavit that Buruji was not the same Kashamu that was indicted by a US court. So what has changed? Why is the same agency making a U-turn?

and others from arresting and extraditing Kashamu. The judgment was later affirmed on June 8, 2015 by Justice Buba, who held that Kashamu could not be extradited unless Justice Okon Abang’s judgment was set aside by the Court of Appeal.

To the surprise of everybody, in his last few days in office, precisely on May 28, 2015, the then Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN) initiated an action marked No. FHC/ABJ/ CS/479/2015, before Justice Gabriel Kolawole of the Federal High Court in Abuja and sought a warrant for Kashamu’s arrest. His action, according to him, was based on an affidavit deposed to by Assistant US Attorney for the Northern District of Illinois, Diane MacArthur, attached to the extradition request from the US government, dated April 27, 2015.

But in his judgment on July 1, 2015, Justice Kolawole said he was unable to grant the AGF’s request because of the two earlier judgments of Justices Abang and Buba, which had barred the federal government from extraditing Kashamu.

He said: “In conclusion, I am unable to exercise my jurisdiction pursuant to sections 6, 7 and 8 of the Extradition Act Cap E25 to accede to the application to issue a warrant to effect the arrest of the respondent for the reason, which I have analysed in this ruling, because the orders made by Justices Abang and Buba of the Federal High Court, sitting in the Lagos Judicial Division, have not been appealed against by the applicant or have been set aside by the appellate court.”

While all these were going on, Kashamu has consistently maintained his innocence, accusing his political foes for his travails. He also accused them of twisting the ruling of the US court over his extradition trial. The senator said the case brought against him by the US government had been laid to rest by two British courts 14 years ago, and three Nigerian courts in 2015, all of which he said were not appealed.

He added that all the US could do was to “abduct” him, claiming that no extradition

proceedings could be lawfully commenced against him. He claimed that he was mistaken for his younger brother, Adewale Kashamu, and was 14 years ago erroneously prosecuted by the US government in two English courts before he was exonerated.

On many occasions, he has produced records to show that even the NDLEA, which is now turning around to pursue his extradition, once went to the United Kingdom in 2002 to testify in his favour of Kashamu. He said even in 2013, the agency deposed to an affidavit that Buruji was not the same Kashamu that was indicted by a US court. So what has changed?

Why is the same agency making a U-turn?

Tracing the genesis of the saga, Kashamu said while on a business trip to the UK in 1998, he was arrested at City Airport in London and detained, pursuant to an arrest warrant issued on the basis of an indictment in the US in which the name Alaji had been introduced as a party to an alleged offence of importation of narcotics. He denied ever visiting or residing in the US, as well as being involved in any business not to talk of a criminal activity whatsoever in the US. Kashanu disclosed that his lawyers discovered some exculpatory evidence, which the US government had concealed from the courts in the extradition proceedings. The evidence, he said, was the outcome of a photo identification parade for the purpose of identifying the Alaji held in the US Attorney’s office.

“They had taken a mug shot of me and placed it with seven other photographs of black males who had facial hair that was similar to mine and were about my age too. After viewing the photo line-up, Fillmore, one of the accused, said the third photograph in the line-up looked like a bad photograph of the man they were looking for.

“He also declared that the second, fourth, sixth, seventh and eighth photographs did not at all look like the said Alaji. My mug shot was the seventh in the line-up. That was one of the photographs that Fillmore said did not at all look like the wanted kingpin.

So, my lawyers immediately commenced a Habeas Corpus (a recourse in law whereby a person can report an unlawful detention or imprisonment before a court) application in the High Court of Justice, Queens Bench Division, for my release and the vacation of the committal order made by the Court. The English High Court in its judgment delivered on October 6, 2000, agreed that the order for my committal was null and void, having been the product of unfair proceedings in which the US government had suppressed exculpatory evidence,” he said.

Kashamu said the US authorities did not appeal the decision but re-arrested him and commenced a second extradition proceeding at the Bow Street Magistrate Court in England before District Judge Tim Workman.

He said the US authorities produced several documents to refute the position that it was a case of mistaken identity and the person sought was his brother, Adewale Kashamu, including documents from the NDLEA which sought to establish that my brother Adewale had died in the 1980s.

Penultimate week, he issued another statement titled: ‘US court ruling: I have no case to answer,’ claiming that he has never been to US in his life. He said he was not the offender wanted in the US, but his younger brother, Adewale Kashamu, who is now late.

CONTINUED ON NEXT PAGE

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T H I S D AY • TUESDAY, FEBRUARY 7, 2017

PERSPECTIVE

The Travails of Apostle Suleman II Without instigating violence by any means possible, Christians must continue to defend themselves and their homes against aggressors, writes Femi Fani-Kayode

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resident Donald J. Trump summed it up rather well, when he said in reference to the Islamist terrorists and those that derive joy from committing genocide against Christians that “they are sneaky dirty rats. They blow up people in shopping centres and they blow up people in a church”. He went on to say “We are fighting sneaky rats right now that are sick and demented. And we are going to win.”

Finally, he said “the execution of Christians is no longer acceptable”.

How right President Trump is. I thank God for his life every day. With him as leader of the free world, win we shall. Yet, sadly, our Vice-President, Professor Yemi Osinbajo, who is undoubtedly a fine gentleman and who is a practising Pentecostal Christian, appears to be helpless and has done absolutely nothing to help and protect his own from the “sneaky dirty rats”.

Clearly, he has no power and he does not have the disposition or the political will and clout to take a stand against this great evil.

The persecution and killings of Christians just goes on and on even when we have a man that is a Christian as our Acting President.

Yet, consider what happens when Christian leaders complain and speak out against the mass murder, the genocide and the insidious attempt to wipe away our faith from the face of the earth.

When our Christian clerics and political leaders rise up and call on Christians to defend themselves and their families where and when the state refuses or is unable to defend them against the practitioners of radical Islamic terror and the barbaric and cruel Fulani Janjaweed militias, our government starts storming their homes, locking them up and inviting them for questioning.

Government is arresting, questioning, detaining and harassing those that are being subjected to ethnic cleansing and genocide on a daily basis and they are turning a blind eye to those that are inciting and doing the

To the last man and woman, we will continue to call on our people and our brothers and sisters in Christ to defend themselves, their homes and their loved ones wherever and whenever they are attacked by those that hate and seek to wipe out our faith, where the government of the day refuses or fails in its constitutional duty to defend and protect us

Suleman....in national interest

killing! I say shame on them. And let this be made abundantly clear: no one is intimidated or scared of arrest or even death because eventually death must come to us all. There are at least 100 million Christians in Nigeria today and they all cannot be killed or locked up.

To the last man and woman, we will continue to call on our people and our brothers and sisters in Christ to defend themselves, their homes and their loved ones wherever and whenever they are attacked by those that hate and seek to wipe out our faith, where the government of the day refuses or fails in its constitutional duty to defend and protect us.

The Christians of Nigeria will no longer behave like lambs that are silently being led to the slaughter. We will no longer be killed without a fight. Our God and our constitution requires of us to protect our own and fight back when we are attacked and that is precisely what we will do.

The great American patriot and one of the principal players in the war of independence against British colonial rule, Thomas Jefferson said, “When injustice becomes a law, resistance becomes a duty.” The leaders and the people of Nigeria need to learn from these profound words and take a cue from them. Nobody likes violence and no one wants a religious war.

Peace and peaceful co-existence has always been our preference and has always been the Christian way.

However, it must be clearly understood that if the radical Muslims in our midst insist on waging a bloody Jihad against us, we will not sit by idly but defend ourselves.

Everyone must be clear on this. It would be a case of mutually assured destruction.

That is why the violence and the genocide that the Fulani militants are indulging in and perpetrating all over the north against Christians must stop.

That is why they must be arrested, prosecuted and hanged for their crimes against humanity. His Grace, Prelate Sunday Ola Makinde of the Methodist Church got it right, when he said “He should be law-abiding, let him go and face the DSS. Let us see if they will detain him and they will detain so many religious leaders in Abuja. Nigeria is greater than any religion and Nigeria is greater than anybody.

“The DSS should watch it. If they like, let me be the next victim. What is annoying them is that Suleman converted from Islam to Christianity. Self-defence is permissible.

They slapped our first cheek; they slapped the second cheek and we have no other cheek to turn for them. We may therefore resort to

self-defence because this thing is becoming intolerable.”

The Prelate has spoken the mind of every right-thinking Christian in the country. Whatever happens to us as individuals does not matter.

The only thing that matters is the defence of our people and our Church and the survival of our faith.

Apostle Paul tells us in the Holy Bible that “to live is Christ and to die is gain”.

Consequently, we do not fear what any man, any government or any cruel despot and tyrant can do to us. Rather, we count it all as joy. When we are absent in the body, we are present with the Lord. As they say, Christians don’t die; they only change address.

The gospel of our Lord Jesus Christ was spread by the blood of the martys and the suffering and sacrifice of the saints. The history of the Christian faith and the Church over the last 2000 years since the coming of our Lord and Saviour, Jesus Christ is replete with examples of such suffering and sacrifice.

The matter is simple and clear: the more Christians you torment, persecute, lock up and kill, the more the glorious gospel of our Lord and master will flourish and grow. It is a deep and inexplicable mystery but it is very real. You cannot kill Christianity. You cannot shake our faith. You cannot stop the spreading of the gospel. You cannot deny us our rights. You cannot overwhelm us. You cannot intimidate us and you cannot defeat the God that we serve. And, like Pharaoh, some may ask “who is that God?” He is the Lion of the Tribe of Judah, the Blood of the Sprinkling, the Holy One of Israel and the I Am That I Am. He is the Lily of the Valley, the Rose of Sharon, the Lamb of God, the Lord of Life, the El Shaddai, the Elohim, the Adonai and the Ancient of Days.

He is the God of Abraham, Isaac and Jacob and the God of Gideon, Jeptha and Samson.

He is the God of Moses, Joshua and David and the God of Daniel, Shedrack, Mishak and Abendego.

He is the solid Rock and foundation on which Peter built the Church. He is the husband of the widow and the father of the fatherless.

He is the Comforter, whose Holy Spirit comes like a small white dove and who roars and burns like an all-consuming fire. He is the Man of War, the Prince of Peace, the Creator of the Universe and the Lord of Hosts.

He is the God of the Armies of Israel, the Alpha and the Omega, the beginning and the end and the giver and taker of life. He is the God of all flesh. He holds the universe together by the power of His word – none can stand against Him and creation bows before Him. Not even one hundred million inciting words from anyone can change that.

For the Christians of Nigeria, despite all that we see, we must always remember that He is with us and in the end He will make all things beautiful. We must shed our fears and, if nothing else, we must always remember that “to live is Christ and to die is gain!”

May the Lord deliver His people from the rising tide of evil in our country and may He strike down those that delight in shedding the blood of His children and in crushing the bones of His servants. Shalom.

-Fani-Kayode is a former Minister of Aviation

KASHAMU’S ENDLESS EXTRADITION BATTLE According to him, “My brother was living in Chicago, I sent him to school. He’s very well educated. He was the one having girlfriends there; he was the one who caused a lot of problems. Even when I was in London, they still traced almost $2million into his bank account while I was in prison. They still continued doing the transaction. If you go through the last British judgment, it is there.

“The Interpol people were the ones who went to the bank and got all the information, and carried all the documents, they came

to London and gave evidence in court. The Beninoise Interpol produced evidence showing that the Benin telephone number, through which the US offenders communicated with their West African collaborators, belonged to my brother, Adewale Kashamu, and not me, Buruji Kashamu.

“When they were looking for him, the NDLEA people went to his house here; they searched his house. They went to his car company, they sealed his car company and they took over 30 vehicles from there. He

ran away. He was using the office of Remi Adiukwu Oluwalogbon on Allen Avenue.

For three good years, he did not pay Remi Adiukwu. The NDLEA people sealed the car company and they confirmed this in one of their letters.”

His explanations justified why many are wondering if the NDLEA actually went to London to testify in favour of Kashamu, why it has not maintained that position and what went gone. They equally wondered why it has refused to exhaust all the legal options

before thinking of extraditing the senator rather than resorting to illegality.

“Since Kasahamu has defeated them at the High Court, they should appeal. If they succeed at the Court of Appeal, I know Kashamu will definitely appeal to the Supreme Court. If the Supreme Court says he should to US, then they can extradite him. For now, whatever they are planning to do is illegal. Even in the US, there is a process for extradition, which must be exhausted in court,” says Samson Adeyemi, a lawyer.

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TUESDAY, FEBRUARY 7, 2017 • T H I S D AY

FEATURES

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

A New Look for Tinubu Square The upgrade of Tinubu Square by the Lagos State Government takes the state a step closer to the realisation of the present administration's goal of making the state a tourist destination in Africa, Peace Obi reports

Creatively-sculptured eagle wings of different sizes at the upgraded Tinubu Square

T

inubu Square among other historical sites in Lagos State has in the past witnessed changes in its name or structure. Originally known as Ita Tinubu, was later renamed Independence Square and lastly, Tinubu Square. The latest upgrade by the Lagos State Government on both the structure and infrastructural facilities in the square has left it with an international look and capable of competing favourably with the likes of Tyler Davidson Fountain in Ohio, America.

Located in the heart of the state’s busiest business district, the Tinubu Square is surrounded by beautiful high risings, housing corporate organisations, entrepreneurs in different lines of businesses. Standing conspicuously on Broad Street, at what can be described as centre point of the Island, the Tinubu Square serves as the major entrance to the popular Idumota Market, Macy Children Hospital, CMS Bookshop, Marina Street – the home of most Nigerian banks and other corporate organistions, among others. The open space landmark which is located in Broad Street, Lagos Island, has always occupied a significant place in the history of Lagos State. Named in memory of Madam Efunroye Tinubu, a business magnet, who among her exploits in business and politics fought against European slave traders, now wears a new look.

The Tinubu Square, previously iron-fenced with just two flowing fountains, life –size statue of Madam Tinubu, flowers and tropical trees, in its present upgraded state wears an irresistible look. Freed from the grip of beggars, hawkers, roadside traders and motorists, now in addition to the iron-fence is barricaded with neatly-painted white iron bars to prevent easy access to vandals. And standing tall in the square are cenotaphs

with different historical figures mounted on them with brief information on each, such as the Kokoro the Blind Drummer and the dancer. Among the interesting sites are the beautifully designed Zebra water fountain standing in front of a cenotaph-like fountain, with creatively-sculptured eagle wings of different sizes mounted on it.

As though paying homage to the king of birds, though inanimate, birds of all sizes were sighted perching and resting on the broad wings. And with a 24-hour power

As we all know, this magnificent monument was erected in memory of a valiant woman, Madam Efunroye Tinubu, the first Iyalode of Egbaland and one of the greatest merchants of colonial Lagos. It is a celebration of her exploits in the business world and contribution to the foremost status to which our state has attained in the world of commerce

supply, the night view of the square adds colour to the beautiful sight and making it even more appealing.

This reporter who visited the Tinubu Square recently observed that Lagosians do not only love the sight, but that many could not resist the urge to stop and catch a glimpse of the Square. The Lagos State Governor, Mr. Akinwunmi Ambode who in his campaign promises had hinted that tourism would be given prominence in his administration’s economic drive, recently took a pragmatic step towards fulfilling his promise. Speaking at the inauguration of the upgraded Tinubu Square Fountain in Lagos, recently, the governor reiterated his administration’s resolve to preserve cultural and historical sites across the state and to develop them to international standard to boost tourism and employment generation.

Represented by the Special Adviser and Acting Commissioner of Tourism, Arts and Culture, Hon. Adebimpe Akinshola, the governor said that the decision to renovate Tinubu Square was informed by the need to upgrade it to a level that befit the status of the Lagos Central Business District (CBD). The governor also disclosed that the development was also part of the present administration’s plan to develop the Marina and Onikan axis to world class tourism destination.

“All over the world, monuments are erected as a way of preserving human history and upholding societal values and ethics.

They are testament of selfless leadership, valour and bravery of great men and women who have contributed significantly to the development of mankind.”

Referring to the Madam Tinubu’s statue, the governor said, “As we all know, this magnificent monument was erected in memory of a valiant woman, Madam Efun-

roye Tinubu, the first Iyalode of Egbaland and one of the greatest merchants of colonial Lagos. It is a celebration of her exploits in the business world and contribution to the foremost status to which our state has attained in the world of commerce and for us as a government and in line with our administration’s commitment to harness the tourism potentials of our state, historical monuments such as this will continue to be given a face lift and outlook.”

Appealing for corporation of the residents in ensuring the protection of the site against vandalism and distortion of its historical and tourism value, the governor said that it was the collective responsibility of all to preserve the rich cultural heritage in the state for the present generation and generations yet unborn.

Commending the efforts of the Amobde government, a resident, Otunba Dada Olatunjo said it was a great delight for him to witness what he described as the restoration of the glory of Tinubu Square.

Sharing a brief history of the Tinubu Square, Olatunji told THISDAY that the Tinubu Square had always enjoyed exceptional look with flowing fountains, artistic designs and other monuments that makes it outstanding.

The 60-year-old man however said that the policy inconsistency on the part of different government, lack of maintenance and neglect have been responsible for the square inability to attract tourists before now.

According to him, “In fact, I am saying a big ‘thank you’ to this present government for improving this square and bringing back its glory. As an elder, I saw the original beauty of this place. This upgrade is good for Lagosians in many ways. At least, it has brought back some memories of good things about Lagos State, although with

• T H I S D AY TUESDAY, february 7,

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FEATURES a modern touch.”

Speaking further, Olatunji who argued that the Tinubu Square would not only be beneficial to Lagosians, the international community hinted that the recent upgrade has equipped it with all it takes to attract tourists from all over the world. “You see in the square, apart from the statue of Madam Tinubu, it also has the statue of Kokoro the Blind Drummer. He was a blind but talented drummer and singer. He moved unaided from place to place entertaining people with his music. In fact, for those who read Cyprian Ekwensi’s book, ‘The Drummer Boy’, that book actually told the real life story of late Benjamin Aderounmu.

This was a young man who despite being blind defied his condition to discover his gift and used it to make people happy and somehow helped himself with it. And through the former Governor of Lagos State, Asiwaju Ahmed Tinubu, the man was immortalised. And I can tell you that the life of that man has a lot of lessons to teach us, especially the youths,” he said.

Extolling the Ambode-led government’s initiatives to harness the tourism potentials in the Lagos and encourage investment in tourism infrastructure, Olatunji said that the government’s efforts would go far in preserving the state’s history and heritage.

According to him, the administration’s efforts would make it easier for the younger generation to have a good understanding of their history and heritage.

The upgraded Tinubu Square at night For a banker and a resident of Ogun State, Mr. Remi Adetutu, the new development in the Island shows a government that pays attention to its environment and willing to tap the various resources at its disposal toward the good of all. Stating that right action in the right direction would often attract a corresponding response, Adetutu noted that though the fountain has been there for a long time, it has never attracted the attention of passersby as it presently does. “This is one of the positive changes we want to see in this country. People need to know that Nigeria is moving forward, especially Lagos State. Considering its economic status in the country, it is living up to its expectation. This is a beautiful sight to behold and a good development we hope other states will borrow a leaf from Lagos State and do likewise in their respective states,” he said.

Observing the neat environment devoid of hawkers, traders and indiscriminate parking of vehicles by motorists the banker said, it will now make it easier for people to appreciate the beauty the fountain exudes.

“The present arrangement of things around, now makes it easier for people to appreciate its beauty. People can go over there and take pictures, show it to their friends and even send it abroad. And with the use of technology, it will be a lot easier for people to post and share some positive things about this country.

The upgraded Tinubu Square wears an irresistible look at night “Anybody who sees this will certainly like it. People can actually recommend this place to their friends for their leisure. As to her, the quality of services available in it is now, those who go abroad to take the historical site is capable of attracting selfies at different fountains and waterfalls both local and foreign tourists. And in her around the globe, they need to realise that words, “this site has all it takes to serve we now have such interesting sites in Lagos. as an international tourist centre.” Adding We don’t have to go far for our relaxation that the place would soon become a big needs anymore. I just hope other states tourist destination, Akpama said, “Looking will emulate Lagos State Government and at the location, even when people come jointly rise to the development need of here to relax, they may use the opportunity to pick one or two things from the market. this country,” Adetutu said.

Describing the new look of the Tinubu So, I think it will benefit businesses around Square to be lovely but strange, Patience here, especially the traders. But I just feel Akpama revealed that the sight of a beautiful for those traders who were displaced by fountain as Tinubu Square is not common the renovation work on the site.”

With the presence of the officials of the in Nigeria. Stressing that the recent upgrade by the state government has equally given Lagos State’s Kick Against Indiscipline (KAI), it an international outlook, Akpama noted the Nigeria Police – all keeping surveillance that it will serve as a good image of positive on the site, THISDAY observed that Tinubu development in Lagos State and the country Square has finally lost its usual hustling as a whole. Speaking on the benefits of the and bustling, dirt and uncoordinated busifountain to government and the people, ness activities that previously defined the the lady said, “People can use this place place. Now, in its new look, it enjoys a for different purposes. It can serve as a calmer, cleaner and serene environment. relaxation centre, people can use it as a And speaking on the on the implication of poster, it can as well be used as a background the new look on businesses, a textile dealer, for pictures. For the state government, the who simply identified himself as Francis, more people come around to use the site, said though he likes the improvement on the more revenue the state will generate the fountain, he however lamented that business has dropped since the renovation from it,” she said.

Envisaging the location of the fountain work started. According to Francis, “Since would also be an added advantage to the our customers are no longer allowed to government and its users, Akpama said tour- park their vehicles in front of our shops, ists will soon discover this place. According some of them find it difficult to cope. It is

As an elder, I saw the original beauty of this place. This upgrade is good for Lagosians in many ways. At least, it has brought back some memories of good things about Lagos State, although with a modern touch

usually difficult for those who make bulk purchases to move from shop to shop with their loads. Sales have not been as a good as it used to be, but I am hopeful that things will improve soon,” Francis said.

Spreading the serenity of orderliness to adjourning streets like Alli and Bamgbose, the shops were not only organised, the commercial bus drivers were seen in a file waiting for their turn to load their vehicles.

Alli Street which leads to the popular Macy Children Hospital, previously was almost impassable as a result of the activities of roadside traders, street urchins, now enjoys free of flow of both vehicular and human traffics. Speaking with Toafik Owokoniran who recalled the ugly state of the streets said, the new arrangement has actually worked in his favour. According to him, his customers can now locate him easily.

“I am happy with the way Lagos State Government is going in the area of development. The work they did in that place is very commendable. In fact, you never can tell how this singular act of the governor will go in projecting the image of Nigeria in the minds of our brothers and sisters living outside the country and even the foreigners themselves. I am sure that by the time our people in London or America see this, they will be happy. Some will even boast to their friends that Lagos State has turned into London,” Owokoniran said.

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T H I S D AY TUESDAY FEBRUARY 7, 2017

A

07.02.2017

WEEKLY PULL-OUT

NIGERIA’S LONG AND TOR TORT TORTUOUS UOUS WAIT T FOR A CJN

Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

2/DASHBOARD

07.02.2017

Securing a Conviction on Circumstantial Evidence PAGE 4

Lagos Strategises on Improved Justice Delivery at Summit PAGE 5

Stakeholders Present Draft Strategy for Effective Implementation of the ACJA 2015 PAGE 6

‘Pupillage is Crucial in Legal Practice’ PAGE 6

QUOTABLES 'I see many senior lawyers in court, doing what my late friend Fela called "shakara", in court. Judges must take control of their courts.'

– Femi Falana, SAN

'Nigerian Judicial Officers are under tremendous pressure from political office holders. The so-called judicial corruption is arising out of political decisions, election petitions and pre- election matters. In Nigeria, it is said that what money cannot do, more money can do it.'

– Jibrin Okutepa, SAN

Emeritus Professor Adedokun Adeyemi: A Legal Colossus PAGE 16

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

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

/3

Notes on Trump’s Travel Ban

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aturday, January 28th, 2017, will remain permanently etched in the memories of those who travelled to the US, and despite the fact that they had various types of valid entry permits into the country, were denied access at their points of entry into the US, because they were travelling from the seven countries on President Donald Trump’s travel ban list, namely, Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

The Executive Order On January 27th, 2017, President Trump signed an Executive Order as follows: “By this authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq and Section 301 of Title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows: .......pursuant to Section 212 (f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrants and nonimmigrants entry into the Unites States of aliens from countries referred to in Section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order.....”

Those travelling from Syria were banned indefinitely. Trump’s action, in fulfilment of his campaign promises, received worldwide condemnation, including the fact that his action did not include the wealthier Muslim majority countries like Saudi Arabia, Turkey, the United Arab Emirates (UAE), Egypt and Indonesia, where Trump is said to have business interests.

Supporters of Trump argue that his action is lawful and he is well within his rights to carry out this Presidential Prerogative.

Interestingly, six of the seven countries that Trump imposed this travel ban on, all have travel ban restrictions on Israelis, and some have even gone as far as not allowing those who have Israeli visas in their passports, entry into their countries. I don’t remember anyone making such a big fuss about the Israeli travel ban by these countries, so why is Trump’s action such a big deal now? It could be because of the unfair and unceremonious way that his Executive Order was carried out, that there is widespread anger. I do agree that there could have been a better way to protect American citizens, than to treat those who were already qualified to enter the US so badly. It sends the wrong signal, when Government who should be the custodian of the law, flouts the law. It generally signifies a breakdown of law and order, no respect for the rule of law.

However, the question remains, should I

Jim Jones

not be allowed to decide who has access to my house or not? Would one simply fling open one's doors to a large group of people from Sambisa forest just like that, without proper vetting, because they claim to be IDPs, knowing that some of them could very well be Boko Haram members pretending to be refugees, with the sole purpose of infiltration to cause harm to innocent people?

Discrimination Those that are against Trump’s action have condemned it as unconstitutional and unlawful, citing the 1965 Immigration Act, Section 1152(a) of Title 8, U.S.C. which provides that “No person shall receive any preference or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.” They say his Executive Order contravenes this provision. The question is, which is superior, the Executive Order or this law which seems to curtail and undermine this Presidential Prerogative? In the days to come, I am sure this question will be answered by the courts.

Obama’s 2011 Immigration Restriction Some have likened Trump’s travel ban to former President Obama’s immigration restriction measures of 2011, in which the US State Department stopped processing Iraqi Refugee requests for six months. Aside from the fact that Obama’s policy was narrower in scope than that of Trump, targeting only Iraqis, the measure was a reaction to a failed plot by some Iraqi Nationals who had gained entry into USA under the guise of being refugees, had lied and concealed their terrorist backgrounds and were planning to send money weapons and explosives to al-Qaida for terrorist activities .

Ghana Must Go Though it is not exactly the same, this whole saga reminds me of the “Ghana Must Go” episode of January, 1983, when the then President of Nigeria, Alhaji Shehu Shagari, ordered all immigrants without correct papers to leave the country within a few weeks.

About two million West Africans comprising of one million Ghanians, were affected by the order. They were given about a month to leave Nigeria. Apparently, Ghana had done the same thing in 1969, when it banished Nigerians and other immigrants, giving them two weeks to obtain resident permits, or exit the country.

While Trump’s decision is purportedly based more on the dangers posed by terrorism, the African decisions were based on economic and social issues, for which aliens were held responsible for.

Idi Amin, the Ugandan dictator, in 1972 expelled Asians from his country, giving them only ninety days to leave. The Asians comprised mostly of Indian Gujaratis who had resided in East Africa for over a hundred years. Out of a population of approximately 80,000 Asians, about 23,000 who had earlier processed their citizen applications and had been accepted, were subsequently exempted from the expulsion, but many of them opted to leave Uganda voluntarily. Asians owned a lot of large businesses in Uganda, and after their departure, over 5000 business concerns were reallocated to Ugandans.

Many saw Idi Amin as being a narcissistic, mentally unstable megalomaniac. He claimed that God had instructed him to expel the Asians because of their exploitation of the Ugandan citizens and economic malpractices!

However, rumour had it that the reason for the Asian expulsion was the refusal of Amin's (who was a known chronic womaniser) request to an Asian family to give their young daughter to him in marriage (even though he already had four wives). Instead the girl was spirited out of Uganda to Kenya and Idi Amin’s anger knew no bounds. He apparently felt insulted and discriminated against by the Indians, vowing to punish them.

9/11 Similarly, many are saying that Trump’s actions are borne out of his racist and discriminatory tendencies and has not much to do with the security and protection of American citizens against terror attacks. Some have started to question Trump’s mental capacity, especially in the wake of the other Mexican Wall issue. Trump has used the 9/11 terror attacks as part of the justification for his action. However, the 9/11 attackers did not come from any of the seven countries on Trump’s list, but were citizens of Saudi Arabia, Egypt, Lebanon and UAE, countries which are not included on the travel ban list.

Legal Proceedings Law suits were instituted against Trump’s Executive Order in several places like New York, Washington, Virginia and Massachusetts.

While a Federal Court in Washington issued a stay preventing travellers that had been refused entry and detained, from being deported back to their countries, Boston ruled that people could not be detained on the basis of Trump’s Order. The Acting Attorney-General of the US, Sally Yates, was sacked by President Trump after she advised the Justice Department not to implement the travel ban, as it was unclear if the ban was “legally defensible”.

The latest development in this matter, is

Idi Amin Dada, Conqueror of the British Empire

"IT IS HOWEVER, REFRESHING TO SEE THE INDEPENDENCE OF THE JUDICIARY IN THE UNITED STATES OF AMERICA AT PLAY. IT IS NOT JUST A MANTRA LIKE IN NIGERIA, BUT ACTUALLY EXISTS IN REALITY. THE US FEDERAL JUDGE BY VIRTUE OF HIS RESTRAINING ORDER, ESSENTIALLY OVERRULED THE EXECUTIVE ORDER OF THE PRESIDENT OF THE UNITED STATES OF AMERICA, CALLING IT UNCONSTITUTIONAL! IN NIGERIA, THE EXECUTIVE REGULARLY BREACHES THE LAWS AND THE CONSTITUTION, AND NO ONE SEEMS TO BE ABLE TO CALL THE EXECUTIVE TO ORDER"

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com that a US Federal Judge in Seattle, Washington State has issued a restraining order, ordering a nationwide suspension on President Trump's Executive Order, reopening US borders to visa holders from those seven countries on the list. Some have called this order unusual, because Federal Judges usually restrict their decisions to their own districts, but this particular ruling was extended nationwide.

The Judge's reasoning was that the rules of entry into the US affect the whole country, and must be uniform.

Of course the White House has reacted, saying that the Justice Department will certainly file an appeal against the Judge's order.

Some may say that Trump is being unnecessarily paranoid and myopic in his views, stereotyping all Muslims from certain parts of the world, because of the terrorist activities in their countries. The truth of the matter is that there are terrorists from different religious backgrounds, everywhere. Nigeria is not excluded with its Boko Haram.

Jonestown The Peoples Temple Agricultural Project aka Jonestown, was an American, supposedly Christian religious group, established by Jim Jones, a white American. In 1978, in Northwest Guyana, 909 American members of this sect committed mass suicide by ingesting cyanide.

However, survivors of the sect called it mass murder, insisting that those that drank the poison did so under duress from Jim Jones, the group's leader. Before the ‘believers’ consumed the cyanide, Jones had ordered the killing of five other people, including American Congressman, Leo Ryan.

The Jonestown deaths was the largest single loss of American civilian lives until the 9/11 incident in 2001.

The Moral of the Story There are crazy extremists all over the world, whether religious, racist, homophobic or simply mentally unhinged. Dylan Roof, a twenty-two year old white American was recently sentenced to death for killing nine black church members in Charleston, South Carolina. His crime was described as a ‘federal hate crime’.

While I agree that there has to be a more efficient and effective way of vetting aliens before giving them access to one’s country, as we have seen cases of people camouflaging as refugees and tourists to gain access into a country, ending up taking the lives of many innocent people, there has to be a better and more orderly way of doing so, than what happened on January 28th, 2017.

It is however, refreshing to see the independence of the Judiciary in the United States of America at play. It is not just a mantra like in Nigeria, but actually exists in reality. The US Federal Judge by virtue of his restraining order, essentially overruled the Executive Order of the President of the United States of America, calling it unconstitutional! In Nigeria, the Executive regularly breaches the laws and the Constitution, and no one seems to be able to call the Executive to order.

4/LAW REPORT

07.02.2017

Securing a Conviction on Circumstantial Evidence

O Facts

n 19th September, 1996, one Ikechukwu Okoronkwo (the deceased) hawked cooked groundnuts around Otokoto Hotel, when a certain Innocent Ekeanyanwu lured him into the Hotel on the pretence that he wanted to buy groundnuts. The deceased was later killed by Innocent Ekeanyanwu with the assistance of one Alban Ajaegbu and Samson Nnamito, on the instruction and request of the Appellant (the proprietor and Managing Director of the Hotel). It was gathered that a certain Leonard Unogu had requested for the head of a young male person for ritual purposes, by which the deceased’s head was decapitated and the tip of his penis cut off. His remains was buried in a cassava farm within the premises of the Hotel. However, while Innocent Ekeanyanwu was on his way to deliver the head of the deceased to Leonard Unogu, he was arrested by a team of policemen who found on him, a decapitated human head identified to be that of the deceased.

During his interrogation by the police, Ekeanyanwu confessed that he had killed the deceased on Leonard’s request to procure him a head, and had made efforts to deliver the head, but did not see him before he was arrested.

Upon the admission and the discoveries by the police, the Appellant and six others were arrested and charged jointly at the High Court of Imo State, with murder of the deceased aged eleven (11) years, an offence punishable under Section 319(1) of the Criminal Code Cap. 30 Laws of Eastern Nigeria, 1963 (applicable in Imo State of Nigeria).

At the trial, several witnesses were called, as well as several exhibits tendered. The learned trial judge found the Appellant, amongst others, guilty. He was convicted and sentenced to death by hanging. The Appellant’s appeal to the Court of Appeal was found unmeritorious and therefore, dismissed. Being dissatisfied with the judgement of the Court of Appeal, the Appellant further appealed to the Supreme Court.

Issues for Determination The issues submitted for determination before the Supreme Court were as follows: (i) Whether the learned Justices of the Court of Appeal were right to have concluded that Section 30 of the Evidence Act, LFN, 2011 as amended allows them to rely on the facts contained in Exhibits 21 and 36; (ii) Whether the learned Justices of the Court of Appeal were right to have relied on Exhibits 21 and 36 against the Appellant, when it was clear that the two Exhibits were unreliable in law; and (iii) Whether the learned justices of the Court of Appeal were right to have decided that the conviction of the Appellant was proper on the basis of circumstantial evidence, when the said circumstantial evidence was not direct, positive nor cogent as required by law.

Arguments Arguing the first issue, learned Senior Counsel for the Appellant submitted that the justices of the lower court were wrong to have concluded that Section 30 of the Evidence Act, 2011 as amended, allows them to rely on the facts contained in Exhibits 21 and 36 against the Appellant. The Respondent referred to the findings of the Court of Appeal and contended that the Court did not rely on the confessional statement of the Ekeanyanwu, but on facts and evidence discovered as a result of Exhibits 21 and 36.

On the second issue, Counsel for the Appellant had argued and submitted that their Lordships ought to have rejected and overturned the Appellant’s conviction when they realised that the trial judge placed reliance on the Exhibits which were unreliable in law. He also submitted that Exhibit 36, one of the confessional statements of Ekeanyanwu (a co-accused person) who died in police custody before trial, cannot be relied upon against the Appellant because the statement was not made in the presence of the Appellant for him to have adopted it either by words or conduct. He relied on the provision of Section 29(4) of the Evidence Act, 2011 and the case of DIBIE v THE STATE (2005) All FWLR (Pt. 259) 1995 in support of his submission that a confessional statement of an accused person is not evidence against a co-accused person.

On the third issue, Counsel for the Appellant submitted that since there existed no such cogent, direct, compelling and unequivocal circumstantial evidence against the Appellant, the learned Justices of the Court of Appeal were wrong to have resorted to circumstantial evidence. On this issue, Counsel for the Respondent submitted that the inferences

Olukayode Ariwoola, 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. 235/2012 Between Chief Vincent Duru (Alias Otokoto)................. Appellant And The State.............Respondent Lead Judgement delivered by Olukayode Ariwoola, JSC

made by the two courts were concurrent findings of facts based on credible circumstantial evidence.

Court’s Rationale and Judgement Determining the three issues formulated together, the Supreme Court relied on OGBA v THE STATE (1992) 2 NWLR (Pt. 222) 1634, amongst others, and identified that to secure the conviction of murder, the Prosecution is expected to prove the necessary ingredients: (a) that the deceased had died; (b) that the death was caused by the accused; and (c) that the act or omission of the accused caused the death of the deceased. The Court held further that for the Prosecution to establish the guilt of the accused beyond reasonable doubt, same could be by confessional statement; eye witness or circumstantial evidence. It was not in doubt that the Prosecution relied on circumstantial evidence to prove the case, since there was no direct evidence of an eye witness and the Appellant did not confess to killing the deceased.

""......FOR CIRCUMSTANTIAL EVIDENCE TO SUPPORT OR GROUND A CONVICTION, IT MUST NOT ONLY BE COGENT, COMPLETE AND UNEQUIVOCAL, BUT COMPELLING AND MUST LEAD TO AN IRRESISTIBLE CONCLUSION THAT THE ACCUSED AND NO ONE ELSE, IS RESPONSIBLE FOR THE MURDER OF THE DECEASED""

Based on the foregoing, the Supreme Court, relying on the case of YONGO v COP (1992) 80 NWLR (Pt. 257) at 36 stated that for circumstantial evidence to support or ground a conviction, it must not only be cogent, complete and unequivocal, but compelling and must lead to an irresistible conclusion that the accused and no one else, is responsible for the murder of the deceased. In this case, Ekeanyanwu had in his first statement admitted to killing the deceased, but in Exhibit 36, he made reference to the role played by the Appellant in the killing of the deceased. The Apex Court on that note, indicated that there was nothing on record to show that after the statement implicating the Appellant was made, the Appellant was once more confronted with the statement or that he adopted the contents of the statement as his own. The Court relied on the settled principle of law on the confessional statement of an accused, that it is only admissible against the maker but not against a co-accused who is incriminated in the said statement, except the co-accused adopts same. The Supreme Court on this issue held that, in the ordinary sense, the court cannot ascribe the confession in the said statements to the Appellant.

On the consequence of any such fact discovered from information gathered from a person accused of an offence, the Supreme Court relied on the judgement of the lower court and stated that where information is received, the law permits the admissibility of evidence of discoveries in consequence of information given which ordinarily may not be admissible. On that position, the Supreme Court further held that, the lower court was right to have concluded that Section 30 of the Evidence Act, 2011 allowed them to rely on the facts contained in the Statements made by the deceased accused in Exhibits 21 and 36, which were properly admitted by the trial court.

On the issue of whether the lower court was right to have decided the conviction of the Appellant on the basis of circumstantial evidence, the Supreme Court relied on CHIMA IJIOFFOR v THE STATE (2001) 5 SCM 107, where it was held that in criminal cases, the possibility of proving the offence charged by the direct and positive testimony of an eye witness or by conclusive document is rare and where such testimony is not available the trial judge sitting as judge of facts and law is permitted to raise the presumption from the proof of some facts, the existence of another fact without further proof of that other fact. On that note, the Court agreed with the holding of the Court of Appeal that: in the course of investigation from information in Exhibit 36, the headless body of the deceased with the head of penis cut off was found buried in the Hotel; the body was exhumed from the farm within the premises of the Hotel; one Leonard who was to take possession of the head was known to the Appellant, and that the trial Court who had the opportunity to observe the Appellant testifying in court, was right to have concluded that the conduct of the Appellant from the evidence, betrayed the behaviour of a person who knew why Ekeanyanwu was arrested and brought to the Hotel without being told, and lastly that the right inferences were drawn to come to the conclusion on the guilt of the Appellant, based on circumstantial evidence.

On the defence of alibi raised by the Appellant, the Supreme Court relied on MAIKUDI ALIYU v THE STATE (2007) All FWLR (Pt.388) 1123 at 1141, to the effect that the Prosecution is duty bound to investigate the alibi set up to verify its truthfulness, and held that, though there was no burden on the accused person to prove his alibi, he was bound to give the lead and particulars of his where about at the earliest opportunity to lead the Prosecution in their investigation of the alibi. In this case, the Receptionist (PW10) at Otokoto hotel had testified and stated under cross-examination that the Appellant was in the Hotel on the day the deceased was murdered, and stayed for a while before he left. With the uncontradicted evidence of PW10 about the events on the day of the incident and the Appellant’s admission of his whereabout, the defence of alibi was held to be an afterthought and thus, unreliable.

Finding no proof of miscarriage of justice, the Apex Court held that the Appellant was rightly convicted upon circumstantial evidence adduced by the Prosecution and thus, affirmed his conviction and sentence to death by hanging.

Appeal Dismissed.

Representation: Professor A. Amuda Kannike, SAN with A. O. Yusuf Esq. and Dr. E. E. Jumbo for the Appellant M.O. Nlemedim Esq. - Attorney-General, Imo State with Osita Chukwu Emeka Esq., SSC for the Respondent Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

07.02.2017

NEWS/5

Legal Tidbits Show of Shame!

L-R: Penalists: Hon. Justice Olubunmi Oyewole of the Court of Appeal, Mr. Olawale Fapohunda and Director of Public Prosecution (DPP), Lagos State Ministry of Justice, Mrs. Idowu Alakija at the Stakeholders’ Summit on Administration of Justice at Eko Hotel and Suites, Victoria Island, Lagos last week

Information reaching legal tidbits is that on January 31st, 2017, two senior lawyers, of 28 and 30 years standing at the Bar, were alleged to have been involved in a brawl in Kano State Chief Magistrate Court No. 20. They were said to have transferred the animosity that existed between their respective clients to themselves, throwing caution and professional etiquette to the wind, and engaging in a physical scuffle, thereby making their court room submissions with their fists instead. Word has it that the lawyer of 28 years standing won the boxing match, leaving his senior colleague with serious lacerations, bruises and a battered ego.

Following the incident, Learned Colleagues were invited to meet at the court last Friday, 23rd February, 2017 at 9am in professional attire, to observe Contempt (in facie) proceedings against the two legal practitioners. Ruling on the matter has apparently been reserved for today.

Lagos Strategises on Improved Justice Delivery at Summit Jude Igbanoi

The Summit organised by the Lagos State Ministry of Justice last week, was a two-day stakeholders’ interactive forum to brainstorm on innovative ways to improve the effectiveness, accessibility, efficiency, transparency, performance and management of existing legal infrastructure, in order to meet the justice needs of the State.

Welcoming participants to the summit, the Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem said "The Summit is also meant to provide an opportunity to examine the current challenges and analyse prospective reforms that would improve justice delivery and build the confidence of the public in justice administration".

The summit witnessed a high

level participation, including judges, justices, Senior Advocates of Nigeria, a judge from the International Criminal Court at the Hague, Netherlands, lawyers from all practice fields and the media.

At the end of the two-day deliberations, participants agreed that:• As Africa’s fastest growing city, citizens of Lagos should have unhindered access to a qualitative and reliable justice delivery system with a fully automated judiciary.

• Establishment of a Sentencing Council that would periodically spell out guidelines for judges and magistrates.

• There is an urgent need to remove the ambiguity provided in the Child Rights’ Law relating to the exclusive jurisdiction for the trial of the Child Offender, and that the procedure should

be clearly laid out in the law.

• The Summit also emphasised the importance of forensic and DNA evidence, and justified why it should be embraced in criminal justice administration.

• The State should lead a dialogue on the desirability of having State Police in the country.

• Day to day trials should be encouraged in all courts in the state, to minimise delays.

• Chief Registrars and Registrars should be adequately trained and retrained in management.

•Special ADR dedicated courts should be created in the State.

•The State must design and adopt a witness protection programme in Criminal prosecutions.

• Establishment of a Crimi-

nal Justice Committee among others, should be considered.

• Interdivisional transfer of cases should be provided for.

• Probate matters should be settled within three months, to ameliorate the suffering of the families of the deceased.

• Revisit the practice direction which hiked filing fees.

It will take justice out of the reach of the poor and deny them access to justice.

• Appointment of judges should be reviewed to ensure merit and excellence supersedes ethnicity.

• Land titles and ownership should be made verifiable online, so that people can determine title by checking and confirming the history of the land online.

• Design a detailed operational manual for court officials for Registrars and Bailiffs and

publish such manuals online for all, including lawyers, to see.

• Judgments of the Lagos High Court should be put online for ease of access by lawyers, researchers, students, etc. from any part of the world.

• The Law Reform Commission’s Research and Development Unit should be populated and manned by lawyers from the Ministry of Justice or encouraged to work closely with lawyers in the Ministry.

• Summit recommended an independent professional administrator for the court system.

• There should the establishment of a Police Court Unit for the enforcement of court judgments, to be manned by an Assistant Commissioner of Police, who should be

responsible to the Chief Judge.

• Appoint a Chief Visitor of Prisons to conduct inspections on a regular basis, respond to complaints, investigate deaths in custody and publish independent regular findings of his work, and make appropriate recommendations for action to the National Council of States.

Participants also recommended that Lagos State Government should institutionalise a robust case management system and other allied techniques, to reduce the workload on judges and also fast track sound justice delivery system.

That a five year development plan for the entire justice sector in Lagos State should be developed and effectively pursued, and that a committee should be set-up to faithfully implement the resolutions and proposals from this Summit.

Family Sues Lagos Governor, AG over Ownership of Ikeja Shoprite Land

Invasion: Victim Tells Court How Police Arrested Invaders with Firearms, Ammunition

Akinwale Akintunde

Akinwale Akintunde

The Akinole Oshiun families of Ogba area in Lagos State has dragged the Lagos State Governor, Akinwunmi Ambode, the State Attorney-General and Commissioner for Justice and Gruppo Investment Limited to court over the ownership of the expanse of land where Shoprite Mall is situated in Ikeja.

Already, two families, Akinole Oshiun of Ogba and the Emmanuel Oyedele Ashamu families are laying claims to the land measuring approximately 15.01 acres.

While the Akinole Oshiun families said the land formerly known as Strabag site now referred to as Ikeja City Mall, was bequeathed to them by their progenitors, the Emmanuel Oyedele Ashamu families are denying the claims, stating that the land belongs to them.

The claimants in the Suit No:

ID/1244/2011, filed before an Ikeja High Court are Chief Ligali Kafaru Otabiyi, Prince Hakeem Oshiun, Hon. Fatai Gbadebo Oshiun, Isiaka Lamina Akinole, for themselves and on behalf of the Akinole Oshiun families of Ogba, Ikeja, Lagos.

Other defendants are Lagos State Registrar of Titles and Mr. Samuel Ishola Ashamu.

Samuel Ashamu the 5th defendant, in a counter-claim through his lawyer, Chief Bolaji Ayorinde, SAN, asked the court to declare that they are the persons entitled to the reversion or statutory right of occupancy by operation of law of all that piece or parcel of land measuring approximately 15.01 acres formerly known as Strabag site and now referred to as Ikeja City Mall lying, being and situate along Obafemi Awolowo Way, Alausa, Ikeja, Lagos State.

Ashamu is asking the court for an order setting aside the

sale, transfer, assignment, alienation, grant and or registration of interest in any form whatsoever, in respect of the piece or parcel of land formerly known as Strabag site but now known and referred to as Ikeja City Mall by the 2nd, 3rd and 4th defendants in favor of the 1st defendant, on the ground that such sale, transfer, assignment, alienation, grant and or registration of interest is unconstitutional, null and void and of no consequence whatsoever.

Specifically, he sought for an order of perpetual injunction restraining the 1st defendant, its agents, workmen, staff, assigns and legal representatives from further trespassing on the 5th defendant's family land measuring approximately 15.01 acres formerly known as Strabag site but now known and referred to as Ikeja City Mall lying, being and situate

along Obafemi Awolowo Way, Ikeja, Lagos.

The 5th defendant also asked the court to award the sum of N1 million each only being damages for trespass committed by the 1st-4th defendants on the subject-matter herein.

The claimants however, approached the court for an order compelling or mandating the 4th defendant in this suit through the 2nd and 3rd defendants, to issue a new grant of root of title in favor of the claimants over the piece or parcel of land measuring approximately 15.01 acres formerly known as Strabag site but now known and referred to as Ikeja City Mall lying, being and situate along Obafemi Awolowo Way, Alausa, Ikeja, Lagos State, which piece or parcel of land is more particularly delineated and verged brown in the claimants' family survey plan No: TJ/ LA/24/75 of 7/9/1975.

Bariu Agbogunloko, a prosecution witness, in the ongoing trial of four persons charged with illegal possession of firearms and ammunition, has told the Federal High Court, Lagos, how the police arrested the accused.

The Police had charged Ganiyu Alabi, David Murphy, Folarin Isiaka and Kehinde Isiaka to court on a three-count charge of illegal possession of firearms and ammunition.

In the charge, the four accused persons and others at large, were alleged to have on October 15, 2016, at about 10a.m., invaded Oko-Olomi Community in IbejuLekki, Lagos, while armed with three pump action guns with serial numbers 2856, 8976, and 2598, a double barrel gun and two live cartridges.

The offences according to the Police, are contrary to

and punishable under Sections 516,27(1)(a)(I) and 27(1)(B)(ii) of the Firearms Act, Cap F28, Laws of the Federation of Nigeria, 2004.

The accused persons however, pleaded not guilty to the charges.

However, at the resumed trial of the matter before Justice Ibrahim Buba, the witness, who was a victim of the illegal property demolition at Oko-Olomi Community was led in evidence by the prosecutor, E.T Abi. He narrated how their properties were illegally demolished by the invaders.

Agbogunloko said the incident occurred on April 17, 2016, early in the morning, adding that all the properties owners in the area were frightened with guns before their properties were demolished.

The witness further told the court that the matter was reported at Area J Police Division and Elemoro Police Station but

CONTINUED ON PAGE 6

6/

07.02.2017

Stakeholders Present Draft Strategy for Effective Implementation of the ACJA 2015 Alex Enumah in Abuja

The Administration of Criminal Justice Bill aimed at speedy dispensation of justice was passed into law in 2015 by the 7th Senate. The Major objective of the Act is the removal of all impediments to speedy dispensation of justice in the country.

According to the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami SAN, “The Administration of Justice Act seeks among other things, to promote effective and efficient criminal justice administration, through the enhancement of the capacity of justice sector institutions to collect, preserve, share and manage crime information, remove impediments to speedy dispensation of justice, protect the society from crime and protect the rights of defendants, victims and society at large”.

The Administration of Criminal Justice Act, 2015, the ACJA as it is popularly called, became so necessary due to the failure of the then criminal justice system to proffer lasting solutions to the issue of crime in the country.

Malami blamed the situation on the type of laws Nigeria operated within the period. According

to him, Nigeria’s criminal justice system prior to 2015 was governed by two laws inherited from the colonial administration, namely the Criminal Procedure Act and Criminal Procedure Code, which he claimed never satisfactorily proffered solutions to the reduction of criminal activities in Nigeria.

He said, “Before the ACJ Act, our criminal justice system was bedeviled with a lot of challenges which hindered access to justice on many fronts, ranging from long adjournments of trials, congestion in courts and prisons, and dependence on technicalities.

“All these resulted in the lack of citizens’ confidence in the administration of justice in Nigeria”, he said."

Adding that, “This lacuna led to the enactment of the Administration of Criminal Justice Act, 2015”.

It should be recalled that the battle to translate the Bill into an Act started in 2003, and was eventually won only in 2015 due to the doggedness of critical stakeholders in the sector.

Unfortunately, two years after its passage, its benefits seem to remain elusive, as some of the bottlenecks and encumbrances it was supposed to eradicate still pervade the nation’s justice sector.

The result is the presentation recently in Abuja,

INVASION: VICTIM TELLS COURT CONTINUED FROM PAGE 5 nothing was done, which necessitated their writing a petition to Police Headquarters in Abuja.

He said it was based on the petition, that police officers from Abuja acted upon and stormed the hideout of the accused at Abule Baba Adisa in another community close to the area.

Agbogunloko said all the accused persons were arrested with firearms and live ammunition at their hideout.

Lawyer to the accused persons, Mr. Adewale

Adegoke cross-examined the witness, and he further revealed how other suspects escaped from being arrested at the hideout.

The witness informed the Court that there was no controversy over the ownership of the land in question, adding that the communities have no business or agreement with one land speculator, Alhaji Owoeye.

Justice Buba however, adjourned further hearing in the matter till March 10.

of a Draft Strategy/needs Assessment, towards the effective Implementation of the Administration of Criminal Justice Act, 2015.

Succinctly put by President, Centre for Socio-Legal Studies (CSLS), Prof. Yemi Akinseye-George, “But we are not under any illusion that the passage of the Act has cured the defects in the Nigerian system of criminal justice administration.

Rather, we know too well that the passing of a law is one thing and implementing it effectively is another thing. Unfortunately, we as a people, cannot boast of an enviable track record in the enforcement of our laws. Our status books are replete with many well-crafted laws that are yearning for application”.

Akinseye-George stated that it was in recognition of the many hindrances, including constitutionrelated barriers to the effective implementation of the Act, that they have taken it upon themselves to engage critical stakeholders on the way forward.

“We have taken on the next logical task of working with our partners and the agencies to promote the understanding of its provisions, and their effective implementation.

“This decision is based on the realisation that an effective criminal justice system which is capable of discouraging criminality and anti-social behaviour, is a sine qua non of any modern democratic society”, he said.

The CSLS President noted that there is no other time than now to make Nigeria a better place for all, “Especially now that the leading nations appear poised to close their borders against foreigners”.

“We believe that if everyone of us makes a commitment to make things better in our own corners or spheres of influence, then our country would begin to change for the better sooner than later”, he stressed.

On what the government is doing to improve access to justice in line with the ACJA, Malami disclosed that his office has already developed a

Framework for the Reform of the Justice Sector.

The project which is tagged, Justice Reform Plan, according to the Minister, is hinged on four strategic objectives which are (i) strengthen the legal Drafting and Law Review Process; (ii) strengthen prosecution and enforecemnt mandates; (iii) strengthen public engagement and accountability systems and (iv) support international and national coordination in Justice Institutions.

"In May, 2016, President Muhammadu Buhari inaugurated a National Prosecution Coordination Committee (NPCC), with a view to strengthening prosecutorial mandates of the FMOJ, as well as enhancing coordination of the prosecution of high-profile cases."

He added that as part of the on-going reform of the justice sector, the FMOJ and Attorneys-General from the thirty-six states of the Federation, recently issued and adopted the ‘National Prosecution Policy and Prosecution Guidelines’.

While commending the group for putting together the draft Strategy, the Minister noted that with the advent of the ACJ Act, there has been a tremendous improvement on access to criminal justice in Nigeria.

However, other speakers at the occasion, including the Chief Judge of the High Court of the Federal Capital Territory, Justice Ishaq Bello, identified the lack of funding as a major obstacle to the success of the ACJA and called on the Federal Government to make it a priority.

They decried a situation where judges are not paid for months, noting that it would not augur well for both the judiciary and democracy in Nigeria.

The centre also used the occasion to honour deserving Nigerians whom it says contributed immensely to the formulation and subsequent passage of the law in 2015. The awardees include Vice-President Yemi Osinbajo, SAN and Akin Olujimi, SAN.

Legal Personality of the Week Victor Nwakasi

‘Pupillage is Crucial in Legal Practice’ My name is Victor Nwakasi. I studied law at the University of Ibadan. I attended Nigerian Law School and was called to the Bar in 2003.

I was in student activism; I met and followed Comrade Oludare Ogunlana (Above Jordan) and owe a lot to him for guidance. During my NYSC, I served with the State CID in Borno State. I also consulted for the German Agency for Technical Cooperation (then GTZ and now GIZ) during the time. GIZ had a massive programme in the North-East on Economic Empowerment, Access to Justice, Skills Acquisition, Justice Sector Reforms, Legal Counselling etc. The experience was awesome.

I joined Olisa Agbakoba & Associates in 2005 soon after NYSC. I currently serve there as the Head of Corporate/Commercial Law. I later did my Masters in Law at the University of Lagos. I have enjoyed training in various aspects of law practice; litigation, arbitration, insolvency, research and publications. I was team leader for OAL Public Sector Practice that worked for CBN, SEC, Federal AttorneyGeneral’s Office and NERC etc. I have executed complex reform programmes and supported administrative agencies’ work at federal and state levels. I have 2 publications and have served the Nigerian Bar as the foundation secretary of SPIDEL. I have trained about 3,000 staff of a huge multinational on various aspects of Human Rights, Voluntary Principles on Corruption, Community Engagement, and Legislative Advocacy. I am an alumnus of various Euromoney Training Programmes on Debt Resolution, Finance and Insolvency. I represented Africa for four years at the London Court for International Arbitration (LCIA)-Young Inter. Arbitrators Group. I serve in the South-East Nigeria Economic Commission (SENEC), a regional initiative. I am Catholic, married with two children, and I participate in my town and State activities here in Lagos.

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

that I had prepared and assembled enough facts. In my opinion a little argument or none was preferable. But I was in for a surprise, a fearsome surprise. When the matter was called, the Judge quickly glanced through the process and echoed “Mr. Nwakasi, I will like you to address the Court on this application and I am standing the matter down”. My confidence was deflated, and I literally passed out. What am I going to say that was not already said in the frontloaded documents? I became tense as I muttered "As the court pleases". The intervening period was probably one of the biggest anxious moments I have ever felt as a lawyer.

Victor Nwakasi

Nothing exceptional. First, was settling down in Lagos from my base in Port Harcourt. Second, was the dilemma of how to proceed fully in practice, given the skills that I had acquired and the practice options Dr. Agbakoba, SAN offered; a unique practice that combines a lot of innovation and skills, requiring lawyers who could apply themselves in legal and justice sector-related work. After my interview, the issue was where to place me within the ‘institutions’ in the firm of Olisa Agbakoba and Associates; Human Rights Law Service, Legislative Advocacy Group etc.

What was your worst day as a lawyer?

About Seven years ago, precisely the day Hon. Justice Idris of the Federal High Court, Lagos stood down my matter so I could later address him and justify why he should grant a Mareva Application in respect of a recovery case. As a lawyer, requirements for Mareva Injunctions can be perplexing. But we needed to go very hard on a certain recalcitrant debtor. I thought

What was your most memorable experience?

My most memorable experience happened the same day as my worst experience. The matter was called after an hour and I had taken what could be described as the ‘longest hour’ to refine my argument, digest quick points from Chief Afe Babalola's book on Injunctions. I then began to address the court. I guess I had over prepared during those tense moments, that even when the Judge urged me to stop and had started writing his ruling I continued albeit fretfully.

My colleagues in Court laughed quietly at my desperation and anxiety. When I eventually stopped, the Judge was done with his writing and read the ruling. Surprisingly, I obtained a favourable ruling. I did not get that all I had asked for, but I cherished obtaining most of the reliefs. What a day!

Who has been most influential in your life?

Definitely, observing my late father as a Judge and Acting President of a Customary Court.

He painstakingly prepared his opinions and arguments for that level of justice administration.

It was inspiring. Dedication is everything. He was thoroughly dedicated to that job just like everything he did. I stumbled on his diary after his death, and got more inspired with his diligence.

Why did you become a lawyer?

I did not set out to become a lawyer even though everything about me pointed to the profession according to my father and relatives.

I wanted to be a Doctor and specialise in Community Health. At the back of my mind though was that if I ever did Arts, only law could satisfy my professional yearning. So here I am today, a lawyer and No regrets!!

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

There is no knowledge without experience. I saw a quote recently that said ‘Learn, Relearn and Unlearn’. Learn everything when you are starting, and gradually define your strength and interest. Pupillage is crucial.

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

A doctor, a Development Professional or may be a musician.

Where do you see yourself in ten years?

Law is a profession where growth is essential and the paths are clearer after 10 years depending on how you started. After the first 10 years, a lawyer could make it to the Bench, progress to become a SAN, venture into other businesses, become law teacher or writer etc. A lawyer can do so many things.

Following a sound pupillage which should be within the first 10 years, the next 10 is a critical period. At this stage the projection should be to transform from law practice to legal business, depending of your path. The transformation is necessary because lawyers can be very successful legal entrepreneurs. Law practice is business, aside from its social and justice functions. We have array of lawyers who have excelled in one or more of the career options in Nigeria. Having done the first 10 years, I want to get to a peak within the next 10 years, doing the best I can and as God wishes.

T H I S D AY TUESDAY FEBRUARY 7, 2017

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Nigeria’s Long and Tortuous Wait for a CJN As the nation awaits a substantive Chief Justice, former NBA President, Chief Wole Olanipekun, SAN crosses swords with the Chiarman, Presidential Committee on AntiCorruption, Prof Itse Sagay, SAN on whether or not President Mohammadu Buhari ought to transmit the name of the Acting Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkannu Onnoghen to the Senate for confirmation. Patrick Ikwueto, SAN, Jibrin Okutepa, SAN and Emmanuel Majebi also give their opinions on the issue.

No, CJN Appointee Need not be the Most Senior Justice - Sagay

Confirm Onnoghen as CJN, He is the Most Senior - Olanipekun

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The Constitution here is no gainsaying or debating the fact that Nigeria operates a constitutional democracy, which also recognises, in the main, three arms of government, that is, the Executive, the Legislature and the Judiciary.

The Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the Constitution) is pre-eminently not just the organic law, but also the grundnorm. In the celebrated case of Dapianlong v. Dariye (2007) 8 NWLR (Pt. 1036) 332 at 411, the Supreme Court succinctly and brilliantly summed-up what a Constitution represents in the following hallowed words: “It is settled law that the Constitution of any country is what is usually called the organic law or grundnorm of the people. It contains all the laws from which the institutions of state derive their creation, legitimacy and very being.”

In effect, our democracy and all institutions of State, including the citizenry, thrive and co-exist by constitutional imperatives. We have to abide not just by its wordings and letters, but also by its tenor and intent.

Judicial powers of the Federation are vested in the courts created by Section 6(5) of the Constitution, otherwise styled ‘the superior courts of record’; and the Supreme Court stands at the apogee of the hierarchy. The Chief Justice of Nigeria is not just the head of the Supreme Court, but also doubles as the leader of the judicial arm of the Government of Nigeria, including both the inferior tribunals and the superior courts. The Constitution, in its wisdom, makes clear and very unambiguous provisions for the appointment of the Chief Justice of Nigeria under Section 231.

Relevant for the purpose of this discourse are sub-sections (1) and (4) of Section 231, which read thus respectively: “(1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.“ From the simple coinage of Section 231(1), the appointment of a Chief Justice of Nigeria is constitutionally done by the three arms of government, to wit; the President makes the appointment on the recommendation of the National Judicial Council (NJC), subject to confirmation by the Senate. Simple logic dictates and demands that the NJC kick-starts the process, and would forward its recommendation to the President, who in turn will send or forward the recommended name to the Senate for confirmation or otherwise. It is common knowledge that in exercise of its constitutional functions and duties, the NJC had, after its meeting of October 11, 2016 resolved to recommend the name of Hon. Justice Walter Samuel Nkanu Onnoghen to Mr. President, for appointment as the Chief

Justice of Nigeria. To my mind, immediately after this recommendation, NJC had completed its constitutionally vested duty, thus, becoming functus officio. It can no longer revisit, review or re-examine the recommendation it has made.

Section 158(1) of the Constitution guarantees not just the independence of the NJC, but also the sanctity of the decision it has arrived at. The NJC has no constitutional latitude to approbate and reprobate on the subject. Starting from that point, particularly, on receipt of the recommendation of the NJC by Mr. President, the ball shifted to the President’s court; but has to be passed to the Senate simply in accordance with the wordings and dictates of the Constitution. The law has well crystallised in the proposition that where the wordings of a statute, particularly the Constitution, are clear, they merely call for application, and not interpretation. See C.C.C.T.C.S. Ltd. v. Ekpo (2008) 6 NWLR (Pt.1083) 362 at 392 and Dapianlong v. Dariye (supra).

With very much respect, it is submitted that in the face of a definitive recommendation by the NJC to Mr. President for the appointment of a particular Justice as the Chief Justice of Nigeria, Mr. President cannot fall back on the provision of Section 231(4) to appoint that same Justice as the acting Chief Justice of Nigeria. With every sense of responsibility, Section 231(4) will come into play if, for example, after the receipt of the NJC’s recommendation, the President has forwarded the name of the Hon. Justice Onnoghen to the Senate, and as at November 10, 2016, when the last holder of the office of Chief Justice of Nigeria retired, the Senate had not reverted to the President, confirming the appointment or deciding otherwise.

Then, there would have been an interregnum.

With the situation of things whereby the NJC has made recommendation to Mr. President under Section 231(1), the said sub-section and sub-section (4) have become mutually exclusive.

In its clear wordings, the Constitution does not expect that an interim appointment should be made in the circumstances. By its tenor and spirit, the Constitution does not contemplate it. It might be apt to pose some rhetorical questions, derived from similar circumstances in the Constitution at this stage, in order to drive home my point. Can a Chief Justice of Nigeria refuse to swear in a President-elect on any ground at all, particularly on the ground that his election is being challenged at an election court or Tribunal, despite the clear mandate given to the Chief Justice of Nigeria under and by virtue of Section 140(2) of the Constitution to swear him in, without allowing the CJN to express or harbour any reservation? The answer is clearly in the negative.

Further, can the Senate of the Federal Republic of Nigeria refuse to consider for confirmation or otherwise, ministerial nominees forwarded to it

by Mr. President on any excuse at all, including the fact that it does not like the process through which the said ministerial nominees evolved, despite the clear provision of Section 147(2) of the Constitution? The answer is also nay. Again, can Mr. President refuse to recognise any presiding officer, be it Senate President or Speaker of the House of Representatives, elected or selected by any of the two chambers, on any conceivable ground at all? I submit that the answer is no.

The question then arises, why the Judiciary? Or, why leave or put the Judiciary in an avoidable conundrum? The issue or discourse is not about

T Hysteria

Justice Walter Onnoghen being congratulated by President Muhammadu Buhari after his inauguration as the Acting Chief Justice of Nigeria last year

the person of the nominee of the NJC; far from it. It is also not about his ethnic extraction or religious inclination or catechism. It also has nothing to do with whether he is from any particular section of the country, whether North or South. These are extraneous issues which becloud reasoning.

Furthermore, I am not joining issues with those who contend, rightly in my view, that under and by virtue of Section 231(3) of the Constitution, an appointment to the office of Chief Justice of Nigeria can be made from either the Bench of the Supreme Court itself, or from any appropriate segment of the legal profession, provided the appointee has qualified as a legal practitioner for a period of not less than fifteen years. We have passed that stage in this circumstance, whereby the NJC has made a recommendation and forwarded same to Mr. President under and by virtue of Section 231(1).

Smoothness of Change of Baton in the Supreme Court The bottom line is about the potency of our Constitution and the need for us to abide by it, and respect its spirit and tenets. Right from the appointment of Sir. Adetokunbo Ademola as the first indigenous Chief Justice of Nigeria in 1958, and through to 2014 when the Hon. Justice Mahmud Mohammed was appointed as the fourteenth indigenous Chief Justice of Nigeria, change of baton at the Supreme Court had always been smooth and seamless. There had not been any interregnum; no appointment of acting Chief Justice, not even when the Hon. Justice S. M. A. Belgore was appointed as Chief Justice of Nigeria for about six months. It is apt to specifically reference the appointment of the last holder of the office of Chief Justice of Nigeria, in the person of Justice Mahmud Mohammed. While the NJC recommended his name to former President Goodluck Jonathan for appointment as substantive Chief Justice of Nigeria on October 29, 2014, the then President transmitted the recommendation to the Senate on November 12, 2014. On its part, the Senate confirmed the appointment on November 19,

2014, a day to the retirement of his immediate predecessor, the Hon. Justice Aloma Muktar. He was sworn in as the substantive Chief Justice of Nigeria on November 20, 2014, the very day Justice Muktar retired. Recently in Britain, the same scenario played out in the appointment of the Rt. Hon. Sir. John Thomas as the Chief Justice of England and Wales on October 1, 2013, following the retirement of the immediate past holder of that office, the Rt. Hon. Igor Judge on September 30, 2013, that is, barely a day after the retirement of the latter. Her Majesty, The Queen, made the appointment immediately following the advice of the Prime Minister, the Deputy Prime Minister and the Lord Chancellor, upon the recommendation of an independent selection panel chaired by Christopher Stephens, Chairman of the Judicial Appointments Commission.

One is tempted to pose a very intriguing question, that is, if the nominee of the NJC is considered not fit and proper, in anyway howsoever, to be appointed as substantive Chief Justice under Section 231(1), why appoint him as

"THE BOTTOM LINE IS ABOUT THE POTENCY OF OUR CONSTITUTION AND THE NEED FOR US TO ABIDE BY IT, AND RESPECT ITS SPIRIT AND TENETS. RIGHT FROM THE APPOINTMENT OF SIR. ADETOKUNBO ADEMOLA AS THE FIRST INDIGENOUS CHIEF JUSTICE OF NIGERIA IN 1958, AND THROUGH TO 2014 WHEN THE HON. JUSTICE MAHMUD MOHAMMED WAS APPOINTED AS THE FOURTEENTH INDIGENOUS CHIEF JUSTICE OF NIGERIA, CHANGE OF BATON AT THE SUPREME COURT HAD ALWAYS BEEN SMOOTH AND SEAMLESS. THERE HAD NOT BEEN ANY INTERREGNUM; NO APPOINTMENT OF ACTING CHIEF JUSTICE, NOT EVEN WHEN THE HON. JUSTICE S. M. A. BELGORE WAS APPOINTED AS CHIEF JUSTICE OF NIGERIA FOR ABOUT SIX MONTHS"

an acting Chief Justice under Section 231(4)? This leads us to the inevitable consideration of Section 231(5) of the Constitution. By virtue of Section 231(5), appointment made under Section 231(4) shall cease to have effect after the expiration of three months from the date of such appointment, except on the recommendation of the NJC. It has earlier been submitted that having made its recommendation under Section 231(1) and forwarded same to Mr. President, the NJC has become constitutionally functus officio. Be it noted that Mr. President has not communicated with the NJC to give any scintilla of reason or excuse as to why the name of the person recommended by it under Section 231(1) has not been forwarded for confirmation. To the best of my knowledge as well, Mr. President has not expressed any reservation or communicated such to the NJC about the recommended candidate. Why then the suspense?

An equally bemusing question stares us in the face, that is, why turn the office of Chief Justice of Nigeria to a game of musical chairs? Why should we unnecessarily create a state of uncertainty and instability in the Judiciary, particularly, at the highest level? Nature abhors vacuum, and the Judiciary, like nature itself, detests a void. The Judiciary anchors and sustains our democracy, and my research shows that globally, there is no Judiciary that is being constantly called upon to adjudicate on and determine sensitive political matters like the Nigerian Judiciary.

If Nigeria as a country can rightly not afford the luxury of a vacuum in the office of President of Nigeria for one day, I submit with every respect and force, that we should stop toying with the idea of creating an avoidable, but dangerous vacuum in the office of Chief Justice of Nigeria.

The Judiciary is so sacred, central, unique, crucial, critical and pre-eminent to us as a nation, and we must do everything to safeguard its interest and protect its independence. Thus, all men of goodwill should join in the clarion call for the appointment of a substantive Chief Justice of Nigeria without any further delay!

Chief Olanipekun, SAN, former President, Nigerian Bar Association

here has been much frenzy, furor and hysteria over the appointment of the Hon Justice Walter Samuel Nkanu Onnoghen as Acting Chief Justice of Nigeria (CJN), rather than the substantive CJN. The debate has taken every dimension possible, including accusing the Federal Government of trying to suppress the right of one part of the country in favour of another.

This debate has generated a lot of heat, acrimony and self-generated anger, without generating a single ray of light. I have therefore, decided to intervene in the debate as a lawyer and as someone who is an occasional beneficiary of informal sources of information.

The appointment of the CJN is provided for in Section 231 of the Constitution. Basically, it provides that the President is the appointor. But for him to appoint, he must receive a recommendation from the National Judicial Council (NJC) after which he forwards the name of the appointee to Senate for confirmation. Thus, under normal circumstances, when he receives the recommendation of the NJC, he should, if he is satisfied with the nomination, pass on the name of the nominee to the Senate for confirmation.

Once Senate confirms the appointment, the nominee becomes the CJN after he has been sworn into office by the President.

Right of Rejection I pause here to disagree with Chief Wole Olanipekun, SAN, who in his two-piece article in the Vanguard, gave the impression that the President is either a cipher or a robot, who has to pass on a nomination coming from the NJC to the Senate without discretion, input or without the right of rejecting such an appointment and calling on the NJC to send other nominations.

The truth of the matter is that both, in particular, can turn down the recommendation of the NJC and request that another name be recommended. The President is not a rubber stamp of the NJC recommendations, nor a robot for the conveyance of recommendations from the NJC to the Senate.

This is where the President’s power to appoint an Acting CJN becomes important. By Section 231(4) of the Constitution, the President has the power to appoint the most senior Justice of the Supreme Court in an acting capacity, until a substantive Chief Justice is appointed.

But such an appointment lapses after three months and the President cannot re-appoint the same person as acting CJN unless he receives a recommendation to that effect from the NJC. Therefore, since at the time the acting appointment of Hon. Justice Onnoghen

was made, the office of the then Chief Justice of Nigeria was vacant, that appointment was validly made.

There has been extreme agitation and frenzy over the failure of the President to send Hon. Justice Onnoghen’s name for confirmation, literally within seconds of receiving the NJC’s recommendation.

These agitations have exhibited either ignorance, bad faith, or down-right primordial motives.

Turn by Turn Syndrome The crossroads at which we find ourselves today is entirely of the making of the NJC and the legal profession as a whole. Since the appointment of the Attorney-General, the Hon. Justice Taslim Elias in 1973, and the appointment of the Hon. Justice Augustine Nnamani, also Attorney-General a few years later, straight to the Supreme Court from outside the judiciary, all that has been happening in this country is in-breeding within the judiciary, whereby a person is appointed Judge of the High Court and after marking time as a good boy or girl, he is appointed to the Court of Appeal and after marking further time as a good boy or girl at the Court of Appeal, he is elevated to the Supreme Court. So, it has been a turn by turn syndrome.

Today, once you arrive at the Supreme Court, if there is no younger man amongst those already appointed before you, you can calculate to the exact second when you are going to be the CJN. So, the system is devoid of the merit, achievement and quality of the character of the appointees. It’s all automation as you ride on the judicial escalator from High Court Judge to the Supreme Court and then the position of the CJN. Judicial Corruption Up to the Supreme Court

"TODAY, ONCE YOU ARRIVE AT THE SUPREME COURT, IF THERE IS NO YOUNGER MAN AMONGST THOSE ALREADY APPOINTED BEFORE YOU, YOU CAN CALCULATE TO THE EXACT SECOND WHEN YOU ARE GOING TO BE THE CJN. SO, THE SYSTEM IS DEVOID OF THE MERIT, ACHIEVEMENT AND QUALITY OF THE CHARACTER OF THE APPOINTEES. IT’S ALL AUTOMATION AS YOU RIDE ON THE JUDICIAL ESCALATOR FROM HIGH COURT JUDGE TO THE SUPREME COURT AND THEN THE POSITION OF THE CJN"

Another major calamity that has hit the judicial system is the dawn of corruption right up to the Supreme Court.

Only a person, who has no love for this country will forget how the Supreme Court was almost abased by the stink of corruption after the 2007 elections that brought the late Yar’Adua to power.

To give an example, the ballot papers that were used by the INEC (Independent National Electoral Commission) were not bound in booklets, nor were they numbered serially, but they were nevertheless used for the presidential election. Unfortunately, four out of the seven Justices upheld that election, in effect, sanctioning an election in which it was impossible to distinguish between valid and invalid ballot papers and to follow any paper trail of ballot papers to their original destinations.

I am pleased to say that Hon. Justice Onnoghen, Justice of the Supreme Court (JSC), was one of the three Justices who nullified that election because of the use of the invalid ballot papers. The other two Judges were the Hon. Justice Michael Oguntade, JSC, and Hon. Justice Mariam Mukhtar. This is what the Hon. Justice Onnoghen said in nullifying the election that brought the Yar' Adua to power: “You cannot conduct an election properly so-called without valid ballot papers. By holding that there was substantial non-compliance with section 45(2) supra it tantamounts to holding that the election that was conducted on the 21st day of April, 2007 was done without valid ballot papers which to me, with the greatest respect, amounts to a nullity.

The situation being as found by the lower court it follows that there was no election known to law the result of which could have been substantially affected by the non-compliance as the non- compliance in this case is of the nature that invalidated the election.

To hold otherwise amounts to giving licence to those who conduct our elections to continue to do whatever they like, including creating loopholes for the rigging of our elections, thereby continuing to deny our electoral process the credibility it deserves in the community of democratic nations. How is one to know which ballot papers were sent to Sokoto, Katsina, Ebonyi, etc. when the ballot papers were not in booklet form and numbered serially? Even within the particular state where the ballot papers are sent for election, how do we know if ballot papers meant for one local government area or ward are not diverted and used in another or even not used at all but stuffed into the ballot boxes and counted as votes?

How can we determine a genuine ballot paper from a fake one when we agree that any paper can pass for a

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Can the President Refuse to Appoint Onnoghen, JSC as CJN? - Ikwueto

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s Montesquieu emphasised in De I’ Esprit des lois (the spirit of the laws 1748) Book xi Chapter 3, the hallmark of a democratic dispensation is that the three arms of Government (the Executive, the Legislature and the Judiciary) are presumed to be independent, though, exist for a healthy functioning of the polity.

Worrisome Departure from Tradition In what appeared to be a worrisome departure from a long held tradition, the President of the Federal Republic of Nigeria, President Muhammadu Buhari, appointed Honourable Justice Walter S.N. Onnoghen as the Acting CJN on 10 November, 2016. The President did not, as envisaged by Section 231(1) of the Constitution of the Federal Republic of Nigeria (as amended) (the Constitution) forward His Lordship’s name to the Senate of the Federal Republic of Nigeria for confirmation as the CJN. As a result, Hon Justice Onnoghen did not assume the functions of the office of CJN in a substantive capacity.

Instead, His Lordship’s appointment took effect in an Acting capacity, under Section 231(4) of the Constitution.

This, in and of itself, broke with over 100 years of tradition. Since the appointment of Sir Edwin Speed as the first Chief Justice of Nigeria in 1914, none of the nineteen incumbents of that office (prior to Hon. Justice Onnoghen) discharged their functions in an Acting capacity.

Is the Judiciary Independent?

A number of questions have been asked. Several theories have been propounded. Rumors have made rounds. Tension has gripped concerned stakeholders. The legal profession is once more on the spot. But the nagging issue is: whether the much touted independence of the judiciary as enshrined in our Constitution remains relevant. I am not referring to the financial independence/ autonomy of the Judiciary here. That is a topic for another time.

On the independence of the Judiciary vis-à-vis the appointment to the office of the Chief Justice of Nigeria, Section 231(1) of the Constitution clearly provides that: 231(1)The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation by the Senate.

It is an accepted canon of interpretation that in dealing with Constitutional provisions, particularly in our developing Constitutional democracy, the proper approach is to strive to sustain the objective of these Constitutional provisions.

Thus, in the celebrated case of NAFIU RABIU v STATE (1980) N.S.C.C. (Vol. 12) 291 at 301, one of the finest judicial minds in our living history, Sir Udo Udoma, J.S.C., put the position in these words: “My Lords, it is my view that the approach of this court to the construction of the Constitution should be, and so it has been, one of liberalism...I do not conceive it to be the duty of this court so to construe any of the provisions of the Constitution as to defeat the obvious ends the Constitution was designed to serve where another construction equally in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends.”

It follows, therefore, that in construing the meaning of the Constitutional provisions in Section 231 of the Constitution, care must be exercised in not omitting or otherwise truncating the objective of those provisions.

It is equally an acceptable canon of statutory interpretation that the Court, where expedient, should bear in mind the history behind such provision.See EZE v F.R.N. (1987) 2 SC 237 at 259.

A clear reading of the provisions of Section 231(1) of the 1999 Constitution unquestionably makes the case that the appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council (NJC). The appointment, however, is subject to confirmation

Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen and the immediate past Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed

by the Senate.

The pertinent question then is, whether the exercise of the power to appoint reserved to the President is in the nature of a duty imposed by the Constitution, or, does the President have a discretion to exercise in the matter? In other words, can the President in a Constitutional democracy such as ours refuse to make the appointment or even refuse to be bound by the recommendation made by the NJC or reject such a recommendation?

Appointing the CJN The Third Schedule, Part 1 of the 1999 Constitution established various Federal Executive bodies including the NJC. By paragraph 21(a)(i)thereof, the NJC is entrusted with the Constitutional power to:“recommend to the President from among the list of persons submitted to it by the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria....”

When the above provisions of Section 231(1) and paragraph 21(a) of the Third Schedule to the Constitution are read together, it is clear that in the appointment of a person to the office of Chief Justice of Nigeria, the following Statutory bodies are relevant and play interwoven roles, namely: a. The Federal Judicial Service Commission (FJSC), which is enjoined to send a list to the NJC; b. The NJC, which from the list sent to it by the FJSC “shall have power to recommend to the President” the person to be so appointed; c. The President of the Federal Republic of Nigeria, who shall make the appointment on the recommendation of the NJC; and d. The ultimate approval by the Senate, being that the appointment to be made is subject to confirmation by the Senate.

The subsidiary question is whether by the use of the word “shall” in Section 231(1) of the Constitution the exercise of the power of appointment by the President of the Federal Republic of Nigeria admits of any discretion. Is the President entitled to refuse to make an appointment after the NJC has made a recommendation from the list submitted to it (the NJC) by the FJSC? It is conceded that the ordinary meaning of the verb “recommend” (the noun form is “recommendation”) is to “write or speak in favour of (someone, something) to another as deserving employment”.

However, by virtue of Section 158(1) of the Constitution, the NJC, like other Federal Executive Bodies therein mentioned, shall not be subject to the direction or control of any other authority or person in exercising its power to make appointments.

From the holistic context of Section 231(1) of the 1999 Constitution read together with paragraph 21(a)(i) of the Third Schedule Part 1 of the Constitution, and in further recognition of the autonomy invested in the NJC by Section 158 of the Constitution, the real purpose is that, upon the NJC submitting the name of a person as qualified for appointment to the office of Chief Justice of Nigeria, the President of the Federal Republic of Nigeria shall exercise the power and fulfil the constitutional duty incumbent on him by making the appointment.

The appointment when made, shall only be subject to the confirmation by the Senate.

It is further submitted that, implicit in the Constitutional requirements is that when the President makes an appointment, same is not final as it is still subject to confirmation by the Senate. But an appointment must, in the first place, be made. This is the beauty of the Constitutional limitation of checks and balances guaranteed in a democracy where the three arms of Government, despite their independence, coexist in the greater interest of the polity.

President Must Not Stifle the NJC It is our respectful view that in keeping with the purposive approach to the construction of Constitutional provisions, the Legislature, by Section 231(1) read together with Section 158(1) and paragraph 21(a)(i) of the Third Schedule of the Constitution, would not have intended the absurd situation where the Executive arm (the President of the Federal Republic of Nigeria) will be entitled at his whims and caprices, to stifle the NJC and block the expected free flow of the Constitutional process for the appointment to the office of Chief Justice of Nigeria, by refusing to appoint a person recommended by the NJC. What will be the harm to the State if the subsection is given a liberal meaning by which the requirement thereof is interpreted from the angle that the power of appointment reserved to the President imposes a Constitutional duty,

"CAN THE PRESIDENT REFUSE TO ABIDE BY THE CONSTITUTION OF NIGERIA? OF COURSE, HE CANNOT AND OUR CONSTITUTIONAL DEVELOPMENT ABHORS SUCH AN UNJUSTIFIED DERELICTION OF DUTY. WITHOUT ANY EQUIVOCATION, IT IS SUBMITTED THAT THE ONLY QUALIFIED PERSON WHOM THE PRESIDENT CAN LEGITIMATELY APPOINT IS SUCH A PERSON WHOM THE NJC MUST HAVE, IN EXERCISE OF ITS CONSTITUTIONAL POWERS, RECOMMENDED FOR APPOINTMENT. NO OTHER PERSON CAN BE CONSTITUTIONALLY APPOINTED"

which the President must comply with? Is such a liberal approach offensive to law? No. The correct view of the law, as eruditely espoused

by Idigbe, JSC, is that:“where the question is whether the Constitution has used an expression in the wider or in the narrower sense, the court should always lean where the justice of the case so demands to the broader interpretation, unless there is something in the context or in the rest of the Constitution to indicate that the narrower interpretation will best carry out its object and purpose.”

A cursory look at the related provision of Section 231(3) throws a greater light on the subject. By Section 231(3) “a person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for not less than fifteen years.”

It is lame to argue that His Lordship, Hon. Justice W.S.N. Onnoghen eminently satisfies the Constitutional requirements of Section 231(3) reproduced above. It is also common knowledge that the NJC, in line with its Constitutional mandate, has since recommended him to the President for appointment as the Chief Justice of Nigeria.

Interest of the Rule of Law To the extent that the President has refused or refuses and or neglects to exercise the power of appointment incumbent on him, he is acting unconstitutionally and ought, in the interest of the rule of law, to take urgent steps to remedy the situation. Our democracy projects the rule of law and not rule of jungle.

The liberal/purposive approach advocated herein accords with the principle that a Constitutional power cannot be used by way of a condition to attain an unconstitutional result.

It will clearly lead to an unconstitutional result if the President refuses to exercise his power of appointment, and thereby, truncate the recommendation made by the NJC from the list submitted by the Federal Judicial Service Commission within the context of paragraph 21(a)(i) of the Third Schedule of the Constitution.

To take the words “on the recommendation” in Section 231(1) of the 1999 Constitution out of context and seek to apply a rigid literal meaning thereto will not only defeat the reasonable meaning and expectation of other provisions of the Constitution; such a stultifying narrow approach will amount to disregarding the public expectation of reasonable adherence to the hallowed principles of separation of powers.

Perhaps, it is apposite to make the point that from a dispassionate and correct interpretation of the provision of Section 231(1) read together with Section 231(4), there is no Constitutional power to appoint a person as Acting Chief Justice.

Where the NJC has exercised its Constitutional role and made the prescribed recommendation, the President cannot abdicate his Constitutional duty under the guise of appointing the person so recommended as Acting Chief Justice of Nigeria.

The law requires him to appoint the person recommended by the NJC as the substantive Chief Justice of Nigeria.

The President Must Abide by the Constitution Can the President refuse to abide by the Constitution of Nigeria? Of course, he cannot and Our Constitutional development abhors such an unjustified dereliction of duty. Without any equivocation, it is submitted that the only qualified person whom the President can legitimately appoint is such a person whom the NJC must have, in exercise of its Constitutional powers, recommended for appointment. No other person can be constitutionally appointed.

Lastly, and this is only for the greater interest of the much clamoured need for efficient and due administration of justice, it is on record that His Lordship, Hon. Justice W.S.N. Onnoghen has since he took up the position of “Acting Chief Justice” under Section 231(4) of the Constitution, shown remarkable determination to restore sanity and excellence to the legal profession.

Patrick I. N. Ikwueto, SAN, Abuja

07.02.2017

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A Constitutional Breach by the Executive - Okutepa

"F Historically

or the first time in the history of the transition of the Supreme Court, this is the first time that we are having an acting Chief Justice of Nigeria (CJN). It is not good for the stability of the Judiciary.

“It is not politically expedient for the President to do what he is doing now, because Nigerians are more sophisticated now. They ask questions and a lot of political meanings are being read into this appointment.

“This Acting CJN has been on the Supreme Court Bench. This is a man called to the Bar since 1978. So what reason does Mr President have, not to submit his name to the Senate?

The Constitution “Constitutionally, I do not think that the President can just keep quiet and not revert to the National Judicial Commission (NJC) or the Senate. He owes the entire nation a duty to say “look, I’m not appointing this person; this is the reason”. We are entitled to know why a person who has gone through a process at the Federal Judicial Service Commission (FJSC), who has gone through a process at the NJC, and who has been recommended to the President, has not been appointed. He is duty bound to explain why he is not appointing, because the NJC has become functus officio. It cannot recommend any other person, until the President either accepts or does not accept this one. In the case of non-acceptance, when the reasons for the decision are made known, Nigerians must be able to verify them.

The NJC submitted only one name, which effectively limits the choice.

“The appointment of the CJN is governed by Section 231 of the 1999 Constitution. There is no provision for political considerations and it could be dangerous for us to read a political meaning into the appointment to the office of the CJN. Nigeria is not like USA, where Judges are members of political parties. I am not aware of any judicial officer in Nigeria that is a member of any political party. So the President has no political choice to make. This is more of a constitutional breach on the part of the Executive.

“The President cannot reject the name of his Lordship, Honourable Justice Walter Nkannu Samuel Onnoghen and submit another name that is not recommended, because it is a tripartite or even a four-way constitutional procedure. The FJSC advices the NJC that outside the name of Lord Justice Onnoghen, this is the person we have recommended. NJC would then meet to consider that person and then recommend that person to Mr President. Mr President will then have to appoint that person, subject to confirmation by the Senate.

So until that step by step procedure is taken as set out in the grundnorm, the Constitution, any type of appointment will be unconstitutional, an aberration.

Therefore, I do not think that the President will do so, because he has no constitutional power to do so.

“The Constitution provides that the acting appointment is for a period of three months. But the NJC can still, by virtue of Section 231(5) of the 1999 Constitution recommend that his Lordship should still continue in the acting capacity, and the President is duty bound to so appoint him. But if the NJC fails to do the re-recommendation, and the President maintains to do the re-recommendation, and the President maintains the lackadaisical attitude of not submitting his name, then the Constitution says that the next most senior Supreme Court Justice becomes the Acting CJN. And I only say that God forbid that this should happen, because that would create instability and unseriousness in the eyes of the International Community. It will be seen in their eyes, that a very serious arm of government which is supposed to be independent, is with respect, being subjected to political manipulation.

Acting CJN's Policies “The Acting CJN has rolled out judicial policies that some of us believe that if they are allowed to be implemented, would help the speedy dispensation of justice, especially in the commercial sector, in this country.

If we have a pragmatic CJN who has rolled out good policies, one would expect the Executive who has a constitutional responsibility to send his name, so that the man can sit down to see to the effective and effectual implementation of these policies, so that we can have quick economic recovery via court decisions, and not

Senate President, Bukola Saraki

the hitherto delay in administration of justice.

“The Bar has spoken that delay is dangerous and we have no cause to say that the Bar is wrong.

Federal Character “There is a federal character provision in our constitution that says that appointments to various offices, including judicial officers, shall reflect federal character. It is not politically expedient for the President not to do the appointment, because people are now speculating political exclusion even though the office of the CJN is not a political office. But people believe and rightly so, that his Lordship is not being considered because of the geographical place where he comes from. Whether this is right or not, that is the perception.

“This government has so many wars to contend with, the war of poverty, the war of the belief of the Nigerian people that the suffering that they are facing now is a function of ineptitude of government. Whether this is right or not, that is the people’s perception."

Jibrin Okutepa, SAN

NO, CJN APPOINTEE NEED NOT BE THE MOST SENIOR JUSTICE - SAGAY ballot paper and be used in an election and assume that such an action of non- compliance does not affect the result of the ‘election’?” (BUHARI v INEC; YAR’ADUA & ORS [2009] 7 WRN, 1 at pp. 275-6)."

With the above background of in-breeding, absence of merit and later corruption, would it be responsible for the President to automatically, in a robot-like manner, transmit every name received from the NJC to the Senate? The answer is a solid No. This is where appointment as Acting Chief Justice is important. It gives the President the opportunity of studying the appointee for CJN for a period of three months in order to determine for himself whether the recommendation was justified. This load has fallen on the President because of the failure of the NJC to exercise due diligence in the past when making recommendations to the Presi-

dent. From my own perspective, without any privileged information, I believe that this is the process ongoing right now.

The lack of due diligence on the part of the NJC allowed at least two Justices of the Supreme Court to slip through the net of judicial vetting to become the CJN. And that became a permanent embarrassment to the Judiciary and Nigeria as a whole.

Up till today, one of them calling himself Consultant, regularly carries money to his former colleagues, still serving in the judiciary, to buy justice for his Law Chamber clients.

The other one specialises in dollars and distributing it amongst vulnerable colleagues. These are the types of Justices who have brought ruin to the judiciary, making it necessary for close vetting of candidates for CJN at the presidential level.

"THE ACTING CJN HAS ROLLED OUT JUDICIAL POLICIES THAT SOME OF US BELIEVE THAT IF THEY ARE ALLOWED TO BE IMPLEMENTED, WOULD HELP THE SPEEDY DISPENSATION OF JUSTICE, ESPECIALLY IN THE COMMERCIAL SECTOR, IN THIS COUNTRY. IF WE HAVE A PRAGMATIC CJN WHO HAS ROLLED OUT GOOD POLICIES, ONE WOULD EXPECT THE EXECUTIVE WHO HAS A CONSTITUTIONAL RESPONSIBILITY TO SEND HIS NAME, SO THAT THE MAN CAN SIT DOWN TO SEE TO THE EFFECTIVE AND EFFECTUAL IMPLEMENTATION OF THESE POLICIES, SO THAT WE CAN HAVE QUICK ECONOMIC RECOVERY VIA COURT DECISIONS, AND NOT THE HITHERTO DELAY IN ADMINISTRATION OF JUSTICE"

CONTINUED FROM PAGE 9

Recommendations to the NJC In concluding this intervention, I wish to make the following recommendations to the NJC in order to improve the quality of appointments to the Supreme Court.

They are: • There is need to inject fresh blood into our judicial system by appointing qualified lawyers from outside the bench straight to the Court of Appeal and the Supreme Court. In this regard, senior law academics in our universities and senior renowned legal practitioners of integrity and acclaimed knowledge and skill in law should be an additional source to the appointment of appellate Judges, even as CJN, directly.

• An appointee to the position of Chief Justice need not be the most Senior Justices of the Supreme Court. We must take into consideration the reputation, the

integrity, the skill, productivity, established reputation of the candidate before appointing him to the position of CJN. It is unhealthy to the judicial system and the performance and integrity of the Supreme Court, to continue with the present system in which a recently appointed Justice of the Supreme Court could calculate the date in which he is going to become the Chief Justice of Nigeria based on the ages of those above him in the hierarchy.

I therefore appeal that our notoriously loquacious and unrestrained compatriots should desist from further hysteria to allow the acting CJN to earn his position on his own merit rather than create a frenzy and furor, which can result in the very opposite of what they are loudly agitating for.

Prof Itse Sagay, SAN, Chairman, Presidential Advisory Committee Against Corruption (PACAC)

12/COVER

07.02.2017

Appointment of CJN: Recommendations and their Bindingness - Majebi

T

The Constitution he part of the Constitution that deals with the appointment of a CJN is section 231(1) of the 1999 Constitution and the wordings of that section of is as follows "The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council....."

Definition of Recommendation The pertinent question to me is the meaning of the word "recommendation"! Is the President under a legal duty to forward the name of anyone recommended by the NJC to the Senate for Confirmation as CJN? I searched both online and paperback dictionaries for the meaning of the words "recommend" and "recommendation" and this is what I found : 1. Oxford Advanced Learners Dictionary 9th edition defines "recommend" thus " (a) to tell somebody that something is good or useful or that somebody would be suitable for a particular job" (b) to advice a particular course of action ...

2. Funk and Wagnall's Standard Dictionary International Edition Vol 2 defines recommend thus " to advice; urge " 3. Blacks Law Dictionary 5th Edition ... Recommend means " to advice or counsel" In all of these definitions it is clear that to recommend is to advice, and not to order or obligate. This position is further confirmed by Black's definition of the word "Recommendation" thus : "The act of one person in giving to another a favourable account of the character, responsibility or skill of a Third.....Recommendation refers to an action which is advisory in nature rather than one having any binding effect" These definitions, I believe, largely conclusively settle the matter on the purport of the words "recommend" and "recommendation"!

Section 231 of the 1999 Constitution In my humble opinion I submit that it is very clear from the wordings of the Constitution that the power to appoint a CJN rests solely with the President. Under section 231(1) the other bodies mentioned in that section were given specific roles to play in the process of appointing a new CJN e.g the NJC is to "recommend".... The Senate is to "confirm"...!

The word "appoint" in section 231 is not in anyway associated with the NJC or the Senate.

If as a school of thought postulates, the President has no say in the appointment of the person recommended by the NJC and all the President is expected to do is receive the name from the NJC and forward it to the Senate. That will be tantamount to saying that it is the NJC that has power to appoint the CJN, and not the President. For under such a scenario the NJC might as well send the name straight to the Senate with no reference to the President. Yet the wordings of section 231(1) as to who has the power to appoint the CJN are very unambiguous!

The 3 key actions in appointing a new CJN in section 231 are (a)appoint (b) recommendation (c) confirm and the framers of the Constitution clearly assigned these 3 key actions to different institutions ...President to appoint....NJC to recommend and Senate to confirm!

NJC Recommendation: Advisory, not Binding One other reason why I submit that the NJC recommendation to the President on the appointment of the CJN is merely advisory and NOT binding, is the fact that both the Federal Judicial Service Commission (FJSC) and the NJC under section 153 and the 3rd schedule to the 1999 Constitution are clearly listed as Executive Bodies NOT Judicial Bodies. Section 153 is contained in chapter VI of the Constitution which establishes the Executive arm of Government .... The FJSC and the NJC were not created by or under Chapter VII of the Constitution which establishes the Judiciary.

I am of the opinion that the NJC, though made up of Judges, is an Executive body that performs executive functions and is a body subordinate to the President who is the Head of the Executive arm of Government. And there is just no way

Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

the recommendations of a subordinate body can bind the superior body......except where the law expressly states so!

A judge whilst functioning as a member of NJC or FJSC is subordinate to the President but when the same Judge sits in his court to perform purely Judicial functions, he is in no way subordinate to the President ... And can in fact invalidate actions of the President! That is how the Presidential

"I AM OF THE OPINION THAT THE NJC, THOUGH MADE UP OF JUDGES, IS AN EXECUTIVE BODY THAT PERFORMS EXECUTIVE FUNCTIONS AND IS A BODY SUBORDINATE TO THE PRESIDENT WHO IS THE HEAD OF THE EXECUTIVE ARM OF GOVERNMENT. AND THERE IS JUST NO WAY THE RECOMMENDATIONS OF A SUBORDINATE BODY CAN BIND THE SUPERIOR BODY......EXCEPT WHERE THE LAW EXPRESSLY STATES SO!"

Constitution works.

I am not unaware of some decided cases which seem to have held that the NJC recommendation on the nominee for CJN is binding on the President... I note them, but with all due respect, I disagree with them because any such view in my own humble opinion, is without any solid legal foundation!

Power of the President The Framers of the Constitution in their wisdom, must have had their reasons for creating such convoluted appointment procedures for the CJ of Nigeria .....unlike in the situation in America where the President has unfettered discretion to appoint a CJN, subject only to Senate confirmation ....but I do not by any stretch of the imagination want to believe that the framers of our Constitution had in mind a situation where the power of the Executive President (as Head of the Executive arm of Government) to appoint a CJN would be made subsidiary to the power of recommendation by a subordinate Executive body!

Under the Doctrine of Checks and Balances, the Senate can refuse the appointment of the President's candidate for CJN and the Judiciary can also set the appointment aside in a judicial proceeding, but I do not know under what constitutional reasoning a body under the Executive can supplant the President's Constitutional power to appoint a new CJN, by imposing its recommendation on him!

Emmanuel Majebi, Legal Practitioner, Lagos

T H I S D AY TUESDAY FEBRUARY 7, 2017

13

14/IMAGES

07.02.2017

The Lagos State Ministry of Justice held a stakeholders’ Summit last week at the Eko Hotel & Suites, Victoria Island, Lagos with the theme: "Contemporary Trends: Catalysts For Justice Sector Reform In Lagos State".

Here are some of the distinguished legal personalities who attended the two-day event. photos: Kolawole Alli

L-R: Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN, Lagos State Governor, Mr. Akinwunmi Ambode, Oba of Lagos, Oba Rilwan Akiolu, Lagos State Deputy-Governor, Dr. Idiat Adebule, Lagos State AttorneyGeneral and Commissioner for Justice, Mr. Adeniji Kazeem and Lagos State Chief Judge, Hon. Justice Funmilayo Atilade

Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem and Lagos State Chief Judge, Hon. Justice Funmilayo Atilade

Former NBA President, Chief Wole Olanipekun SAN (left) and Hon. Justice Wale Abiru of the Court of Appeal

Panelists: Mr. Charles Adeogun (left) and former Lagos State Attorney-General and Commissioner for Justice,, Mr. Supo Shasore SAN

Panelists: Hon. Justice Adenike Coker of the Lagos High Court and former Lagos State SolicitorGeneral, Mr. Lawal Pedro SAN

L-R: Chief of Staff to Vice President, Mr. Ade Ipaye, Minority Leader, Lagos House of Assembly, Hon. Agunbiade Sanni and former Lagos Satte Commissioner for Information and Strategy, Mr. Opeyemi Bamidele

Panelists: Mr. Babatunde Fagbohunlu, SAN (let) and Borno State Chief Judge, Mr. Kashim Zannah

Hon. Justice Oluwatoyin Ipaye (left) and Hon. Justice Morenike Obadina both of the Lagos High Court

Lagos State Commissioner of Police, Mr. Fatai Owoseni and CSP Area F Command, Oluwakemi M. Tijani.

Facilitator, Enugu State Justice Reform Team, Mrs. Anayo J. Offiah SAN and Attorney-General and Delta State Attorney-General and Commissioner for Justice, Peter Mrakpor.

07.02.2017

IMAGES/15

L-R: Mr. Supo Olaibi, Professor Akin Oyebode and Mr. Femi Falana SAN

L-R: Judge of the International Criminal Court, Judge Chile Eboe-Osuji, Hon. Justice Oludotun Adefope-Okojie of the Court of Appeal and Mr. Kemi Pinheiro SAN

L-R: Secretary to Lagos State Government, Mr. Tunji Bello, Ms Funke Aboyade SAN, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem and Editor, THISDAY LAWYER, Mrs. Onikepo Braithwaite

L-R: Mr. Gbenga Oyebode, Mr. Fola Arthur-Worrey and Panelist, Mr. Oba Nsugbe QC, SAN

L-R: Mr. Dele Adesina SAN, Professor Ernest Ojukwu SAN and former Commissioner for Education, Cross River State, Mrs. Olayinka Oladunjoye

L-R: Mr. Ayodele Akintunde SAN, Chief Emeka Ngige SAN and Mr Kunle Ogunba SAN

Chairman, Lagos State House of Assembly Committee on Judiciary, Ethics & Privileges, Hon. Funmi Tejuosho and National Legal Adviser of All Progressives Congress (APC), Dr. Muiz Banire SAN

Professor Taiwo Osipitan SAN (left) and President, ITSI Biosciences, USA, Dr. Richard Somiari

Hon. Bababtunde Ogala (left) and Mr. Joe-Kyari Gadzama SAN

Panelist, Mr. Gbolahan Adeniran

Panelist, Mr. Adebisi Quadri

Panelist, Mr. Tunde Busari SAN

16/TRIBUTE

07.02.2017

Emeritus Professor Adedokun Adeyemi: A Legal Colossus Dr. Akeem Bello, in his tribute, celebrates the life and times of the late Emeritus Professor Adedokun Adeyemi, who passed on to eternal glory on November 1st, 2016; perhaps the best known Nigerian Professor of Law with the greatest contribution to the United Nations System in Criminal Justice and Criminology

E

meritus Professor Adedokun Adebayo Adeyemi born on the 5th of May, 1940 was a legal colossus. After an impactful life, he slept in the Lord on 1st of November, 2016.

Educational History Emeritus Professor Adeyemi received his primary school education at the Sant Paul’s School Yemetu, Ibadan between 1945 and 1953 where he obtained a First School Leaving Certificate. He had his secondary school education at the famous Ibadan Grammar School, Molete, Ibadan where he earned a West African School Certificate Grade I qualification.

This was followed by his admission into the Law Degree Programme at the University of Hull, England in October 1960.

After graduation he was admitted to the prestigious Inner Temple, London for his professional legal education between 1960 and 1963. He returned to Nigeria briefly in 1963 for his second professional training at the Nigerian Law School.

Between 1964 and 1965 he obtained a Master of Laws Degree in Law and Criminology at the renowned London School of Economics, University of London, England. He furthered his interest in criminology by obtaining a Post Graduate Diploma in Criminology from the Institute of Criminology, Faculty of Law, University of Cambridge. His advanced studies in criminology prepared him for a distinguished life and career as (arguably) the foremost criminologist ever produced by Nigeria.

Academic Accomplishments Mr. A. A. Adeyemi (as he then was) began an illustrious academic career as an Assistant Lecturer, Faculty of law, University of Ife (now Obafemi Awolowo University) in 1966. He was appointed Lecturer Grade II at the Faculty of Law, University of Lagos on the 3rd of August, 1967. He rose rapidly through the ranks within a short period of twelve years to become a Professor in the Department of Public Law, Faculty of Law, University of Lagos. He taught and examined at undergraduate, postgraduate and at doctoral levels. His specialities include Criminology, Criminal Law, Sentencing and Treatment of Offenders, Human Rights Law, and Child Rights Law. As at January, 2007 (as stated in a 2007 CV) Emeritus Professor Adeyemi’s academic publications were 41 chapters’ contributions in books, 22 articles in learned journals, 6 comments on cases and statutes, 26 Monographs/Commissioned works, 35 papers presented at international conferences, and 31 papers presented at national conferences. Emeritus Professor Adeyemi was the founding Editor-in-Chief of the Nigerian Journal of Public Law, and acted as Editor to the Nigerian Law Journal (the official Journal of the Nigerian Association of Law Teachers between 1999-2006) and the Nigerian Journal of Criminology between 1974-1980. The late Emeritus Professor was an amiable and a favourite lecturer with his students, and his sense of humour and candour was second to none.

Contributions to the University Emeritus Professor Adeyemi served the University of Lagos community with dedication and distinction in various capacities. As a law teacher he was outstanding as attested to by generations of students, many of whom have also risen to the pinnacle of the legal profession as Law Professors, Senior Advocates of Nigeria, Judges etc. He served as the Head of Department of Public Law, Faculty of Law, University of Lagos between 1979 - 1980 and 1986-2000. He was Dean, School of Postgraduate Studies 1984-1986. As a Professor, he was member of Senate of the University for several years and served as chairperson and member of several important University and Senate Committees on diverse subject-matters.

He contributed immensely towards uplifting the research status of the University by attracting several Research Grants for several cutting-edge research projects. The most significant research grant attracted by late Emeritus Professor Adeyemi to the University was the N60.000,000.00 Naira received from the United Nations Development Systems comprising UNICEF, ILO-IPEC and UNODC. The grant was in support of a National Baseline Survey on Child Protection Issues 2004-2007 in Partnership with the University of Lagos CRC Chair in the Department of Public Law. Prof’s time as a full-time staff of the University ran its full course and he retired from the services of the University on 6th

around midnight to his satisfaction, for an examination that ended around 6.00 pm in the evening!! That was the extent to which Prof. was willing to go to ensure that everything was done properly. The following are some of Prof’s colleagues whom he mentored (some were his former students) and who have risen to various academic positions: Professor Yemi Osinbajo, SAN (Vice- President, Federal Republic of Nigeria); Professor T.A.I. Osipitan, SAN, Professor Yemisi Bamgbose (University of Ibadan); Professor Kehinde Mowoe, Professor Oyelowo Oyewo, Professor P.K. Fogam; Professor Akin Ibidapo-Obe; Professor Ige Bolodeoku, the current dean of the Faculty, Professor Ayodele Atsenuwa, Dr Gbenga Akingbehin, and Dr. Akeem Olajide Bello amongst others.

The late Emeritus Professor Adedokun Adeyemi

May, 2005. He certainly was not yet tired and the University offered him a post retirement appointment as Contract Professor and Adjunct Professor before his well-deserved elevation to the prestigious status of Emeritus Professor of Law. Impact of Emeritus Professor Adeyemi’s Life on others Jackie Robinson once said that “A life is not important except in the impact it has on other lives.”1 Emeritus Professor Adeyemi’s life had great influence in shaping and nurturing the life of others. Prof. had a father and cult like figure in the Faculty of Law. Many of his students, some of whom later became his colleagues, benefitted immensely from his leadership and mentoring qualities. The stories of how he would ensure that the department of Public Law was always the first to process and grade students’ scripts and results were told to younger generation of lecturers, long after he served as Head of Department. He was the custodian of institutional knowledge of University rules and Senate decisions, always quick to remind all of relevant rules and decisions including when they were made and the occasion. Prof. was therefore naturally a stickler for rules, due process and procedure. Many of his junior colleagues benefitted and learnt from his meticulousness and his eye for detail.

1 Jackie Robinson, an American professional baseball second baseman who became the first African American to play in Major League Baseball in the modern era.

An incident during his tenure as Dean of the faculty attested to his meticulousness. As Dean, Prof. would always double check and ensure that Faculty Examination Officers certify to him personally, that the answer scripts returned to the Dean’s Office after each examination tallied with the attendance register and the control sheet signed by students after submitting their answer scripts. On one occasion, Prof. insisted that invigilators and examination officers must reconcile the number of scripts, with the number of students listed on the attendance register and control sheets. The matter was eventually resolved

"JACKIE ROBINSON ONCE SAID THAT “A LIFE IS NOT IMPORTANT EXCEPT IN THE IMPACT IT HAS ON OTHER LIVES.” EMERITUS PROFESSOR ADEYEMI’S LIFE HAD GREAT INFLUENCE IN SHAPING AND NURTURING THE LIFE OF OTHERS. PROF. HAD A FATHER AND CULT LIKE FIGURE IN THE FACULTY OF LAW. MANY OF HIS STUDENTS, SOME OF WHOM LATER BECAME HIS COLLEAGUES, BENEFITTED IMMENSELY FROM HIS LEADERSHIP AND MENTORING QUALITIES"

Contributions to National Development Late Emeritus Professor Adeyemi, served Nigeria with distinction in various important leadership and advisory capacities. The following instances amongst many others can be said to top the list of his contributions to national development: (i) The Bills drafted in various capacities for the Nigerian Government includes: (a) Co-drafted the Corruption and other Economic Crimes Bill 1990. (b) Criminal Justice (Victims Remedy) Bill 1990. (c) Co-drafted the Unified Criminal Code of Nigeria, 1993. (d) Drafted the United Nations Convention on the Rights of the Child and the Organisation of African Unity Charter on the Rights and Welfare of the Child Enforcement Bill 2000. (e) Drafted the Children’s Bill 2001 later enacted as the Child’s Rights Act. (f) Co-drafted the Bill Prohibiting Discrimination Against Women in Nigeria, 2006. (ii) He was the Nigerian Nominated Expert, Elected by the United Nations Economic and Social Council to its Committee on Crime Prevention and Control (1979-1984). (iii) Leader of Nigerian Delegation to the Seventh United Nations Congress for the Prevention of Crime and the Treatment of Offenders held in Milan Italy, 26 August to 6th September 1985.

Contributions to the United Nations System Emeritus Professor Adeyemi is perhaps to date easily the best-known Nigerian Professor of Law with the greatest contribution to the United Nations System in criminal justice and criminology. Top on the list of his contributions was his appointment and service as Director of Justice Division, United Nations Operation in Somalia (UNISOM II) from 6th November 1993 to 2 April 1995. Prof. also contributed to developments in the United Nations System with the following achievements amongst many others: (i) Chairperson of the Group of Governmental Experts on the Establishment of the United Nations African Regional Institute on the Prevention of Crime and Treatment of Offenders, New York September, 1986. (ii) Consultant to the United Nations for Producing the Seminal Draft of the United Nations International Code of Conduct for Public Officials, 1989. (iii) Member of the Council and of the Executive Board of the International Scientific Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme, Milan, 1991-2004. (iv) Member of the Board of Trustees of the United Nations Interregional Crime and Justice Research Institute Rome, 1997-2001. (v) President of the Board of Trustees of the United Nations Crime and Justice Research Institute, Rome (1991-2000 and Turin (2000-2001). (vi) One of the international experts that finalised the drafting of the United Nations Convention on Narcotic Drugs and Psychotropic Substances, 1988.

Conclusion Late Emeritus Professor Adedokun Adebayo Adeyemi bestrode the “wide” world of criminal law, criminology, criminal justice, sentencing and treatment of offenders, human rights law like a colossus. He left an indelible mark on the sands of times. May his gentle soul rest in peace in the bosom of the Lord. Amen!!

Akeem Olajide Bello, PhD, Department of Public Law, University of Lagos

T H I S D AY • ue

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Quick Takes Air Peace Flies into Accra Feb 16

One of Nigeria’s growing domestic carrier, Air Peace has announced daily Lagos-Accra-Lagos flights.

The airline said inaugural flight for the route is scheduled for February 16 and this would mark the beginning of the realisation of the carrier’s plan to expand into different regional and international destinations, including Abidjan, Douala, Dakar, Niamey, South Africa, Dubai, Mumbai, Guangzhou-China, Atlanta and London.

The maiden flight out of Nigeria into Kotoka International Airport (KIA), Accra, Ghana would take off from the Murtala Muhammed International Airport, Lagos at 7 a.m. local time with return flight to Lagos at 8 a.m. (GMT).

The airline also hopes to start Abuja-Accra flights.

A statement from the Corporate Communications Manager of Air Peace, Mr. Chris Iwarah said, “We are pleased to announce the commencement of daily flights from Lagos into Accra and from Accra into Lagos from Thursday, February 16, 2017. The launch of our Lagos-Accra-Lagos route is for us a dream come true in our plan to take our spectacular flight experience to the West Coast, the African continent and other international destinations.

US Rig Count Rises to Highest

MTN/ARSENAL PARTNERSHIP

L-R: Chairman, MTN Nigerian, Pascal Dozie; Head of Partner Services, Arsenal FC, Gordon Tannock; Director, MTN Nigeria, Tunde Folawiyo and Chief Operating Officer, MTN Nigeria, Muhammad Siddiqui, during the formal announcement of the MTN/Arsenal partnership held at the IMAX Studios, Lagos …recently

Despite NNPC’s Intervention, Ex-depot Price of Petrol Still High Ejiofor Alike In spite of the intervention of the Nigerian National Petroleum Corporation (NNPC) to flood the market with imported petrol, the ex-depot price of the product is still higher than the government’s approved N123.28 –N133.28 per litre ex-depot price band, THISDAY has learnt.

THISDAY gathered that following the hike in the ex-depot price with some depot owners selling at N142 per litre, PPMC flooded the private depots with petrol.

Apart from the six marketers –Oando, Mobil, Total, Forte Oil, Conoil and MRS - that receive constant supply of petrol from the NNPC, only

ENERGY few depot owners had petrol early last week.

These depots include: Aiteo, D-Jones, Gulf Treasure, Honeywell, Integrated Oil and Gas, Obat, and Rahamaniyya.

Investigation, however, revealed that the product in some of these depots belonged to third parties under throughput arrangement.

The non-availability of petrol in most depots had led to price hike with some depot owners selling petrol for N142 per litre, which was far above the government’s approved ex-depot price.

But following the intervention of the NNPC, more depots had petrol at the weekend, according

to investigation.

THISDAY’s market survey showed that petrol was available in AA Rano, Aiteo, D-Jones, Eterna Oil, Folawiyo, Gulf Treasure, Heyden, Integrated Oil, MRS, NIPCO, and Rahamaniyya at the weekend.

The availability of petrol in many depots, it was learnt, has led to a drop in the ex-depot price but the prices in most depots are still above the official price.

THISDAY gathered that the prices in most of the depots range from N136, 138, 138.50, 139 and N139.50 unlike early last week when some depots sold at N141 – N142 per litre.

A marketer, who spoke to THISDAY on condition of anonymity, attributed the

availability of petrol in more depots to the intervention of PPMC. “PPMC brought more vessels for many depots to take product. That is why supply is relatively better than last week.

But even when NNPC flood the high sea with imported vessels, the challenge is how those vessels will discharge product. NNPC has only two jetties where their vessels can discharge product. So, only two vessels can discharge at a time.

When one vessel is discharging, up to seven marketers will be waiting to take product from the vessel. By the time the sixth and seventh marketer are loading product from the Continued on page 22

NERC Wants Gas Price Indexed to Power Generation Companies in Naira Chineme Okafor in Abuja The Nigerian Electricity Regulatory Commission (NERC) has proposed to the federal government a review of gas pricing to electricity generation companies (Gencos) from dollar to naira-denominated.

The commission said it has become imperative that the pricing policy be reviewed to relieve the electricity market of the pressure from foreign exchange, following Nigeria’s current economic challenges, which it said impacted on electricity production by Gencos, which pay for gas in dollars.

A statement from the commis-

ENERGY sion’s head of public affairs, Dr. Usman Arabi in Abuja, which stated this, also unveiled the agency’s plan to commission 10 new forum offices across the country to boost customer service deliveries by the 11 electricity distribution companies (Discos). NERC said it was saddled with the job of protecting the interest of both consumers and investors as regards electricity pricing and supply in Nigeria, hence its desire to ensure the growth of the sector.

It, however, said that the country’s current economic

condition was a huge challenge to the sector and its regulatory job, adding that it was looking for ways to overcome the challenges.

“As Nigerians are fully aware, the macroeconomic indices such as the rate of inflation and exchange rate have steadily gone up over the last one year.

This increase has affected the prices of all other commodities in the country. The purchasing power of naira has crashed to all time low within the last couple of months. The MYTO methodology (pricing methodology) mandates the commission to carry out a minor review of the tariff bi-annually and adjust

these exogenous factors that are beyond the control of the investors and the regulators,” said NERC. “The official exchange rate in the country has risen from N198.97 to over N305.05 to a dollar. Kindly note that the unofficial (black market) exchange rate is about N500 to a USD. This alone is bound to trigger an increase in electricity tariff given the fact that all equipment, spare parts, meters used for the generation, transmission and distribution of electricity in Nigeria are imported. Electricity is therefore a product like any Continued on page 22

US energy companies added oil rigs for a 13th week in the last 14, extending a nine-month recovery as drillers take advantage of crude prices that have held mostly over $50 a barrel since OPEC agreed to cut supplies in late November.

Drillers added 17 oil rigs in the week to Feb. 3, bringing the total count up to 583, the most since October 2015, energy services firm Baker Hughes Inc said on Friday.

During the same week a year ago, there were 467 active oil rigs. Since crude prices first topped $50 a barrel in May after recovering from 13-year lows last February, drillers have added a total of 267 oil rigs in 32 of the past 36 weeks, the biggest recovery in rigs since a global oil glut crushed the market over two years starting in mid 2014.

Baker Hughes oil rig count plunged from a record 1,609 in October 2014 to a six-year low of 316 in May as US crude collapsed from over $107 a barrel in June 2014 to near $26 in February 2016.

US crude futures were trading around $54 a barrel on Friday and set for a seventh weekly increase in the last eight as the Organization of the Petroleum Exporting Countries (OPEC) and non-OPEC producers follow through on plans to reduce production in an effort to end a global oil glut and raise prices.

Ghana Misses Growth Targets

Ghana will miss its 2016 targets on growth, fiscal deficit reduction and its primary balance, but it intends to restore fiscal discipline and eliminate overexpenditure, Finance Minister Ken Ofori-Atta said at the weekend.

The new government said this week it inherited debt from state-owned enterprises and government ministries of at least 7 billion cedis ($1.6 billion) and a budget deficit close to “double digits” compared with a 2016 target of 5 percent of GDP. Ofori-Atta said the government is hopeful of meeting the challenges by enforcing strict financial discipline.

“We are hopeful because we believe that we can restore policy credibility and we would be able to enforce the public financial management act to restore the discipline that is required to stabilize the economy,” Ofori-Atta told reporters.

Ghana, which exports cocoa, gold and oil, is halfway through a three-year, $918 million International Monetary Fund programme aimed at restoring fiscal balance and promoting growth.

In all honesty, I think there has been a huge improvement in the quality of media services offered by the main media independent players in the last few years A former Chief Executive of Guinness Nigeria, Seni Adetu

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BUSINESSWORLD DESPITE NNPC’S INTERVENTION, EX-DEPOT PRICE OF PETROL STILL HIGH

vessel, the first marketer that loaded product must have exhausted the product in its depot. That is why the price cannot come down,” the marketer explained.

The marketers had after a two-day consultative forum of the downstream petroleum sector, which was recently convened by the Chief of Staff to the President, Mallam Abba Kyari, restated their commitment to the N145 pump price.

But the high cost of product at the depots is making it difficult for the marketers to break even at N145 pump price.

NERC WANTS GAS PRICE INDEXED TO POWER GENERATION COMPANIES IN NAIRA

other product that is affected by changes in micro economic indices,” NERC added.

The commission further added: “Secondly, the rate of inflation has risen to 18.55 per cent as at 1st February 2017 as against the 8.3 per cent used in the tariff computation. Similarly the available electricity generation has dropped from the projected 7,199MW in 2017 to under 4,000MW. The drop in power generation is due to vandalism of key facilities.

“It is also a known fact that over 80 per cent of the electricity generated in Nigeria is from gas fired power plant.

The gas price is indexed to the US$ as the generators pay the gas suppliers in dollars. The commission has proposed to the government the option of pricing gas in local currency to mitigate the foreign exchange risk which is the major cause for the gap in tariff.”

NERC also said it was not oblivious of the economic hardship faced by Nigerians, and that it would undertake a tariff review at an appropriate time and manner with the aim of ensuring that the electricity market remains operational.

On the 10 new forum offices it said it would open, NERC said it was important to continue to give electricity consumers the opportunity to hold the Discos accountable to their jobs through an unbiased umpire.

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)

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FG Seeks to Augment Petrol, Diesel Consumption With Biofuel Chineme Okafor in Abuja The federal government will soon insist that a minimum of 10 and 20 per cent of biofuel be added to every litre of petrol and diesel, respectively in petrol stations across the country, the Petroleum Products Pricing Regulatory Agency (PPPRA) has disclosed.

According to the PPPRA, a national policy on biofuel development, which would provide the incentive for the growth of biofuel consumption in the country was underway and could be passed into law soon.

The policy, the PPPRA said, would ensure that bioethanol and biodiesel, which are blends of petroleum products and agricultural products, are readily available in Nigeria.

It said the policy was part of efforts to diversify Nigeria’s energy sources and respect global convention on climate change with the inclusion of alternative clean options.

The Executive Secretary of PPPRA, Mr. Victor Shidok recently said this during a press briefing in Abuja to announce the agency’s planned launch of a national capacity workshop for biofuel. He explained that the workshop would enlighten Nigerians on the benefits of biofuel as part of the country’s energy mix.

The PPPRA, he noted would also provide the pricing guideline and regulations of supply of biofuels in the country when in place.

“Biofuels simply comprise of bioethanol and biodiesel which are blends of petroleum

products and agricultural products. Bioethanol E-10 for instance is a blend of 90 per cent gasoline and 10 per cent ethanol, while biodiesel B-20 is a blend of 80 per cent diesel and 20 per cent oil from jathropha, used palm oil,” said Shidok.

He explained that when in operation at a time yet to be announced by the government, the agency would demand that for every litre of petrol

sold, 10 per cent of ethanol would be added to it, and 20 per cent of oil from Jathropha or used palm oil to diesel.

Shidok who said the policy was introduced in 2007 but could not be pushed further until now, explained that a lot of research has gone into the process but at no expense to the government but private entities who he stated have shown commitment to helping Nigeria adopt this in her

energy mix.

On the benefits Nigeria could derive from including biofuel in her energy mix, Shidok said it would create jobs for the country, support her agricultural development, and generate electricity in communities across the country.

He noted that the country’s challenges with foreign exchange for fuel importations could also be impacted with an expected reduction in the

overall volume of petroleum products imported in the country as well as in foreign exchange demands for such importations.

“This harmony will lead to more jobs in the petroleum and agricultural sectors of our economy. A lot more advantages accrue from this new industry which offers an alternative to fossil fuel thus providing cleaner and cheaper energy,” added Shidok.

WE ARE IMPRESSED

L-R: Lagos State Coordinator, Raw Materials Research and Development Council/Representative of Director General, RMRDC, Mr. Tokunbo Habeeb; Scientific Officer, RMRDC, Ogunyemi Moyofoluwa; General Manager, Erisco Foods Limited, Mr. Adetokunbo Agbede; Executive Director, Erisco Foods Limited, Mr. Nnaemeka Umeofia,and Factory Manager, Erisco Foods Limited, Mr. Anselem Agummadu, during the Working visit and Factory Inspection of RMRDC Executives to Erisco Foods Limited in Lagos… recently

ExxonMobil Earns $7.8bn in 2016, Compared to $16.2bn in 2015 Discoveries in Nigeria, two others boost company’s portfolio Ejiofor Alike Exxon Mobil Corporation has announced estimated 2016 earnings of $7.8 billion, representing a 51 per cent decline from $16.2 billion in 2015.

The 2016 fourth quarter and full year results showed that the company made three important new discoveries in Guyana, Nigeria and Papua New Guinea to boost its portfolio in 2016.

While on an oil-equivalent basis, production of 4.1 million barrels per day was down slightly compared to 2015, liquids production of 2.4 million barrels per day increased 20,000 barrels per day.

The company attributed the increase to increased project volumes, mainly in Canada, Indonesia and Nigeria.

However, the production increase from Canada and Nigeria was partly offset by field decline, the impact from Canadian wildfires, and downtime notably in Nigeria, apparently due to the production disruption caused by rig accident in Nigeria’s Qua Iboe.

ExxonMobil is also growing its exploration portfolio, capturing 16 exploration blocks in 2016 with three additional awards to be finalised in 2017.

Cash flow from operations and asset sales was $26.4 billion, including proceeds associated

with asset sales of $4.3 billion in 2016.

According to the company’s 2016 fourth quarter and full year results, capital and exploration expenditures were $19.3 billion, down 38 per cent from 2015.

The results showed that oil-equivalent production was down slightly at 4.1 million oil-equivalent barrels per day, with liquids up 0.9 percent and natural gas down 3.7 per cent Despite the fall in 2016 earnings, the corporation, however, distributed $12.5 billion in dividends to shareholders Fourth quarter 2016 earnings were $1.7 billion, including the impairment charge recorded during the period. Excluding the impairment charge, earnings of $3.7 billion were up from the $2.8 billion reported in the fourth quarter of 2015, due to higher liquids realisations partly offset by weaker refining margins.

ExxonMobil’s Chairman and Chief Executive Officer, Darren W. Woods said the company demonstrated solid operating performance in 2016.

“Financial results for the year were negatively impacted by the prolonged downturn in commodity prices and the impairment charge. The company’s continued focus on fundamentals and our abil-

ity to leverage an attractive global portfolio through our

integrated business ensures we are well positioned to generate

long-term shareholder value,” Woods said.

TCN’s Audit Report to Be Ready End of February Chineme Okafor in Abuja Following the decision of the Nigerian Electricity Regulatory Commission (NERC) to impose N47.6 million fine on the Transmission Company of Nigeria (TCN) in December 2016 for failing to submit its audited financial reports, the company has said it will by the end of February, submit the audited books for the years 2005 to 2014.

According to TCN, an audit firm, PricewaterhouseCoopers (PwC), which it had commissioned to undertake the audit has made tremendous progress with the audit work, and would complete it by the month end for submission to NERC. TCN’s former acting Managing Director, Dr. Abubakar Atiku stated this in Abuja during a press briefing.

He disclosed that while the company had been consistent with the internal auditing of its account, it had however not opened its books to external auditors since 2005.

According to him, the volume of work involved in the audit

by PwC meant that it would take time to conclude it. He explained that the company presented this peculiar challenge to the NERC and asked for more time to conclude but added that the commission still slammed it with a fine.

“Under our watch, the TCN in compliance with world best practice and Financial Reporting Council of Nigeria (FRCN), is for the first time being audited by reputable external audit firm. The audit report in TCN’s performance from 2005 to 2014 would be ready before the end of February,” said Atiku.

He further explained: “Like I said before now, we have genuine reasons for not complying with NERC’s request. We have not had an external audit on TCN for a long time, even though there are internal audits and we took a bold step to provide this audited report and engaged PricewaterhouseCoopers, a reputable company, to do this.

“The job is voluminous because there are so many books and papers that have

be looked at by the auditor.

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.”

“So, we are doing it and in line with international financial reporting system which most of the companies in this sector did not do, and based on that, the audit needs time. We informed the regulator that this is the reason why we have not filed the report but they went ahead to fine us, and we will appeal that,” Atiku added.

While reacting to denials by some electricity distribution companies (Discos) that they do not reject loads allocated to them by the System Operations (SO) department of TCN, Atiku said the company has proof of such practices to validate its claims.

According to him, NERC has queried TCN to substantiate its claims, adding that the company has its proof.

“Our frequency indicator shows this, we will make the evidence available to NERC when called up,” he added.

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INTERVIEW

Adetu: Increasing Economic Inequality Could Create Unimaginable Social Vices Corporate executive turned entrepreneur, Seni Adetu, was the poster boy for multinational corporations after Diageo Plc announced his appointment as the Chief Executive of Guinness Nigeria. In his first major interview after exiting the beverage company, he spoke to Raheem Akingbolu about his top-flight career, his role models, new venture in the marketing communications industry and the economy. Excerpts: I am so proud of my achievements during my time there. In fact, when I recollect what I met on ground at the time I took over the leadership of the company, and where I took the company to with the fiscal year 2014/2015 being by far its best year in a very long time, and taking the company to being the 9th biggest on the NSE at some point, I truly have no regrets.

I did it my way

Adetu What has kept you busy since you completed your term as CEO of Guinness Nigeria Plc? God has been absolutely superb. He has kept me so busy that I believe I am chewing so much more now than when I was running Guinness Nigeria. The truth is, I have established a footprint in marketing communications with my new company, and this is now my day job.

I will say a little more about that shortly in the course of this interview. Besides that, however, I sit on the boards of some notable companies including Fidelity Bank Plc, Graceco Industries and Tower Aluminium Plc. In parallel, I have had to facilitate the Chief Executive Programme at the Lagos Business School (LBS) and offer business and leadership support to various organisations including Honeywell, GE, Leadway Pensure, Standard Chartered RSA, to mention but a few. Furthermore, I write for a popular newspaper every Sunday on leadership. All these in addition to my role as National Vice President of the University of Lagos Alumni, get me spending quality time at the office and in my study.

Did you not consider picking up another multinational CEO role after Guinness Nigeria?

First and foremost, while I may look young

by God’s grace, the fact is, I am over 50 years and have spent close to 30 years running the length and breadth of Africa in some “crazy” roles; the last 15 years as CEO of various multinationals in Ghana, East Africa and Nigeria in that regard, I felt l had paid my dues. So when Diageo made the announcement, I was to report to my former boss in the UK after

my GN term from Jan 2015, it was clear to me that it was time to move on. Coming out of that role, I had a couple of CEO offers but I concluded that even if I did another then, at my age, after a few years, it would have been back to needing to start my own legacy business. I thought with my energy, drive and thankfully the network, there could never be a better time to venture out. Fortunately God has always been a pillar of financial stability for me – so that was never an issue. That’s why I opted for what I do now. Permit me to thank some business leaders with whom I had a series of discussions post-Guinness to co-create the options I was considering – most of whom hosted me in either their residences or offices or indeed both. In this light, I would thank Mr. Atedo Peterside, Oba Otudeko, Aig-Aigboje Imoukhuede and Aliko Dangote. Oh, and let me not forget the many Saturday meetings at the residence of Sir Dr. Michael Omolayole. I am sure I have left out a few other ones – to whom I apologise. Importantly, though, I want to say again to these business captains – thank you. I practically missed nothing. So you see though the decision about my next move was entirely mine, under God’s guidance, I had the benefit of the aggregate experience of seasoned business men – such that money could never have bought and I am delighted about the outcome of these sessions.

So do you regret anything about Guinness?

Not at all; I feel so fulfilled. I see that the results coming out of the company at the moment are quite challenging, but I believe they’ll get over it. Many times, I am asked – what’s going on

at Guinness, why have the results taken a turn for the worse since your exit, etc; but all I say is, I genuinely wish them well. I still have just good relationship with Diageo internationally, and besides, I spent nearly 10 years of my career with them, working my way to being perhaps the most senior African in the organisation worldwide. That’s how good the company was to me and so there is so much at stake for me in seeing that the company does well.

That said; I am so proud of my achievements during my time there. In fact, when I recollect what I met on ground at the time I took over the leadership of the company, and where I took the company to with the fiscal year 2014/2015 being by far its best year in a very long time, and taking the company to being the 9th biggest on the NSE at some point, I truly have no regrets.

I did it my way.

Many people dream of getting to the top of their careers and never do. You on the other hand, have achieved this ambition in what seems to be a seamless manner. What key factors can you attribute your career success to?

For me, it all starts and ends with God. I believe in destiny and I believe that God calls the shots and I also believe that people should bear their own destinies in their hands. In other words, people need to be very clear about their purpose and vision.

Purpose is something that gives meaning to life; it gives deep-down fulfilment. This has to be accompanied by a set of values that are consistent with this purpose.

Two other things have helped me. With

humility, I’d like to say that I am a very focused person. I’m clear on what I want out of life and I do take actions that are consistent with that almost always. The second thing is that I take every opportunity to invest in my growth. I was trained as an engineer at the best university in Nigeria (UNILAG).

Then I veered into marketing; I was the first African Marketing Director for Coca-Cola in Nigeria way back in 1998. Yet, by the time I was appointed into my first CEO role about 16 years ago, I was able to read profit and loss statements and balance sheets like I was a chartered accountant. I would say this has all been due to my passion for growing myself and the grace of God for ability to learn fast.

What is it like being an employer at Algorithm Media?

It’s God, nothing but God. In venturing into entrepreneurship, there were three words on my mind: Legacy, Focus and Discipline. First, I had to create something that has the possibility of an enduring legacy; and to achieve that, it had to be something I had a passion for.

Prior to my CEO roles, I was a marketer, the marketing services industry was therefore easily the most comfortable space for me to log onto.

Secondly, I had to be focused, not spread myself thinly; and thirdly, I realised I needed discipline- in hiring, in governance, in financial management. I hold these words in my chest always to ensure I deliver against the vision I created by the setting up of this new company.

Continued on page 24

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BUSINESSWORLD I believe so much in leadership and mentorship. In the last two years, I have sponsored 100 students of the University of Lagos with payment of their Chartered Institute of Management Accountant registration fees annually to God’s glory; in the hope that when they get trained, they would have something significant to add to their and / or their employers’ businesses. I have also hosted and shared my personal experiences with them a couple of times. Besides, about 12 months ago, I established a new school in my home town Sagamu How will Algorithm Media be positioned in the media independent industry?

We simply want to be the “go to” media agency for creative media planning and buying. When the client needs reassurances of commercial benefits from their media spend and 110% governance assurance, we would ask they speak to us.

Does Algorithm Media have a sister company in Advertising?

Our commitment is to provide an integrated marketing solution to all our clients – media and advertising. In the next few days, we will be unveiling our media agency. In the near future, we will disclose our position in relation to our advertising outfit.

We understand you are in the process of formally unveiling Algorithm Media- Please tell us about this.

Oh yes! As I said at the beginning, my day job is now creating marketing communications support for our esteemed clients. On Thursday 9th February, we intend to have several top notch CEO’s and the marketing community to join us at Four Points Hotel by Sheraton Hotel where we will run a panel discussion on “connecting with the consumer in a recession”. We have selected five notable CEO’s to do justice to this topic. It is in the course of the same evening we will tell the story of Algorithm Media.

Do you think media agencies have been creative and have successfully reinvented themselves?

In all honesty, I think there has been a huge improvement in the quality of media services offered by the main media independent players in the last few years. I say that reflecting back on my 30 years working on the client’s side.

I think we must thank MIPAN and APCON for the roles they have played in this regard.

Today, we are seeing more and more agencies having the necessary tools to enable quality insights for media strategy and planning, we have better and sharper responses to clients’ briefs and we are tracking media placement much more effectively. If you take the example of outdoor, with technology now, taking date coded pictures of flighted campaign on the

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INTERVIEW

Adetu billboard has been made a lot easier. I can go on and on. That said, I couldn’t possibly boast that we have the best people on the agency side. I dream of a day where the quality of talent of the agency can fully match that of the clients in every sense- exposure to international training, reward package etc. Also, due to the fragmentation of the industry and at times, the desperation of certain agencies to win clients’ businesses, I suspect there’s a bit of pricing war that happens at pitches with the result that margins are getting thinner by the day.

Lastly, I crave for the day media owners no longer have to complain about the level of debts and payment overdues by the media agencies. This is eroding away the confidence of advertisers and media owners alike, and personally I find it upsetting.

What mechanisms do you want to put in place to ensure that AM is able to deal with and successfully navigate this?

Simple; we just have to stay true to our purpose and vision, and ensure our values are consistent with the same. We will put the mirror in front of ourselves daily to achieve this.

Do you have any affiliations or intending to have one?

We will formally disclose this at the unveiling event on the 9th February.

Is it true that advertisers are gradually moving from traditional media to digital?

The world is changing, and marketers must change with it or be extinct. You can no longer be overly brand centric or medium centric, the centricity must be about the consumer.

Technology is really redefining our lifestyles and media consumption habits. Mobile distribution is high and internet penetration has expanded significantly too. Social Media has become a major platform for communicating and connecting with the consumers such that all responsible brands are participating in it.

Who are your role models in business?

My mum was a fantastic business woman that created something out of nothing. She was absolutely enterprising when we were growing up. I adore Sir Dr. Michael Omolayole of the old Lever Brothers Plc. I have loads of admiration also for a certain Alex Cummings,

the former Executive Vice President, Coca-Cola Worldwide. He taught me to see the power

I have heard of the strategy of funding our way out of recession through borrowing. This makes sense but in truth, do we have the confidence of investors and international lenders to make this happen? How are we certain to meet their criteria for accessing these loans – not least the bit about harmonising our exchange rates, which are all over the place at the moment – official, parallel, BDC, Travellex, M.A,N rates, etc. This potentially breeds corruption and is a turn off for investors

of humility in leadership.

What community service initiatives have you implemented recently?

I believe so much in leadership and mentorship.

In the last two years, I have sponsored 100 students of the University of Lagos with payment of their Chartered Institute of Management Accountant registration fees annually to God’s glory; in the hope that when they get trained, they would have something significant to add to their and / or their employers’ businesses. I have also hosted and shared my personal experiences with them a couple of times. Besides, about 12 months ago, I established a new school in my home town Sagamu. Furthermore, as I said before, I have a weekly Leadership Column in a leading newspaper, through which I hopefully impact the young corporate Nigerians.

My purpose is to inspire a new generation of corporate leaders and sharing my practical experience while with multinational companies is in service of that. Oh, and yes, as an Otunba of the Remo Kingdom in Ogun State, I do tend to make financial advisory contributions in the community as much as I can.

How do you balance work and other interests like family, personal development etc?

I am extremely privileged to have a wife who supports my career. She is a successful chartered accountant and MBA holder who has ventured into entrepreneurship herself, running her etiquette consulting outfit. She is my number 1 confidant. I work long hours (I’m not necessarily proud of that) and at times the family complain about not being there for them sufficiently due to my work schedule.

However, when I am with them, I make sure time spent with them is quality time. I love football and support Newcastle United; I have been a supporter since 1984. I socialise when I need to with my group of friends. I am just intense with everything; I am intense with work, intense with my family and also intense in friendship.

You talked about your wife the etiquette consultant, how has she changed your life and lifestyle relating to etiquette compliance?

Oh, you don’t want to go there. She’s conContinued on page 25

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NITDA: 14% Internet Users in Nigeria Suffer Cyber Attacks Dele Ogbodo in Abuja The Chief Executive Officer (CEO) of the National Information Technology Development Agency (NITDA), Mr. Ibrahim Pantami, has said that 14 percent of the 90 million Internet users in the country suffer one form of cyber attacks or the other.

The CEO in a statement signed by the Head of Corporate Affairs and External Relations, Mrs. Hadiza Umar, said the staggering statistics of cyber attacks necessitated the setting up of the National Cyber Implementation Com-

mittee, which is being overseen by his office.

According to Pantami, in 2013, global payment giant, paypal.com disclosed that Nigerians lost about N159 billion to cyber security threats.

He said it is becoming more worrisome that since 2014, the country has lost approximately N90 billion to cybercrimes.

Pantami said: “In December 2015, Nigeria was the 17th most attacked nation in the world.” This information, he averred was obtained from Check Point Software Technologies cyber threat intelligence report.

The Office of the National

Security adviser (ONSA), the CEO said recently that 2,175 Nigerian websites were hacked in 2015, with 585 being government parastatals and agencies.

He said: “The inter-ministerial Technical Committee on the implementation of the national cyber security strategy held its inaugural meeting at the headquarters of the National Information Technology Development Agency.”

While reiterating the advantages derived from ICT, he said government is proactively putting measures in place to be ahead of hackers with the aim of preventing them from

abusing or encroaching on users websites.

Pantami, said: “Information Technological tools that have become vital in our critical activities are also avenues adopted by individuals and groups to carry out a range of malicious activities.”

He noted that these threats on cyber space could be targeted at national critical infrastructures, government/ private institutions or individuals.

“Today, information assets are very valuable and various sectors of the Nigerian government have come to rely on technological tools

to carry out their processes both critical and non-critical.

“Financial services, telecommunications, navigational systems, manufacturing sector, oil and gas, power and energy, food and agriculture, emergency services and healthcare systems.” he stressed.

The CEO said the scale and dimension of the threats have compelled the agency to develop and implement a new cyber security strategy for the public service as approved by the Minister of Communications, Mr. Adebayo Shittu.

He called on every stakeholder in the committee for continuous collaborative effort,

stressing that information security is not a one-off programme, as the threat landscape keeps changing.

The committee, he said consists of representatives from the ministry, ONSA, Nigeria Postal Service (NIPOST), Nigeria Computer Society (NCS) and Nigeria Communications Satellite (NIGCOMSAT).

On the committee’s terms of reference, he said: “The Technical Committee is aimed at countering an increasing number of threats and develop a strategy through greater inter-agency coordination, cooperation and information sharing.

NCC, Civil Defence Hold Talks on Critical Nigeria to Partner Kenya, Rwanda on Optimal Use Infrastructure Protection of ICT Emma Okonji Operatives of the Nigerian Security and Civil Defence Corps (NSCDC) have said that they will replicate what they have been doing to protect oil and gas pipelines nationwide for the telecommunications sector if the Nigerian Communications Commission (NCC) provides the opportunity for them to do so.

The acting Deputy Commandant General in charge of Critical Infrastructure at NSCDC, Mr. Amos Andekein made the pledge when he led a delegation of NSCDC to the NCC recently.

Hosted by NCC Executive Commissioner in charge of Stakeholders Management, Mr. Sunday Dare, at the NCC Headquarters in Abuja, on behalf of the Executive Vice

Chairman of NCC, Prof. Umar Danbatta, the meeting was a follow up to the one hosted by the National Security Adviser (NSA) Major General Babagana Monguno (rtd) in December, 2016.

The meeting was specifically called by the NSA for both agencies to deliberate on workable ways to protect critical national infrastructure.

“This is a follow up to that meeting” Dare told the visiting NSCDC team.

He said it is in line with that meeting that NCC wants to work with the NSCDC on ways to protect critical national infrastructure, like Base Stations, Optic Fibre, Masts and nip in the bud activities of those trading on pre-registered Subscribers Identification Module (SIM) cards security implications,

vandalisation of telecom equipment among others.

The Executive Commissioner said although the NSCDC men have been manning NCC Emergency Communications Centres (ECC), before now, “we are sure that you will support in the protection of the critical infrastructure on the directive of the NSA”, Dare who led the NCC team including Director, Public Affairs, Mr. Tony Ojobo observed.

Andekein explained that protection of critical national infrastructure was part of the NSCDC core mandate as enshrined in its Act and “we are willing to do just that for the telecommunications sector like we have been doing for the oil and gas sector.

Hammed Shittu in Ilorin The Minister of Communications, Adebayo Shittu has disclosed that, the federal government has commenced a working relationship with Kenya and Rwanda governments on the maximum use of ICT to improve the financial inclusiveness of an average Nigerian.

Also, he said that federal government is contemplating establishing a communications bank which will be a development bank that will assist in the financing of communication and ICT companies based in the country .

Shittu disclosed this in Ilorin, the Kwara State capital at the weekend while fielding questions from journalists on the state of the nation.

He said that Nigeria has to

bury her pride and visit the two smaller African countries to learn how they have advanced in their technological knowhow and how they have used communication and ICT to improve the living standard of their citizens .

Shittu observed that in Nigeria today, less than 50percent of the local government areas lack banking facilities hence they are being excluded from physical policies of government but with the e-banking being introduced. He explained that Nigerians can operate financial transactions from their homes as well as transact other official business through their GSM including applying for international passports The minister also explained that the establishment of the bank would create a welfare society and assist operators of

communication companies to access working capital at low interest rate lamenting that foreign ICT operators are finding it extremely difficult to operate presently in the country hence the need for the Federal Government to come to their aid. According to him, telecommunication business is very expensive as it requires huge capital explaining that $240million would be needed to obtain a license while installation of a mast would attract about N40billion.

The minister described the Ministry of Communications as the second after the petroleum sector in terms of revenue generation to the coffers of the federal government, stressing that in the past 16 years, GSM operators are contributing about 12 percent of the country’s Gross Domestic Product (GDP).

ADETU: INCREASING ECONOMIC INEQUALITY COULD CREATE UNIMAGINABLE SOCIAL VICES tributed massively to making a “Remo man” like me to understand better the essence of good looks, matching colour combinations and even dining etiquette. Several years ago, she used to refer to me as her worst student in that regard, but thankfully, she acknowledges that I have improved significantly. I tell you a story; there was a time I went to deliver a major presentation at a high-profile event some years back. She was out in the UK that week.

When the pictures came out in the papers the day after the presentation, I realised that while the jackets of the other people in the picture with me were clearly visible, mine was not.

So sometime in the evening when we were on the phone, I told my wife I was upset by what happened and she asked me “were you wearing a white jacket”, and I said, “oh my God – yes, but how did you know?” and she teased me by saying “bush-man, you got what you deserved”. I learnt something that day.

Additionally, it took a while before she “allowed” me be joining my friends to use spoon for “amala” served at social event. That’s my wife for you!

What’s your thought on the economy?

We are all sounding like broken records now.

There has to be a breakthrough this year. The tension caused by this economic quagmire is palpable. I am concerned that the increasing economic inequality and disparity between the rich and the poor could create unimaginable social vices. I know we talk a lot about oil pricing and output negatively impacting our revenue base. I get that. However, the questions are: what has become of our diversification plans; our vision to transform the agriculture space, our intent to improve manufacturing’s contribution to GDP through infrastructure development etc.

I have heard of the strategy of funding our way

areas - fixing the roads and fixing security.

In my record, he scored 100% on both. He suddenly made available the same bitumen that the administration before him had said was not available, and filled the potholes. He then set up Operation Sweep to curb armed robbery in Lagos. It’s 20 years on, and I still remember like it was yesterday because that approach made a lasting impression on me.

We are back to the same boat on a national basis where the current government is faced with challenges on all fronts and must not attempt to fix all, but pick their battle areas.

out of recession through borrowing. This makes sense but in truth, do we have the confidence of investors and international lenders to make this happen? How are we certain to meet their criteria for accessing these loans – not least the bit about harmonising our exchange rates, which are all over the place at the moment – official,

Two other things have helped me. With humility, I’d like to say that I am a very focused person. I’m clear on what I want out of life and I do take actions that are consistent with that almost always.

The second thing is that I take every opportunity to invest in my growth

Adetu parallel, BDC, Travellex, M.A,N rates, etc. This potentially breeds corruption and is a turn off for investors, many of whom are currently sitting on the fence and watching the economic direction we are charting for ourselves before deciding to put their money in the country. We simply must get it right in 2017.

Last word of advice to the government Less is more. They must not try to solve all the problems, but pick a couple of pertinent issues, which are within their control and put a lot of horsepower behind the same to make a difference. I am always inspired by what Buba Marwa said and did when he became the Sole Administrator of Lagos State, sometime in the mid-90’s, I believe. He told my MD at Coca-Cola then, one Mr. Islay Rhind that Lagos had a myriad of problems that he would not attempt to address all, but would create a legacy in two

So, thinking back on your career so far- what are you most proud of?

I am immensely grateful to God for enabling me to achieve some firsts in my career. I thank God that when I got in role as the Marketing Director for Coca-Cola Nigeria, that was the first time an African would reach that level.

I am grateful to him that at the time I was appointed MD of Guinness in Ghana, I was the first African in the history of the company; similarly my appointment as CEO of Guinness Nigeria made me the First Nigerian in 20 years.

However, to the glory of God, I think leading Guinness Ghana to win the Company of the Year award in the whole of Diageo/Guinness International worldwide in 2009 worldwide; and subsequently being awarded runner up Forbes CEO of the year, East Africa in 2012 are perhaps my best moments professionally; and I will continue to cherish the same.

Finally, it gives me an immeasurable quantum of joy seeing some of the talents I groomed in the course of my career becoming MD’s and Directors in high profile companies and successful entrepreneurs. There are loads of them, and I thank God for empowering me in that regard, because without Him, that couldn’t have been possible.

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BUSINESSWORLD

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ENERGY

Power Sector Regulation Still Adrift After taking forever before the appointment of commissioners for the Nigerian Electricity Regulatory Commission, Chineme Okafor writes that the federal government still has the unfinished job of reconstituting a complete board for the agency

Fashola It has taken the federal government more than one year to recognise that Nigeria’s privatised electricity market has operated without a properly constituted regulatory agency.

After a very long time, the government eventually sent a list of seven people to the Senate for screening and confirmation as commissioners for the Nigerian Electricity Regulatory Commission (NERC), but the outcome of the screening and confirmation did not go as expected.

In 2016, President Muhammadu Buhari had sent to the Senate a list, which had in it Sanusi Garba (North West), nominated for the vice chairman position; Nathan Rogers Shatti (North East); Dr. Moses Arigu (North Central); Dafe Akpedeye (South-south); Prof.

Frank Okafor (South-east), and Dr. Musilliu Oseni (South West).

The president’s list also included the chairmanship nominee, Prof. Akintunde Ibitayo Akinwande, a US based scholar, who however turned down the job offer after refusing to appear before the Senate Committee on Power for screening and confirmation.

When reports broke that Akinwande rejected the government’s offer, it was indicated that he claimed the government did not consult him before submitting his name for the job and that he was engaged in the US and unable to accept the offer.

After a lot of commotion, the six nominees were however screened and confirmed by the Senate last week, without Akinwande whom the government had waited for to change his mind.

The development, notwithstanding showed that the lacklustre decision and approach of the government on this were evidence of lack of sound appreciation of the place of a firm and stable regulator..

NERC without a board Already, it is now 13 months since the tenure of the last board of commissioners led by Dr. Sam Amadi expired in December 2015.

For this long, NERC has fairly regulated the business activities of operators in Nigeria’s power sector without commissioners, contrary to sections 34 and 35 (5), as well as other relevant sections of the Electric Power Sector Reform Act (EPSRA) 2005, which stipulate that the commissionsers must be in place at all times for the regulator to be fully and validly functional.

Akah Under an acting Chairman, Dr. Anthony Akah, the commission has made efforts to steady the regulatory environment. It has within this period evidently stepped up its enforcement actions against recalcitrant operators in the industry; yet it can however not be said to be fully operational at least within the context of the EPSRA 2005 upon which it is founded.

Along with its top management, the makeshift NERC has from all indications taken up some remedial actions to ensure that the delivery of electricity services in the country is unhindered

For this long, NERC has fairly regulated the business activities of operators in Nigeria’s power sector without commissioners, contrary to sections 34 and 35 (5), as well as other relevant sections of the Electric Power Sector Reform Act (EPSRA) 2005, which stipulate that the commissioners must be in place at all times for the regulator to be fully and validly functional

within a very peculiar regulatory condition.

Its provisional management team which comprises top managers with diverse experience in electricity market regulation have also within this period prevented the privatised electricity market from a possible collapse, having held on firmly to enforcing some existing market regulations which ordinarily could have been ignored or contested by operators on account of the instability in the regulatory agency.

It was equally perhaps out of ingenuity that the provisional management team at NERC scaled through a legal action against the 2015 electricity tariff, which the last board left for it and which from experts’ views at that time could have crippled the market’s financials.

But the extent to which this interim arrangement can hold up the tough demands of market regulations and certain regulatory responsibilities has remained limited, thus making it relevant that a properly constituted commission be put in place by the government.

There are established instances that demand quick and smart regulatory intervention but which it is not entirely clear if the provisional management at NERC would be firm in addressing. One of such is that the market, which by established milestones, should be in a Transitional Market mode by now and all businesses conducted on contract basis, has yet to get into that mode.

A fully constituted NERC would by all means hold operators to account on this.

Attempts to get operators to activate certain contractual obligations they signed up to have also not been very successful, with some operators preferring to institute a legal action against the government on this.

One of such was the legal action against the Nigerian Bulk Electricity Trading Plc (NBET) by some electricity distribution companies (Discos). Experts stated that such wayward acts would need the firm grip of a properly constituted NERC to clear.

Aggregating these anomalies and some others in the market thus indicate that the absence of fully constituted regulatory commissioners for the NERC cannot be discounted or assumed immaterial to the growth of Nigeria’s electricity industry.

Board appointment in disarray Even after it took so long to appoint commissioners for the NERC, the government’s efforts did not go without some unnecessary hiccups, which experts envisage could add to

the already self-inflicted market uncertainty.

Section 34 of the EPSRA 2005 specifically deals with the appointment of a seven-man board of commissioners for the NERC, while Section 35 (5) of the same Act stated the period which the appointment have to be made. Both clearly emphasised the importance of stability in the commission.

Specifically, Section 35 (5) said, “all appointments or reappointments of commissioners shall be made before expiry of their term of office,” to emphasise its contempt for vacuum at the NERC commissioners post.

The Act also recognised the need to maintain stability in the NERC and power sector regulation, and further stated in Section 39 that, “on the death of, or vacation of office by, a Commissioner, the President shall nominate a candidate to fill that vacancy, and submit that nomination to the Senate, within one month, in accordance with section 34.”

And while it is not clear what the situation would eventually turn out to be, Akinwande’s rejection of the job offer and the Senate’s subsequent confirmation of the six others does not suggest that the regulatory uncertainty created by the government would go away soon.

The Senate has already asked President Buhari to nominate another person for the chairmanship of the commission considering that Akinwande was not recommended for confirmation because he failed to appear for screening.

Experts, who spoke to THISDAY on this development, posited that the absence of a chairman-designate for the NERC means that the board is not fully constituted and as such the possible inauguration of the other six commissioner designates cannot be considered valid.

“Well it is simple. The commission is incomplete and the vice chairman cannot act because this is not a case of the chairman not being around or reigning. It is a case of non-appointment of a chairman so the commission is not yet constituted,” said one of the experts who preferred to speak without his name on print.

They also stated that the government may be setting itself up to fail on hands-on regulation of the power sector by overlooking the inherent capacities in NERC which they explained could be added to the mix to bridge the learning gap between the new people and the market.

T H I S D AY TUESDAY FEBRUARY 7, 2017

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T H I S D AY • TUESDAY, FEBRUARY 7, 2017

PROPERTY & ENVIRONMENT Top Services, First Ally Signed N20Bn Real Estate Investment Trust Bennett Oghifo Top Services Limited (TSL) and First Ally, fund manager, have signed a N20 billion real estate investment trust (REIT), consisting of 20 million units which will be on offer for subscription at N1,000 per unit from February 1, 2017.

TSL, a property development company specializing in retail and hospitality real estate across Nigeria, has a 20-year track record in the hospitality and retail space and started out as a developer and contractor to UAC Plc in its Mr. Biggs restaurant locations throughout the country. In the last 11 years, the firm has been developing apartment hotels, including La Cour in Ikoyi, Lagos.

According to the Chairman of TSL, Tokunbo Omisore, an Architect, explained that the REIT became necessary because of the high interest rate on bank loan, which has been the major source of funding for retail development.

Omisore said the REIT was signed based on four retail malls TSL had sponsored- Adeniran Ogunsanya Mall, Surulere, Apapa Mall, Apapa, Cocoa Mall, Dugbe, Ibadan, Oyo State and Akure Mall, Akure, Ondo State.

He said 97 per cent of net income on the malls would be distributed to investors at the end of each year, in addition to capital distribution. “Retail business is an integral part of our growth. Even in the

An Era of Change

Udo Okonjo

a winning formula. It is not rocket science. In the same vein, there are a few outliers that will have the luxury to perhaps carve out and operate in a totally different market reality. The handful of truly well built, well designed, well managed and well-presented properties with a strong sense of brand identity along with a culture of trust that discerning clients desire and are willing to pay for, will continue to defy the market odds.

For new projects, are there still opportunities to reinvent?

The answer is in reinventing your new project offering especially if the project is not yet off the ground. For some, the wisest decision will be the decision not to proceed with a project yet, unless it’s a legacy project and you have the staying power to sustain it beyond the current market.

Fine and Country is privileged to work with discerning clients, who recognise that all markets including real estate markets in any part of the world happen in cycles, and no cycle lasts forever. This is however, a time to tighten seat belts, adjust your seats and potentially prepare for a long range landing. Only those who are well-advised, equipped and ready to reinvent will land safely.

In summary, times of change and correction require intelligent reinvention.

Ps. Case studies will follow in the next edition.

Udo Okonjo, LL.M (Lond), CEO/Vice Chair, Fine and Country W.A., a member of the Oxford Real Estate Society

it is on naira rate, before now, it was 20-25 percent. Now, it is 29, 31 or 32 percent. How can we grow with this?”

Omisore advised the government to see mall development as an infrastructural development, stating that a shop that sits on 10, 000 to 12,000 square metres was an industry, considering that it has a bakery, an abattoir and a cinema and that all of these create opportunities for the future.

He said, “Government talks about creating employment, but how can this be made to happen? Even when they are to create employment, SMEs and entrepreneurs need a platform.

Where is the platform? We talk about agriculture. Shoprite has about 28 per cent of agricultural

products that are processed and packaged in Nigeria.

“Before Shoprite, all those involved in foods and beverage products died natural death, because they had nowhere to showcase their products. So, retail has provided opportunity for such people.

“There is opportunity not only in the processing, but also in the packaging. There is competition now in doing this such that if you go to the stores, you see locally packaged products you will think they are imported.”

He said, “What we need to do therefore is to make such facility affordable. We need to put in a structure that will accommodate even a graduate that has gone into SME.

“We see ourselves as spoilers in the market because we are the only malls that have Shoprite as anchor tenant and the rent goes as low as $150 per square metre as against the South African malls that go for between $700 and $900 per square metre.

“We built the malls to a budget and we know the challenges of the communities in which the malls are located.

They don’t have money. We also know that the malls have one of the biggest problems and that is energy which is very unpredictable and takes about 60 percent of the service charge. These are extra costs to a local retailer who does not really understand the difference between service charge and rent.

Kansai Plascon Launches in Nigeria Fadekemi Ajakaiye

Udo Okonjo As we all await what could perhaps be one of the most momentous events in real estate and political history, the swearing in of real estate tycoon PEOTUS, (President Elect of the US) Donald Trump in a few days, we recognise that change is in the air all across the world. We are entering an interesting, maybe even more exciting, but definitely uncertain and tough season in global politics.

A strategy of reinvention...

Closer home, tough times may be a constant in the foreseeable future in the Nigerian market going by our current political and economic outlook. And in the world of real estate, nothing spells change like seeing street after street of vacant properties towering majestically into the skylines.

Properties that were once fully occupied, or that were snapped up by purchasers before they were even completed, now sit in the market for months on end and in some cases, years without being rented or sold.

As corporate tenants adjust their rental budgets aggressively downwards both in the residential and office segment and individuals watch their incomes dwindle, a leisure drive along many roads in Ikoyi and the numerous for sale and to let signs will reveal the true state of the market.

Without, a doubt, changing times require a change in strategy. To stay in a box of old prices, old models and stale expectations about a market, whose ship long sailed is perhaps to eat the food of fools.

And it’s surprising how many investors, landlords, developers have either inadvertently or by design have chosen the unwise route of holding on to the past instead of reinventing for the future. Defying the odds... To the ever recurring question, why are so many properties vacant?

To the untrained eyes, there are no solutions. My answer however, as a real estate advisor and investor remains the same; good quality and good value (I.e market related pricing) has always been and will remain

US, it is an important part of their economy and creates opportunities for business and employment.

“The gross lettable area in each of our malls is creating jobs directly and indirectly to over 1,200 people. Shoprite alone gives employment to over 340 people. The cinema creates a few jobs and our local retailers are trying to grow.”

Giving reason for going into REIT, Omisore said “Unlike our South African competitors, we have a wrong funding. “The South Africans come in with huge funding running into 40, 60, 80 million dollars. These funds are given to them at 4-5 percent interest rate for 10-15 years. “Here, if we operate on dollar rate, it is 10-12 percent; if

As part of its strategic expansion into Africa as the continent’s number one coatings company Kansai Plascon has opened its Nigeria office bringing its innovative and excellent range of premium paints closer to Nigeria consumers.

The launch which was held at the Kansai Plascon corporate office situated at Victoria Island Lagos had in attendance the representative of the minister for trade, commerce and industry, Mr Ibikunle Adams, Ambassador of Japan to Nigeria, Mr Sadanobu Kusaoke and other dignitaries. The event also afforded guests the opportunity to have a feel

of the company’s top quality premium paints produced with state-of-the-art technology.

The President, Kansai Plascon, Mr Hiroshi Ishino thanked everyone present for making the time to be at the event. According to him the company has been around for a while, but in 2012 it changed its name from Plascon South Africa to Kansai Plascon to further deliver top quality products to consumers around the world including Africa.

Speaking on their choice of partnership, Ishino stated that “Kansai Plascon likes to enter into African countries with local partners to ensure that the growth and development within these countries is lo-

cally relevant and meaningful.

We embrace the culture and unique aspects of each African country we enter, to ensure we develop our business with the utmost respect and consideration for each country and as the Power House of Africa, especially the West African Region, Kansai Plascon investigated the marketplace thoroughly before entering into the Nigeria market. It took three years of investigation, discussions, negotiations and development of understanding in Nigeria, before we found the right partners to join hands with to enter Nigeria.

In Paints and Coatings Manufacturers Nigeria (PCMN) we have found the

ideal partner, who’s strength in manufacture, presence in key Strategic locations in Nigeria, knowledge and total commitment to quality and service, match perfectly with the Kansai Plascon business ethos.They have the most qualified factory operations in Nigeria and within Africa as a continent, and have the business track record, reputation, Management, skilled personnel, Factory, equipment and systems to fit the needs of Kansai Plascon. We can therefore, manufacture all of our Premium Range products in Nigeria, which prior to this time have been traditionally imported by other paint manufacturers into Nigeria.

3Invest Introduces Timeshare, Haven Homes Appoints Co-working Space in Lagos General Manager 3INVEST, a real estate firm, has launched its corporate real estate model known as Lagos Co-work. The concept is that 3Invest would provide and operate flexible office spaces to grow businesses and create a collaborative community where people co-work and invest in timeshare opportunities.

The co-working revolution is transforming real estate.

Pioneered by start-ups, entrepreneurs and freelancers, a growing number of companies, large and small, are exploring how to incorporate the concept.

Co-working and flexible space are fast becoming critical components of wider Corporate Real Estate (CRE) and portfolio strategy. With a growing number of companies looking to tap into the benefits of co-working, it is only a matter of time before the trend became an integral part of the corporate real estate toolkit. The results of the latest JLL Global Coworking Survey reveal that 61% of co-working space providers are planning to expand their operations and almost 80% expect the number of members to increase in 2016.

The number of members using co-working spaces globally has been steadily increasing yearly and it is

predicted to reach one million by 2018. Co-working, a trend which emerged as a start-up phenomenon, has been largely embraced and adopted by more organisations. Companies such as Philips and IBM are utilising co-working space to encourage innovation alongside start-ups.

Speaking at the launch, the Chief Executive, 3Invest, Ruth Obih, stated: “We will provide smart and versatile spaces designed to fit the modern workplace strategy. Each Lagos co-work space will enhance performance and wellness of its user. Our locations will reflect the values of exceptional facilities and operations management, secure and accessible location, cosy and relaxed general area, Lagos co-work values, traditions and quality facilities will allow occupiers attain 100% focus on growing their business.”

Benefits for tenants include efficient spaces with flexible payment structure, conducive and relaxed work environment, storage for resident tenants, business support services, professional management and quality tenants, substantial cost savings, networking opportunities, work productivity, investment opportunities and peace of mind.

Haven Homes, the nation’s promoter and sublime developer of lifestyle living has appointed Mrs. Ufuoma Ilesanmi General Manager.

A statement issued and signed by the firm’s Managing Director/Chief Executive Officer, Mr. Tayo Sonuga said Mrs. Ilesanmi was promoted from her previous position as Assistant General Manager and that the new appointment took effect from 1st January, this year.

Mrs. Ufuoma Ilesanmi holds a Bachelor of Science (B.Sc.) in Human Resources and Industrial Relations of the Covenant University, Otta, where she was in attendance between 2006 – 2010. In 2014 she also obtained a Master’s of Science in Strategic Marketing at Stalford Manchester University, United Kingdom.

Barely 28years old and at an age when majority of her peers are serving their National Youth Service Corps (NYSC) or tinkering with their first jobs, she is arguably the youngest General Manager or Chief Operating Officer in the Real Estate Industry.

She joined the services of Haven Global Resources Limited in 2011 as Corporate Manager, rose to the position

Ufuoma Ilesanmi

of Assistant General Manager in 2014 before the recent promotion.

Earlier, Mrs. Ufuoma Ilesanmi acquired a string of brief engagements as Assistant Human Resources Manager with Frontier Oil & Gas Limited in 2010 and later as Marketer in the country’s office of The First Group, a realty outfit based in Dubai.

Mrs. Ufuoma Ilesanmi is an intelligent, passionate and well-organized Manager whose high performance partly accounts for the reason why Haven Homes is top of the ladder in Real Estate Market.

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T H I S D AY • TUESDAY, FEBRUARY 7, 2017

PROPERTY & ENVIRONMENT

Property Prices Stable Despite a Sharp Fall in Demand, Says FIABCI Bennett Oghifo The nation’s property market has witnessed surprising stable prices despite the sharp fall in the demand for property, the President of FIABCI-Nigeria, Joseph Akhigbe, has said.

He stated this at a special forum of the Nigerian chapter of the International Real Estate Federation (FIABCI), which held in Lagos, recently.

“I am sure that in this brief period since the economy took a downturn, we have all witnessed the good, the bad and the ugly of the devaluation of the Nigerian currency, rising inflation, excess supply of property as a result of the economic downturn and surprising stable prices despite the sharp fall in the demand for property,” Akhigbe said.

He said Real Estate 2017 was all about the economy and that they chose the theme carefully in light of the prevailing economic situation, as it affects the real estate industry.

In his remarks, Lagos State Commissioner for Housing, Gbolohan Lawal said, “We have noticed no growth in the real estate industry,” stating that there was need for reawakening in the sector.

Lawal said, “We have decided to inject private capital into housing delivery in Lagos state,” adding that it was time for the government to re-charge the economy.

He said, “As government we want to assure that your property right is ensured.”

In a keynote address, Dr. Doyin Salami, Lecturer and member of faculty, Lagos Business School said real estate was eight per cent of the Nigerian economy and that for practitioners in the real estate sector, “I think you already

know from your interactions that your sector has been in decline; real estate sector has been in decline, contracting so many falls.

“The data is very clear, the Real Estate sector is about 7-8 per cent of the economy and it has contracted consecutively for five quarters. In other words, for more than a year, the sector in which you operate has been shrinking.” Salami said, “It may take another two years for the housing market to become productive, looking at the present economy and the rate at which already built houses put up for sale or rent are not occupied.

“The housing sector needs to look on how to capture more information and data to help those who want to invest to have a holistic approach on the sector. It is a major challenge that the professionals in the sector need to solve.”

He said, “What happens to it in 2017 will depend on what happens to the economy generally; housing/real estate takes its cue from the general economy.”

He gave statistics to show the decline in the economy and how the income of families is shrinking, stating that “if incomes do not rise at the same pace, it means the real value of income continues to shrink and therefore the capacity for demand/spending continues to diminish, and once the capacity of spending diminishes, demand falls and create no end of other difficulties.

“On the supply side, as your sector is concerned, the figure that is most regularly brandish about is how there is a housing deficit of about 17 million. The figure seems not to change since more than 10 years even with the increase

Nigerite Launches Kalsiclad, Latest Building Solution Fadekemi Ajakaiye Nigerite Limited, a foremost building solutions manufacturer has formally launched a new product known as KalsiClad.

KalsiClad is the latest in Nigerite’s Kalsi range of building solutions, said the Managing Director, Nigerite Limited, Mr. Frank Le Bris, during the launch, which took place at the company’s premises at Ikeja, Lagos, last week. The managing director said KalsiClad is a light weight fibre cement building board suitable for cladding application that gives facades a modern and stylish look. It is the best solution for old, tired facades and allows for innovative designs on new facades.

KalsiClad, he said offers humidity resistance, durability and dimensional stability.

Other brands in the category include KalsiCeiling, KalsiWall, KalsiPlank and KalsiFloor.

The Kalsi brand is a global Etex brand synonymous with innovation, flexibility, dynamism and aesthetics. We will continue to strive to excite the built sector with brands

such as these in order to consistently raise the bar in the building construction industry in Nigeria.

According to him, the premises of Nigerite “was recently adjudged and indeed, for the umpteenth time to be the cleanest and best kept industrial premises in Lagos State by the Manufacturers Association of Nigeria (MAN).

This is a clear manifestation of our well-articulated cultural philosophy of adhering to international best practices in all aspects of our operations.”

The launch of KalsiClad, he said was “particularly gladdening, because it is a result of sheer determination of the entire stakeholders of Nigerite Limited and many years of experience and innovation of our major shareholders, Etex.”

He quoted the French philosopher, Diderot to have said “Only passion, great passion, that can elevate the soul to great things,” saying that the launch of KalsiClad was done through a combination of people and ideas. “It is a reflection of our organisation’s uncanny passion for innovation, imagination, foresight and excellence.”

in the population.

“As far as the supply on the real estate side is concerned, if there is no construction, then supply suffers. Within, we do not have any data about housing in the different states of the federation, which is what would have been helpful. There are some pieces of data around the states but it does not give us a national figure.

“But what we do know about the national economy and what will happen in 2017 gives a bit of concern, as far as the supply side is concerned. Let’s ponder

on this between the federal and the state governments they are going to spend a better part which shows less than N14 trillion. Looking at the Federal government budget for 2017, there is an inbuilt of a deficit of over N2 trillion. For any economist, there are only two ways to solve this which are borrowing domestically or borrowing internationally.

“In 2016, The Federal government tried to borrow but it was unsuccessful, what we got was $600 million from the AFDB. This year, we are looking for

a much more money to borrow. If the federal government finds it difficult to borrow internationally then they will want to borrow domestically and borrowing domestically will increase the interest rate which is presently at between 16 – 18 per cent for companies and for individuals, it can go as high as 27 per cent and so the big question will be is real estate still attractive as at today.

“It is much better to buy a government treasury bill than to build a house now because treasury bills will give 20%

returns and no risk, because houses are associated with a whole lot of risk; government approvals and consent; like nonpayment of rent by tenant, and managing the house as a whole.”

He said, “Capital appreciation in housing is one of the slowest, it’s long term and it is not something that is rapid. The risk that investors in treasury bills tend to face is no longer the risk of inflation, and looking at standard economic parameters like yields, inflations and interest rates.”

L-R: Official of Oak Homes, Mr. Adebola Lawal; former President, Chief Olusegun Obasanjo; and Chief Executive Officer, Oak Homes, Mr. Olukayode Olusanya, during a courtesy visit by Oak Homes’ team to the former president in Abeokuta... recently

Stakeholders Brainstorm at Alphacrux’s Real Estate Outlook 2017 Fadekemi Ajakaiye Stakeholders in the nation’s real estate sector had an opportunity to brainstorm at the Real Estate Outlook 2017, a maiden edition of professional congregation organized by Alphacrux Limited.

Alphacrux is a company that specialises in real estate, investments, consulting and research.

It was established to provide

outstanding solution experience to individuals and institution in our chosen service offerings.

The company held the maiden edition of Real Estate Outlook 2017 at Landmark Towers, Victoria Island, Lagos recently.

Real Estate Outlook 2017 is an annual gathering of industry experts, developers, economists and investors to network, learn, share knowledge and discuss the business year. The Managing

Director, Alphacrux Limited, Mr. Tobi Adama stated that the purpose of Real Estate Outlook was to brainstorm with all stakeholders and to rethink value propositions.

Adama stated that the very essence of Alphacrux Limited as a business model was hinged on the understanding that every client was different, as well as the solutions they required.

He stated that their deep

and unique knowledge of the Nigerian real estate and investment landscape gives the company the competitive edge to ensure that clients got only the best value at all times.

In 2016, the sector was really affected by the economic downturn and the implications continue to play out in 2017, the Real Estate Outlook is to look into the situation and plan for the year.

Firm Launches Initiative to Reduce FG, NHFP Begins Mortgage Housing Deficit in Nigeria Literacy Campaign Crusoe Osagie Worried about the huge housing deficit currently put at about 17 million, Chattel Realty and Investment Limited, has launched a housing scheme, housing empowerment and land Lord opportunity (HELLO) to avert housing crisis in Nigeria by 2020. The firm’s Managing Director, Mr. Ifeanyi Okafor, explained that the project has become necessary because of the housing deficit that has awfully become a recruiting decimal all over the world, pointing out that the situation is not just dangerous but could develop into a catastrophe of unimaginable dimension if adequate action was not taken to address the issue.

In his words, “This could be why the federal government earmarked N40 billion in the 2016 capital budget to implement a comprehensive housing programme as the official housing policy in the

country. We, at Chattel Realty have keyed into this laudable government intention to adequately address the issue of housing deficit in the country with the birth of our HELLO project.” He said as a result of this, the company has refocused its objective to provide cutting edge real estate solutions to the enormous housing market in Nigeria, which he said has been yearning for high quality and affordable accommodation.

He said with this scheme, people can buy a piece of land in any of its estates located in Sangotedo and Ikorodu by either choosing to make a one-off payment or 6 to 12 months equal installments. Okafor during a press briefing to launch the programme, said after the initial payment, subscribers are automatically qualified to win a 2 bedroom house in a raffle draw that will hold at designated locations with other consolation prices to be won in the raffle draw.

Piqued by the sustained lack of access to mortgage and housing microfinance nationwide, the Nigeria Housing Finance Programme (NHFP) implemented by the Central Bank of Nigeria (CBN) with the support of the World Bank, has commenced its process of literacy and consumer education campaign to stem the tide.

The NHFP has engaged the services of an Abuja based communication firm, Blake & Harper Nigeria to develop strategies and deploy materials for consumer education. This, it hopes would help stimulate awareness, increase mortgage uptake nationwide and open access to housing micro finance through a pilot program with eligible Micro Finance Banks (MFB).

Recently in Abuja, the Governor of CBN, represented by the Director, Other Financial Institutions Supervision Department (OFISD), Mrs. Tokunbo Martins and Managing Director,

Blake & Harper Nigeria, Mr. Daniel Kure put pen to paper to kick-start the mass literacy campaign.

Various communication tools are planned to help create the awareness. They would involve exploiting a mix of traditional and new media. There would be advertisement, public relations, activation of campaign plan, heightened awareness through the social media platforms etc.

Through direct marketing, mortgage originating institutions (Primary Mortgage Banks (PMBs) and Commercial Banks) applying uniform underwriting standards, Housing Microfinance operators and potential homeowners would be engaged and enlightened. Several brochures, pamphlets, leaflets and assorted literature would be produced and distributed across the country among stakeholders.

There would as well be direct interaction with the relevant publics through workshops, town and market storms.

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BUSINESS/MONEYGUIDE

CBN to Enforce International Standard on Auditing Rule in Banks Obinna Chima The Central Bank of Nigeria (CBN) yesterday advised all banks and their external auditors to adhere to Rule 9 (Application of International Standard on Auditing (ISA) 701 - (Communicating Key Audit Matters in the Independent Auditor’s Report) of the Financial Reporting Council of Nigeria (FRCN).

The rule requires independent auditors of listed and unlisted entities to comply with the requirements of ISA 701 for audit of financial statements for periods ending on or after December 15, 2016 and June 30, 2017, respectively.

The central bank stated this in a letter titled: “Application of International Standard on Auditing (ISA) 701 (Communicating Key Audit Matters in the Independent Auditor’s Report) in the Banking Sector.”

The letter with reference number: BSD/DIR/GEN/ LAB/10/006, dated February 6, 2017, was addressed to all banks and their external auditors.

It explained: “The attention of all banks and their external auditors is hereby drawn to the Rule 9 (Application of International Standard on Auditing (ISA) 701 - Communicating Key Audit Matters in the Independent Auditor’s Report) of the Financial Reporting Council of Nigeria (FRCN) which requires independent auditors of listed and unlisted entities to comply with the requirements of ISA 701 for audit of financial statements for periods ending on or after December 15, 2016 and June 30, 2017, respectively.

“In order to create a level playing field for the implementation of ISA 701 in the Nigerian banking industry, the CBN has obtained the concurrence of the FRCN for external auditors of all banks (both listed and unlisted)

to comply with the requirements of the new standard for audits of financial statements for periods ending on or after December 15, 2016.

“Accordingly, the auditors’ reports accompanying audited financial statements of all banks for the applicable periods should be compliant with ISA 701.” Meanwhile, the central bank in its revised “Guidelines for Direct Debit Scheme in Nigeria 2017,” among other things, stated that payment service providers must be duly licensed by the CBN and subject to electronic payment guidelines.

“The payment service providers shall execute direct debits in line with the instructions on the direct debit mandate.

It is the responsibility of the Payment Service Provider to give information, advice and guidance on all aspects of the scheme to the biller,” it added.

Fitch Rates Nigeria’s $1bn Eurobond ‘B+(EXP)’ Fitch ratings has assigned Nigeria’s upcoming dollar denominated senior unsecured notes a rating of ‘B+(EXP)’.

The agency explained in a note that the assignment of the final rating was contingent on the receipt of final documents materially conforming to information already reviewed.

It stated that the expected rating was in line with the country’s long-term foreigncurrency Issuer Default Rating (IDR) of ‘B+’, which has a negative outlook.

“The rating is sensitive to changes in Nigeria’s Long-Term Foreign-Currency IDR,” it added.

On 24 January 2017, Fitch affirmed Nigeria’s Long-Term Foreign-Currency IDR at ‘B+’ and revised the outlook to negative from stable. The long-term local-currency IDR is also ‘B+’ with a negative outlook.

Nigeria last week met investors for its first Eurobond sale in more than three years as Africa’s most populous nation battles an economic contraction and the worst dollar squeeze in almost a decade. From last Friday, officials held roadshows in London and the U.S. before the proposed issue of 15-year bonds, the country’s longest-maturity dollar notes yet.

Finance Minister Kemi Adeosun and the central bank’s Deputy Governor Sarah Alade led the meetings organised by Citigroup Inc. and Standard Chartered Plc. The delegation also included the budget minister, Udo Udoma; and Director General, Debt Management Office, Abraham Nwankwo.

The proceeds, along with those from a $1 billion loan Nigeria will seek from the World Bank, will be used to fill the government’s funding gap as it battles plummeting revenue from oil exports and shortages of fuel and foreigncurrency.

AFC, Others to Invest $205 in Mining An international consortium including Africa Finance Corporation (AFC) is set to invest in Alufer Mining Limited to fund the development of Guinea-Conakry’s high grade bauxite reserves.

The $205 million deal will be one of the largest foreign investments in the country since the 2014 Ebola crisis.

Once complete, the project will increase production levels in line with global demand, which at present outpaces supply. Currently, there is a greater than six per cent per annum 5-year growth forecast for aluminium consumption, primarily driven

by Chinese demand.

These shifts in supply and demand dynamics are expected to create an opportunity to ship high grade bauxite ore from Guinea to markets such as China on economically attractive terms,

thereby boosting Guinea’s GDP. At present, Guinea has a trade deficit ratio of c.20:1 with China.

Chief Investment Officer of AFC, Oliver Andrews, in a statement said mining exports had historically played a crucial role in Guinea’s economy, accounting for up to a quarter of Guinea’s exports.

“As global demand for aluminium increases, AFC is proud to be the sole private sector African investor in the Bel Air Mine, developing a world class mine that adheres to best practise environmental principles. We are also encouraged to see that Alufer has been working with the local community to develop sustainable projects which assist in the provision of drinking water, as well as development of local infrastructure and job creation.

“AFC is experienced in building and developing African economies that have suffered conflict and crisis. For example, AFC has been instrumental in the reconstruction of Cote d’Ivoire following the country’s civil war through investments such as the Henri Konan Bridge and in Liberia AFC financed the post Ebola rebuilding of certain fuel import and storage facilities damaged by the country’s long running civil conflicts. Equally, investment in Guinea’s infrastructure will help to rebuild and diversify the economy following the Ebola crisis,” he added.

Alufer currently holds a ratified mining convention in the Bel Air Project of western Guinea, as well as licenses linked to the Labé Project in central Guinea.

Access Bank to Partner KADCCIMA on Trade Fair Peter Uzoho Access Bank Plc has indicated its willingness to partner the Kaduna Chamber of Commerce, Industry, Mines, and Agriculture (KADCCIMA) on the forth coming 38th and 2017 edition of the Kaduna International Trade Fair holding from February 24 to March 5, 2017.

Disclosing this at the bank’s headquarters in Lagos, Manag-

ing Director/Chief Executive Officer, Access Bank Plc, Dr. Herbert Wigwe, who played host to a five-man delegation from the chamber who were on a courtesy visit to the bank, assured that the financial institution would participate at the fair.

“We do enjoy a very long personal and professional relationship with people. So for the Kaduna international Trade Fair we’ll come, we’ll

participate. And I’ll definitely be present on one of the days.

We’ll sponsor one of the events, either the quiz or the dinner, whichever one,” Wigwe assured.

The President of the Chamber and leader of the delegation, Dr. Muheeba F.Dankaka, had while highlighting the activities lined up for the 10-day programme said: “The theme of the fair is ‘Promoting Public-Private Partnership as Panacea for Accelerated Growth and Development.’

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 • Sour e

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

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 % ) • onetar

oli

ate

OPEC DAILY BASKET PRICE AS AT FRIDAY 3, JANUARY 2017 The price of OPEC basket of thirteen crudes stood at $54.24 a barrel on Friday, compared with $53.93 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

N

T H I S D AY TUESDAY FEBRUARY 7, 2017

31

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MARKET NEWS

NSE Index Declines Further as Bears Tighten Hold on Market Goddy Egene and Nosa Alekhuogie The bears maintained their strong grip on the stock market as trading resumed for the week yesterday, causing the Nigerian Stock Exchange (NSE) All-Share Index to fall by 0.83 per cent to close at 25,587.09. Similarly, market capitalisation shed N69.6 billion to close lower at N8.8 trillion. The negative

performance yesterday has worsened the year-to-date decline to 4.7 per cent.

The market has been bearish as investors’ sentiments remained dampened by poor corporate earnings by companies. Market analysts at Cordros Capital Limited said they expect positive corporate performance to change the negative trend going forward.

At the close of trading only

eight stocks appreciated while 25 shed value. In all, the weakness on the day was predominantly driven by PZ Cussons (-4.95 per cent), United Bank for Africa (-4.00 per cent), Transcorp (-2.63 per cent), Total (-2.24 per cent), Access Bank (-2.2 per cent), Dangote Cement (-1.7 per cent), Zenith Bank (-1.4 per cent), Oando (-1.0 per cent), Guinness (-0.4 per cent), and Forte Oil (-0.4 per cent).

However, UACN Property Development Company (UPDC) Plc led the price losers’ chart, depreciating by 9.2 per cent to close at N2.25 per share. At the current price, some market operators said the bid by the company to raise additional funds through a rights issue is under threat. According to them, the price is below the N3.00 issue price proposed by the company. UPDC has

applied to raise N5billion through a right issue of 1.719 billion ordinary share of 50 kobo each at N3.00 per share.

The Chairman of UPDC, Mr. Larry Ettah had said the capital injection was needed to deleverage the company and boost its operations.

“Our strategy for 2016 and beyond includes deleveraging the business through equity

capital injection by way of rights issue, sell down of surplus stake in the REIT and disposal of low-performing assets, as well as leveraging on partnerships and alliances that are in sync with the company’s long term goals,” he had said.

However, market operators said the continued decline in the price of UPDC may affect the amount to raise from the right issue.

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

33

T H I S D AY • TUESDAY, FEBRUARY 7, 2017

MARKET NEWS

United Capital Lists Benefits of Eurobond, Wealth for Women Funds Goddy Egene

The Managing Director of United Capital Asset Management Limited, Mr. Jude Chiemeka has said investors should take advantage of the two mutual funds floated

by United Capital Plc, to diversify their investment and reap improved returns.

The company has launched the United Capital Nigerian Eurobond Fund and the United Capital Wealth for Women Fund aim to meet the diversified investment

portfolio needs of indigenous and global clients.

Both funds opened for subscription on January 25, and will close on March 3, 2017.

Speaking on the products, Chiemeka said the company designed these new products specifically to suit the changing needs of our clients.

“We are excited to launch the United Capital Nigerian Eurobond Fund, as I believe if there was ever a best time for such a product, that time would be now. Our mutual funds have consistently

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager.

Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return.

An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

offered attractive dividend returns for investors and we expect our two new funds to follow suit,” he said.

He explained that United Capital Nigerian Eurobond Fund is an open-ended mutual fund that will be invested in Dollar denominated Eurobonds, floated by the Federal Government of Nigeria, Nigerian top tier banks and other corporate issuers whose securities are registered with the Securities and Exchange Commission (SEC).

floor of the Nigerian Stock Exchange.

A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg.

Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange.

GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 3-Feb-2017, unless otherwise stated.

He noted that the minimum investment is 10 units ($100 per unit price) and multiples of five units thereafter.

According to him, on the other hand, the United Capital Wealth for Women Fund is to encourage women to imbibe a savings culture, provide an avenue for women to be financially independent and to create a sustainable foundation for women’s financial empowerment and development in Nigeria.

Chiemeka noted that a

maximum of 80 per cent of the fund’s assets will be invested primarily in naira denominated fixed income and high yielding instruments and 20 per cent will be invested in carefully selected quoted stocks from the NSE. Group Chief Executive Officer, United Capital Plc, Oluwatoyin Sanni had the fund will invest in businesses who have significant women representation in their management/board.

“The Wealth for Women Fund comes at a time when

the cause of advancement of women is at the forefront of the Africa narrative. Several studies have demonstrated that businesses with significant participation by women on their Boards as well as businesses led by women often outperform their peers.

United Capital is committed to empowering African women and in launching this fund, we have gone beyond just saying it to doing something to support this cause through this innovative product,” she said.

Offer price: The price at which units of a trust or ETF are bought by investors.

Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return.

NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 127.68 127.77 0.37% Nigeria International Debt Fund 218.22 218.38 1.26% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.69 0.70 -1.19% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 17.57% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 12.29 12.66 -0.47% ARM Discovery Fund 286.87 295.52 -0.11% ARM Ethical Fund 22.05 22.71 -1.32% ARM Money Market Fund 1.00 1.00 17.18% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 105.87 106.62 0.75% AXA Mansard Money Market Fund 1.00 1.00 16.85% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Nigeria Global Investment Fund 2.15 2.21 -0.91% Paramount Equity Fund 9.34 9.58 -0.21% Women's Investment Fund 84.66 86.83 0.08% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 18.32% FBN CAPITAL ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,100.50 1,101.73 0.93% FBN Heritage Fund 110.03 110.77 -1.39% FBN Money Market Fund 100.00 100.00 16.31% FBN Nigeria Eurobond (USD) Fund - Institutional $104.46 $105.20 0.42% FBN Nigeria Eurobond (USD) Fund - Retail $104.22 $104.46 0.64% FBN Nigeria Smart Beta Equity Fund 112.62 114.06 -0.06% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 0.94 0.96 1.06% Legacy Short Maturity (NGN) Fund 2.60 2.60 1.33% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 2,189.97 2,215.31 -0.88% Coral Income Fund 2,141.22 2,141.22 1.76% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 1.00 1.00 16.59% Vantage Balanced Fund 1.69 1.70 0.22% Vantage Guaranteed Income Fund 1.00 1.00 15.52%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.00 1.02 0.48% Lotus Halal Fixed Income Fund 1,012.62 1,012.62 0.98% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: www.meristemwealth.com ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 9.60 9.68 -0.69% Meristem Money Market Fund 10.00 10.00 14.70% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.06 1.08 0.44% PACAM Fixed Income Fund 10.40 10.43 -0.10% PACAM Money Market Fund 10.00 10.00 15.02% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 111.00 111.95 2.59% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.26 1.26 0.97% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 1,810.52 1,820.34 -1.14% Stanbic IBTC Bond Fund 152.38 152.38 -1.03% Stanbic IBTC Ethical Fund 0.75 0.76 -1.95% Stanbic IBTC Guaranteed Investment Fund 188.15 188.15 0.67% Stanbic IBTC Iman Fund 128.72 130.45 -0.83% Stanbic IBTC Money Market Fund 100.00 100.00 17.56% Stanbic IBTC Nigerian Equity Fund 7,311.03 7,399.05 -3.57% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.13 1.15 8.00% United Capital Bond Fund 1.25 1.25 16.46% United Capital Equity Fund 0.65 0.66 -0.98% United Capital Money Market Fund 1.00 1.00 13.00% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 9.81 9.98 1.87% Zenith Ethical Fund 11.18 11.29 2.47% Zenith Income Fund 16.95 16.95 2.63%

REITS

NAV Per Share

Yield / T-Rtn

11.41 124.22

1.01% 0.20%

Bid Price

Offer Price

Yield / T-Rtn

8.07 72.48

8.17 73.84

-8.04% -4.35%

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

EXCHANGE TRADED FUNDS

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

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

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

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

2.40 5.36 11.57 14.44 125.86

2.44 5.44 11.67 14.64 127.86

-12.50% -23.62% -3.52% -9.41% -3.07%

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

TUESDAY FEBRUARY 7, 2017 • T H I S D AY

34

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Trump Travel Ban: States Urge Retention of Temporary Block Restoring President Donald Trump’s ban on immigrants from seven mainly Muslim countries would “unleash chaos again”, lawyers for two US states argue.

Counsel for Washington and Minnesota urged a federal appeals court in San Francisco to maintain its nationwide temporary restraining order.

They are being backed by

Benjamin Netanyahu Discusses Iran Threat with Theresa May Theresa May has hosted Israeli Prime Minister Benjamin Netanyahu for talks in Downing Street.

Mrs May restated concerns over settlement building in the West Bank, while Mr Netanyahu warned that Iran posed a threat to Europe, after it test-fired a ballistic missile.

The UK prime minister failed to greet her Israeli counterpart when he arrived because of a mix-up over timings.

The meeting was the first to take place face-to-face between the two leaders.

It came after the UK backed a United Nations Security Council resolution in December denouncing Israel’s settlements in occupied Palestinian territory as a “flagrant violation” of international law and a “major obstacle” to a just and lasting peace.

Before Mr Netanyahu’s arrival, Labour leader Jeremy Corbyn said: “Theresa May must make clear to the Israeli prime minister that the British government will stand unequivocally behind the rights of the Palestinian people, along with the many who support them in Israel,

as well as human rights and justice across the region.”

Mrs May’s spokeswoman said the prime minister was reiterating “our long-standing position to make clear that we see the continued increase in settlement activity undermining trust”.

The UK would continue to push for “a twin-track approach” to the Middle East peace process which also recognised Israel’s right to be safe from terrorism, she added.

The US has imposed sanctions on Iran following the testing of a missile - reportedly a medium-range ballistic missile - last month.

The UK was one of the signatories to the 2015 international agreement by which Iran agreed to curb its nuclear programme in return for the lifting of economic penalties.

At the start of his meeting with Mrs May, Mr Netanyahu said: “Iran seeks to annihilate Israel. It seeks to conquer the Middle East. It threatens Europe. It threatens the West.

It threatens the world. And it offers provocation after provocation.”

technology firms which say the travel ban is harmful to their businesses.

Trump administration lawyers are expected to respond later on Monday.

The restraining order was issued on Friday by a federal judge in Seattle, Washington, suspending Mr Trump’s executive order restricting immigration from seven mainly Muslim countries.

launched in August with the aim of clearing IS militants from a border area north of al-Bab and limiting gains to the east

by Kurdish forces.

Despite that, President Bashar al-Assad’s ally Russia has carried out joint air strikes with Turkey on IS positions around al-Bab since January.

The Syrian Observatory also reported on Monday that Turkish troops and rebel fighters were engaged in deadly clashes with IS militants around the village of Bazaa, east of al-Bab, which was recaptured by the jihadists over the weekend.

Government forces were also battling IS in the central province of Homs, after capturing the Hayyan

designed to allow the two states time to make their case that the ban is both unconstitutional and harmful to their residents, businesses and universities.

Their lawyers told the appeals court that any resumption of the ban“would reinstitute those harms, separating families, stranding our university students and faculty, and barring travel”.

They added: “Defendants

now ask this court to unleash chaos again by staying the district court order. The court should decline.”

They also lodged a statement by a host of national security officials - including former secretaries of state John Kerry and Madeleine Albright, and former CIA director Leon Panetta - which describes the travel ban as ineffective, dangerous and counterproductive.

France Election: Fillon ‘to Fight on Despite Payment Row’ The centre-right candidate for the French presidency, Francois Fillon, is set to tackle allegations of improper payments made to family members.

He will address supporters from his campaign headquarters, in what an aide described as a fight-back.

Mr Fillon’s bid has been overshadowed by claims, which he denies, that his wife and two of his children were paid for non-existent parliamentary work.

Some in his party, The Republicans, feel he should drop out of the race.

Recent polls have suggested that he may be eliminated in the first round of the presidential election in April, paving the pay for a possible run-off between centrist Emmanuel Macron and far-right leader Marine Le Pen. But a source close to Mr Fillon told AFP news agency that the candidate “will not give up”. The conservative Figaro newspaper said that Monday’s speech would mark the start of

Syria Conflict: Army Cuts IS Supply Route into al-Bab Syrian government forces have advanced towards so-called Islamic State’s last major stronghold in Aleppo province, cutting off the main supply route into al-Bab, a monitoring group reports.

The Syrian Observatory for Human Rights said troops had captured Tal Uwayshiya, a hill 9km (6 miles) to the south-east.

It overlooks a key road linking al-Bab to the IS-controlled city of Raqqa, in a neighbouring province.

Al-Bab is now almost surrounded by Turkish-backed Syrian rebels.

The rebels are laying siege from the north, east and west.

It is not yet clear whether the Syrian government is also aiming to capture the town, which is considered a prize by all sides in the five-year civil war.

But a military source told the pro-government al-Masdar website that troops were now within striking distance of the village of Tadif, on the outskirts of al-Bab. The government has denounced Turkey’s support of the rebel offensive, which was

Visa holders from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen will be allowed to enter the US until the full case has been heard.

The judge’s order received a furious response from Mr Trump, who claims national security is at risk.

The San Francisco appeals court has already turned down a Department of Justice request to set aside this temporary block,

oilfield west of Palmyra, the UK-based monitoring group said.

It comes as a US-backed alliance of Kurdish and Arab fighters begins a new phase of their offensive to isolate Raqqa.

The Syrian Democratic Forces announced on Saturday that it aimed to take areas east of the city, including the main road linking it to Deir al-Zour province, almost all of which is controlled by IS. The operation is being supported by air strikes by the US-led multinational coalition against IS and several hundred special forces personnel on the ground.

CORRIGENDUM We refer to the advert authorized by us titled RETURNS ON UTILISATION OF FUNDS SOLD TO CUSTOMERS for the week ended February 3,2017. The advert came out on Monday, February 06, 2017 on pages 7 and 51. Please note that the currency for items 240- 297 are in GBP (Great Britain Pounds) and NOT USD (United State Dollars) as inadvertently indicated in the advert.

This is for the information of the General Public and the CBN. - FirstBank Management

a “counter-offensive”.

Tarnished image Mr Fillon, a 62-year-old former prime minister, has denied wrongdoing and strongly defended his wife, Penelope.

Last month Le Canard Enchaine newspaper reported that she earned 500,000 euros ($534,000; £428,000) as her husband’s parliamentary assistant between 1998 and 2012, and questioned how much work she had done.

The paper also said Mrs Fillon was paid 100,000 euros for little apparent work at a literary review owned by a billionaire friend of the family - an allegation that could lead to corruption charges against her husband.

It subsequently emerged that Mr Fillon had hired two of his children to act as lawyers, paying them 84,000 euros between 2005 and 2007 - when they were students.

Investigators have begun an inquiry into the reports. Mr Fillon said he would step down if placed under formal investigation.

Until the reports emerged, Mr Fillon was the front-runner for the presidential election, thanks in part to his image as a forthright, honest politician.

The practising Catholic enjoyed a landslide victory over Alain Juppe, another former prime minister, in a party primary in November.

TUESDAY, FEBRUARY 7, 2017• T H I S D AY

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NEWSXTRA

Ambode: Lagos to Become Africa’s 3rd Largest Economy by 2020 Insists on removing yellow buses from Lagos roads

Gboyega Akinsanmi, Chima Obinna and Ugo Aliogo Lagos State Governor, Mr. Akinwunmi Ambode, yesterday disclosed that the prime goal of his administration is to grow the state from fifth to third largest economy in Africa by 2020.

Consequently, the governor added that it had become imperative to also end the operation of yellow commercial buses known as danfo on roads in the Lagos metropolis before the end of this year.

He disclosed this at the 14th annual lecture of Centre for Values in Leadership (CVL) held at MUSON Centre, Onikan, Lagos with a theme: ‘Living Well Together, Tomorrow: The Challenge of Africa’s Future Cities’.

The lecture, which organised by a renowned development expert, Professor Pat Utomi, was chaired by former Governor of Cross River State, Liyel Imoke, and attended by the Director of the Centre for the Study of African Economies, Oxford University, Prof. Paul Collier, among others.

Ambode explained the significance of infrastructure projects his administration had been executing in strategic sectors of Lagos economy, noting that it was directed at up scaling the status of the state.

He explained that the establishment of massive laybys, rehabilitation of inner-city roads and the construction of flyovers in different parts of the state were designed to end the challenges of urbanisation.

Specifically, the governor noted that the main objective of his administration remained the growth of Lagos from fifth to third largest economy in Africa, which he said formed the heart of his government.

To realise this prime goal, Ambode insisted that yellow buses would be removed from Lagos roads for a more efficient, well-structured and

world class mass transportation system that would facilitate ease of movement within the city.

He said the present connectivity mode in the state was not acceptable and befitting for a mega city, and as such, a well-structured transportation mode would soon be put in place to address the challenge.

Ambode said: “When I wake up in the morning and see all these yellow buses, commercial motorcycles and all kinds of tricycles, and we claim we are a mega city, that is not true. We must first acknowledge that that is a faulty connectivity that we are running.

“We have to look for the solution. That is why we want to banish yellow buses this year. We must address the issue of connectivity that makes people to move around with ease and that is where we are going.

“For instance, people going from Ikorodu to CMS have started leaving their cars at home because the buses are very convenient. So, why can’t we do that for other places?

“Yes, we do not have the money to do everything now but we can go to the capital market and then improve on the technology of collection of fares. That will encourage investors and then the city will change.”

Also, the governor said the state government was also embarking on massive reform in waste management system, expressing optimism that the plan “will be actualised by July this year.

“We are also embarking on massive reform in the waste and sanitation management system. I don’t like the way the city is and the Private Sector Participants (PSP) collectors are not having enough capacity to do it but again should I tax people to death, the answer is no.

“I do not want to tax people, and so we need this

Innocent Oparadike Dies at 66 Chief Innocent Oparadike is dead. He died on January 23, at the age of 66 years after a brief illness. Until his death, he was a devout Christian, a Knight of St. Christopher (KSC) of the Anglican Communion, an alumnus of Lagos Business School (LBS), University of Nigeria, and Staff Administrative and Staff College (ASCON), Centre for Management (CMD), among others.

Until his death, he was the patriarch of Onumajuru Ehirim Oparadike Clan of OburoOgwa. He was consummate public servant, whose career took him across different parts of the country. He held several positions among which were; the Chairman, Freedom of Communications Limited,

Lagos, member, University of Maiduguri Governing Council (2013 to till death), member, University of Lagos Governing Council (2005-2009), Group Managing Director, Daily Times Plc (1992-1993), Chairman, Governing Board of Imo State Orientation Agency (2003-2011), Chairman, Imo State Education Trust Fund (2009-2011), member, Imo State Executive Council (19921993), National Director of Information and Publicity, MAMSA, (1987-1990), Editor, New Nigerian Newspaper, Kaduna (1984-1987), Group Political Editor, National Concord Newspapers (19801983).

The burial arrangements will be announced later by the family.

partnership with the private sector so that it can invest in the sanitation management of the city and in no time, maybe

by July, the city will change forever.”

Also speaking, Utomi said the idea behind the formation of the group was to get young people to begin to appreciate early what leadership is all about, which is service to the

people.

Utomi, founder of CVL, said Lagos remained the best governed state in Nigeria in the last 18 years, and a good example of what the country should be beyond and without oil.

He thus commended Ambode on his leadership style, and particularly congratulated Lagos for being

named by the Rockefeller Foundation as one of the 100 most resilient cities in the world.

On his part, Director of Centre for African Economies, Oxford University, Collier, said from his over 30 years’ experience of coming to Nigeria, Ambode has proven himself to be the third excellent governor in a row in Lagos.

Collier, who was the keynote speaker, said judging by the population projection of Nigeria by 2050, now is the time for the country to start building its cities to conform to modern trend.

He said Nigeria’s oil had been a curse which messed up the economy, and so there was need to start proper planning for development.

MAY GOD COMFORT YOU

Former military President, General Ibrahim Babangida (rtd) , during a condolence visit to the family of the late former Governor of Niger State, Alhaji Abdulkhadir Kure, at their residence in Minna...yesterday

FASHOLA: APPOINTMENT OF AfDB OFFICIAL AS TCN MD UNCONNECTED TO $174M the Senate and the SGF over alleged mismanagement of internally displaced persons (IDPs) funds was the reason he stayed away.

But the SGF told the committee yesterday that he was not available for the defence last week because he had left Abuja on a condolence visit to the Sports Minister, Solomon Dalung, who lost his first wife.

Lawal said the funds appropriated for the office of SGF in 2016 budget was grossly inadequate to meet some of the responsibilities of the office adding that only 10 per cent release was made by the Ministry of Finance to SGF’s in 2016.

Drawing the attention of SGF to non-payment of former presidents’ arrears, the committee sought to know if it had been captured in 2017 budget and the SGF responded in the affirmative as the committee threatened to investigate poor release to SGF’s office in 2016.

Meanwhile, the interim Managing Director of the TCN, Mohammed, has temporarily suspended all payment accounts of the TCN with immediate effect, saying it was necessary to tighten controls on the company’s payment systems.

According to an official circular distributed to heads of the various departments of the company and which THISDAY saw, Mohammed

reportedly took this decision on February 3, 2017, the day he was confirmed by the Permanent Secretary of the Ministry of Power, Mr. Louis Edozien, as TCN’s new head.

He, in the circular, directed that all payment obligations of the TCN to contractors for capital projects through the Government Integrated Financial Management Information System (GIFMIS), Remita payment platform on the Treasury Single Account (TSA) of the Central Bank of Nigeria (CBN), as well as payments through CBN’s foreign transactions accounts for TCN be suspended henceforth.

Signed by him, the circular however stated that only payments for operational activities approved by him would be allowed while the suspension could be lifted after about a week from the date it came into effect.

The circular equally indicated that the TCN would not issue out any contract awards, Local Purchase Orders (LPO), work order, and letters of intent within this period as it pushes to improve transparency and efficiency in its operations.

However, the circular was greeted with yet another round of condemnation by workers of the TCN who were led by their two labour unions-the National Union of Electricity Employees (NUEE) and Senior Staff Association of Electricity and Allied Companies (SSAEAC) to continue their

protest against his appointment by the federal government yesterday in Abuja.

The unions, at a press briefing to bring journalists up to date with happenings at the TCN following the government’s replacement of its former Managing Director, Dr. Abubakar Atiku, with Mohammed, insisted that they would not recognise or welcome Mohammed to the TCN. They alleged that his announcement as the new head of TCN last Friday by Edozien, was done regardless of the directive of the National Assembly Joint Committee on Power that the ministry should revert to the status quo as regards the power struggle at the TCN. The committee also reportedly invited the Minister of Power, Works and Housing, Mr. Babatunde Fashola, to appear before it yesterday with all relevant stakeholders on the issue.

Speaking to journalists, NUEE’s state chapter Chairman for the Federal Capital Territory (FCT), Mr. Wisdom Nwachukwu, alleged that the unions were also snubbed by Edozien when they made efforts to dialogue with him on the development.

He said the unions would not recognise Mohammed, and asked the government to manage the situation with tact to avoid possibilities of an industrial action that could affect power supply.

“We are therefore calling on well-meaning Nigerians to impress it on the government

and its cohort to please stop this ugly push that will slow down the progress already made in the power sector.

“The National Assembly has advised for this ungodly move of removing the MD to be put on hold, yet the permanent secretary went ahead. Mohammed has since allegedly issued circular stopping all forms of transactions including payment of any form by TCN management,” Nwachukwu said.

He equally alleged that Mohammed was at the TCN to help the government perfects its plan to privatise the TCN. When THISDAY contacted Edozien to respond to the unions’ claims on telephone, he did not respond to our correspondent’s calls or text message as at the time of filing this report.

Meanwhile, Fashola may today inaugurate the six commissioners of the Nigerian Electricity Regulatory Commission (NERC) who were screened by the Senate but without a chairman.

Without Akintunde Akinwande, a professor in the Electrical Engineering and Computer Science department of the Massachusetts Institute of Technology (MIT) who rejected the offer to be chairman of the board and was subsequently not confirmed by the Senate, Fashola, according to a notice sighted by THISDAY, would be expected to inaugurate Musiliu Oseni, Dafe Akpeneye, Okafor Nwoye, Sanusi Garba (Vice Chairman), Nathan Shatti, and Moses Arigu.

TUESDAY, FEBRUARY 7, 2017• T H I S D AY

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NEWSXTRA

UNICEF: Osun, Ebonyi Record Highest Number FGM/C Kuni Tyessi in Abuja

Five states in Nigeria have recorded high rates of Female Genital Mutilation and Cutting (FGM/C) with more than 60 per cent, with Osun and Ebonyi StateS having the highest at 77 and 74 per cent respectively, according to National Demographic and Health Survey.

The other states are Ekiti 72 per cent; Imo 68 per cent and Oyo 66 per cent.

FGM/C comprises all procedures that involve partial or total removal of the external female genitalia, or other cutting of or injury to the female genital organs for non-medical reasons.

It is recognised internationally as a violation of the human rights of girls and women.

Marking the day, UNICEF representative in Nigeria, Mohamed Fall, stressed that “every study and bit of evidence we have shows there is

absolutely no benefit to mutilate or to cut any girl or woman genitals for non-medical reasons.

It is a practice that can cause severe physical and psychological harm.”

He said UNICEF is working with federal and state governments, especially in the southern states where the practice is most prevalent, training partners, creating awareness at all levels and working with communities to convince practitioners and community members to put an end to the practice.

“Support is growing for the national campaign to end FGM/C. With the support of the wives of the state governors, Imo and Oyo State Houses of Assembly are currently working on draft bills that will prohibit the practice of FGM/C and any custom or tradition promoting it.

When the bills are passed, Imo and Oyo State will join other most affected southern states-

Osun, Ebonyi and Ekiti-that already have laws against the practice in place.

“We applaud the progress that has been made in Nigeria, but there is still a long way to go.

Even though this practice has

persisted for over a thousand years, our evidence tells us that with collective action, it can end in one generation.

“It violates a woman’s rights to health, security and physical integrity, the right

to be free from torture and cruelty, inhuman or degrading treatment, and even in some cases, the right to life,” he said.

Last year February, wife of the president, Mrs. Aisha

Buhari, launched a national campaign to end FGM/C, calling on all parties to work together to halt this harmful practice. Her call underlines the need for collective action at every level.

IPOB Prays for Improvement in Buhari’s Health Says he must live to face trial at the Hague RUBBING MINDS ON ISSUES AT HOME

David-Chyddy Eleke in Aw a

The Indigenous People of Biafra (IPOB) has said it does not wish President Muhammadu Buhari death for any reason.

The group in a press release signed by its Media and Publicity Secretary, Emma Powerful, stated that the group acknowledged the sanctity of life, and cannot wish the president to loss what they (IPOB) cannot give.

It said part of the reason it wishes President Buhari to be alive is for him to face

charges of genocide against Igbos, which the group is seriously working towards.

“Our prayer is that President Buhari should be well enough to face his crimes at the International Criminal Court (ICC) because that is where he will end up. We are relentless in our pursuit until justice is served.

“More so, it is high time the presidency came out openly and tell Nigerians what actually happened to their president since he went out of the country.”

Court to Begin Fani-Kayode’s Trial on March 14

Alex Enumah in Abuja

Justice John Tsoho of the Federal High Court in Abuja has fixed to March 14, 2017, for the commencement of the trial of the former Minister of Aviation, Chief Femi Fani-Kayode Fani-Kayode who was also the Director of Media in the Peoples Democratic Party (PDP) Presidential Campaign Organisation, is standing trial on a five-count charge of alleged corruption and money laundering proffered against him by the Economic and Financial Crimes Commission (EFCC).

At the resumed trial yesterday, Fani-Kayode’s lawyer, Ahmed Raji (SAN), prayed the court for an adjournment to enable him go through the files as he was new in the case.

He said: “My lord, I am just coming into the case, I will need time to go through the file; so I would like to crave the indulgence of the court to

enable me familiarise myself with the case.

Prosecuting counsel, Johnson Ojogbane, however, asked the court to take cognisance of the fact that this was the second adjournment at the instance of the defence.

Ojogbane therefore, urged the court to give a definite date for the commencement of trial.

Responding, trial judge, Justice Tsoho adjourned to March 14, 2017, for the commencement of trial.

Fani-Kayode was arraigned by the EFCC on a fresh five counts bordering on money laundering.

The ex-aviation minister was accused of allegedly collecting N26 million from the office of the former National Security Adviser, Sambo Dasuki and using same for media campaign.

Fani-Kayode is facing another 17 counts of money laundering before the Lagos division of the court.

Cross River State Governor, Prof. Ben Ayade, rubbing minds with the Minister of Solid Mineral Development, Dr. Kayode Fayemi, at a mining conference in South Africa....yesterday.

Ibori Denies Twitter Account, Says He was Not Deported Former Delta State Governor, Chief James Onanefe Ibori, yesterday distanced himself from a Twitter handle linked to him since his return to the country.

In a statement signed by his Media Assistant, Tony Eluemunor, the former governor informed the public that he has no Twitter account.

He explained that reports got to him last Sunday that a Twitter handle in his name (@ ChiefIbori), with his picture, had been trending on the internet.

“His media office immediately reached out to some journalists such as to warn Nigerians not to fall victim to the fraudster who created that Twitter account for whatever reason. We can only suspect that a confidence trickster must have created that account to lure incredulous Nigerians into a 419 trap.

“Please, Ibori would like the public to disregard that account and to stop assessing

the Twitter handle over matters or discussions affecting him as he neither nor those working for him created that Twitter handle or has ever commented on it. The Twitter administrators have been advised to shut down the account and whenever Ibori sees the need to create a Twitter account, the public would be so advised,” the statement added.

In addition, Ibori described some news report that he was deported from the UK as false.

He said: “Even though I had wanted to publicise my return to Nigeria so that wrong meanings would not be read into the public interest I knew my presence in Nigeria would elicit, and also because I never wanted any crowd that would gather because of me to disturb a single Nigerian in the course of their duties, all my efforts to keep the trip secret failed. The airline that

brought me into Nigeria is public knowledge. So, too, my disembarkation airport.

“So, it would be easy to verify that I was not deported because the deporting country’s officials would always hand over deportees to Nigerian Immigration officials and documents would also be exchanged.

Those who have chosen to report lies, and claim that I was deported know that no document exists anywhere in the world to back up those malicious claims.

“Most of all, a record of documented letters between Ibori’s solicitors and the British Home off exist which proves beyond all reasonable doubts that Ibori was granted leave to exit Britain “voluntarily”, and he announced, as was reported by both the Reuters and the BBC, and several Nigerian news outlets that he would return to Nigeria in a matter

of days. He did not announce the exact day so as to avoid the situation that would result in crowd control challenges for the security services.”

According to the statement, on January 31, Ibori had confirmed in his last court appearance in Britain that he would appeal his conviction because the trial was riddled with corruption and other reasons.

“The court could not fix a date for confiscation hearing in deference to Ibori’s impending appeal, and so adjourned hearing till March 17; so the confiscation hearing will not start till after the appeal against Ibori’s conviction.

This remains one of Ibori’s greatest victories since the London case started.

“Ibori’s counsel requested for the adjournment in the hope that the appeal would have been filed before March 17, thereby putting the confiscation hearing on hold,” it stated.

Police Foil N7.2bn Gas Turbine Heist, Seize Five Trucks Emmanuel Addeh in Yena oa The police in Bayelsa State have halted an attempt by a gang of pirates to steal a Russian gas turbine worth N7.2billion around Etelebou, Gbarain community, Yenagoa Local Government Area.

It was learnt that if the suspects, now in police custody, had succeeded in moving the equipment, a combustion engine that can convert natural gas or other liquid fuels to mechanical

energy and then to electricity, it would have further worsened the power challenges currently being faced by Nigerians.

Commissioner of Police in the state, Mr. Asuquo Amba, did not elaborate, but he told journalists in Yenagoa yesterday that seven suspects had been arrested and five trucks recovered from the scene of the crime.

The new CP who said his officers intercepted the gang during the operation, noted

that rescue operations were also conducted to free some victims of kidnapping in the state. ‘’On January 29, 2017 at about 1,400 hours, through information, the police intercepted a Russian gas turbine at Etelebou, Gharain and prevented the removal of the said turbine valued at about N7.2billion. Seven suspects were arrested and five trucks recovered. Investigation is ongoing,’’ he said.

Some suspected kidnappers

that killed an army personnel and a civilian along the Angiama river between Bayelsa and Delta States in July 2016, he said, have also been apprehended by the police. ‘’On July 5, 2016, one Captain Buruma, male, who was in charge of a vessel, Yade One, was kidnapped by unknown gunmen along Angiama river, between Bayelsa and Delta States, during which an army personnel and a civilian were killed.

T H I S D AY TUESDAY FEBRUARY 7, 2017

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T H I S D AY • TUESDAY, FEBRUARY 7, 2017

TUESDAYSPORTS Cameroon: Kalu Warns No Repeat of History

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

WORLD CUP 2018

Former Abia State Governor, Orji Uzor Kalu, has warned handlers of the Super Eagles not to allow a repeat of Nigeria’s capitulation to Cameroon again following the triumph of the Indomitable Lions in the 2017 Africa Cup of Nations (AFCON) which ended in Gabon on Sunday night.

Cameroon defeated Pharaohs of Egypt 2-1 to win their fifth AFCON title.

But with the Indomitable Lions’ trip to Uyo in August to confront Eagles in the first leg of the 2018 World Cup qualifier, Kalu who is also Pillar of Sports in Nigeria, advised the country’s Franco-German gaffer, Gernot Rohr, to keep more than an eye on the team of the moment.

Kalu who followed the tournament specifically to size up the Indomitable Lions, insisted he did not bargain for the tremendous showing of the now five-time winners especially in the absence of some of their super stars.

He said: “The Indomitable Lions have become a looming threat to Eagles World Cup aspirations. I did not give them

a chance at all but now we have all seen that the road to Russia 2018 is going to be rougher.

For Cameroon to excel without Liverpool’s Joel Matip and the trio of Eric Choupo-Moting, Andre Onana and Alan Nyom, that’s incredible.”

He then urged the Super Eagles to remember the ill-fated journey to Italia ‘90 during which the Indomitable Lions stopped Nigeria despite the death of Sam Okwaraji.

“History must not repeat itself. During the Italia ‘90 qualifiers, Cameroon and Nigeria were in the same group. We needed just a draw in Yaounde to advance having beaten them 2-0 at the Adamasingba Stadium, Ibadan, the day Austin Eguavoen scored his first goal for the Eagles. It did not happen.

Peter Rufai was dropped at the airport by Clemens Westerhof, David Ngodigha was injured in the game that turned out to be Aloysius Agu’s debut.

“And the Lions were at the time Nations Cup champions having won Maroc 1988 edition. François Oman Biyik sealed it with a header that gave them a 1-0 victory,”

A C C E S S / L A G O S M A R AT H O N

Kalu warned.

He has also volunteered to open up talks between former captain Vincent

Enyeama and Rohr.

“I think there is communication gap between Rohr and Enyeama. I am

ready to bring them together.

We need good keepers to support Carl Ikeme. The Eagles also need to play

friendlies with Senegal and Burkina Faso. They are francophone and play like the Indomitable Lions,” Kalu said.

Former Senate President, Sen. David Mark (left) presenting a cheque to the overall winner, Francis Epe, at the grand finally of the 6th edition of Pa Aikwuta Mark Memorial Pro-Am Golf Tournament, at the Otukpo Golf and Country Club, Benue, on Sunday nan

Africa Business Round Epe Wins Aikwuta Mark Open to End Table Chief Commends Professional Drought Category 2 event with 131 nett, The crunching nerve was +3 over par 291.

Olawale Ajimotokan in Abuja Ambode, Access Bank “It was not an easy beating S. Igbetua by five shots in the composition of the Francis Epe finally won his first final round last group where tournament to win because while Blessing Obaje won the

The Executive Director of Africa Business Round Table, West Africa Region Dotun Ajayi over the weekend commended the Governor of Lagos State, Akinwunmi Ambode, and the sponsor of Access Bank Lagos City Marathon Access Bank for reviving the culture of exercise and running in Lagos State.

Ajayi who picked up his form of participation for the forthcoming Second Access Bank Lagos City Marathon said exercise, promote healthy lifestyle and longevity.

“There are lots of benefits, Nigerians should always engage in one form of exercise or the other to promote longevity, I commend Governor Ambode and Access Bank for this good initiative, “ he said.

Ajayi who visited the Marathon Office on Friday said engaging in sports would reduce a lot of health issues in the country.

“I am a late comer just trying to have my lifestyle changed towards a more productive and healthy lifestyle. I was guilty of not engaging in exercise but I now know better.

“I have done a lot of reading and I have realised that it should be a way of life for everybody, they should make exercise a way of life,” he said.

Ajayi said he was grateful to the organisers for sponsoring the marathon, saying that it would also promote tourism and create jobs for people.

“I know that it is also the sponsors’ corporate responsibility but it would go a long to promote foreign exchange in terms of tourism.

“People all over the world have made running a way of earning an income, so it is a positive trend for Nigerians.

“I urge the organisers and sponsors to continue with the trend in order to promote a healthy lifestyle, create jobs and showcase the country to the world through tourism,” he said.

Meanwhile, the Chief Coach of High Altitude Athletics Club of Jos Steven Nuhu, has revealed that 30 athletes of 15 men and 15 women will be storming Lagos ahead of the Access Bank Lagos City Marathon.

The marathon, scheduled for February 11, will see the country’s best competing against their counterparts from around the world.

Nuhu said the athletes have been preparing well and are rearing to go as he looks forward to some of them breaking into the top 10.

“Although the athletes were not camped, they have been participating in several marathon competitions which has put them in top shape,” he said.

“This year will be better than last year because from the competitions so far, the athletes have improved their time, and that means we are going to do much better.

professional title on the Nigerian Tour since he joined the PGA of Nigeria in 2011 following his victory at the 6th Pa Aikwuta Mark Memorial Tournament at Otukpo Golf and Country Club, Akpegede-Otukpo, Benue State over the weekend.

The six-year- wait bore every hallmark of specialty given that the Aikwuta Mark Open was the forerunner on the Nigerian Order of Merit Schedule for 2017 with a repertoire of the nation’s leading players in attendance.

Epe from Ikoyi Club 1938 reined in the final day pressure when he shot -2 under par 286 to secure victory and take home the winner’s purse.

Epe found himself on the tee playing aside Sunday Olapade and Gift Willy.

After they all dropped shots on the opening hole, Epe drilled four birdies and 12 pars to steer ahead of the pack. He hit 14 fairways and all greens in regulation for a closing round of 70, his best round over 72 holes.

Emos Korblah from Ghana was three shots off the pace for second place ahead of countryman Vincent Torgah, who finished at +2 over par 290.

Elisha Markus, Willy and Olapade, whose opening tee shot rested in the rough to the left, shared fourth position at

I was nervous playing in the last group. But I controlled my temperament and struck to my game plan. I reaped from vital birdies and par saves. I hit all par threes and never made another bogey until hole number 15. It is a great feeling to start the Nigerian season as a winner,”Epe summed up afterwards.

Apart from Epe’s baptismal triumph as a pro, the individual feats of Idris Garba and Amedu Usman were some of the highlights of the tournament.

Garba shot an albatross on the par 4 hole 4, while Usman made a hole-in-one at hole 9.

Danjuma Joel won the men

Ladies Handicap 0-36 gross prize with 146.

The sponsor of the tournament, Senator David Mark, who organised the tournament in memory of his father, said Nigeria would not be recognised as a great golfing nation unless the professional game was developed by amateur golfers with means and influence.

He said the Otukpo Golf Course that runs an academy for children is to encourage the youths to embrace golf and take the boys from the streets by channeling their energy into sports instead of activities detrimental to the society.

Grange School Wins Zenith Bank/Ikoyi Club Swimming Grange School at the weekend emerged the champions of the Ikoyi Club 1938 Inter-school Swimming Gala for Secondary Schools.

The competition sponsored

by Zenith Bank saw Grange toping with 240 points after amassing 12 gold, 11 silver and eight bronze medals.

British International School finished second with 170 points which comprise eight gold, seven silver and two bronze medals

while Children’s International Schools came third with 80 points after winning five silver and six bronze medals.

15-year-old Nulia Nwokolo was the star athlete for Grange as she won four gold medals in 15-16 years butterfly girls; backstroke girls; freestyle girls and freestyle relay girls.

In some other individual awards, Amaka Kanu of XFactor team won the best overall female with Omooluwani Obatoyinbo

of BIS going home with the best overall male award.

Individual per age category goes to Adewole Adekoye of Grange as the best 11-12 male while the female was won by Amaka Kanu of XFactor. The best 13-14 male goes to Obatoyinbo of BIS as Feechi Odinkalu also of BIS won the female category.

Olaseni Adekeye and Nwokolo of Grange won the best 15-16 male and female respectively.

The Chairman, swimming section of Ikoyi Club 1938, Segun Adekoya, appreciated the sponsors, Zenith Bank, and the parents for a successful competition over two weekends.

The primary schools edition of the competition was held towards the end of January.

Adekoya promised that some of the students would be monitored as the club continues to build brilliant children good in academics and sporting activities.

Tuesday February 7, 2017

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Price: N250

MISSILE Novia to Buhari’s Handlers “And President Buhari has extended his vacation indefinitely.

Vacation turns sick leave and the nation is on tenterhooks. 2009 all over.” – Nollywood Director, Charles Novia alluding that this present scenario of President Muhammadu Buhari’s illness could be likened to the mystery surrounding the sickness and eventual demise of Yar’Adua.

TUESDAY WITH REUBENABATI A visit to The Gusau Institute abati1990@gmail.com

T

he road to Kaduna from Abuja was horrific. I had been told that the journey would take no more than one and a half hours, and I had set out early for a 9 am appointment as scheduled, but I didn’t get to Kaduna until four hours later. There were too many potholes on the road, too many terrible encounters, too many tanker and lorry drivers threatening to run into other vehicles or push them off the road, too many motorcyclists competing for space with vehicles, stupidly driving in the middle of the expressway, posing a menace. I felt as if I was on an expressway to Hell. The air conditioner in the car made no difference. I sweated all the way to our destination with my heart in my mouth.

For the most part of the journey, half of the expressway was shut down, and the to and fro vehicles had to share a half of the road. The driver explained that the other side of the road had to be shut down so it could be repaired ahead of the planned closure of the Abuja Airport and the diversion of air traffic to Kaduna.

But no construction activity had started, less than a month to the planned diversion.

I saw at different intervals, men of the Federal Road Safety Corps keeping watch, but they were just there, doing nothing.

They stood by as the madness on the road went on. I had to take this particular route, because I had pleaded with the driver not to take the Southern Kaduna route. He then suggested the Bwari route to our destination, far away from the sickening Southern Kaduna route, that is the NasarawaKaduna end, where persons are kidnapped or slaughtered whenever the devil of religious and ethic differences descended from the worst quarters of Hades. As we travelled, I ruminated over the prospects that await everyone who has been consigned to the fate of travelling from one part of Nigeria to the other to Abuja from March 8, due to the proposed closure of the Abuja airport and the diversion of air traffic to Kaduna airport. All such persons are bound to face the danger that lies in wait on the Kaduna-Abuja road. Not everyone will survive, I suspect, because relying on what I saw, the motorists on that route seem to be on a special kind of hard drug, in addition to the poor state of the road itself.

In retrospect, I now understand why a friend advised me to take the train to Kaduna. He had high praise for the rail system that now links the two cities. And I did make an effort to have a taste of what the Jonathan administration did while we were in office. For more than three hours, I tried to gain access to the ticketing portal of the Nigeria Railways. It did not work.

All through the night, there was no access.

The only other option was to go to the station itself, but that was far away from the city, in the middle of nowhere. Going from Abuja to Kaduna or vice versa is thus quite a nightmare, by road, rail or air (before

Gusau now, only Arik Air went to Kaduna and we all know what has become of Arik Air).

It is befuddling that those who want to repair the Abuja airport and divert air traffic to the Kaduna airport have not thought their way through this matter carefully in order to make life easier for travellers who would like to travel by road or rail.

I finally made it to Kaduna. Thank God, I did. Subhanallah. I saw a cosmopolitan city in varying stages of decay. Every city has a soul and a character. Kaduna has lost its soul. It is losing its character. It used to be a major commercial hub in the North.

People used to travel from different parts of the North to shop in Kaduna - that commercial traffic has stopped. Kaduna is also the home of influential Nigerians, the home base of the famous Kaduna Mafia.

It is the city where every Northerner who has made some small change wants to live in, it is the city of the Generals and their foot-soldiers, but the return to democracy has robbed Kaduna of its influence to a large degree. It remains all the same, a city of great potentials, like Lagos, like Aba, like Port Harcourt. My take is that perhaps some day, Nigeria should have designated special cities. In order to spread development, and to address regional and ethnic concerns, we should have more than one capital city – oil and gas should be domiciled in Port Harcourt, trade and investment in Aba, and Lagos, foreign affairs in Kaduna - to create a greater sense of ownership and inclusivity, and to put an end to the cul-de-sac-ness of Abuja.

I am beginning to digress. I went to Kaduna not to do city review; it is just that the amebo part of me won’t stop me from writing about what I saw on the way.

Now, the main story: I went to Kaduna as a guest of the Gusau Institute: the very important and laudable legacy of retired General Aliyu Gusau Mohammed. A few weeks ago, I had written about the scarcity and disappearance of bookshops and libraries in Nigeria. It has turned out

that there are indeed some individuals in this same heavily harassed country, in this season of extreme dispossession, who are using their time, resources and estate to promote knowledge, reading and research.

General Aliyu Gusau Mohammed is a main torch-bearer in that regard. He has not been President of Nigeria, but he has in Kaduna the equivalent of a Presidential Library, dedicated to public service and the promotion of research and reading.

Marlene and Mohammed, the two dedicated staff who currently manage the place took me round.

There are two sections: a building, which General Gusau uses as his office, with three electronically linked conference rooms where Number One, as he is called, holds meetings and seminars, in addition to a downstairs hall where his military records are on display, including banner displays of newspaper quotes, autographed books from world leaders, an electronic display of his life history and the history of Nigeria since antiquity, medals, certificates, commendations, and a subtle demonstration of his association with the leading intelligence agencies in the world. General Gusau has been at the centre of Nigerian politics for more than 40 years, serving majorly as Nigeria’s spymaster and intelligence chief.

Every government has had to use his services one or way or the other, and he is without doubt, one of the most resourceful and influential Nigerians of Northern extraction alive today. I met him for the first time in 1998, at General Olusegun Obasanjo’s house in Ita-Eko, Abeokuta, the day the General and former Head of State returned from Abacha’s gulag. I tried to introduce myself to him, but he cut me short by telling me about myself. “It is part of my job to know everything about people like you”, he said.

We moved from the General’s office to the Institute, next door: a four–floor edifice with a guest chalet at the back, in a serene part of the Kaduna GRA. What General Aliyu Gusau Mohammed has set up is a strong research and training institute, made available to the public free of charge, as his own contribution to the growth and development of Nigeria. On the first floor, we took a look at the Gusau Training Institute, an entire floor dedicated to the training of young Nigerians in computer arts, web development, programming, Java script etc. I met some of the students in class. The Gusau Institute prepares them for certification examinations. The General picks up their bills. We moved to the next floor.

This was the General’s personal archive. I found in this section of the Institute, some of the most valuable resources of Nigerian history. Access to this section, I was later told, is restricted, only with the express permission of the General himself. On that floor, General Gusau has a rich archive of Nigerian history. Sections of it are devoted to copies of everything ever published

about and in Nigeria: from row to row, I saw bound copies of every edition ever published, of The Guardian, Daily Times, Punch, Vanguard, Newswatch, Nigerian Tribune, etc. When I saw bound copies of Classique, Newbreed, The Citizen, NewAge, Hotline, The Source, TSM, I screamed…

I screamed louder when I was taken to a section where I was told every piece ever written by any regular newspaper columnist in Nigeria is stored. The General told me that he has a copy of every piece that Reuben Abati has ever written anywhere in Nigeria or wherever. I looked around. I didn’t immediately see my own compilation but I saw a huge pile titled Chido Onumah.

I looked again and I saw another section titled General’s emails. Every email ever sent to the General by whoever is on record. I looked again. I stumbled on military records including promotion examinations set for the military from one grade to the other as far back as 1970. In that section of the Gusau research Library, current newspapers are also still being archived, laid out on the ground, and being sorted out by staff.

We moved to the next floor. This is the main heart of the Gusau Institute.

It is the Gusau Research Library. Wow. Wow. Wow. In this section of the building, there is a digital, virtual library where a researcher can electronically access books and journals from all over the world. The bookshelves currently hold about 22, 000 books. Marlene and Mohammed told me that the Gusau library has also given out about 40, 000 books. “We don’t stock books on children issues or education because we are primarily a research library, so we give out such books when the General says so.

We also give out books on agriculture and architecture. But Number One has asked us to start a special section on agriculture and architecture based on requests.”

Going round this section of the building, I saw rows and rows of bookshelves on politics, science, foreign policy, intelligence, business and management, international relations, military arts, security, history, literature, Nigeria, Africa, the encyclopedia, and philosophy. In the foreign policy section, I observed that most of the books are on military intelligence and national security, and in the literature section, there is a huge collection of novels on espionage apparently the library is a reflection of the reading taste of the owner and his life-long career. There is also a magazines section, with every current edition of a published magazine, Nigerian and international on display. I saw more than 20 on display, with back copies.

I was impressed, indeed overwhelmed.

In a country where retired Generals take new wives and disappear into the sunset, and few persons are interested in reading and research, it is refreshing to see the likes of General Gusau investing in human capital development with their resources.

Thank you, General.

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