Tuesday 14th February 2017 by THISDAY Newspapers Ltd

Osinbajo: FG Secures $1bn from Shell to Develop Niger Delta Tobi Soniyi with agency report

The federal government has secured funding of over $1 billion from Shell Petroleum Development Company (SPDC) to develop the Niger Delta region, acting President

Yemi Osinbajo said yesterday. Osinbajo, who is on the second leg of his peace and dialogue tour of the oil-rich region that witnessed a resumption of militant attacks on oil facilities last year, made the announcement yesterday in Port Harcourt, the Rivers

State capital, at a town hall meeting with governors, former governors, community leaders, women and various youth groups in the Niger Delta region. He said the vicious cycle of abandonment amidst plenty and neglect of the

region must stop, adding that this underscored the priority given to the clean up of Ogoniland by the administration of President Muhammadu Buhari. Osinbajo said the inauguration of the governing council and board of trustees

on August 4, 2016 and January 12, 2017, were some measures taken by the administration to ensure the clean up of Ogoniland, reported the News Agency of Nigeria (NAN). “A funding of $1 billion at $200 million per annum over five years has been provided

by Shell to provide drinking water, conduct health impact assessment and demonstrate remediation technologies. “A groundbreaking for the construction of Centre of Excellence will be launched Continued on page 39

Discos Given 15 Days to Submit Accurate, Verifiable Records on MDA Debts ...

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Tuesday 14 February, 2017 Vol 22. No 7971. Price: N250

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What Manner of Valentine for the Polyamorous in Nigeria Forget the roses, perfumes and lingerie. For some, nothing is as exhausting as Valentine’s Day, no not in the sexual sense of it. Mental fatigue, burning up road miles, dejection and the fear of getting caught is the brunt some lovers have to bear. Be it side chicks, stone-faced mistresses, gigolos or long-suffering wives, the trauma is real, writes Omolola Itayemi

TEACHING CUSTOMERS TO SURVIVE TOUGH TIMES... L-R: Managing Director, Verod Capital Limited, Mr. Danladi Verheijen; Head, Consumer Banking, Diamond Bank Plc, Aishah Ahmad; Partner/Chief Economist and FS Advisory Leader, PwC Nigeria, Global Project Blue Co-Leader, Dr. Andrew. S. Nevin; Deputy Managing Director, Diamond Bank Plc, Caroline Anyanwu; Partner of Apis Partners LLP, Mr. Rotimi Oyekanmi; and Managing Director, Sankore Limited, Mrs. Titi Odunfa-Adeoye, at the Diamond Bank Investment Seminar held for its Privilege Customer Group, in Lagos… recently

Mrs. Funmi Ali (not real name) has spent every February 14th having lunch with her husband, Seyi. After lunch, she hangs around the office with him or follows him to Ikoyi Club for his game of golf. This ritual might sound strange to some but not to Continued on page 10

Trump Calls Buhari, Signifies Readiness to Help Nigeria with Weapons to Combat Terrorism Invites Nigerian president to the White House

Tobi Soniyi in Abuja In his third phone conversation with an African leader since he won the U.S. presidential election last November and since his swearing in as the 45th President of the United States on January 20, President Donald Trump called President Muhammadu Buhari yesterday

and pledged the support of his country in Nigeria’s fight against terrorism. Trump also indicated his readiness to cut a new deal in helping Nigeria with military weapons to combat terrorism,

signifying a departure from the Barack Obama administration, which had blocked efforts by the Nigerian government to procure Americanmanufactured military weapons, citing alleged human

rights abuses by the Nigerian military. Although there was no statement from the White House on the phone call, a statement issued yesterday by the Nigerian president’s

spokesman, Mr. Femi Adesina, said Trump spoke with Buhari who is still on vacation in London, the United Kingdom, on the phone. After his phone call to Buhari, Trump was slated

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to speak to South Africa’s President Jacob Zuma later yesterday. Prior to his call to both African leaders in commemoration of Africa Day, Trump had spoken twice to Egyptian President, Abdel Fattah al-Sisi – once after he Continued on page 39

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TUESDAY, FEBRUARY 14, 2017 • T H I S D AY

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20% of Naira in Circulation is Fake, Says Former CBN Dep Governor Saraki, Dogara harp on N'Assembly’s power to alter the budget CSOs uncover N151bn frivolous proposals in 2017 Appropriation Bill Omololu Ogunmade and Damilola Oyedele in Abuja Twenty per cent of the currency in circulation is fake, a former Deputy Governor of Central Bank of Nigeria (CBN), Dr. Obadiah Mailafia, has disclosed. Mailafia made the disclosure yesterday while speaking at the opening session of a threeday public hearing on the 2017 budget appropriation process in the National Assembly on the topic: “Public Finance in the Context of Economic Recession: Innovative Options.” The ex-banker who said investors’ knowledge of the huge economic potential in Nigeria was the reason for the recent oversubscription of the $1 billion Eurobond sale by the federal government, adding that it was saddening that the concerned authorities appear to be oblivious of the gravity of the fake currency in circulation, which he said was highly detrimental to the growth of the economy. According to him, when fake currencies of that magnitude circulate, original currencies become scarce, warning that “bad money chases away good money”. Mailafia blamed the recession in Nigeria on a number of factors such as the fall in oil prices, dwindling foreign reserves, a weakening naira, negative growth, and the existing gap in public policies. Other factors he listed were poor banking practices, the stock market crisis, speculation, regulatory failure, corruption and fraud, as well as weak macro-economic management. He described the American depression of 1929 as one of the worst in world history, recalling that though the crisis was caused by a stock market crash, it was compounded by the myopic intervention of

the U.S. government at the time, which he said increased the interest rate in the face of the recession, instead of lowering it. Mailafia warned the federal government and financial regulators against the high interest rate regime, pointing out that it would only aggravate the nation’s economic woes. He also warned against a hike in taxes, suggesting that the federal government should expand its income tax base by getting more people to pay taxes instead of increasing them, stating that doing so will further impede economic growth and investment. He also narrated how the U.S. government headed by Franklin D. Roosevelt later rescued the depressed American economy by boosting consumption and building infrastructure which provided jobs, and advised the incumbent government of President Muhammadu Buhari against sustaining its excuses that it did not cause the recession, reminding it that the buck stops on its table. He also advised the legislature and the executive to deploy the current budget process to stimulate the economy, focus on factors that can rejuvenate growth, stabilise the exchange and interest rates and simultaneously provide a stimulus package that will ensure a synergy between economic growth and the budget package. He said it was unfortunate that the Central Bank of Nigeria (CBN) allowed the MMM Ponzi scheme to operate in Nigeria, a situation he said could be detrimental to an already crippled economy, in view of Nigerians’ gross involvement in the scheme through the withdrawal of monies with commercial banks for investment in the scheme. He described the trend as risky

for banking. He further advised the government to reposition key institutions, invest in key infrastructure that can create employment for the teeming youths as was the case in the United States, which re-invented railway operations and reduced taxation. Also delivering a speech on “Key Challenges of Planning and Budgeting in Nigeria: A Case Study of Social Safety Net Programme Implementation in Nigeria”, Dr. Nazif Darma, of the Department of Economics, University of Abuja, blamed the stagnation in the economy on the absence of planning. He noted that India’s economy has grown consistently for decades because the country has a history of national planning spanning 65 years. He also canvassed the need to review the Vision 20:20202 blueprint which he said should be aligned with the Sustainable Development Goals (SDGs) of the United Nations. Darma also echoed Mailafia on taxation, saying “this is not the time to increase taxes. You can increase the number of people that will pay taxes”. According to him, a fiveyear development plan should be drawn from Vision 20:2020 plan. In her presentation, Minister of State for Budget and National Planning, Mrs. Zainab Ahmed said the 2016 budget failed to achieve its target because of the following factors: the contraction in GDP; the fall of the oil production from the targeted 2.2 million barrels per day to 1.4 million; galloping inflation of over 18 per cent from the projected 9.8 per cent; protracted depreciation of the exchange rate from the projected N197 to $1 to N305/$, while the revenue target of 3.8 per cent only attained 2.117 per cent. According to her, oil revenue

declined sharply due to the fall in oil prices while the drop in oil production arising from the militancy in the Niger Delta compounded the situation. She, however, said the 2017 budget was conceived to achieve economic recovery, stimulate growth, pull Nigeria out of the recession and sustain macro-economic growth, adding that the budget would expand the frontiers of private-public partnerships, provide jobs through small and medium enterprises (SMEs), create wealth, and foster social safety for the poor and vulnerable in the society. She added that this year’s revenue projection of N4.942 trillion is 28 per cent higher than the N3.85 trillion target in 2016, with 11 per cent of the projection meant to be drawn from recovered loot and 4.9 per cent from value added tax (VAT), among other sources. Her counterpart in the ministry, Senator Udoma Udo Udoma, who came late to the event, said in line with the submissions of Mailafia and Darma, the government had no plan to increase tax and the VAT rate but was seeking to broaden the tax base. “I will like to talk on taxation. A view was expressed that we should not increase taxes; we should broaden the collection of taxes. That is precisely what is in the budget. There is no increase in VAT, there is no increase in the company income tax, there is no increase at all in taxes,” Udoma said. In his submission, Minister of Agriculture, Chief Audu Ogbeh, traced the foreign exchange crisis to 1986 when he said naira was first devalued by the military regime of General Ibrahim Babangida, saying since then, the naira has been consistently devalued.

Ogbeh also supported the view on lower interest rates, saying unless economists and bankers collaborate on reducing interest rates, “a disaster lies ahead”. However, a coalition of civil society organisations under the aegis of Citizen Wealth Platform (CWP) said it had uncovered a range of frivolous, inappropriate, unclear and wasteful expenditure proposals in the 2017 budget. According to the group, the sum of N151.536 billion was allocated to wasteful, duplicated and needless proposals and had been identified in the budget which it wanted the National Assembly to save by striking out such proposals, some of which it said were contained in 2016 budget. The coalition also called for a reduction of National Assembly budget of N115 billion in 2017 to N110 billion “in the spirit of the austere times and to demonstrate solidarity with the Nigerian people who are suffering and going through untold hardship”. Meanwhile, the Speaker of the House of Representatives, Hon. Yakubu Dogara, in his address, described as erroneous the impression that the National Assembly could not tinker with budget estimates laid before it by the president. “The people who hold such views are ignorant about the nature and exercise of executive power,” Dogara said. “Except where the constitution grants powers or duties to the president, the executive governing authority must be created by legislation. “Therefore, the exercise of any executive power by the president or any member of the executive not expressly conferred on him or them by the constitution or an Act of parliament is ultra vires.

that day. Only very serious appointments are attended to. He is at home all day and only serious telephone calls are entertained, no calls from girlfriends and mistresses and unknown numbers. Clemas, fondly called, ‘guy man’ by his friends would rather not rock the boat, as that day has been declared strictly for his wife, Ogechi. “On Valentine’s Day, all sins are forgiven and the slate is wiped clean, so I will rather be with madam,” says Okeke.

old relationship meant that such meaningless affairs were damn good indeed. Well until, he got married two years ago, but those meaningless affairs didn’t stop. Smarting from last year’s near fiasco on Valentine’s Day, Zikora has perfected other plans. On Valentine’s Day, he goes to work with his main babe, she’s lodged in a hotel near his office and will sneak in for some fun time during office hours. After work, he drives down to the hostel near the University of Lagos to spend time with his smallie (undergraduate girlfriend), armed with gifts and take-away food for her. He doesn’t eat much as madam has dinner waiting at home. An almost exhausted Zikora eventually gets home late with the excuse of late

“There is nothing known as executive appropriation of public funds under our constitution or laws,” Dogara added. The Speaker further said the legislature would not abdicate its constitutional responsibility no matter the degree of intimidation and blackmail it is subjected to by persons who “brazenly put our democracy in a recession”. Dogara further harped on the need to institutionalise the scrutiny of annual budgets by CSOs as parts of efforts to enhance transparency, adding that many CSOs had already scrutinised the budget and pointed out areas of waste and duplication. While declaring the event open, Senate President Bukola Saraki pledged the commitment of the legislature to engender economic recovery and growth. “To this end, we will ensure that proposed projects and programmes, and their estimated expenditure are in sync with government priorities. “Beyond that, we will also ensure that in line with the amended Procurement Act, a sizable part of the capital expenditure is retained within the country as government patronises made-in-Nigeria products,” Saraki said. He added that the legislature would focus on priority bills that would facilitate the ease of doing business in Nigeria, particularly in critical sectors of the economy. He listed such bills to include the National Transport Commission Bill, National Road Fund Bill, National Road Authority Bill, National Inland Waterways Bill, Nigerian Ports and Harbours Authority Bill, Infrastructure Development Commission Bill, Petroleum Industry and Governance Bill and the Federal Competition and Consumer Protection Bill.

WHAT MANNER OF VALENTINE FOR THE POLYAMOROUS IN NIGERIA Funmi who will not have it any other way on Valentine’s Day after slugging it out with Mabel, one of her husband’s chicks on the side six years ago at a fancy restaurant in Lagos. Seyi knows the drill but it serves as little or no deterrent because he spent time having breakfast on a boat cruise with Aaliyah, his latest mistress. With this arrangement, Mr. Ali believes everybody is happy but at whose expense? Mrs. Ali knows her husband is guilty of various affairs and has caught him in flagrante delicto many times. She has cried her eyes out, begged, prayed and fasted for him to change, all to no avail, so she has taken the bull by the horn and become more assertive, demanding that what is due to her must be given to her. One of such is the Valentine’s Day shenanigan she gets up to.

Mr. Ali is part of the increasing number of married men with girlfriends or side chicks, as they are called, who have to juggle two or more women on Valentine’s Day as everyone demands time, affection and presents, even when they know that the day is more of a commercial venture than romantic one.

Mistress’ Day The scenario might strike you as odd but that’s what is buzzing on the streets. For those ahead of the game, some husbands celebrate Valentine’s Day one night early and not with their wives. It doesn’t appear on the traditional calendar, but the 13th of February has been branded ‘Mistress’ Day’ for unfaithful Nigerian men and their partners in crime, leaving Valentine’s Day free for a date

with their long-suffering wives. Take notice if your husband is missing for several hours on February 13th. Be wary if he invents excuses to come home late, or to run an errand later on Valentine’s night. These could be additional telltale signs but do the husbands ever learn. The women are usually the ones who bear the brunt emotionally and sometimes physically when it results in brawls. Unhappy girlfriends, side chicks and mistresses who are unhappy when ignored and wives who find out about such liaisons,

Blanket Ban If you think Mr. Ali’s Valentine’s Day ritual is strange, then Clemas Okeke, an entrepreneur, married with three children will freak you out. He avoids the office on

The Multitasker Woody Allen once quipped, “Sex without love is a meaningless affair. But as far as meaningless affairs go, it’s pretty damn good.” Meet Zikora, a 39-year-old sales manager with one of the telecoms companies for whom the abrupt end to a nine-year-

Continued on page 39

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T H I S D AY TUESDAY, FEBRUARY 14, 2017

COMMENT

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

REMEMBERING AARE ARISEKOLA Folu Olamiti pays tribute to the late Aare Musulumi of Yoruba land on his birthday

enowned Aare Musulumi of Yoruba Land, Alhaji Arisekola Alao passed on two years ago. Today, he remains tall even in death. In his life time, the Aare made great impacts in the lives of many. His infectious sense of accommodation, altruism, generosity, piety and enterprise are virtues that endeared him to me and many others. I was one of the closest friends the Aare kept and encouraged all through. For this, I missed him greatly. I did not know what hit me on the day the news of his death broke. I was browsing through my Whatsapp and suddenly stumbled on Alaba Igbaraola’s portal. She tersely wrote,” Aare Arisekola is dead”. I thought it was a joke, and wondered whether it was April fool stuff. Sadly, Chief Arisekola died on the June 17, 2014. The news of his death went viral on Internet, almost instantly and formed the centre of discussions in virtually all radio stations. Television channels were not left out. And that was it. To the Aare, February 14 was very special. That was the day of his birth and we all his friends loved to celebrate the day with him. If he were still alive, he would have clocked 72 years. I was contemplating writing a tribute last week, when Musa, one of Aare’s children, posted a video where he was playing table tennis with his father. I watched that video severally and shed tears as his voice resonated. It is still hard for me to believe that the Aare is gone for good. I believe firmly that a horde of people who sulked from his breast of human kindness will never forget him too. Chief Arisekola had carried philanthropy to admirable level with the good heart he demonstrated towards the poor and the rich. He was never tired of giving to anyone who sought his assistance, and he did that on daily basis. For instance, every Friday, hundreds of Muslims and Christians alike made it a ritual to collect stipends that will put food on their tables for the weekend. Since his demise, no one has stepped forward to take up that kind of philanthropy. My encounter with the Aare was a story rooted in destiny. I intend to give details in my coming memoirs, anyway. It all started on the April 6, 1980 as the News Editor of Nigerian Tribune. The management had granted me a N2000 car loan. My desire was to purchase a new Peugeot saloon car from Lister Motor Company owned by Aare. But the cost was N4, 000. I consulted with one of his bosom friends, Chief Akanni Aluko, to whom also I am bonded in great friendship. My desire was to deposit the car loan for a Peugeot and pay the balance by instalments in 12 months. A call from Akanni to Aare did the magic. Not only did I get the car, Aare wrote off the balance. I went to thank him, but he told me he did not need my appreciation but friendship. That friendship I thought would be short spanned, endured till death cast us apart. Aare’s image is still looming large years after his death. Even though he was a strong Muslim faithful, he, nonetheless, bonded with me very passionately, adopting me as his “blood brother”. Every conversation and greeting from him always ended up with

EVERY FRIDAY, HUNDREDS OF MUSLIMS AND CHRISTIANS ALIKE MADE IT A RITUAL TO COLLECT STIPENDS THAT WILL PUT FOOD ON THEIR TABLES FOR THE WEEKEND. SINCE HIS DEMISE, NO ONE HAS STEPPED FORWARD TO TAKE UP THAT KIND OF PHILANTHROPY

a loving accolade “My dear Folu”. He was a rare breed. God use people like him to confound the wise. In 1980 when I was to get married, I was in a fix financially and had no idea of how to overcome the problem. I had no savings. My salary of N3, 000 as a News Editor was nothing to write home about. Once again, God raised Alhaji to sponsor my trip to London and he did that with touch of surprises. He provided all that I needed for my wedding. He did same when my parents passed on in 1989 and 2011 respectively. Space will not permit me to reel out many interventions Alhaji made to bail me out of deep financial crises. Why I felt comfortable with his friendship was that he did all these things without any condition attached. He did not ask me for any favour to undermine my professional ethics. The only time I could remember he solicited favour was when he asked for full media coverage of ceremony on his turbaning as the Aare Musulumi of Yorubaland. Aare hated liars and lazy workers. He told me once that why insincerity was a strong factor he usually considered in ending relationships with some of his friends. Some of his friends had, indeed, taken advantage of his limited education to exploit him. He never took kindly to such. Aare did not attain the height of education, but he was endowed with a high Intelligence Quotient. He rose to fame with a high price. He started by hawking ‘Garmalin 20’ products to cocoa farmers in the old Western Region and from there became a multi-millionaire. Soonest, he began to wine and dine with presidents and kings. Not only that, he rose to the highest pinnacle in the Muslim hierarchy in Nigeria and the world. Aare, like all human beings, had his weaknesses but his philanthropy overshadowed his flaws. As a shrewd businessman, Aare refused to be identified with any political party. Yet, he was smart enough to warm himself to every reigning leader, both at the state and national levels. He had to do that to protect his chains of businesses. He got along so well with political leaders because they saw through him unflagging loyalty and integrity. Aare often profess a belief; “To keep your friends let your loyalty be 100 per cent”. Aare was a community leader; the reason his Ibadan home was always a beehive of activities. Political and religious associates were always coming to draw from his wealth of knowledge. He was a loving father not only to his biological children, but to anyone who needed assistance. Chief Arisekola gave all his children qualitative education both in Nigeria and abroad. Today, many of them are spread all over the world, blessed with highly rewarding vocations that make them self-sufficient. Here was an Ibadan-based business mogul who touched the lives of many all over Nigeria. The question is: When comes another great mind like him? May his soul continue to find eternal rest. Olamiti, Media Consultant, wrote from Abuja

MORE OF THE SAME

The police claims in the Rivers rerun report are not correct, contends Simeon Nwakaudu

r Ibrahim Idris appointment as Inspector-General of Police has often been mired in controversy. Not even the All Progressives Congress (APC) National Chairman, Mr John Odigie-Oyegun can compete with Mr. Idris in attempts to decimate the Peoples Democratic Party (PDP) with negative propaganda. Idris has turned the Nigerian Police into a vigilance group operating without laws or scruples. His loyalty is not to Nigeria but to the APC. Idris was a commissioner of police in Kano when a resident electoral commissioner was brutally murdered with members of his family via arson. Till date, we are yet to know who murdered that INEC official in a state where APC fantastically emerged “victorious.” I have always known Idris’s capacity for propaganda, but I never imagined that he would outdo himself in the manner he did on February 7 when he gathered journalists and turned the headquarters of the Nigerian Police into a theatre of the absurd. That a nation’s police force would connive with a bank, withdraw money from its account and display same with its wraps before journalists is a warning that we are in deep trouble. Pray, what kind of intelligence would lead the leadership of the police into believing that monies believed to be “bribe” would remain intact two months after it was offered? The police in their hurry to address the press and

divert attention never imagined that two months after the funds were given, they were still under wraps. It is necessary to emphasise that the Rivers State Government never bribed any Independent National Electoral Commission’s official. There was no reason to do so because APC has never been a political threat in Rivers State. The governor’s performance over the last 19 months has made the state an impregnable fortress. The people are solidly behind the governor. PDP is there choice. At the press conference the IGP and Damian Okoro said that they would allow journalists interact with the three electoral officers they claimed met with Governor Wike. However, after that briefing, the IGP reneged. Findings have revealed that the 23 INEC officials arrested by the police denied any wrongdoing. They made no confessions and were promptly released. The Rivers State Resident Electoral Commissioner, Aniedi Ikoiwak declared on Rhythm FM in Port Harcourt that no INEC official was indicted by the police after investigation. Similarly, no policeman, across the 23 Local Government Areas of Rivers State was indicted for electoral malpractice during the rerun legislative elections by the so-called IGP panel except the six policemen maliciously dismissed for protecting Governor Wike. The few media reports twisted to help the police were planted by the APC propaganda machine. A machine that has lost is efficacy because Nigerians know they lie habitually. Where in the report did the police mention

the infraction at the INEC Isiokpo Collation Centre on December 11, 2016? Thousands of women blocked the Isiokpo collation centre on that day when a minister with horde of security men stormed the venue. They ignored results of the earlier rerun on March 19, 2016 and declared the APC candidate winner of Ikwerre State Constituency. The IGP report made no mention of the violent invasion of Andoni Collation Centre by soldiers and policemen. This unfortunate incident widely reported had policemen pointing guns at the head of the immediate past Deputy Governor of Rivers State, Mr. Tele Ikuru because he insisted on public collation in the presence of journalists. The report made no mention of the fact that there were no voting in Khana, Gokana and Tai Local Government Areas. It failed to indicate that all result sheets were snatched by policemen and soldiers and taken to the home of a prominent APC politician where votes were allocated. This ugly report made no mention of the unscrupulous actions of the police and soldiers at Emohua where they tried to snatch collated results. On December 12, 2016, thousands of Emohua people took to the streets and stopped the security agencies from stealing their mandate. They succeeded and the results got to Port Harcourt. For the IGP, there was nothing wrong with the killing of DSP Alkali by a murderous gang. The report failed to name their sponsors. While the security agents were cooking the report for APC, they forgot that the December

10, 2016 rerun was the conclusion of the March 19, 2016 rerun. During the March 19, 2016 rerun elections, the collation of results for Ikwerre State Constituency was almost concluded before it was invaded by Rivers APC goons. Attempts were even made on the life of Mr. Chukwuemeka Woke who served as the PDP collation agent for Ikwerre/Emohua Federal Constituency. I have pointed out some of the key examples signalling the futility of the politically motivated report of the IGP Investigative Panel. It is a report written to humour the APC leadership and justify the billions expended in sponsoring the terror against Rivers State. The 28000 policemen that Idris deployed to Rivers State for the rerun were embarrassingly Pro-APC. They worked for APC chieftains as if their survival depended on it. I read on Friday that the embattled IGP joined issues with Governor Wike and the PDP. Where on earth are police spokesmen for the ruling party? Idris must be told in very clear terms that Rivers State is beyond police partisanship. What his 28000 policemen failed to do cannot be achieved via a report. Rivers people will never succumb to lies and recklessness. They will stand up to defend their voices. This false report churned out by the APC Police was done at a time the police and Governor Wike had joined issues in court in a suit challenging the validity of the IGP Panel. The unfortunate drama was staged in utter contempt of a court.

T H I S D AY • UE

AY,FEBRUARY ,

EDITORIAL MESSAGE FROM THE PROTESTS Nigerians are living in difficult times

he recent rash of protests on both sides of the governance divide was healthy. First it underlined the increasing awareness of the people that they have a right to express themselves and to be heard. Even more positive was Vice President Yemi Osinbajo’s response to the Abuja protesters: “To those who are on the streets protesting the economic situation and those who are not, but feel the pain of economic hardship, we hear you”. As sound-bites go, that was a good one. But in a season of hunger and deprivations, the people of Nigeria deserve more and the protesters said as much in their statement: “Nigerians are facing difficult economic challenges and do not see any end in sight. Our standards of living have worsened and we are also disappointed in the lack of transparency and an ineffective fight against corruption in a government that made a fight against corruption a key pillar of its campaign. The change that Nigerians were promised has not been delivered and a road map to the desired destination is yet to be IN A SEASON OF HUNGER communicated. This AND DEPRIVATIONS, is not about ad-hoc THE PEOPLE OF NIGERIA programmes or DESERVE MORE AND sound-bites.” THE PROTESTERS SAID While we comAS MUCH IN THEIR mend the acting president for displaying STATEMENT uncommon maturity, attempt by law enforcement agents to abridge the rights of the people deserves strong castigation. A protest does not threaten public peace except it degenerates into a riot. We acknowledge that miscreants can take advantage of peaceful protests to foment trouble. We did not see this in the recent nationwide protests. Appreciably, the crowd was peaceful. No property was destroyed. No houses were burnt. And there was no violence of any kind, even when government rented its own crowd of protesters. The responsibility of government is to closely

Letters to the Editor

monitor these protests as barometers of public perception of their performance in office. Both the pro and anti-government protesters have equal rights under the constitution. Freedom in a democracy is a multiple lane highway. But in our current situation, it is futile for agents of government to engage in the silly antics of funding and promoting demonstrations just to dampen public anger at the current tardiness in the affairs of the nation. The reality of our situation today is that of a massive betrayal of the hopes of the people by a government that may mean well but lacks the competence to address fundamental economic problems.

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hat the citizens demonstrated last week was that voluntarily entrusting to elected officials the responsibility of governing their affairs does not suggest that they have relinquished their power. They have merely entrusted it to the office holders. They can invoke that power at periodic elections to either vote for a popular government or even vote out an unpopular one. In the same vein, they can invoke that power on the streets through protests as was demonstrated last week. In a presidential democracy such as ours the people should not be shut out from expressing their views in matters which affect their interests and welfare. Now that the protests are over, we need to stress that the people do not derive their natural right to peaceful assembly from the government: they are born with that right. Besides, the era of military dictatorship or rule by military fiat is gone. We are now under a presidential democracy which ought to guarantee maximum expression of the citizens’ fundamental rights especially the rights to hold public gatherings and public debates. Since the people are the ones that directly bear the full brunt of government policy, those in authority must conduct their activities in line with the aspirations of the people who at all times deserve to be heard. We hope, as the acting president said, that the Nigerians who protested last week have been heard.

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ENDING THE BOKO HARAM INSURGENCY

igerians were once described as the happiest people on earth. The Afrobeat maestro, Fela Anikulapo-Kuti hit the nail on the head with his evergreen song ‘Suffering and Smiling.’ Suffering seems to be so engrained in the psyche of Nigerians that it has metamorphosed into something akin to a national philosophy. I can remember trying to convince a Catholic priest to lend his support to a boycott agenda I was trying to push. His response was that ‘There is joy in suffering as it unites us more closely to Jesus through our daily carrying of our crosses.’ I left him in disgust as I wondered whether we would have to wait till we get to Heaven to begin to live like human beings with dignity. The Boko Haram insurgency started in earnest in 2009 and it introduced something strange into our local lexicon – suicide bombing. Extremism became our new reality and our mouths were agape as we watched our brothers and sisters slaughtered like rams in the north. The economic base there has been greatly decimated and many of the survivors ended up as internally displaced people with no immediate hope of a home in sight. How did we get into this sordid mess? Let us do a quick historical analytical recap. The British used the policy of indirect rule to administer the nation after their conquest. The North was the easiest to penetrate because of their well-developed emirate system which saw no opposition to the Sultan or Emir. In the South which was largely balkanised between the Yorubas and Igbos, the Caucasians had a bigger challenge. The Yorubas were the first to embrace Western education with Christopher Alexander Sapara-Williams becoming a lawyer as far back as 1855,

Herbert Macaulay, the Wizard of Kirsten Hall and Father of Nigeria’s nationalism became an engineer in 1894. As a result of this massive educational awareness, it was difficult for the Western educated elite to be totally subservient to the Obas. Let us recall the fact that the fearless Olufunmilayo Ransome-Kuti led a group of women to depose the then Alake of Egbaland, Oba Ladapo Ademola in 1948 and wasn’t allowed to return to the throne till 1950. The administration of Chief Obafemi Awolowo deposed the father of the present Alaafin of Oyo, Oba Lamidi Adeyemi 1 in 1955. The Igbos were egalitarian by nature with the kingship system being alien to them. They had the age grade system where key decisions were taken. It was no wonder that the nationalist struggle was largely spearheaded by the southerners – Herbert Macualay, Zik of Africa, Anthony Enahoro, etc. No one from the north earned the appellation of a nationalist in the true sense of the word. Aminu Kano who founded the Northern Elements Progressive Union formed it as a mass movement to counter the conservative leanings of the Northern Peoples Congress led by Alhaji Sir Ahmadu Bello. Let us also recall the defeat of Enahoro’s motion for independence by Ahmadu Bello in 1953 who said it should only take place as soon as practicable which was the remote cause of the Kano riots later that year. Bello also turned down the offer to be Prime Minister because of his preference to living in Kaduna rather than travelling down south to Lagos. The chummy relationship between the north and British still continued even after the Union Jack was lowered. Many British intellectuals found a cozy haven in the Ahmadu Bello University. There were more foreign academics in ABU than in all the southern universi-

ties put together. The control of the army was still in British hands even after independence as the General Officer Commanding the army was General Welby Everald. In 1965, following an agitation for the indigenisation of the army, three officers were penciled down to succeed Everald. They were Brigadier-General Samuel Adesujo Ademulegun, Brigadier-General Thomas Umunnakwe Aguiyi-Ironsi and BrigadierGeneral Babafemi Ogundipe. Ademulegun, the commander of the first brigade in Kaduna was backed by the Sardauna as the former had been a good errand boy in allowing many northerners to get flooded into the army. Aguiyi-Ironsi was supported by Zik and he eventually emerged as the first Nigerian GOC. The incursion of military rule which was dominated by the northerners greatly boosted the fortunes of the northern elite. The wealth from the oil wells flowed greatly into far flung places in the north. However, ironically, the north was the poorest in the entire country. The poverty naturally gave rise to the advent of extremist movements. El Zakzaky was the first to take up the gauntlet. An extremely brilliant man with a first class degree in economics which was denied to him by the school authorities because of his ‘subversive’ activities. He was disenchanted with the selfishness of the northern elite who were comfortable in their dealings with the liberal west to the detriment of their region. His activities led him to spending several years behind bars and is still being currently held in one at the moment. Six of his children were brutally murdered in cold blood in two raids by the ruthless military authorities. Tony Ademiluyi, Lagos

T H I S D AY • TUESDAY, FEBRUARY 14, 2017

POLITICS

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

EXECUTIVE BRIEFING

Rivers Police Report and the Litany of Questions The panel set up by the police to investigate the violence that rocked the rerun elections in Rivers State, last week submitted its report, leaving more questions than answers. Davidson Iriekpen writes

ast week, the panel set by the Inspector General of Police (IG), Ibrahim Idris, to probe the crises that characterised the rerun legislative elections in Rivers State last December, submitted its report. At an elaborate ceremony at the Force Headquarters in Abuja, the panel which was inaugurated on December 22, 2016, in its report, alleged that the state government bribed officials of the Independent National Electoral Commission (INEC) with N360 million to rig the polls in favour of the candidates of the Peoples Democratic Party (PDP). The panel, which comprised 12 officers of the Nigeria Police Force and three from the Department of State Services (DSS), stated that it recovered N111.3million from 23 INEC officials, who confessed to have received the money from the state government officials to manipulate the rerun polls in the state. It also indicted six dismissed police operatives for misconduct and misuse of arms during the polls, contrary to the provisions of Force Order 237. The officers – ex-Inspector Eyong Victor, ex-Sgts. Peter Ekpo, Oguni Goodluck, Orji Nwoke, Okpe Ezekiel and Tanko Akor – had been dismissed by the Force. The errant operatives were said to have stormed the Port Harcourt City Council Secretariat and prevented the movement of election results of Emouha polling unit to the appropriate collation centre designated by INEC in disobedience to senior officers present. Speaking during the presentation, the panel chairman, DCP Damian Okoro, added that the committee established cases of misconduct against some electoral officers and law enforcement agents, who, according to him, allowed themselves to be compromised in their line of duties. Receiving the report, the IG said the panel’s findings and recommendations would be forwarded to the Attorney General of the Federation (AGF), Abubakar Malami, for implementation, adding that both the INEC officials and others indicted would be prosecuted. “I see no reason why a rerun election will lead to the beheading of our officers, who were there to do their lawful duties. I believe that the report will go a long way to put an end to individuals seeing election as a do-or-die affair. We will take appropriate actions in conjunction with the law officer of the federation, the AGF, in order to put an end to most of the abuse and electoral violence in this country.” Naturally, the state government was the first to react to the allegations. It described the report as a charade, saying the unanswered questions in the document were the reason Governor Ezenwo Nyesom Wike of the state refused to be part of the investigation. It also described the claim by the police panel that it financially induced officials of INEC as shameful, defamatory and reckless. The state Commissioner for Information and Communications, Dr. Austin Tam-George, challenged the police to prove that Governor Nyesom Wike bribed INEC workers to rig the December 10, 2016 legislative rerun polls. Tam-George, in a statement, also challenged the police to prosecute and imprison the electoral officers indicted by the panel without delay, describing the police investigation as dubious. He stated: “The attention of the Rivers State Government has been drawn to the melodramatic images of heaps of cash, circulated in the media by the so-called police panel of inquiry into the rerun elections in Rivers State on December 10, 2016. According to the police, the heaps of money were ‘evidence’ of bribes allegedly given to officials of INEC by the Rivers State Governor, Nyesom Wike, during the rerun polls. “We consider the allegations of the police as shameful, defamatory and reckless in the

Governor Nyesome Wike

extreme. Never in the annals of infamy have we seen a vital state security institution descend to the lowest depths of blackmail and criminality as the Nigeria Police Force has done in this case. The Rivers State Government challenges the Nigeria Police to show proof that Wike financially induced any official of INEC. Do the Police have bank records of the purported transactions between Governor Wike and the electoral officers? While the people of the state await the recommendations of the AGF, many analysts worry about the content of the report because they saw it coming. Some have also asked why the INEC officials were not paraded? Why did the money have the same bank rappers, signifying that all the N111million came from one bank? Why were all the denominations in N1000 notes? Do all the 23 INEC officials operate one bank? If indeed there was a bribe, was it only the PDP that bribed? Didn’t any of the All Progressives Congress (APC) candidate or member bribe any INEC official? Was the bribe more important than the life of DSP Mohammed Alkali and his orderly, who were killed during the polls?

Naturally, the state government was the first to react to the allegations. It described the report as a charade, saying the unanswered questions in the document were the reason Governor Ezenwo Nyesom Wike of the state refused to be part of the investigation. It also described the claim by the police panel that it financially induced officials of INEC as shameful, defamatory and reckless

Police IG, Ibrahim Idris

Why didn’t the police mention or arrest those who killed the officers? The first anger of those who listened to the Chairman of the panel, Damian Okoro, was the Force’s inadequate provision of security despite deploying 28,000 of its personnel and a large number of soldiers, air force, navy and civil defence officers to maintain law and order in one state due mainly to obvious partisanship. Recall that after the polls, a coalition of civil society groups commonly known as Situation Room authored a damning report on what it called the “ugly undemocratic” roles played by the police and military. The organisation which is an umbrella of over 70 registered civil society groups, lamented that despite deploying 28,000 police personnel and a large contingent of military, the poll was still flawed. It also came hard on INEC for what it called its lack of neutrality in the elections. Others wondered where the panel got the N111million from when the state INEC Resident Electoral Commissioner had a few days to the election disclosed that nobody would know the officials to be used for the polls until the day of the election? “We are only hearing now that money has been recovered from electoral officers that were trained outside and brought in silently like angels. How can you bribe a man you don’t know? In any case, the APC did not do anything wrong during the elections? Knowing that the state is a PDP-controlled state, couldn’t it have been possible that the APC bribed more than the PDP? Didn’t the bible say that before you can break into a strongman’s house, you must first bind the strongman? Wasn’t that what happened in Rivers State?” queried Nneka Emeh, National President of Women on Top. Mostly, observers were shocked to see that the report did not say anything about DSP Mohammed Alkali and his orderly, who were gruesomely killed during the polls, wondering if the bribe was more important than the lives of the officers. After the elections, it was alleged that the suspect who beheaded the Akali and orderly was arrested on election day alongside his colleagues and their alleged sponsor, the former state Commissioner for Power. But an order from above allegedly led to their release. It was further alleged that it was after the illegal release of the suspects that they committed the heinous crime. Till date, no arrest has been made. But deliberately, the panel refused to comment on this because the alleged suspects are believed to have come from the APC. It is for this reason, a public affairs analysts, Iheanyi Ezinwo, described the report as selec-

tive and politically-motivated and cannot be comprehensive and relied upon to provide a credible panacea to curbing the menace of electoral malpractices in the country. He said the conclusions of the report are predetermined to indict certain persons. While noting that the December 10, 2016 elections did not have only the PDP as participant, Ezinwo said: “There were other parties, including the law enforcement agencies. Going by the outcome of the police investigation, it is only the PDP that did the wrong things. The police and the APC, all conducted themselves in a very decent and lawful manner! In other words, the police were not involved in ballot snatching, as widely recorded and reported; did not kill innocent persons and the APC did not attempt to subvert the electoral process in their favour in some places.” On his part, the President of Network for Transparency, Equity and Fairness, Dr. Kemakolam Steve Nwofor, described the conclusions in the report against the PDP and the Rivers State Government as not only hasty but mischievous, malicious and politically-motivated. He said from the report, it was obvious that the police have so degenerated. “It is unfortunate and embarrassingly disgraceful that the police authority will want Nigerians and indeed the world to believe them, that in an election day in this country the government of Rivers State gave bribe to INEC or other officials connected with the election. It is very obvious that the police or the APC-led federal government would need to find some other reasons to vent their anger on Wike, whom they are out to decimate as they have found him unbeatable. “If they don’t show it in the so-called fight against corruption; they do so in the fight against insecurity. We thought the injustice will stop as selective fight against corruption but we can now see it in all areas, no more borders. So the police want us to believe that only PDP gave bribe if any, and the APC did not? This is arrant nonsense, and the earlier the federal government stops chasing shadows the better for them as that report is dead on arrival,” Nwafor emphasised. However, because the report did not say anything about the ruling party, the APC and its stakeholders have refused to comment on what many called reckoned is a skewed report. But one is clear from the report, a lot of things were wrong with the rerun polls in Rivers as both parties have the tendency for mischief. The difference, of course, is their propensity for mischief.

T H I S D AY • TUESDAY, FEBRUARY 14, 2017

EVENTS&REPORTS

Taming the Beasts in NDDC A three-day retreat by the Niger Delta Development Commission in Onne, Rivers State penultimate week, agreed there are ‘beasts’ militating against the progress of the region and resolved to tame them outright. Olawale Olaleye reports

rom the choice of venue to the category of speakers and particularly the disposition of the new leadership at Niger Delta Development Commission (NDDC), it was unmistakable that the three-day retreat which held between 2nd and 4th of February at Onne, Rivers State would mark a significant difference in the life of the commission. The excitement of members and staff of the commission also showed that they had a degree of confidence in the new leadership. There was not much to the first day as it was set aside for participants to register and settle in and then, get to know each other from the wide ranging backgrounds. The real business, however, started on day two, Friday, February 3 and ended in the evening of Saturday, February 4. Each day started with an early morning breakfast but Friday being the first day of the retreat proper, there was the introduction of the ground rules, a review of the retreat agenda and of course, announcements at regular intervals. The opening remarks by the chairman of NDDC Board, Senator Victor Ndoma-Egba set the tone for what to expect. The former Senate Leader who spoke from his vast experience literally introduce the “real ground agenda” for what would later form the crux of debate. Not oblivious of the avoidable competition that seemed to have existed between the NDDC leadership and governors of member-states, Ndoma-Egba said “We must be partners, development partners to state and local governments, and not competitors. Therefore, our vision should be the creation of a regional economy with drivers that will be youth-friendly as a motivated, educated and empowered youth remains the real source of any nation, not oil or mineral resources.” On the flip side, he said “An ill-motivated, uneducated and un-empowered youth, on the other hand, will be a curse and a danger to the nation. We, therefore, have a sacred responsibility to make our youth a real resource and a blessing to our region and country. “Governors complain that member-state governments make no inputs whatsoever into the NDDC budgets, projects and programmes and these are foisted on them to their disapproval. Rather, than being a partner to member states, the Commission is instead in competition, not only with states, but with local governments in terms of projects and programmes,” he said. Quoting Section 7(1) (b) of the NDDC Act, the former Senate Leader said the Act envisages a diversified but integrated regional economy for the region, adding that “Youth-friendly drivers for this regional economy will be ICT, sports, the creative industry, agriculture and manufacturing supported by inter-modal transportation, health, and education infrastructure with adequate power supply.” Lamenting the poor image of the commission as inherited by his board, Ndoma-Egba said “At the moment, the public image of the Commission, to put it mildly, is not edifying. The Commission is perceived as a contract-awarding factory or silo with scant regard for procurement and other rules, rather than the development agency it is supposed to be. “Our image is so bad that a prominent Nigerian had referred to the Commission as ‘the other Stock Exchange’ as a result of the sheer volume of the commission’s contracts out there in the streets; how they are bought and sold and the commission paid on those contracts and on payments to contractors. Indeed, payments for contractors have become an industry by itself as far as the commission is concerned.” According to him, beneficiary communities of the Commission’s projects and programmes on the other hand have no sense of ownership of the projects and programmes “as they too did not make any inputs into the budget, programmes and projects. Contractors complain about delayed payments and what they have to pay out as commissions to get legitimate payments.” Ndoma-Egba, who claimed to have conceded part of his time to a friend in the person of

L-R: NDDC MD, Mr. Nsima Ekere; Minister of Environment and Deputy Secretary-General, United Nations, Mrs. Aminat Mohammed at the retreat

Professor Pat Utomi, further gave the renowned professor the grounds to make lucid, the basis for real development in the commission. His emphasis, however, was on leadership and within his 10 minutes time-frame, he left the audience with a message that resonated: “Economic progress will fail if you don’t get the right leaders to set the goals.” He would soon usher in the address that finally sealed the agenda-setting of the retreat. It was delivered by no other person but the Managing Director and Chief Executive Officer of the Niger Delta Development Commission (NDDC), Mr. Nsima Ekere, who said pointedly that the region had failed its 15-year master plan, after having nothing to show for the $40 billion of the $50 billion required to implement the new vision for the oil producing region.

But when they saw Ekere and his chairman, Ndoma-Egba freely moving around the halls without any molestation from any security personnel, they held strong views that such could pose serious indications that a better leadership might have arrived at the commission, with better worldviews and exposure that could positively rub-off on the development of the commission, moving forward

Ekere contended that for the commission to maximally realize its potential and assignment which is rebuilding the Niger Delta region, it must first confront and tame effectively, what he described in his paper as the “dangerous beasts” that are stalling development and progress at the commission. “The Niger Delta master plan originally required 15 years to implement at a cost of $50 billion. The region has received $40 billion over the past 10 years and sadly, there is little evidence to show for the sums spent. Poor governance of self and institutions are at the heart of public sector delivery challenges,” he said, adding that the result of such a posting was disheartening. Giving some practical approach to tackling the NDDC challenge through his power-point presentation, Ekere, who claimed to have drawn inspiration from JK Rowling, author of the Harry Porter franchise, who recently released a movie, ‘Fantastic Beasts and Where to Find Them’, identified seven vices he reckoned were at the root of the NDDC challenge. He listed the vices to include pride/humility, gluttony/temperance, sloth/diligence, envy/ kindness, greed/charity, wrath/forgiveness and lust/chastity, arguing that the impact of these vices on development is evident in the parity evaluation amongst Nigeria, China and South Korea, with the two other countries leaving the nation behind in terms of development indices after 50 years of starting at a competitive level. He also identified some of the implications as “poorly delivered infrastructure that decays rapidly; lack of social services to the citizenry; pervasive poverty and resurgent militant attacks on oil and gas installations, which leads to pollution of the environment and reduced income to the government and the NDDC.” These elements he described as the beasts at the commission, he further noted, had affected majorly, the organizational performance, financial performance as well as the NDDC master plan, the three of which he further broke down into smaller and comprehensible sub-headers. But to tame the menace, he came up with a 4-R cage solution that could help address the challenges faced by the board. They are Restructuring, Reforming, Restoring and Reaffirming. All of these, he claimed, would help control the debt offspring, constrain daily operations in line with the rules, chart a new

course for the board and ultimately, reiterate its commitment to doing that which is right at all times. Ekere also said with about N1.2 trillion contingent liabilities on its balance sheet, the NDDC needed to find ways to free funds for urgent development projects and programmes in line with new strategic focus, in addition to effective deployment of the 4-R cage. Corroborating Ekere’s position, the General Manager, External Relations at the Shell Petroleum Development Company, Mr. Igo Weli, who spoke on the topic: “Expectations of the IOCs: Collaborating to Deliver Shared Values to the Niger Delta”, said contrary to insinuations that Shell was not paying what it should for the development of the region, it had so far paid 135 billion in naira and 1.1 billion in the United State dollars with the current exchange rate differential. He also mentioned other areas the company had played its support part like the joint reconciliation of statutory payments which comes up once in two years; project/activity specific partnership and collaboration like the Ogbia/Nembe road and the support work of National Assembly committees on the region. In the same vein, representative of NEITI Executive Secretary, Dr. Orji Ogbonnaya Orji addressed the topic: “NDDC Interventions and Extractive Industry Revenues Transparency”. He also used the opportunity to hint at some of the remittances the agency has paid to the NDDC, a majority of them not accounted for. According to NEITI FASD report of 2007 to 2011, he said about N7.4billion funds allocated to 9 states were not accounted for. In addition, he said about 22 projects were duplicated and valued at N1.188 billion, even as he claimed companies were underpaid by $390 million between the years under review. He therefore urged the commission to embrace cooperate governance that is built on openness, efficiency and accountability. There were however other speakers from different walks of life, a majority of whom had clues on how the NDDC should run and they shared their experiences with the others. Although the rapporteurs are yet to come up with their resolutions on the way forward for the NDDC, feelers from the management showed that this might be one NDDC leadership that would bring the commission back on track. THISDAY learnt from a majority of the participants that the retreat was in many ways different from what they used to have, an indication that a much serious leadership has been put in place, in addition to saving a lot in terms of cost and yet, giving the best so far in terms of quality of persons and location. Some of the participants noted that the previous leadership of the commission acted like mini gods with heavy security attaché that made it impossible for members to even get any close let alone be helpful to the overall interest of the commission and by extension, the region. But when they saw Ekere and his chairman, Ndoma-Egba freely moving around the halls without any molestation from any security personnel, they held strong views that such could pose serious indications that a better leadership might have arrived at the commission, with better worldviews and exposure that could positively rub-off on the development of the commission, moving forward. Another point gathered from amongst the members of staff was that in the past, the NDDC leadership hardly paid attention to such retreat and never stayed till the end, thus failing to live by example. They gave instances of their venues as major distractions to the successes of their previous experiences because they were usually held within town, which naturally came with their distractions and provided the opportunity for participants to bolt away before the end of the retreat. But Ekere and Ndoma-Egba stayed till the end of the exercise and partook of all activities, including the various breakout sessions for intense brainstorming.

TUESDAY, FEBRUARY 14, 2017 • T H I S D AY

FEATURES

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

Foreign Languages under the Spotlight As the world celebrates Mother Tongues Day on February 21, Solomon Elusoji writes that to deprive indigenes of the use of their language for education is like taking away their heritage

nside the classrooms of a Community Primary School on the outskirts of Lagos, conversations between students are held in Yoruba and a smattering of English phrases. The instructors, too, deliver their lessons with a composite of the two languages. But while one is the standard for tests and examinations and consequently revered, the instructors say, the other, which is most of the student’s mother tongue (Yoruba), is restricted to interpersonal communication. “We usually use both languages when we teach the students,” Taiwo Adegoke, a Primary Two teacher says. “That’s because most of the students do not speak English at home and we will be unable to communicate with them without mixing it up.” The reason for this interesting phenomenon is not far-fetched. Western education was imported by the white man and, naturally, gains expression through his language. And decades after attaining independence, the mode of expression continues to hold. But education itself is not a function of language, which is simply a means through which information is transmitted. The English language is not officially recognised in some of the best universities in the world and the Japanese, the Germans, excel educationally with languages local to their populations. According to Otunba Gani Adams, a cultural activist, “the secret of technology is well hidden in language and that is why the world’s greatest economies pride themselves in their language and tradition.” This makes it impossible for outsiders to tap into the technology without getting immersed in their local language. Truly, language is deeply connected to notions of culture and identity, but, according to UNESCO, as much as 40 per cent of the global population does not have access to education in a language they speak or understand. A large chunk of that number are in sub-Saharan Africa and Nigeria is a prime victim. In some quarters, it is believed that the lack of knowledge transmission in local languages is the reason for student’s mass failure in nationally conducted examinations like WAEC and NECO, since it is difficult to attain understanding (especially subjects like mathematics and physics which are riddled with complex and abstract notions) in a language which you have not sufficiently been immersed in; and understanding is crucial to the success of any form of education. This problem is prominent enough to have attracted the attention of the Minister of Science and Technology, Dr. Ogbonnaya Onu. In January, while addressing pupils of Ekulu Primary School in Enugu, the minister said that the federal government is in the process of ensuring that primary school pupils are taught Mathematics and Science subjects in their mother-tongue. “The Ministry of Science and Technology is worried over the low interest in mathematics and the science subjects, so, we are working on plans to teach mathematics and sciences in indigenous languages in primary schools,” he said. “These pupils grow up with their indigenous languages at home before they start going to school, where they are now taught in foreign languages. So, we have observed that there is a challenge to understand the foreign languages first before they could even start understanding what they are being taught. “We believe that this plan will help our students to understand mathematics and science subjects, and also promote the application of science and technology for national development.” The words of the minister are sweet to the ears, but the question of whether they can leave the domain of speeches and become implemented is a matter best left to posterity. The argument for local languages to become the de-facto mode for instruction in Nigerian

Late Pro. Onu...wants Mathematics and Science subjects to be taught in indigenous languages

schools is one that is almost as old as the nation’s independence. In 1969, a six year experiment tagged the ‘Ife Primary Education Research Project’, was initiated in South-west Nigeria. The project used Yoruba as the medium of instruction for the six years of primary education. Evaluations of the project found

The Ministry of Science and Technology is worried over the low interest in mathematics and the science subjects, so, we are working on plans to teach mathematics and sciences in indigenous languages in primary schools. These pupils grow up with their indigenous languages at home before they start going to school, where they are now taught in foreign languages

that students who switched to English after six years of mother tongue instruction performed better in English and in other subjects compared with those who did so after only three years. “There are many ideas that you want to pass across in Chemistry, in Physics, in Biology, etc that you can probably do more efficiently if you teach them in their local language,” Kola Tubosun, a linguist and teacher, says, in an interview with the Huffington Post. “What you’re trying to do is to raise people who are competent, and who are knowledgeable in a particular field. Education is about empowering people to be able to do things, so it really doesn’t matter whether it is done in English or it’s not. The people you’re teaching, if they can understand what you’re saying, and you understand the concept of what you’re trying to preach or to work on, then you can use that to solve a problem. So if that is done, I believe that we’re going to unleash a generation of really smart and innovative Nigerians.” To buttress Tubosun’s point, a multitude of research point to the superiority of instructing students in their mother tongues, especially in the early stages, instead of in a second language, like English is to millions of Nigerian students. A UNICEF Policy Paper, ‘If You Don’t Understand, How Can You Learn’, notes that “speaking a language that is not spoken in the classroom frequently holds back a child’s learning, especially for those living in poverty” and that “at least six years of mother tongue instruction is needed to reduce learning gaps for minority language

speakers.” However, despite the obvious benefits of local languages over second languages, the Nigerian government, regardless of Onu’s words, is not particularly keen on investing in that direction. The popular reasons are the complexity of such a language policy in a country with hundreds of languages spread across its geography, and the massive funds that will be required to train language instructors and re-write entire curriculums. But some countries in sub-Saharan Africa are taking the giant leap. In 2015, Ghana announced a bold plan to eliminate English as the medium of instruction in its schools; and countries like Tanzania and Zimbabwe are on similar paths. According to Dr. Charles Mubita, a Doctor of International Relations from the University of Sourthern California: “The central message from these countries is that the time has come for Africans to change our mindset so that our education is administered in our local languages. “Many have questioned the wisdom of removing colonial languages as media of instruction in schools or as official languages. They argue that African languages do not have terms such as algorithms, trigonometry, convex geometry, quantum mechanics and other tongue twisters and jaw-breakers. “The critics fear that these sophistries will be lost in translation thereby lowering the standard of education. For them, English is the definition of education sophistry, the height of sophistication, and epitome of civilisation. “This negative reaction is informed by an

• T H I S D AY TUESDAY, FEBRUARY

FEATURES

Students in a classroom

erroneous assumption that English is the be-all and end-all of education - a false assumption

The argument for local languages to become the de-facto mode for instruction in Nigerian schools is one that is almost as old as the nation’s independence. In 1969, a six year experiment tagged the ‘Ife Primary Education Research Project’, was initiated in South-west Nigeria. Evaluations of the project found that students who switched to English after six years of mother tongue instruction performed better in English and in other subjects compared with those who did so after only three years

Tubosun, an advocate for indigenous languages

that some successful non-Anglophones such as Russia, Germany, Japan, China, France, Finland, India, and many others will scoff at. Unfortunately, this debate only demonstrates how far we are from breaking out of the shell of imperialism and mental slavery.” On February 21, the world will observe

the International Mother Language Day, to promote the awareness of linguistic and cultural diversity and multilingual education, with the theme ‘Towards Sustainable Futures Through Multilingual Education’. So, it is time for those in power to wake up to the fractitious impacts of colonial languages

and embrace the freedom inherent in local languages. Because, in the words of Nigerian educationist, scholar and former Minister of Education, Professor Babs Fafunwa, “to deprive the indigenous speaker of the use of his language for education is like removing his soul.”

IMAGES

Minister of Agriculture and Rural Development, Chief Audu Ogbe (left) and Chairman House Committee on Rural Development, Hon. Oladipupo Adebutu during the 2017 Joint Budget Defence of the Senate Committee on Agriculture and Rural Development, in Abuja...recently

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L-R: Bishop of the Diocese of Lagos West, Anglican Communion, Rt. Revd. James Olusola Odedeji; President, Christian Friends Society of Archbishop Vining Memorial Church Cathedral, Dr. Yemi Ogunbiyi; Rep. of the chairman of the occasion and former Minister of Information and National Orientation, Prof Jerry Gana and Minister of Mine, Steel and Solid Minerals Resources, Mr. Kayode Fayemi, during the 25th Anniversary Gala and Fund raising dinner of Christian Friends Society of Archbishop Vining Memorial Church Cathedral, in

L R ;Deputy Director of Nursing, UCH,Mrs.FeliciaChukwura; Chief Medical Director UCH, Prof.Temitope Alonge; HOD, Emergency Department, UCH, Dr.Badru Adewale; Chairman Medical Advising Committee[CMAC] UCH ,Dr.Victor Akinmoladun and Chief.Nursing Officer, UCH, Mrs Oluwatomilola Onajide at the commissioning of the Renovated Old Emergency Department of the University College Hospital (UCH) in Ibadan...reccently FELIX

L-R: Executive Director, Technical, NICON Insurance Lld, Akinsola Ale; Executive Director, Finance / Administration, NICON Insurance Ltd, Stephen Ojo; Managing Director/CEO News Agency of Nigeria(NAN), Bayo Onanuga; and ,Executive Director, Finance / Accounts, NAN,Jones Afolabi,during a visit to NAN headquarters by NICON Insurance in Abuja... recently

L-R;;Member, Lagos State House of Assembly (LAHA), Hon. Desmond Elliott Olusola; Speaker, LAHA, Rt. Hon. Mudashiru Obasa; and Nollywood filmmaker/producer, Mr Tunde Kelani during Kelani’s visit to the Speaker in Lagos..recently

R-L: Director,Lagos Section of Society of Petroleum Engineers (SPE), Ernest E.Mkpasi; Council Member, SPE Nigeria, Mustapha Yusufu; Chairman,SPE Nigeria Council, Dr. Saka Matemilola; General Manager, NNPC-NIPEX, Kanayo A. Odoe; Chairperson, Lagos Section, SPE, Ehimhne Agunloye;and Member, SPE Nigeria. Lester Clark, during SPE Nigeria Council courtesy visit to NNPC ñNIPEX corporate office in Lagos...recently.

Distinguished Professorí award recipient and West Africaís first female professor of pharmacy, Prof (Mrs) Cecilia Ihuoma Igwilo, flanked by Emeritus Professor, Professor Frank Giwa-Osagie (left); and the Deputy Vice Chancellor (Academics and Research), University of Lagos, Professor Toyin Ogundipe (right); after her investiture at the grand finale of the University of Lagos 2016 Convocation Ceremonies in Lagos...recently.

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Quick Takes OVH Energy Graduates Mechanics

OVH Energy Marketing recently celebrated the graduation of over 200 mechanics from the third edition of the company’s Oleum Academy initiative following successful completion of an intensive three month course aimed at providing professional mechanics with the necessary skills to become automobile technicians. The training offers participants diverse learning mediums including in-class instruction on subjects comprising auto diagnosis, electromotive and workshop management. Inaugurated in Lagos with just 100 mechanics, the Oleum academy was conceived by OVH energy as a corporate investment and skills development programme targeted at bridging the skills gap amongst mechanics in the Nigerian auto-repair industry. The initiative has since grown and was launched nationwide in 2016, with mechanics from Uyo, Abuja and Ibadan coming onboard. Commenting on the purpose of the training, the Head of Lubes, OVH Energy Marketing Ltd, Lilian Ikokwu said: “Our goal with Oleum academy was to create a well-qualified blue-collar workforce who are able to meet local industry demands, by providing the tools and resources required to remain relevant in the dynamic auto maintenance industry.”

FIDELITY GET ALERT IN MILLIONS PROMO

L-R: Divisional Head, Retail Bank, Fidelity Bank, Richard Madebo; Deputy Director, Head, Lagos Office, Consumer Protection Council, Joshua Yakubu; Executive Director, Shared Services/Products, Fidelity Bank, Chijioke Ugochukwu; Regional Bank Head, Fidelity Bank, Obaro Odeghe; and Head Lagos Office, National Lottery Regulatory Commission, Durugo Nwakuche, at the Fidelity Bank ‘Get alert in Millions ‘ promo, in Lagos...recently SUNDAY ADIGUN

Osinbajo: FG Will Rescue Power Sector Chineme Okafor in Abuja The Vice President, Prof. Yemi Osinbajo has said the federal government would work out strategies that would help Nigeria’s electricity market come out of its current operational challenges, especially the financial troubles threatening its growth. Osinbajo made the pledge at a recent two-day power sector conference organised by the National Assembly in Abuja, that through a set of measures, which include a ‘Power Sector Recovery Plan’ being developed by the government with the World Bank, the government was confident it would soon pull the electricity market out from the woods.

ENERGY He claimed that though the present government took over a troubled power sector with lots of operational challenges that were preventing its progress, it would however initiate measures to revive it. “The sector was exposed to severe challenges with respect to market liquidity, forex requirements for market participants, Discos collection and commercial losses, funding for transmission infrastructure, gas debts owed by Gencos, and vandalism of gas pipelines. Let me assure you that this government, from the get go, has been working diligently to address these challenges with the prime end goal of ensuring

the financial viability of the sector to encourage private investments, improved energy efficiency and access to power for all,” said Osinbajo. The Vice President stated that a dedicated team has been set up in his office to study the troubles of the power sector and appropriately advise him and the government on remedial steps needed in this regards. The team, he said, has been able to create a web portal with daily briefing on the operational data of the electricity market to engender transparency in operators’ activities and dealings with the public. While listing some of the strategies the government planned to adopt to get the sector through its troubles,

Osinbajo explained that: “The federal government of Nigeria (FGN) ‘power sector recovery plan’, seeks to identify and implement sustainable measures to resolve the financial shortfalls in the power sector. The World Bank is currently assisting the Federal Government to put together this plan.” “As a responsible government, it is important we pay our electricity bills. My power team is responsible for collating data from each distribution company on debts owed by FGN ministries, departments and agencies in order for FGN to settle our debts and also develop sustainable payment mechanisms for future bills,” Continued on page 22

Nigerian Content Fund: FG to Disqualify Defaulting Contractors Ejiofor Alike Oil and gas companies that default in the deduction and remittance of one per cent of the value of contracts they executed in the upstream sector of the oil and gas industry will, henceforth, be disqualified from participating in tenders for new contracts, the Nigerian Content Development and Monitoring Board (NCDMB) has announced. Speaking in Lagos at a recent stakeholders’ forum on the Nigerian Content Development Fund (NCDF) remittances, the Executive Secretary of NCDMB, Mr. Simbi Wabote also unveiled

ENERGY plans to conduct a forensic audit of the industry to track and recover due payments on the NCDF held by some companies. The NCDF was established by Section 104 of the Nigerian Oil & Gas Industry Content Development (NOGICD) Act of 2010 and provides that one per cent of every contract in the upstream sector of the Nigeria Oil and Gas industry shall be deducted at source and paid into the Fund. Wabote stated that some companies were defaulting in their deduction and remittance on contracts they executed.

He noted that the forum provided a window for all covered entities to understand the channels for paying the one percent NCDF to the Board before the audit, adding that there were no exemptions for players in the upstream sector. He charged companies to make the remittance to the NCDF TSAA account with the Central Bank of Nigeria (CBN) stressing that NCDMB does not operate an account in any commercial bank. Wabote explained that the NCDMB focused the early years in collections, putting in place the operating model for utilisation of the fund, establishing the

NCDF Advisory Committee for efficient governance of the fund and creating confidence and trust of industry stakeholders. “The Board opened up the Fund for utilisation from 2013, based on the approved operating model that segmented 70 per cent of the Fund to financing Commercial interventions and 30 per cent for Developmental initiatives and activities carried out by the Board on behalf of the industry. Under Commercial interventions, the Fund was leveraged to provide 30 per cent Partial Guarantee to commercial banks Continued on page 22

Sale of Petrobras Unit Suspended

A Brazilian federal court at the weekend suspended $5.2 billion sale of state-controlled Petróleo Brasileiro SA’s natural gas pipeline unit to a group of investors led by Canada’s Brookfield Asset Management Inc . In a document seen by Reuters, the Sergipe state-based court ruled the transaction, which was to be closed within weeks, be halted because of discrepancies in the way Petrobras proceeded with the sale. Petrobras said later on Friday that it had been informed about the court’s decision and that it planned to take “appopriate judicial measures” regarding the case, indicating it would appeal. The sale of the natural gas transportation system, called NTS (Nova Transportadora do Sudeste), was the main item of Petrobras’ 2015-2016 divestiture programme.

Auto CEOs Want Fuel Rules Reviewed

The chief executives of 18 major automakers and their US units have urged President Donald Trump to revisit a decision by the Obama administration to lock in vehicle fuel efficiency rules through 2025. In a letter sent late Friday and viewed by Reuters, the chief executives of General Motors Co, Ford Motor Co, Fiat Chrysler Automobiles NV, along with the top North American executives at Toyota Motor Corp, Volkswagen AG , Honda Motor Co, Hyundai Motor Co , Nissan Motor Co and others urged Trump to reverse the decision, warning thousands of jobs could be at risk. On Jan. 13, the head of the U.S. Environmental Protection Agency finalized a determination that the landmark fuel efficiency rules instituted by then President Barack Obama should be locked in through 2025, a bid to maintain a key part of his administration’s climate legacy. As part of a 2012 regulation, EPA had to decide by April 2018 whether to modify the 2022-2025 model year vehicle emission rules requiring average fleet-wide efficiency of more than 50 miles per gallon through a “midterm review.” The agency in November moved up the timetable for proposing automakers could meet the 2025 standards. The auto CEO letter asked Trump to reopen the midterm review “without prejudging the outcome” and praised Trump’s “personal focus on steps to strengthen the economy in the United States and your commitment to jobs in our sector.”

“If the government does not resolve the issue of interest and forex, the result is that if marketers go down, the banks will go down” Chief Executive Officer of Mainland Oil and Company Limited, Mr. Chris Igwe

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BUSINESSWORLD OSINBAJO: FG WILL RESCUE POWER SECTOR

he added. He said Nigerians would soon begin to benefit from the outcome of these plans, and asked the National Assembly to support the plans of the executive in this regard. “It is my sincere belief that Nigeria will begin to experience significant improvement in power delivered to our homes and businesses in the very near future, upon the successful implementation of these and other projects that form the wider power sector intervention plan developed by this administration,” he stated.

NIGERIAN CONTENT FUND: FG TO DISQUALIFY DEFAULTING CONTRACTORS

for loans granted to oil and gas service companies towards financing project execution, asset acquisition or facility upgrade. It also provided 50 percent interest rebate on performing loans. Beneficiaries of the Fund include Ladol, Starz and Vandrezzer,” Wabote explained. He noted that “to enhance accessibility to the Fund, the Board in July 2016 signed a Memorandum of Understanding (MOU) with the Bank of Industry (BOI) to establish the Nigerian Content Intervention Fund (NCIFund)”. He confirmed that the Board was at the verge of finalising the processes for release of the initial $100 Million (N31 Billion) to BOI for the pilot phase. Once this was concluded, he said, the Board will conduct a roadshow and publicise the requirements for accessing it. He stated that onlycontributors to the Fund with manufacturing proposals in the oil and gas industry can approach BOI for the NCIFund facility, adding that the fund has a single obligor limit of $10 million and tenor of up to 5-10 years on the basis of 8 percent interest rate. In his presentation, the General Manager, Finance and Accounts, NCDMB, Mr. Obinna Ofili explained that remittances of the NCDF has to be made in the currency of the contract, notably, Naira, USD, GBP and EUR.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

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Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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NEWS

FG Urges NERC to Adopt Business-oriented Regulatory Approach Chineme Okafor in Abuja The federal government has urged the new board of the Nigerian Electricity Regulatory Commission (NERC) to adopt a commercial -oriented approach in its regulation of the country’s power sector. The Minister of Power, Works, and Housing, Mr. Babatunde Fashola, said the new NERC commissioners must be mindful of the fact that the country’s electricity market was undeveloped and needed to be nurtured. As such, he said the commissioners would have to support the sector through its transition stages with reasonable regulatory practices. Speaking during the inauguration of the six-man commissioners without a substantive chairman in Abuja, Fashola said: “Be firm, but fair. Regulate but be business oriented. Remember that regulations are rules and rules are made for us, we are not made for the rules. Regulate with the understanding that the industry is young, in transition and needs support.” The minister explained that since the power sector had been privatised, every participant in the sector have defined respective roles, adding that the government would not take up the role of the regulator but only support it to be efficient at its job. “So, for the avoidance of doubt, power is now in private hands, and government is now largely a policy maker, and regulator. Policy

is the work of the ministry and as I said, the completion of on-going generation projects and transmission projects,” he stated. “Regulation is the work of NERC acting through the commissioners we inaugurated today.So, for all those seeking license to generate power, to build coal and solar plants,

and all other similar proposals, your letters should go to NERC not to the ministry - although you can copy us for information. For all those who have issues with meters, estimated billing, customer service issue, this is the work of NERC to ensure that the Discos perform and I urge you to direct your complaints to

them, and keep us informed about the service they render to you, because we oversee them, but will not interfere with their work,” Fashola explained. He noted that the reconstitution of the board for NERC has given the government the freedom to continue its job of formulating policy for the

growth the sector. The commissioners inaugurated by Fashola were Sanusi Garba, who as the vice chairman but would act as the chairman until the appointment of a chairman for the commission; Prof. Frank Okafor; Dafe Akpeneye; Nathan Roger Shatti; Dr. Musiliu Oseni, and Dr. Moses Arigu.

EUTELSAT STAR AWARD NIGHT

L-R: Permanent Secretary, Federal Ministry of Communications, Sonny Echono; Vice President, Eutelsat, Rodney Benn; Special Adviser, European Space Agency and Chairperson of the Jury, Haignere Claudie and Managing Director, MultiChoice Nigeria, John Ugbe, during the 2016 DStv Eutelsat Star Award night, at Eko Hotel, Victoria Island…recently KOLA OLASUPO

Six Convicted for Vandalism of Enugu Disco’s Installation Ejiofor Alike A Federal High Court sitting in Awka and presided over by Hon. Justice Gafai has convicted six accused persons for acts of sabotage ranging from illegal installation of prepaid meters and acts of vandalism on various distribution substations belonging to the Enugu Electricity Distribution Company (EEDC). One of the convicts, Valentine Ikechukwu, who was sentenced to three years imprisonment, was arrested at Onitsha by the Police for installing illegal and untested prepaid meters in EEDC network. According to a statement by the company’s Head of Communications, Mr. Emeka Ezeh, the accused was arraigned at the Federal High Court, Awka on a two-count charge of tampering with EEDC installations and disturbing electricity flow contrary to provision of Section 1(9) of Miscellaneous Offences Act, LFN, 2004 and Electricity Power Sector Reform Act, 2005. Similarly, for tampering, damaging and disconnecting two intermediate armored cables belonging to EEDC, Kingsley Mgbemena and Tochukwu Asomba were sentenced to three years imprisonment respectively

on January 25, 2017 by Hon. Justice Gafai of the Federal High Court 1, Awka. “Also convicted was Mr. Adamu Haruna, who was sentenced to a one year jail term for unlawful possession of High Tension aluminium cable belonging to EEDC on December 1, 2016 by Magistrate Mrs. M.C. Nneji at Magistrate Court, EnuguNorth, Enugu. On November 17, 2016 at the Federal High Court, Umuahia, Abia State, Emeka Stanley and Chinedu Elekwachi were sentenced to three years imprisonment respectively for vandalising some installations belonging to EEDC at Ikwuano Local Government Area, Abia State. EEDC has frowned at the increasing activities of these individuals who have been frustrating its efforts to provide quality service to its customers; but have expressed their commitment not to relent in the fight against vandals,” the company explained. In 2016, EEDC spent over N60 million to replace vandalised equipment at the various distribution substations and other installations. This has resulted in significant financial loss to the company. Perpetrators of these nefarious acts are therefore advised to desist and customers are encouraged to join hands with EEDC to protect these

installations that are provided to serve them. EEDC also commends the continued effort and

support of vigilante groups and security agencies such as the Civil Defence Corps, the Army and the Nigerian

Police towards ensuring that this ugly menace is addressed and perpetrators brought to book.

Electricity Theft: Police Arraign Abuja Hotelier Chineme Okafor in Abuja A customer of the Abuja Electricity Distribution Company (AEDC) was recently arraigned before an Upper Area Court sitting in the Karu area of Abuja for allegedly tampering with his prepaid meter, and stealing electricity worth over N500,000.00. The police officers in charge of the investigation said in the First Information Report (FIR) that the accused, Christian Okoli, consumed 14,328 kilowatt hours (kw/h) of electricity valued at N525, 120.20 without paying after interfering with the prepaid meter installed at his premises by the Disco. The police FIR dated February 7, 2017 reads that: “On December 19, 2016 at about 1600 hours, one Otuok Paintian Bobby Oselumese of Abuja Electricity Distribution Company (AEDC) came to the station and reported that on the 28th November, 2016, they came to you, Christian Okoli of Richway Hotel, Nyanya, Area A, Abuja and discovered that you have adjusted your hotel meter and illegally consumed

14,328 kw/h, valued N525, 120, 20 without paying.” The defendant was by this act accused of cheating, an offence that is contrary to Section 322 of the Penal Code Law. He pleaded not guilty to the allegation preferred against him by the police while his counsel, Tony Ogbulafor pleaded with the court to grant his client bail on liberal terms. Ogbulafor who argued the bail application, said that the defendant was a family man and would be present in court to face his trial if granted bail. He also told the court that the defendant was presumed innocent in law until proven otherwise by the prosecution and that he would not commit any offence if granted bail by the court. He equally reminded the court that the police had already completed its investigation in the matter, and that there was no likelihood of the defendant interfering with investigation. But opposing the application for bail, the prosecution counsel, Mahmud Lawal cited several cases, including the case of Bamaiyi verses the State in 2001,

and noted that even though the court has the discretion to grant bail, there were certain conditions that must be met before bail could be granted to the accused. The prosecution counsel then prayed the court to refuse the bail application brought before it by the defendant. But having listened to the arguments, for and against the application for bail of the defendant, the trial judge, Justice Hassan Ishaq granted the defendant bail in the sum of N500, 000 and two sureties in like sum. One of the sureties, he said must be a civil servant of not less than grade level 10 and the second must be a businessman. Both sureties, the court held must be resident within the jurisdiction of the court. Other conditions for the bail of the defendant, the court said, was that the two sureties must deposit their passport photographs, their national identity cards or drivers licence with the registrar of the court. The court then adjourned the matter till April 4, 2017 for hearing.

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Bankrolling Power Sector with Marginal Results Chineme Okafor writes on the renewed assertions made by the House of Representatives on the humongous resources expended in the power sector in 16 years It would be quite difficult to really square the statistics of the total investments made by the federal government in the power sector prior to its eventual liberalisation in 2013. But before 1999, the funding pool available for the power sector to operate with could not be said to be quite significant. As extensively stated by experts in the sector, the 1,750 megawatts (MW) generated by the defunct National Electric Power Authority (NEPA) at that time was a proof of the sector’s epileptic operational condition. For a very long time, these experts indicated that Nigeria recorded very minimal investments in the power sector. In fact, they noted that the last known major investments in the sector were done around 1988 and 1990 when the 600MWcapacity Shiroro hydro plant was completed. Subsequent investments in the sector reportedly went into replacements of damaged equipment like distribution transformers, and switchgear, with no new projects in capacity expansion and upgrades were done. Transiting from a long period of poor investments in capacity upgrade, the sector was really in a bad shape and required some quick intervention, which the democratic government of President Olusegun Obasanjo had promised to initiate. By 2007 when Obasanjo ended his two-term tenure of eight years, and the late President Umaru Yar’adua took over, the situation had not improved, thus prompting the late President to come out with damning claims of power disbursements without matching results. The late President had disclosed that about $16 billion had been invested into the sector by the government within the eight-year period Obasanjo superintended to regenerate it. The efforts, he added did not yield the kind of results that were expected from such investment. Yar’Adua’s controversial claims prompted the House of Representatives to launch an investigation into how the $16 billion was spent in power sector, using its power and steel committee, then headed by a member representing the Aniocha/Oshimili Federal Constituency, Hon. Godwin Ndudi Elumelu. The committee eventually submitted its report and allegedly recommended amongst others, that some of federal executive officials, including former President Obasanjo be invited to give testimonies of how the huge investment was applied in the sector without results. While its report was not publicly debated by the parliament, which set up the inquiry, media reports however noted that the other government officials who were included for questioning were the late Dr. Olusegun Agagu, who was once a power minister under Obasanjo, Senator Liyel Imoke who succeeded Agagu and was also a former chairman of the technical board of NEPA, former Governor of the Central Bank of Nigeria (CBN), Prof. Charles Soludo, and former Accountant General of the Federation, who is now Governor of Gombe State, Ibrahim Dankwambo. Convinced that its investigations were profound and credible, the committee also requested that the Economic and Financial Crimes Commission (EFCC) be invited to dig further to get indicted government officials and institutions to account for their respective roles in the disbursement of the fund. They also recommended that the government undertakes a mass retrenchment of workers and officials of the defunct Power Holding Company of Nigeria (PHCN) to improve the productivity of the state operated power firm. PHCN, at that time, was considered a cesspool of corruption and model of inefficient government corporation. It reportedly lacked the management capacity to turnaround the government’s investments in the sector, and was to be unbundled and its two segments of generation and distribution handed to private investors on an equity transfer basis to operate. While the House report trended, allegations which questioned the honesty of members of the committee during their investigation cropped up and ruined the investigative efforts. It was claimed that the committee demanded and

Fashola received a N100 million kickback from officials and agencies that were investigated. This eventually led to the disbandment of the committee and its report by the House. Dogara rekindles claims Apparently miffed by the failings of the power sector so far, Dogara recently said at a power sector forum, that successive administrations from 1999 to 2015 spent nearly N2.74 trillion on the power sector but recorded little results, thus re-echoing President Yar’Adua’s sentiments. His claims might have been motivated by the works of the Elumelu committee, which claimed that $16 billion (N5.072 trillion at the current N315 exchange rate) was invested by the government with no results. Within this context, it can be said that Dogara’s claims are not entirely new because the House has not conducted any known fresh investigations into the workings of the power sector so far. Dogara, a former member of the political party that was in charge of the central government during that period, stated that the investments were done without electricity supplied to Nigerians. He said instead of electricity as expected, the country was in darkness. Until 2015 when he defected to another party, Dogara was a member of the Peoples Democratic Party (PDP) on which platform he was first elected into the parliament in 2007. The government he was part of managed the country’s electricity sector until 2013 when it handed over to the private sector to manage them. He said: “Perhaps the most important question is what happened to the N2.74 trillion spent on the sector from 1999-2015? Why is it that the more we spent on the power sector, the more darkness we attract?” The Speaker further stated: “I am confident that the array of stakeholders gathered here today are eminently capable of dealing with these and many more related questions and puzzles that exist and will arise in the course of deliberations.” Also, from 2013 when the government sold part of its stakes in the generation and distribution companies, it had not made any known financial investments in these two sectors. The two sectors have rather received private sector financing while the transmission company remained the sole responsibility of the government. Post –privatisation results Operating as a vertically integrated government-

Dogara owned monopoly that was not commercially viable before privatisation, the power sector was reportedly deficient of significant managerial efficiencies and operated with enormous leakages of its financial resources. There were also no cost-efficient investments in the generation, distribution, and transmission sectors, as capacities remained static while load demand increased across board in line with the country’s growing population. On the back of these discrepancies, the industry was restructured and NEPA, which became PHCN, was disaggregated into functional independent companies or units of generation, transmission and distribution, preparatory to its privatisation. The country also developed a contract-based market with cost reflective tariff system, as well as a strong and independent regulator to ensure that the restructuring efforts and market liberalisation were nurtured to success. So far, with the existence of a somewhat active private sector participation in the generation and distribution segments, the power industry has since taken off with the absolute transfer of PHCN generation and distribution assets to private investors. By the privatisation agreements they signed with the government, the private sector ought to invest in the upgrade of the assets and productivity of the sector. While it was expected that investments by the private sector operators would improve the productivity level of the sector, this has really not been the case, especially with recent market reports on the performance of the sector. According to the reports, the performance levels of operators in the sector are far from meeting the expectations and objectives of the privatisation exercise. This has also stimulated debates on the basis of the exercise, with some individuals calling for its cancellation or review. On the generation segment, operators have reportedly invested in upgrading the capacities of their plants but still do not get enough gas feedstock for their gas power plants to match their added capacities. This development has also contributed to the constraint of an average of 2000MW of electricity daily from the generation companies. The Gencos are also owed monies for power generated, a development that is beginning to impact their operations. The transmission segment on its part has recorded very little progress in its expected delivery to the entire sector, majorly on account

of poor funding for desired transmission projects. The absence of funds for upgrade and construction of key transmission projects has seen the network become increasingly unreliable. Also, its transmission capacity upgrade has been slow with its wheeling capacity still marginally above 5000MW. The grid has equally recorded constant breaches in the form of system collapses. The distribution network, which is the visible interface between the market and consumers have by the assessment of experts done badly in their obligations to both the market and consumers. Overall, the Discos have marginally improved their operations across board since the 2013 privatisation. Credible market reports have linked much of the sector’s failing to the recalcitrant operational behaviours of some of the Discos. From allegedly withholding market funds beyond the legal threshold allowed by regulators, thus denying the entire industry of adequate cash flow, the Discos also engaged in constant load-shedding, overzealous estimated billings, initiation of advantageous litigations against the regulator and the market, as well as other unhealthy business practices. Official reports on the Discos operations show that they have added very little value to the sector since taking it over from the government. Ending blame games While it is widely agreed that the sector has largely underperformed, government’s financial commitment to it now has however thinned down to only the transmission network. The government should therefore fulfill its obligations to the transmission company, in addition to helping other segments of the sector stabilise their operations through respectable policies. The National Assembly should come handy for the realisation of this vision. In addition to creating good market conditions for the sector to overcome its teething troubles, the government should equally live up to its commitment to an independent regulatory regime, and market-based solutions to the problems of the sector, especially its current financial mess, as against politically- motivated solutions mostly on issues of cost -reflective tariffs. As has been demonstrated in the past, the government does not have the capacity to solely operate the sector, and should in this regard provide healthy supports to enthrone

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AY, FEBRUARY

ENERGY

Igwe: FG Should Liberalise the Downstream Sector With a paltry N10,000 as capital, renowned industrialist, Mr. Chris Odinaka Igwe started business in 1992; and with enormous management and entrepreneurial experience acquired locally and internationally, he grew his trading business into a conglomerate - Chrisnak Group of Companies comprising Mainland Oil and Gas Company Limited as one of its 10 subsidiaries. Igwe, who turned 47 this week, shared his success story with Ejiofor Alike, highlighting the impact of integrity on the growth of his business and the challenges in the downstream sector. Excerpts: Could you please give us a brief profile of yourself? My name is Chris O. Igwe. I come from Amuda, Isuochi, Abia State. I was born 47 years ago to the family of the late Elder Joseph Igwe. I started like every other child until my father died when I was still a teenager and I was forced to go to do apprenticeship under the tutelage of Sir Nwobi Chidioka, whom I served for a very long time. In 1992, he settled me with a cash of N10, 000. I started what is known as Chrisnak Group of Companies that has 10 subsidiaries today. We actually took off on February 16, 1992. So, as you can see, Chrisnak is like a Mustard Seed that was sown 25 years ago and today, it has grown to a very big Iroko tree, which in business parlance, is called conglomerate. We are represented in almost all the major parts of the economy. We have the Mainland Oil, which is a leading downstream player in Nigeria. We have Newcore Energy, which is playing equally in the downstream. We are into property; we are into shipping; we are into manufacturing; we are into farming – I am a farmer. It is important to let you know that my company, Chrisnak Farm, has the largest Cashew farm in the South -East today. We want to bring back the glory of the South -East because I realised that Cashew was first planted in the South-East over 50 years ago, but because of oil, we neglected that area of business. So, I took it upon myself to set up an agricultural farm, which imported the seedlings from Brazil. Today, it is doing so well and very soon, we will begin to export Cashew from the South-East. So, you can see from what I have explained that Chrisnak Group is virtually everywhere. We are so excited when we realised that this company has grown to this level within 25 years. We said okay, that it is good that we set out a day to mark it and celebrate God because we know that all these things would not have been possible without the grace of God. That is why the book we are launching is titled: “Chris Igwe: A Life Transformed By Grace”. We recognise the work of God in all these and we know that without the grace of God, we would not been where we are today. We also recognise our obedience to the word of God that enjoins us to be diligent. That is how we started and today, Chrisnak Group is a success story. So, we thank God and give Him all the glory. You started in 1992 with a seed capital of N10,000 only and today, you have grown into a conglomerate with 10 subsidiaries. What was the secret behind such huge success recorded within just a period of 25 years with a little capital? The secret is very simple – diligence and faith in God. These are the two major secrets. We are diligent. The Bible says that a man that is diligent to his job shall stand before kings – shall be great. We are diligent and we are focused. We also recognise the place of grace because grace is unmerited favour - that which we should not merit but God awards it to us. So, we do our best. Even in our service to God and mankind, we build trust among our partners, even in the banking industry overseas and in the Ministry of Petroleum Resources and all our partners. Our name is synonymous with integrity. So, that is our major secret. When we built trust among our partners, they started giving us credit because they trust us. We also started receiving credit from abroad and that enhanced our ability. We started receiving credit from our banks and in the last 25 years, we have not been involved

efforts. NNPC appreciates our best and even our bankers and associates - they all appreciate our efforts in the oil and gas industry. Most of the other downstream operators built their tank farms in Lagos but you sited yours in Calabar. Why the choice of Calabar? As at that time, tank farm business was causing traffic menace in the Apapa area of Lagos and I decided not to worsen the bad traffic situation. I decided to go to another zone to play a dominant role. As you can see, I am playing an active role or dominant role in the South-South and South- East markets and the North-Central, and even North-West. I am playing a dominant role in that area- we all cannot be at the same place. We try to be unique in everything we do by planning our own strategy and doing it our own way and it has worked. We are doing well in Calabar. All of us cannot be in Lagos and as you can see, success is not a Lagosian- you can succeed anywhere.

Igwe in any scandal. There is something called credit bureau in the banking industry today. If you go and run a search on our group, you will confirm that there is no member of our group that is associated with scandal and we give God the glory for that. The downstream sector is a challenging environment and one of your subsidiaries- Mainland Oil is playing in this sector and is reputed as a the fastest growing operator in the sector. How were you able to achieve this feat? Actually in 2003, we saw an abandoned filling station in Umuoji Road in Anambra State. We invested the little capital we had at that time in the filling station. What we did was that we took the statistics of all the cars plying that road. After that, we reached out to some of the motorists in motor parks and promised them that as we were coming into the business, we were going to make the product available and affordable to them. We promised them that our quality will be guaranteed. We gave them the assurance and we started. Actually, we were competing with some oil majors. Sometimes we buy product from the oil majors and sell at the same price with those oil majors. So, we were not making much profit. But one thing we had, which the oil majors did not have was that we were efficient more than them because while they were still seated in the board rooms, trying to take decisions, we had already loaded products. We also introduced other marketing strategies – sometimes we played raffle and sometimes someone would win a bag of rice. Before you knew it, we had turned the filling station into a viable place. We started selling in trucks. That was the first filling station we bought and we turned it into a busy filling station. Even filling stations inside the towns were not selling as much as we were selling because we made product available and affordable. We maintained that standard and added other side attractions. Before you knew it, we turned that place into a busy place. That was how Mainland Oil and Gas started. From there, we started acquiring

other stations. We have over 30 filling stations across the country. When we started growing, we saw the need to build a tank farm, which is a storage facility. Today, we have one of the largest tank farms in Calabar, Cross River State. We also have another one called Newcore Energy. Today, we have huge investment in the oil and gas sector and even the Ministry of Petroleum acknowledged that. They appreciate us. We are one of the companies that store product for the NNPC in the South-South Region. It takes a lot of integrity for the NNPC to trust you and discharge their product in your facility. But every week, NNPC discharges their product into our tank farm. So, we have built that trust between ourselves and NNPC and even our customers. We are a company where people deposit their money and go back to sleep. We maintain high level of integrity because we are going somewhere. So, we are not looking at the immediate gains but the future. Our name is very important to us. That was how we built it. One thing led to another and today, we have become a very huge success story. Other companies were groaning during that period because of unpaid subsidy claims and it was only on May 11, 2016 that the country exited from the subsidy regime. So, how were you able to cope with unpaid subsidy claims to achieve all that you achieved during that trying period? Our number one secret was that we were very careful with our finances- very prudent with our finances. Even today, the federal government still owes us huge amount of money but it has not affected our operations. So, we make very judicious use of our resources and plough back into the business. When we make returns, we plough back our returns into the business and it is working today. They still owe us subsidy claims but then I can tell you that this is the only tank farm that operates day and night in Calabar. No other tank farm does that. There is a lot of hard work and we believe in putting our best and Nigerian customers appreciate our

We have exited the subsidy regime but we understand that there are still outstanding mature Letters of Credit (LCs) worth over $1 billion. How are you coping with this huge debt? It is a major challenge and we are using this opportunity to call on the federal government to look into it. Marketers are suffering –marketers are not finding it easy. Even to borrow money and import petroleum products today is not an option because the liquidity problems of banks have made them to increase their interest rates. So, if you borrow to import or pay the NNPC for allocation of petrol, you will find out that you are just working for the banks. So, we need government to seriously come to our aid by paying us the mature LCs that has run into over one billion dollars – yes, the whole amount owed marketers by the government is over $1 billion. It is important that government gives it a priority attention because these are businesses financed by the banks. If the government does not resolve the issue of interest and forex, the result is that if marketers go down, the banks will go down. So, it is a chain reaction. I am using this opportunity to call on the federal government to settle the outstanding forex and interest, which is the major thing. Once it is settled, this will plough back over one billion dollars into the system. The economy will feel the impact. So, I am calling on the government to look into our plight. Marketers are trying for the country even though they call us names such as cabals and all that but it is not easy to be a marketer. There are a lot of challenges that marketers are facing. The government should look into that. How has the issue of high cost of exchange rate been impacting on your business? It is a very serious challenge in the business in the sense that today, 90 per cent of the product being distributed in Nigeria are imported by the NNPC because as at today, the foreign exchange intervention that the NNPC started is no longer working because if you collect foreign exchange from an International Oil Company (IOC) and import petrol for instance, you are going to land it at N145 per litre. If you land it at N145 per litre, you cannot even sell it because our official ex-depot price is N133.28. So, if you land product at N145 and if you have to sell at the ex-depot price, which the Continued on page 25

WEEKLY PULL-OUT

WILL THE DEATH PENALTY DETER KIDNAPPERS?

14.02.2017

2/DASHBOARD

14.02.2017

Enforceability of MOU Made Subject to Signing a Formal Agreement PAGE 4

NBA Shortlists Six Senior Advocates, Others for Supreme Court Justices Appointment PAGE 6

‘Being a Good Lawyer Entails Hardwork’ PAGE 6

Nnamdi Kanu: A trial in Error PAGE 7

QUOTABLES 'Ibori was facing a 170-count charge here. For those that love Chief James Ibori, I think they should sympathise with him, they should allow the man to reorganise his life, stop the celebration of criminality, which is provocative enough for victims of corruption in this country.' – Femi Falana, SAN

'Many Nigerians believe that Government has sold us a false prospectus and it doesn't care about what happens to us. There is no empathy, there is no compassion, there is no care, and that is the problem.' – Prof Chidi Odinkalu, Member, #OneVoice Nigeria

Re: “No, CJN Appointee Need Not be the Most Senior Justice”- Sagay PAGE 12

The Best Time to Scrap NYSC PAGE 16

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

EMEKA AZINGE Emeka Azinge a.k.a Mr. Emedith holds a Bachelor of Law degree from Cardiff University, United Kingdom and a Masters of Law degree from King’s College London. He is currently pursuing a Doctorate of Business Administration (DBA) at the University of Liverpool. He has been called to Nigerian Bar, and is also a certified soft-skills and entrepreneurship facilitator, coach and mentor, who equally coaches lawyers on legal soft-skills. He is a member of the International Association of facilitators (I.A.F) and a Member of the Chartered Institute of Arbitrators, U.K. Nigeria Branch. He is the Managing Partner, EM- EDITH SOLICITORS, a Corporate and Commercial Law Practice in Lagos. ‘Legal Catalyst’ is aimed at encouraging, motivating and inspiring legal practitioners around the nation and beyond to grow and thrive within whatever environment they find themselves as well as maximise their potentials, essentially by gaining selfawareness about their skills, interests, and values, and amplifying these via a plan of action for achieving goals.

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

When Government Hides Behind One Finger

t seems that this Government thrives on generating unnecessary controversy. Is it a diversionary tactic to make us forget that Government is not doing all that it should be doing, to alleviate the suffering of Nigerians? Practically every week, there is one issue or the other. Finally, at the “00 hour” as they say, the name of Honourable Justice Walter Samuel Nkannu Onnoghen was transmitted to the Senate for approval as the CJN. The delay in the transmission of Onnoghen's name generated so much strife and division among Nigerians, especially on the ethnic level. Why the Secrecy? Now, it is the issue of Mr President’s health. The President is a human being like anybody else and can take ill at anytime. That doesn’t mean that he is dying or he is incapacitated. Even in the case of surgery, it still does not mean that one is on one’s death bed. These days, people can have surgery at 9am, finish at 10am, be home by 11am, and be back to business as usual by 1pm. The question is, why the secrecy and misinformation about the state of the President’s health? Nigerians have a right to know. It is not enough to circulate photographs of the President with people visiting him (though we were not even availed this opportunity during the late President Yar'Adua's illness). Tell that to the Marines! I am beginning to think that the qualification for being a Minister of Information in Nigeria, may be to be a Master of being as economical with the truth as possible and to be able to manipulate facts to suit one's purpose! Last Wednesday, the Minister of Information and Culture, Alhaji Lai Mohammed, made a public statement saying: “I can say it without any equivocation, Mr President is well, he’s hale and he’s hearty. No question about that......Mr President is in absolutely no danger. Mr President is not ill. He’s not in hospital. There will be no need to give anybody any bulletin about

his health, pure and simple”. The only aspects of this statement that ring true to me are that the President may not be in danger, that is, he may not be critically ill, and he may not be on admission in hospital. That there is absolutely nothing wrong with him, tell that to the Marines, Honourable Minister! The Constitution It is true that Section 144(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) (1999 Constitution) can be invoked against a President or Vice-President. By virtue of this provision, a President or VicePresident can be declared incapable of discharging the functions of his office by a resolution passed by a two-thirds majority of all the Members of the Executive Council of the Federation. I really cannot see that happening, because in the first place, Section 144(5) of the 1999 Constitution defines members of the “executive council of the Federation” as the body of Ministers of the Government of the Federation. These people are the President’s men. They were appointed by him. They are his people. It is highly unlikely that they will turn on him without compelling reasons. Secondly, there is a procedure that must be followed on the declaration of any such incapacitation. Section 144(1)(b) and 144(4) of the 1999 Constitution provide for the verification of such a declaration with a medical examination by a medical panel appointed by the Senate President, made up of the personal physician of the President or Vice-President, whichever the case may be, and four other eminently qualified medical practitioners in the medical field that covers the nature of the medical examination to be conducted. It is only after this medical panel has verified and certified that the President or Vice-President is incapable of discharging the functions of his office, that a notice of this fact is executed by the

Chief Bisi Akande and Senator Bola Ahmed Tinubu on a visit to President Muhammadu Buhari in London last week

Senate President and the Speaker of the House of Representatives, and published in the official Gazette (Section 144(2)). The President or Vice-President shall then cease to hold office from the date of the publication in the Gazette (Section 144(3)). Section 146(1) of the 1999 Constitution provides that the Vice-President shall hold the office of the President, should it become vacant by reason of death, resignation, impeachment, permanent incapacitation or the removal of the President for any other reason. The rules for ascendancy to the position of President in the case of sickness or death are clearly provided for by the 1999 Constitution. Therefore, it would be unnecessary for yet another controversy to erupt in the very unlikely event that the situation arises! Nigerians have a Right to Know The President is the Number 1 citizen and public figure of the country, and a statement on the state of his health should have been issued. What happened during President Yar’Adua’s time was strange. Nigerians do not even know when he actually died. The deterioration of his health and death, were shrouded in so much mystery and secrecy, it was ridiculous. Presidency of a country is not a private or family affair, and those who venture into holding public offices, should be aware of this. Even though some may say Section 14(1)(b) of the Freedom of Information Act, 2011 may give the President the right to privacy on such personal health details, I believe that Section 14(3) of the same Act which says that if the disclosure of the personal details is in the public interest, and the public interest outweighs that of protecting the privacy of the person to which the information relates to, the information shall be disclosed. There must be accountability, transparency and information. Those were some of the things that this Government promised us during the campaign. This is one situation in which Government should make good on its campaign promises, also so that Nigerians will not believe that history is repeating itself, as in President Yar’Adua’s time. In 2010, Alhaji Lai Mohammed, the then National Publicity Secretary of an opposition party said: "Since the President of a country is an institution, anything that affects him/her can change the fate of humanity, not just that of the country involved....We are not asking for what killed him. We are asking why information about the health of a sitting President was known only to members of the cabal that held him hostage, instead of the people that supposedly voted him into office". Honourable Minister, what has changed? To say that a comparison of Yar'Adua's situation with that of President Buhari's is like "comparing apples to oranges" is amusing. Are they not

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

"THE PRESIDENT IS A HUMAN BEING LIKE ANYBODY ELSE AND CAN TAKE ILL AT ANYTIME. THAT DOESN’T MEAN THAT HE IS DYING OR HE IS INCAPACITATED. EVEN IN THE CASE OF SURGERY, IT STILL DOES NOT MEAN THAT ONE IS ON ONE’S DEATH BED. THESE DAYS, PEOPLE CAN HAVE SURGERY AT 9AM, FINISH AT 10AM, BE HOME BY 11AM, AND BE BACK TO BUSINESS AS USUAL BY 1PM. THE QUESTION IS, WHY THE SECRECY AND MISINFORMATION ABOUT THE STATE OF THE PRESIDENT’S HEALTH? NIGERIANS HAVE A RIGHT TO KNOW" both Presidents? Are health issues not involved? Whether one's health issue was more serious than the other, or one was spirited away in the night while the other informed the nation that he was travelling on a medical vacation, is immaterial. The last health issue that Nigerians were informed that Mr President travelled to the UK to treat, was an ear problem. Is that what took him back to the UK this time? Nigerians have a right to know. If the President is ill, we wish him a speedy recovery. If he is hale and hearty, and only travelled to the UK on vacation, we wish him a pleasant stay. At the end of the end, as the saying goes, "nothing is hidden under the sun". "Who no know, go know."

Dear Editor Re: Ejigbadero, the Father of Land Grabbing Dear Editor, The Bill to check Land Grabbers in Ogun State passed by the State House of Assembly and signed into Law by the State Governor, Senator Ibikunle

Amosun in November, 2016, is, and will remain a toothless law, as it is not backed with an action team. Though the State Attorney-General said that a Task Force backed by the security agencies

Re: Tortuous Convolvulus Dear Editor, Your article "Tortuous Convolvulus" was well written. It was also balanced and fair. I wonder how people who are meant to be responsible, Dear Ms. Braithwaite, I saw and read your article with the above heading. It is detailed and nice. Keep it up. Thanks for being honest and unbiased. Thanks & Best Regards. Willy Eneh

at least responsible enough to be appointed to the Confab, can come up with such nonsense about the ownership of Niger Delta oil. The Niger Delta activist, Ankio Briggs, actually said that the Northerners making the claim that they own the Niger Delta oil and the mineral resources in Nigeria, because they have 72% land mass, are not only irrational, but "foolish". I agree. Please, keep those interesting write-ups coming. Thank you. D.P, Lagos

would be put in place, it will however remain just paper law if the contact details of the Task Force are not published like that of Lagos State. A petition was made to the Nigeria Police Force Zone 2 Area Command, Oke Ilewo, Abeokuta on Friday, 27th January, 2017 with copies to the Ogun State Commissioner of Police, Deputy Speaker, Ogun State House of Assembly, Deputy Governor Ogun State and others, but more than 10days after the submission of the petition, there has been no action, despite the Area Commander's assurance that the matter would be investigated. This had given the land grabbers, led by persons known as Hakeem and Yomi with the support of one Canvas, the impetus to destroy infrastructure and crops, and kill live stock of landlords in the area. Fences were being constructed around landlords' projects, with some of them divided by the ongoing land grabbers fence. Threats have been made

by thugs and the landlords' fences are being destroyed. If the contact phone numbers of the Task Force or office to which reports could be made was provided, the innocent landlords who believed that they have bought land from the rightful owner, with evidence that the land was first registered in 1976 and resubmitted in 2007 after the survey got burnt would have made contact with the appropriate quarters. There is also receipt of payment by the Ogundipe family yeasrs back to the IBU family for access to mine sand and gravel. In addition, Egba Complaints Committee gave a Judgement in 2014, that the area rightly belongs to the IBULARAGBA family which shares a boundary with Agboriogan family. There is need to publish contacts for reporting and information needed for action. Innocent investors are still the losers in Ogun State. Thank you for being the advocate of the masses.e masses. Adewale Aladesuyi

4/LAW REPORT

14.02.2017

Enforceability of MOU Made Subject to Signing a Formal Agreement

T Facts

he Appellant carries on the business of civil, mechanical and electrical engineering and construction work. The Appellant approached the Respondent for the provision of infrastructural facilities at Mabushi and Katampe Districts of the Federal Capital Territory, Abuja. The Appellant’s proposal was approved at a meeting held between the parties on 6th July, 2004. A Memorandum of Understanding (MOU) was entered into by the parties. The MOU was made subject to signing a formal agreement by the parties. By the agreement, the Appellant, an infrastructure developer, would raise funds for the project and recoup the costs, from the collection of development levies payable by allottees of plots, and from the sale of vacant plots in the two districts. The terms of the MOU were to the effect that the Respondent would provide the Appellant with the engineering designs, drawings and bill of quantities (BOQ), and any other document that would enable the Appellant complete its costs analysis of the project. The MOU also provided that within 14days of its execution, the parties shall enter into a formal agreement on terms to be mutually agreed on by the parties. In compliance with the MOU, the Respondent submitted the required documents to the Appellant. The Appellant in turn submitted its Infrastructural Development Agreement to the Respondent for execution, along with evidence of its financial capacity to execute the contract. However, despite repeated reminders, the Respondent failed/refused to sign the agreement. In the meantime, the Appellant had incurred costs in terms of manpower and resources in the execution of the project based on “reliance on the promises, assurances and representations of the Respondent that a formal agreement will be executed in line with the MOU.” When the Respondent persisted in its failure to execute the formal agreement, the Appellant instituted an action at the High Court of the Federal Capital Territory, Abuja seeking among others, (a) A declaration that the Defendant (Respondent) is duty bound to enter into a formal agreement with the Plaintiff (Appellant) in line with the MOU; (b) An Order compelling the Respondent to execute the formal agreement within a time stipulated by the Court; (c) An Order for the Respondent to pay the sum of N3,877,284,858.29 being cumulative costs for the efforts, services and work input which the Appellant already committed to the said project pursuant to the MOU or in the alternative, An Order for the Respondent to pay to the Appellant the sum of N10,000,000,000.00 being loss of anticipated profit by the Plaintiff in respect of the project. The Respondent denied the claims of the Appellant. At the end of the trial, the Court found for the Appellant and awarded the sum of N10,000,000.00 as damages for the breach of contract and N2,000,000.00 as costs and legal expenses in the action. The Appellant was dissatisfied with the judgment and consequently, appealed against same to the Court of Appeal. The Respondent was also dissatisfied with part of the judgement and accordingly, filed a notice of cross-appeal. At the Court of Appeal, the main appeal was dismissed while the cross-appeal was allowed and the awards of damages by the trial Court were set aside. Displeased with the decision of the Court of Appeal, the Appellant further appealed to the Supreme Court. Issues for Determination At the Supreme Court, parties duly filed and exchanged briefs of argument wherein several issues were formulated for determination of the Court. The issues considered by the Court are: (i) Whether the Court of Appeal’s definition and application of the import and meaning of “memorandum” simpliciter in determining the contractual relationship between the parties ... is not a misapprehension of the Appellant’s case which has occasioned a miscarriage of justice against the Appellant; (ii) Whether the Court below was right in holding that there was no valid and enforceable contract between the Appellant and the Respondent ... thus reversing the decision of the learned trial Chief Judge ...; (iii) Whether the Court below was right in failing to consider the promissory estoppel and estoppel by conduct arising from the promises, assurances and representations made by the Respondent to the Appellant which the Appellant believed and acted upon to its detriment. Arguments Arguing the first issue, Counsel for the Appellant submitted that the Court of Appeal misunderstood its case as to the meaning and import of an MOU, which resulted in a miscarriage of justice. Employing the definition of MOU as found in the Black’s Law Dictionary, 8th Edition, he submitted that in certain circumstances, MOU could be held to contain a commitment which is binding and enforceable between parties thereto, as opposed to the meaning of MOU simpliciter, which misconstruction resulted in miscarriage of justice to the Appellant. He argued that the MOU contained the required commitment necessary for a valid contract to wit: unequivocal offer, acceptance and consideration. Counsel for the Respondent submitted that MOU connotes an informal record. He referred to the definition in the dictionary relied on by the Appellant and stated that the definition includes a letter of intent which courts do not ordinarily enforce, but occasionally find that commitment has been made. He stated that Counsel for the

legal implication of the phrase – “subject to” – he referred to the cases of OKECHUKWU v ONUORAH (2000) 15 NWLR (PT. 691) 597 AT 614-615; UBA LTD v TEJUMOLA & SONS LTD (1988) 2 NWLR (PT. 79) 662 AT 688. With regard to the third issue, Counsel for the Appellant argued that the Court of Appeal ought to have considered the principles of promissory estoppel and estoppel by conduct arising from the promises, assurances and representations made by the Respondent upon which the Appellant acted to its detriment. He submitted that the Respondent could not resile from the assurances given by the Minister of the FCT, which modified the legal relationship between the parties. He referred to Section 151 of the Evidence Act on his position that the Respondent is caught by the doctrine of Estoppel by Conduct and Promissory Estoppel. In reaction, Counsel for the Respondent faulted the submission on principles of Promissory Estoppel and Estoppel by Conduct being applicable to this case. He argued that the meetings relied on by Counsel held prior to the signing of the MOU, amounted to an invitation to treat. Counsel for the Appellant replied that the Estoppel relied on can arise in any relationship between parties, including preliminary negotiations provided that the elements of contract are complete.

Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 27th Day of January, 2017 Before Their Lordships Walter Samuel Nkannu Onnoghen, Acting CJN Mary Ukaego Peter-Odili Kumai Bayang Aka'ahs Kudirat Motonmori Olatokunbo Kekere-Ekun Amiru Sanusi Justices, Supreme Court SC. 293/2011 Between BPS Construction & Engineering Co. Ltd................. Appellant And Federal Capital Development Authority.............Respondent Lead Judgement delivered by Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

Appellant placed reliance on the latter part of the definition – “but occasionally find that commitment has been made”, which is merely an exception and not the norm, as the issue before the Court does not involve one of those exceptional cases. He submitted that the MOU is unambiguous that there was no contract in existence between the parties. On the second issue, learned Counsel for the Appellant contended that, contrary to the decision of the Court of Appeal, the terms of the agreement between parties were well set out in the MOU, and that the sanctions for any breach of the contract need not be spelt out in the MOU, as the implication of any breach is settled in law. He reiterated that the MOU contained all the valid elements of a contract and that parties having carried out their obligations as outlined in paragraph 3(1) of the MOU, they could be said to be in agreement, which constituted a binding and an enforceable contract, notwithstanding the expression – “subject to the signing of a formal agreement.” On his part, learned Counsel for the Respondent submitted that the Court of Appeal rightly interpreted the meaning of the MOU and considered same in its entirety. He argued that a document which provides for the execution of an agreement in the future, is merely a preliminary move in negotiations which may or may not lead to a definite offer being made. He observed that Counsel for the Appellant failed to establish the elements of a valid contract before the trial court and thus, it was improper for Counsel to attempt doing this before the Supreme Court, without leave of court. On the

"CONSIDERING THE DEFINITION OF MOU AS CONTAINED IN THE BLACK’S LAW DICTIONARY, THE COURT HELD THAT A MEMORANDUM OF UNDERSTANDING OR LETTER OF INTENT, MERELY SETS DOWN IN WRITING WHAT THE PARTIES INTEND WILL EVENTUALLY FORM THE BASIS OF A FORMAL CONTRACT BETWEEN THEM. THUS, TAKING INTO CONSIDERATION THE ELEMENTS OF A VALID CONTRACT, THE MOU IS MERELY A REPRESENTATION OF THE INTENTION OF THE PARTIES, SUBJECT TO THE EXECUTION OF A FORMAL AGREEMENT"

Court’s Rationale and Judgement Deciding the first issue, the Apex Court identified the major submission of Counsel for the Appellant to be that the MOU represented a binding and enforceable contract between the parties. Differentiating what constitutes a valid contract in contrast to an invitation to treat, their Lordships called in aid the case of BILANTE INTERNATIONAL LTD. v NDIC (2011) 15 NWLR (PT. 1270) 407 AT 423. The Court held that a binding contract must contain the basic elements of offer, acceptance, consideration and capacity to contract or intention to create legal relationship, as opposed to an invitation to treat which is not an offer that can be accepted to lead to a contract. Considering the definition of MOU as contained in the Black’s Law Dictionary, the Court held that a Memorandum of Understanding or letter of intent, merely sets down in writing what the parties intend will eventually form the basis of a formal contract between them. Thus, taking into consideration the elements of a valid contract, the MOU is merely a representation of the intention of the parties, subject to the execution of a formal agreement. The finding of the Court of Appeal on the issue cannot be faulted; hence, there was no miscarriage of justice occasioned by the finding of the Court. On the second issue, the Supreme Court reckoned that the contention of the Appellant is that the MOU falls within the exceptional circumstance where a Court finds that commitment has been made between parties, notwithstanding the general nature of MOU. The Apex Court reiterated the elements of a valid contract and relied on the dictum of IGUH JSC in ALFOTRIN LTD. v A-G FEDERATION & ORS. (1996) 9 NWLR (PT. 475) 634 at 656 to the effect that for there to be an enforceable contract, “there must be a concluded bargain which has settled all essential conditions that are necessary to be settled and leaves no vital term or condition unsettled.” For the avoidance of doubt, paragraph 5 of the MOU states that “This memorandum of understanding is subject to the signing of a formal agreement by the parties.” In this instance, since the MOU is subject to signing a formal agreement, it would not be correct to say that the terms are to be construed in a mandatory sense. The third issue is to the effect that the Court of Appeal was wrong to have relied solely on the MOU in reaching the conclusion that there was no binding agreement between parties. On this issue, the Supreme Court held that where a contract is made subject to the fulfilment of certain terms and conditions, the contract is inchoate and not binding until those terms and conditions are fulfilled. The Court also relied on the case of TRANS BRIDGE CO. LTD v SURVEY INTERNATIONAL LTD. (1986) 4 NWLR (PT. 37) 576 AT 617 on the essential requirements for the operation of Promissory Estoppel. At page 618 (supra), it was stated that the doctrine of Promissory Estoppel does not create a new cause of action but only prevents a party from insisting on his strict legal rights, when it would be unjust to allow him to enforce them, having regard to the dealings which have taken place between the parties. The issue here is whether there were promises, assurances or representations made by the Respondent subsequent to the MOU which caused the Appellant to alter its position to its detriment, as found by the trial Judge. There was no evidence of modification of the agreement between the parties as contained in the MOU, which clearly stated that it was subject to signing a formal agreement by the parties. Therefore, though the Appellant had fulfilled its obligation under the MOU, such acts could not amount to a license to proceed to mobilise to the site and commit financial and manpower resources to the project, without the formal agreement being signed. Appeal Dismissed. Representation: Chief Tochukwu Onwugbufor, SAN with H. Okhiria (Miss) and O. Onwugbufor (Miss) for the Appellant M.N. Nunghe Esq. with Sylvester Ogbelu Esq., M.J. Numa Esq., E.O. Agi Esq. and M.T. Husseini Esq. for the Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

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L-R: Former Lagos State Chief Judge, Justice Afolabi Adeyinka, former Judges of the Lagos High Court, Justice Olateru Olagbsgi and Justice Sunday Oladokun Ishola at a Stakeholders’ Summit on Administration of Justice organised by the Lagos State Ministry of Justice at Eko Hotel and Suites, Victoria Island, last week

SUMMIT L-R: Mr. Olumuyiwa Aduroja SAN, Hon. Justice Wale Abiru of the Court of Appeal and Justice Opeyemi Oke of the Lagos High Court at the Stakeholders’ Summit

Nigeria Judiciary Needs Transformational Leadership – A2J Akinwale Akintunde

A human rights organisation, Access to Justice (A2J), has said that what Nigeria’s Judiciary needs now, is transformational leadership that will help to overhaul the delivery of justice services in the country. The group, in a statement signed by its Executive Director, Mr. Joseph Otteh, while faulting President Muhammadu Buhari’s continuous silence on the reasons behind the delay in confirming Hon. Justice Walter Samuel Onnoghen as the Chief Justice of Nigeria, said Nigeria’s judiciary is in a deep crisis now and it needs good leadership that will clear the rot in the system. It added that the silence by the President had caused tension in the country. Access to Justice however, advised that, rather than arguing over Justice Onnoghen's delayed appointment, Nigerians should be worried about the rot in the

judiciary. "The President must be transparent as to the reasons why he takes any course of action relating to the appointment of a substantive Chief Justice. Nigerians are entitled to know why he is taking, or not taking, any line of action, and assess whether the grounds and motives he asserts are legitimate, and are in the best interest of Nigeria," it stated. “Already, there was escalating fear and speculation that there is an “ethnic” dimension to his foot-dragging in this matter. This is not good at all. The President should have levelled with the Nigerian people and broken this discomfiting silence on the appointment of a substantive Chief Justice. What Nigeria needs now is a 'transformational leadership to rescue judiciary. "While there is need for a careful management of issues related to the appointment of the Chief Justice of Nigeria, the debate over the appointment of a new Chief Justice

has overshadowed the exigencies of the need for a transformational leadership that the Judiciary needs at this time. “Nigeria’s judiciary is in a deep crisis now. Over the course of many years, it has been systemically weakened, politicised, corrupted and mismanaged still. It is now a largely broken third branch of government bumping along the bottom; it will take a long time for it to rebuild strength, and the image and perception of an impartial, independent and trustworthy institution. "What the Judiciary needs now is transformational leadership, it needs a head ardently committed to breaking from the painful legacies of the Judiciary’s own foibles and troubled history, and overhauling the delivery of justice services in Nigeria. "Access to Justice is not suggesting by any means that the acting Chief Justice of Nigeria is not equipped for the task ahead or that

his commitment is not up to scratch, but we think that the focus of the clamour for a substantive Chief Justice of Nigeria should be, in the circumstances, that he is the best person for the job and not just because he is next in line for the office. We urge that whoever must be Chief Justice of Nigeria must be such a person that will lift the Judiciary from the mud and muck in which it is now stuck, and deliver a new Judiciary to the Nigerian people, and has the capacity and commitment to do so. This is why a robust public hearing at the Senate for any candidate nominated for that office is a clear necessity. "We urge that whoever will be Chief Justice of Nigeria, must be such a person that will lift the Judiciary from the mud and muck in which it is now stuck, and deliver a new Judiciary to the Nigerian people, and has the capacity and commitment to do so", the group stated.

ICMC Trains 110 Conciliators

Tobi Soniyi in Abuja

Institute of Chartered Mediators and Conciliators (ICMC) said it has trained not less than 110 mediators and conciliators on dispute resolution across the county. Mr Emeka Obegolu, President, ICMC, said this at a press briefing to mark its 111th Mediation Skill Accreditation and Certification Course in Abuja. He said that mediation and conciliation remained a potent weapon in resolving disputes, adding that such modules have been introduced to criminal issues.

According to him, mediation and conciliation is meant for civil and criminal cases. He said ICMC's major focus is to engage the Federal Government agencies handling criminal trials to consider the possibilities of mediation. He said that the Institute would however, not engage persons who were in conflict with the law, adding that the Institute would engage in authentic dispute resolution that would facilitate lasting peace. He said that the Institute had since trained over 6000 personnel in conflict management, adding that

qualified personnel such as prosecutors, lawyers, judges among others, had been trained. According to him, the Institute is willing and capable of engaging in dispute resolution in the country. Obeogolu said that the Institute was working with some State Governments to establish multi-door courts for dispute resolution. Mr Aba Ejembi, Director, Nigeria Civil Aviation Authority who was one of the participants said that the skills that were taught by the Institute, were essential in managing

family and community. He said that the Institute had exposed to resolve dispute, judging from the calibre of trainers at the Institute. Dr. Simon Nwa-Ekuma, Assistant CommandantGeneral, Nigeria Peace Corps, said that the training was an eye opener, adding that he never knew an alternative way of settling crises until the training. He said: “My message to the Government and Justice Ministry is that they should employ the option of settling disputes, and the court should always be the last resort".

Two Lawyers Elevated to Partnership at Odujinrin & Adefulu Odujinrin & Adefulu are pleased to announce the admission of Mr. Lucky Ayeki and Ms. Olubukola Olabiyi into Partnership effective 1st January, 2017 Olubukola Olabiyi Olubukola joined the firm in 2007. From 2013 - 2016, she was the Senior Associate in charge of the Corporate/ Commercial, Capital Market Practice. She has ten (10) years experience in legal practice. Apart from general practice, Olubukola is involved in matters relating to corporate and commercial law, as well as corporate governance. She supervises the unit responsible for the provision of corporate services to clients at the firm, and has advised both national and international clients on varied number of transactions. She also deals with issues relating to policy, legal and regulatory frameworks regarding general corporate/commercial matters, particularly relating to compliance. Olubukola is an apt speaker and was a member of the panel on Corporate Governance at the 2015 International Bar Association Conference in Vienna. She was ranked as a “recommended lawyer” in the 2016 Legal 500 Corporate Commercial M&A profile and as an “up and coming” lawyer in the Chambers Global 2016 Corporate/

Olabiyi

Commercial profile. She was also one of the recipients of the 40 Under 40 category of the ESQ Nigerian Legal awards in 2016. Olubukola attended the University of Buckingham, UK, LLB (2005) and was called to the Nigerian Bar in 2006. Lucky Ayeki Lucky joined the firm in 2005. From 2009 - 2016, he was the Senior Associate in charge of the Litigation and Alternative Dispute Resolution. He is a legal practitioner with fourteen (14) years professional experience. He is also involved in matters relating to General Commercial Disputes. Lucky has a thoughtful approach to the negotiation of the resolution of commercial disputes where required. He attended the University of Calabar, where he obtained a Bachelor of Law and Letters (LL.B Hons) degree in 1999. In May 2002, he was called to the Nigerian Bar. He is a member of the International Bar Association (IBA). In announcing their admission into Partnership, Senator Odujinrin, Senior Partner of the firm, said, “We are very excited to welcome these two excellent lawyers into the firm’s Partnership. Over the years, Bukki & Lucky have demonstrated their commitment to the firm, our clients and to the development of the legal practice in Nigeria".

Ayeki

14.02.2017

NBA Shortlists Six Senior Advocates, Others for Supreme Court Justices Appointment Akinwale Akintunde

The Nigerian Bar Association (NBA), has forwarded the names of nine eligible applicants to the Acting Chief Justice of Nigeria and Chairman, Federal Judicial Service Commission, Hon. Justice Walter Samuel Onnoghen, for appointment as Justices of the Supreme Court of Nigeria. This followed a rigorous process of shortlisting done by a select committee chaired by the NBA President Abubakar Mahmoud, SAN with eight other eminent lawyers as members. Applicants shortlisted by NBA for appointment as Justices of the Supreme Court are the following: Dr. Olisa Agbakoba, SAN, from Anambra State and called to the Nigerian Bar in 1978. Anthony Ikemefuna Idigbe, SAN, from Delta State and called to the Nigerian Bar in 1983. Yunus Ustas Usman, SAN from Kogi State and called to the Nigerian

Bar in 1983. Babatunde Fagbohunlu, SAN, from Ondo State and called to the Nigerian Bar in 1988. Miannaya Aja Essien, SAN, from Rivers State and called to the Nigerian Bar in 1985. Awa Uma Kalu, SAN, from Abia State and called to the Nigerian Bar in 1978. Professor Awalu Hamish Yadudu from Kano State and called to the Nigerian Bar in 1979. Tajudeen Oladoja from Kwara State and called to the Nigerian Bar in 1985. Ayuba Giwa, from Edo State and called to the Nigerian Bar in 1983. According to the NBA, the nine names were shortlisted from a total of 89 Expressions of Interest that were meticulously scrutinised. It would be recalled that the Acting CJN had earlier forwarded a request to the NBA President "to nominate suitable candidates for consideration as Justices of the Supreme Court of Nigeria".

Dr. Olisa Agbakoba, SAN

Anthony Idigbe, SAN

Awa Uma Kalu, SAN

Babatunde Fagbohunlu, SAN

Miannaya Aja Essien, SAN

Yunus Ustas Usman, SAN

Legal Personality of the Week Ikechukwu Uwanna

‘Being a Good Lawyer Entails Hardwork’

I am Ikechukwu Uwanna, a Corporate Commercial Lawyer. I graduated from Abia State University and was called to the Nigerian Bar in 2003. I also obtained a Master’s Degree in Law from the Obafemi Awolowo University, Ile Ife; and in 2012, a Certificate in Entrepreneurship from the Pan African University, Lagos. I cut my professional teeth with Serenity Legal Union and Partners, in Port Harcourt, Rivers State and had a brief stint doing Tax Advisory with SIAO Partners in Lagos, before cofounding Tsedaqah Attorneys where I am the Managing Partner. I was appointed a Notary Public of Nigeria in 2012. I have been involved in various legal and commercial transactions in Nigeria, Ghana, Angola and Kenya, advising on a wide range of issues including Dispute Resolution, Gas Projects, Acquisition of Petroleum Assets, Acquisition of Aircrafts, Real Estate Transactions, Management Buyout, Public offerings, Arbitration, Tax Advisory, Corporate Governance issues, Public Private Partnership, Maritime Law etc. In 2007, I was appointed as the foremost National Secretary of the Young Lawyers Forum of the Nigerian Bar Association and that gave me the opportunity to push the interest of Young Lawyers. My Team introduced the Young Lawyers Summit and also ensured the vibrant sessions of the Young Lawyers Forum during the NBA Conferences. I also served on the National Editorial Board of the NBA between 2012 and 2014, and have at various times, been a member of the Law Week Planning Committee for the Lagos Branch of the NBA. I currently coordinate the Branch Legal Email project. I am also a very active member of the NBA Section on Business Law and currently represent the NBA in the Civil Society Committee of the National Extractive Industry Initiative. I am a member of the Capital Market Solicitors Association, Chartered Institute of Taxation of Nigeria, Nigerian Institute of Management, Institute of Chartered Conciliators and Mediators and the Association of Outsourcing Professionals of Nigeria. I am also a member of the Lagos

times. It is difficult to find young lawyers who are willing to pay the price with you to build a practice. Thankfully, I have been blessed with a few loyal colleagues who have made the journey worthwhile.

Ikechukwu Uwanna

Court of Arbitration. When I am away from work, I enjoy spending quality time with my family and friends at the Ikoyi Club and staying at home playing with my daughter. Have you had any challenges in your career as a lawyer and if so what were the main challenges? Yes, my road has been very rough as a Practitioner, and I have been through the furnace of legal Practice. I remember my first day in Court where as a new wig, I had to move an ex-parte motion. Gratefully, I was before a High Court Judge in Kwara State who was patient with me as other more experienced lawyers whispered to me what to do. As a young lawyer I had to go for matters in Bonny in Rivers State by speed boat, also, Ogbai, Warri etc. This was not funny. Many times, I arrived at the Court room only to find out that the Court would not sit, after going through hoops to get there. Also, running a law practice has been fraught with challenges such as billing right and ensuring that the Clients pay “well”. The issue of loyalty has also come up a few

What was your worst day as a lawyer? A few years ago, I was handling a litigation matter for a Client, who invited me to his office for a meeting. That fateful day, I attended the meeting with a junior colleague, only for my Client to tell me that he felt the lawyer to the adverse party had access to the Judge, and was being over indulged by the said Judge. He then informed me that he was going to get another lawyer who knew the Judge well to lead me in the matter. He concluded by emphasising the fact that he was comfortable with my knowledge of the law, but that the matter required more than just knowing the law. I left his office feeling very dejected! What was your most memorable experience? It is difficult to say. I have had a lot of memorable experiences, but it is always memorable for me when I get a positive and satisfactory feedback from a client especially when I have proffered a unique solution that truly satisfies him/her. I also always look forward to closing dates for transactions. Who has been most influential in your life? I have been influenced immensely by different people at different stages of my life. First it was my Parents (the late Hon. Vincent E. Uwanna (also a lawyer) and Mrs. Bernadette N. Uwanna); then as I grew professionally, some mentors like HRH Serena David Dokubo Spiff, R. A Lawal Rabana, SAN, the late Chief Sir Amaechi Nwaiwu, SAN, Prof. Andrew Chukwuemerie, SAN, Dr. O. J Onyike and Prof. Moses O. E. Iwuala amongst others who have paid close attention to me and believed in my potential. Why did you become a lawyer?

My father was a Lawyer and without saying so, he set out to make me love the profession. During the holidays, he would take me along to his office, to Court etc. and he usually introduced me to the Court when he announced his appearance. I remember once I was with him in Court and the Judge walked in and requested to know what I was doing there, so my father introduced me and the Judge encouraged me be like my father, someday! I loved to go with my father - the major attraction being that he would always buy me biscuits, sweets, fruits etc. So, indeed I will be right to say that I thought the profession was an opportunity to have the things I wanted; that was how I was seduced! What would your advice be to anyone wanting a career in law? I work almost round the clock, weekends, holidays etc. If you are interested in being a good lawyer, get ready for hard work. But, I have also learnt that hard work does not kill, it only makes you stronger. Law is also a ticket to see the world. You will travel very far and wide, if you are ready to work hard. I will not forget to add that it is also very rewarding. If you had not become a lawyer, what would you have chosen? Without a doubt, I would have been an artist. Growing up, I had a very deep flair for drawing. I hope that someday, I will return to my first love. I still find artworks irresistible. Where do you see yourself in ten years? I strongly believe in the Book of Proverbs 19 V 21 that says that “many are the plans in a man's heart but the counsel of the Lord will prevail”. At the recent ESQ Nigerian Legal Awards, I was celebrated as one of the 40 lawyers under 40 who will shape the future of the legal profession in Nigeria. Are they right? Only time will tell. For me, I will keep working hard, dreaming big and praying that God will birth his plans for me at the appropriate time.

14.02.2017

Nnamdi Kanu: A trial in Error Even though Section 232(4)(b) of the Administration of Criminal Justice Act, 2015 provides for the conduct of secret trials in certain instances, Chimezie Elemuo, in this article, cites several reasons why he believes that conducting a secret trial in the case of Nnamdi Kanu the IPOB leader, amongst other things, offends the rules of natural justice and fair hearing

Secret Trial: Violation of the Constitution he Federal High Court has given the prosecution in the Nnamdi Kanu treasonable felony trial the go ahead to shield its witnesses from public glare. Despite the reasons the prosecution may have to call for a secret trial of the IPOB leader, I am of the firm view that this violates the sacred provisions of the constitution and makes a mockery of the time tested principles of natural justice. One may wonder why the court decided to ignore precedent established over the years, even in treasonable felony trials. Before Nnamdi Kanu, some prominent Nigerians had been tried for treasonable felony offences. Persons like the late Anthony Enahoro, Obafemi Awolowo and in recent times, Ralph Uwazurike have all been tried for treasonable felony offences, but none was tried in secret. Their defence lawyers were able to meet the prosecution witnesses eye ball to eye ball. By virtue of section 36(3) and (4) of the constitution, the trial of the defendant in a criminal trial must be in the open. The only exception to this is as stated in subsection 4 (a) and (b) which, to my understanding, the prosecution did not satisfy. Dangers of Hiding Prosecution Witnesses Now think of it, Jesus Christ, the Saviour, who was accused of the worst form of treasonable offence, was tried in the open. His accusers testified against him publicly. The dangers of shielding the prosecution witnesses are legion. What if the witnesses are hired witnesses? What if they don’t have knowledge of the facts that they are testifying about? Their countenance and demeanour can provide answers to these questions. But the court will lose this opportunity by shielding the witnesses. It is true that some judges would say that the countenance and demeanour of the witnesses never sway them, like Lord Patrick Devlin who pointed out in his book ‘ The Judge’(1979) at page 63 that: “... I doubt my own ability... to discern from a witness’s demeanour, or the tone of his voice whether he is telling the truth... for my part I rely on these considerations as little as I can help ...It is the tableau that constitutes the big advantage, the text with illustrations, rather than the demeanour of a particular witness.” This may be true for Lord Devlin, but the truth is that, the defence meeting the prosecution witnesses eye ball to eye ball, would provide an equal opportunity for both the prosecution and the defence. That is what is called fair trial. Shielding the witnesses will create a great disadvantage to defence lawyers during crossexamination. This is so because when you know the witness as Mr. A or B, it will give the defence counsel opportunity to ask some particular questions to shake the credibility of the witnesses. For example, what if these witnesses are long time foes of the defendants or those who have worked with him under IPOB? Here lies the danger of shielding them, because defence lawyers would have lost that great opportunity to question the credibility of their evidence. Witnesses must be Seen and Heard I say this in view of the famous words of the great thinker and legal philosopher Jeremy Bentham that ‘‘witnesses are the eyes and ears of justice.” In other words, witnesses are witnesses of justice, they must be seen and be heard. Cross-examination was not invented for nothing. It is meant to discover the truth and the late justice Niki Tobi said in Egesimba v. Onusuruke (2002) FWLR (PT.128) 1425-1426 that “justice in its total practical content is truth in action and the court has a duty to search for the truth and find it”. The court can infer from the demeanour and mannerism of a witness that he is telling lies. The cross-examiner can raise questions

Nnamdi Kanu

to puncture the evidence of the witness by merely watching his demeanour and mannerism. All this will be missing by shielding the prosecution witnesses. Here lies the injustice and unfair trial.

BEFORE NNAMDI KANU, SOME PROMINENT NIGERIANS HAD BEEN TRIED FOR TREASONABLE FELONY OFFENCES. PERSONS LIKE THE LATE ANTHONY ENAHORO, OBAFEMI AWOLOWO AND IN RECENT TIMES, RALPH UWAZURIKE HAVE ALL BEEN TRIED FOR TREASONABLE FELONY OFFENCES, BUT NONE WAS TRIED IN SECRET. THEIR DEFENCE LAWYERS WERE ABLE TO MEET THE PROSECUTION WITNESSES EYE BALL TO EYE BALL

Secret Trial: Offends Rules of Natural Justice This argument becomes very important when juxtaposed with the degree of evidential burden placed on the prosecution, which is proof beyond every reasonable doubt. To add to this, secret trial offends the rules of natural justice. Again, the prosecution hinged its application for shielding the witnesses on protecting them. Throughout the trial of major Hamza Al-Mustapha, the former Chief Security Officer to the late Head of State, General Sani Abacha, the star witness, Sergeant Rogers was under state protection and he testified publicly against Al-Mustapha. The Federal Government is big enough to provide security for witnesses in the trial of Nnamdi Kanu and others. I believe the prosecution was only trying to make a mountain out of a mole hill. The issue of security for the witnesses was overblown or contrived, in order to ensure the conviction of the defendants. Everybody needs the protection of the state, including Nnamdi Kanu. In the criminal case of Amiwero v. AG Federation (2015) ALL FWLR (Pt.802) 1742 the court held that “ the constitution is not meant to protect the government from the people, but it is to protect the people from the government and its agencies.” In other words, in a trial like this, Nnamdi Kanu needs as much protection of his rights and privileges, as much as the witnesses against him. • Chimezie Elemuo, Legal Practitioner, Port Harcourt, Rivers State

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Will the Death Penalty Deter Kidnappers? Kidnapping has become a major national problem. In response, the Lagos State Governor, Mr Akinwunmi Ambode, recently signed into law the Anti-Kidnapping Bill, which not only imposes life imprisonment for kidnappers, but the death penalty in the case where a victim dies in the course of the kidnap. Governor Ambode said that it had become necessary with the alarming increase in the rate of kidnapping, to take this decisive step, to serve as a deterrent to perpetrators of this heinous crime. The Governor assured Lagosians that any criminal apprehended for committing the crime of kidnapping, would be prosecuted to the fullest extent of the law. It is arguable that being an inmate serving life imprisonment in a Nigerian prison amounts to "a fate worse than death", with the deplorable conditions in the prisons. Those that are against the death penalty being imposed for any crime, have however, denounced the new law. While the Attorney-General of Lagos State has given the reasons for the new Anti-Kidnapping Law, Olawale Fapohunda believes that Government should eschew legislating the death penalty for the sake of it, and focus on a comprehensive review of the criminal justice system in the State. Chino Obiagwu, who is also against the death penalty, says that Government should focus more on the apprehension and punishment of criminals, because the fear of being caught and punished would serve as a better deterrent, and not the death penalty.

Death for Kidnappers, Ambode Got It Wrong - Olawale Fapohunda

agos State Governor, Akinwunmi Ambode hosted a very successful Stakeholders Summit on Administration of Justice from January 30-31, 2017. There was broad consensus among participants, that our criminal justice system is not working in the interest of Nigerians. Indeed, the overwhelming tone was the sobering conclusion that such is the unpredictable and uncertain state of our criminal justice system, that we cannot rely on it to produce results that are fair and just. This was why not a few of us were alarmed when Governor Ambode signed the Lagos State Anti Kidnapping Law with a death penalty provision, taking the easy way out of a problem that requires a robust intervention.

Lagos State Governor, Mr Akinwunmi Ambode

Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem

A Strong Response to the Spate of Kidnapping - Adeniji Kazeem, Attorney-General and Commissioner for Justice, Lagos State

n This Day Lawyer's recent interview with the Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, this is what he had to say on his State's new Anti-Kidnapping Law: The recent AntiKidnapping Law passed by the Lagos State House of Assembly has elicited criticisms from human rights activists, especially with the provision

for the death penalty. Some see capital punishment for kidnapping as extreme. Delta State which made that provision before, later reviewed it to life imprisonment. Why did Lagos consider it necessary to so provide? It is true that there are also strong advocates against the death penalty both locally and internationally. However, the bill was subjected to intense debate by members of the

public and the consensus was that there should be a strong response to the spate of kidnapping for ransom that has afflicted Lagos in recent times. It must however, be noted that death penalty is only imposed where death occurs in the course of the kidnap. It is akin to the concept of felony murder, where a killing is treated as a murder because though unintended, it occurred during the commission or attempted commission of a felony.

"IT MUST HOWEVER, BE NOTED THAT DEATH PENALTY IS ONLY IMPOSED WHERE DEATH OCCURS IN THE COURSE OF THE KIDNAP"

Death Penalty: Not a Deterrent I do understand the need for Lagos State Government to achieve its vision of a peaceful, secure and safe environment, especially for business. However, it seems to me that the solution does not lie in the ‘populist option’ of legalising death penalty even for the grave crime of Kidnapping. The death penalty has not deterred persons from committing armed robbery, why will it therefore deter kidnappers? Kidnapping in Lagos State and indeed across other States of the Federation, is fast becoming the norm largely because the benefits outweigh the costs. An important cost of crime is apprehension and punishment. Would be Kidnapers will refrain from committing the crime if they are certain that they will be caught, efficiently prosecuted and soon after the offence has been committed. The sentence of death is the end result of a successful process of arrest and prosecution. It must be obvious to Governor Ambode that the institutions of criminal justice in the state are struggling to achieve their mandate, thereby making the benefits outweigh the cost of crime. The Judiciary The Lagos State Judiciary faces certain inherent problems, which pose a challenge to effective prosecution of offenders. Some of these challenges include the backlog of pending cases in the Courts. This number is continuously increasing. Archaic systems and procedures including writing in long hand and limited use of IT are still very much part of the justice system in the State. Despite the huge resources spent by the State Government in equipping the Police, including the establishment of the Police Trust Fund, the police are struggling to keep up with offenders in the State. Public perception of corruption, impunity, absence of accountability, incompetence has ensured that Lagosians in general do not see the Police as a friend. To be fair, the deployment of two progressive Police Commissioners to the State

in quick succession, has brought about some hope for efficient policing in the state. Prisons In all, it is the situation of prisons in Lagos State more than any other that has shown the limitations of the administration of criminal justice in the State. Lagos State has four prisons Ikoyi, Badagry, Kirikiri Medium and Maximum. Ikoyi prisons has a capacity of 800 beds, today it locks up more than 2, 239 prisoners; over 2000 are remand prisoners. Badagry Prisons has a bed space of 130, it now holds over 268 prisoners. There are 1,700 bed spaces in Kirikiri Medium Prisons it now holds just above 2734 remand persons. The average time spent on remand in these prisons is between 5-12 years. There is at least one example of a person who has spent more than 13 years awaiting trial in Ikoyi prisons. For emphasis, Lagos State has the highest number of awaiting trial persons when compared with all the other 35 States of the Federation and FCT. More than 6,500 persons are awaiting trial in prisons in Lagos State. Of course, the population of Lagos State and the high economic activity must be taken into consideration; however, the inability to process these persons quickly largely indicates limitations across all the criminal justice institutions in the State. The Government of Lagos State should eschew legislating death penalty for the sake of it and focus on a comprehensive review of the criminal justice system in the State. It must be added that given the reality of Federal ownership of the main criminal justice institutions, the solution cannot be Lagos State centric. As a starting point, the Government of Lagos State should take more than a passive interest in Federal Government interventions in economic reforms and interventions in criminal justice administration. The contribution of Lagos State to Nigeria’s socio-economic development places the State in a unique position to provide leadership in finding solutions to the current social and economic tribulations being experienced by majority of Nigerians. A large number of our population is jobless and unable to find work. Many are homeless and indigent. Crime including Kidnapping, has therefore become a tempting and quick way to acquire money. At the Lagos State Administration of Justice Summit, I proposed two broad recommendations for the consideration of the Lagos State Government. Recommendation 1: Governor Akinwunmi Ambode, on behalf of the Government of Lagos State should propose a single agenda item -The State of the Judiciary and the Administration of Justice in Nigeria -for the consideration of the National Council of States. The purpose of this is to enable broad

consensus by Federal Government and 36 State Governments on practical ways of achieving efficiency in the justice sector in Nigeria. Key issues for discussion under this agenda will include: (1) The need for President Muhammad Buhari to present his administrations’ vision, policy statement and action plan for the Justice system in Nigeria. (2) The need to adopt a consensus on funding the judiciary including establishing an independent Judicial Benefits and Compensation Commission appointed by the President in consultation with State Governors, to undertake a comprehensive review of salaries, allowances and benefits of all Judicial Officers in Nigeria including lower court judges. The Commission should be required to submit a report with its recommendations to the National Council of States for deliberation and possible implementation. (3) Direct the Ministry of Interior to develop a National Crime Prevention Strategy, including strategies for implementation and monitoring (4) Implementation of existing recommendations of Presidential Police Reform Committees specifically those relating to the review of the conditions of service of the Nigerian Police, including an audit of the physical state of all police stations and training institutions in Nigeria. (5) Modalities for a national dialogue on the desirability of state police. (6) Proposals for the appointment of a Chief Visitor of Prisons to conduct Prison 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

"I DO UNDERSTAND THE NEED FOR LAGOS STATE GOVERNMENT TO ACHIEVE ITS VISION OF A PEACEFUL, SECURE AND SAFE ENVIRONMENT, ESPECIALLY FOR BUSINESS. HOWEVER, IT SEEMS TO ME THAT THE SOLUTION DOES NOT LIE IN THE ‘POPULIST OPTION’ OF LEGALISING DEATH PENALTY EVEN FOR THE GRAVE CRIME OF KIDNAPPING. THE DEATH PENALTY HAS NOT DETERRED PERSONS FROM COMMITTING ARMED ROBBERY, WHY WILL IT THEREFORE DETER KIDNAPPERS?"

National Council of States (7) Modalities for undertaking an audit of all prison facilities in Nigeria with a view to identifying persons who should not be in prison (8) Modalities for a national dialogue on the desirability of state prisons. (9) Fast track the enactment of the Nigerian Police Service Bill. The new law should be aimed at facilitating public service delivery, human rights, transparency, gender equality, pro-poor policing and enhancement of community policing. Further, the proposed law should emphasise accountability, including vesting the operational control of the police in the hands of the Inspector-General of Police rather than the President. (10)Fact track the enactment of the Nigerian Prisons Service Bill, including affirming the provisions that provide for the proper and efficient administration of prisons, protection of human rights and upholding of international standards. (11) Proposal for the establishment of a National Council on the Administration of Justice (NCAJ) with representation from the three arms of government to provide high-level policymaking, implementation and oversight of interventions in the Justice Sector. Its membership should include representation from the States, State and Non-State Actors from the justice sector. Recommendation 2: The Government of Lagos State should Identify Ikoyi Prisons as a ‘prison of concern’. This is less dramatic than to declare a ‘State of Emergency’. The important objective is to focus the attention of government and non- government institutions at the Federal and State level on the need for urgent intervention. The State government should engage the Federal Government on modalities for removing the prisons from its present location. The state of the prisons and the surrounding prison officers’ accommodation constitutes not only a security risk but also a health and safety concern. The Lagos State Government should consider the appointment of an independent public interest law firm to do the following: (1) Undertake a Legal Audit of all prisons in Lagos State (2) Facilitate a high level meting of Federal and Lagos State institutions to review the outcome of the Legal Audit. (3) Propose practical (immediate, medium and long term) measures to the Federal and Lagos State Government on achieving decongestion of these prisons Itesiwaju ipinle Eko lo je wa l'ogun. Olawale Fapohunda, Managing Partner, Legal Resources Consortium and former Attorney- General, Ekiti State

10/COVER

14.02.2017

Death Penalty is the Most Unfair form of Punishment in Human History - Chino Obiagwu

he new law purporting to make the offence of kidnapping punishable by death, is not what it claims. There is nothing new to the Law except to increase the punishment for kidnapping from 21 years imprisonment as contained in Section 269 of the Criminal Code Law, 2011 to life imprisonment under the new Law. Lagos State: Playing to the Gallery The new Law provides that if in the process of kidnapping a life is lost, the kidnapper is liable to death sentence. That is not new. Murder has always been mandatorily punished by sentence of death under Section 319 of the Criminal Code. In other words, Lagos State government is just playing to the political gallery with this new death penalty. It tried to cosmetically show to the world that it is doing something about the increasing spate of kidnapping in the State, when actually, what it should be doing is to increase the tools and intelligence capabilities of the police, to increase their ability to tackle kidnapping and other organised crimes in the state. Death sentence or any severe punishment does not reduce crime. It is only the high possibility of apprehending the criminals and putting them to trial that will discourage potential criminals. The Innocent may be Wrongfully Executed Death penalty is the most unfair form of punishment in human history. Not only that it nearly always is applied to the poor, weak and uneducated, it has the high tendency of leading to the execution of an innocent person. No criminal justice system is perfect, and Nigeria’s is very uncertain. A study by LEDAP in 2006 of the trend of death penalty appeals to the Court of Appeal and Supreme Court showed that 33% of convictions and death sentences were overturned on appeals, a very high propensity for wrongful execution. Hundreds of death row prisoners convicted by military tribunals especially the Robbery and Firearms Tribunals are still languishing in prisons, many years after the return to constitutional rule. Recently, six of them were executed in Edo State, in July 2013 and in December, 2016 after nearly two decades on death row. They pleaded their innocence into the gallows. The worst crime against God and against the human race, is for the government to wrongfully kill an innocent person. It is an age-long legal wisdom that, it is better that ninety-nine guilty offenders are set free, than that one innocent person is wrongfully punished. Death penalty once carried out, is an irreversible punishment, if eventually the person is found to be innocent. Life imprisonment with or without possibility of parole is a humane alternative, that also serves the social purpose of putting the violent offender away from society. Fear of Apprehension is a Better Deterrent By revisiting its laws on the death penalty in a manner that was more political than legal, the Lagos State Government was only responding to recent upsurge in kidnapping in the State. But severity of punishment, whether death sentence or life imprisonment, does not deter crime. What discourages potential criminals from embarking on crime is the high possibility that they will be apprehended and punished. These two prospects are deeply lacking in the Nigerian criminal justice system. The rate of apprehension of criminals and their trial and punishment are very low. Mostly Poor People Receive Death Penalty With relatively mid-high rate of criminality,

country’s criminal justice system. The panel, chaired by Prof Bamgboye of NIALS stated that a State that cannot give justice should not take life. We have said several times that death penalty is still applied in this country because it affects only the poor and uneducated. If death penalty is introduced to corruption and economic crimes, the political society will quickly work for its abolition.

Nigeria’s criminal justice system only currently holds less than seventy thousand prisoners, both convicted and awaiting trial. With a population of over 170 million people, this is a grossly under-imprisonment data. The meaning is that many offenders are not apprehended, and when they are apprehended, are not processed into the criminal justice system. Usually, only the poor and most vulnerable who cannot afford legal costs associated with pre-trial proceedings including bail, or who cannot pay their way out through the corrupt policing system, end up in prison and in protracted trials. Thus, a poll survey by LEDAP on public perception of the use of the death penalty and crime management in Nigeria, published in 2009, revealed that death penalty applied mainly to low income citizens, and majority of them depended on free legal aid for their legal defence, most times, with limited quality legal services, as a result of a poorly funded legal aid scheme in the country. The criminal justice process is basically dependent on oral testimonies of suspects and witnesses. Thus, most convictions are based on confessional statements, and the use of torture as a policing tool is widely reported in this country. Confessional Statements Are Regularly Obtained by Torture In the 2006 study by LEDAP on death penalty sentences in Nigeria, it was found that 62% of cases of armed robbery in which the offenders were convicted and sentenced to death, were based on confessional statements. This trend gives high apprehension of wrongful conviction, because where trials are delayed for many years as is the case in this country, it is nearly always difficult for the defendant to prove that he was tortured in order to make his confession. At that stage, all evidence or body marks of torture would have healed and disappeared. This is why our law reports show that voir dire or trial within trial by criminal courts to ascertain voluntariness of confessional statements are nearly always only mere formalities. These statements are always admitted. Happily, the Administration of Criminal

Justice Act (ACJA) 2015, as well as earlier provisions in Administration of Criminal Justice Laws of Lagos, Anambra and Ekiti States, provide that confessional statements should be recorded in video or any electronically retrievable device, and tendered in court in proof of the voluntariness of the confession. This innovative law also provides that in the absence of the electronic recording facility, the police should invite a lawyer or any person of choice of the suspect (ACJL Anambra), to attest that the confession was made voluntarily. Despite having these provisions in the Lagos law since 2007 and in Anambra since 2010, the courts have not effectively applied them in order to reject confessional statements that do not comply with their provisions. Hundreds of poor defendants continue to be convicted and sentenced to death, especially for armed robbery on their doubtful confessions. Happily, the Court of Appeal in Lagos has recently come to the rescue. In September 2016, the court held that a confessional statement that does not conform to the law on electronic recording is ‘impotent’ and goes to no issue. See Joseph Zhiya v People of Lagos State (2016) LPELR 24140. Police’s legal duty to comply with this law is now called into operation. There is no longer excuse to bring confessional statements without electronic information of the circumstances of its voluntary taking. Implementing this decision in all criminal courts will reduce forced confession and raise the prospects for fairer criminal trials. Death Penalty and Corruption Death penalty has served no useful purpose in any society. In fact, Nigeria has no reason to retain the death penalty. Not only that the criminal justice system is so defective to guarantee any measure of justice for all death convicts, the Federal Government's panel set up to study the continued use of the death sentence in Nigeria in 2002 recommended that Nigeria should introduce a moratorium on sentencing and executions, while revising its death penalty laws to find alternative punishments because of the defects in the

"THE WORST CRIME AGAINST GOD AND AGAINST THE HUMAN RACE, IS FOR THE GOVERNMENT TO WRONGFULLY KILL AN INNOCENT PERSON. IT IS AN AGE-LONG LEGAL WISDOM THAT, IT IS BETTER THAT NINETY-NINE GUILTY OFFENDERS ARE SET FREE, THAN THAT ONE INNOCENT PERSON IS WRONGFULLY PUNISHED. DEATH PENALTY ONCE CARRIED OUT, IS AN IRREVERSIBLE PUNISHMENT, IF EVENTUALLY THE PERSON IS FOUND TO BE INNOCENT. LIFE IMPRISONMENT WITH OR WITHOUT POSSIBILITY OF PAROLE IS A HUMANE ALTERNATIVE, THAT ALSO SERVES THE SOCIAL PURPOSE OF PUTTING THE VIOLENT OFFENDER AWAY FROM SOCIETY"

Death Penalty: Alien to African Culture Death penalty is an imported penal punishment, which has been abolished in the English jurisdiction from where it was borrowed. Death sentence is alien to our traditional sense of justice. Pre-colonial Africa’s criminal laws were purely restorative. Mandatory death sentences in most parts of the continent were introduced by received modern laws imposed for reasons of political dominance. Traditionally, such heinous crimes as premeditated murder were punished by a range of remedial but restorative and reparative sanctions, which met the society’s need to cleanse the land, re-connect the broken communities, retribute the victims for the painful loss, and inflict the inevitable penance on the offender. But we did not kill offenders, no matter how heinous the crime. Death Penalty Serves No Purpose Africans did achieve these three objectives, thereby maintaining social harmony with little pain. Unhappily, the new world’s notion of justice appears to be driven by vengeance and economy. Vengeance is never justice, has never been. It exacerbates the human psyche for material fulfilment, leaving unresolved the deep desires for closure for both the victim and the offender and their families. Surely, when a murder or violent crime takes place, the whole world comes crashing down for the victim and their families, never to be the same again. But the killing of the offender will not bring their loved one back. It will simply bring more pain to yet another family. The society as a whole is not healed. The victim and offender's perspective to crime and penalty will logically persuade modern societies to re-visit and re-assess the utility of the use of the death penalty, and perhaps motivate much more deeper and dispassionate considerations of utilitarian alternatives. Restorative Justice as an Alternative? Restorative Justice approach to capital crimes demands that justice professionals examine the notion of justice from the perspective of the real and underlying needs of those involved in the process, or those affected by it. Criminal law has for long avoided this standpoint, relying more on law and legal precepts, than human desires, needs and values. Restorative Justice has been ordinarily applied to non-violent crimes as a safer way of reducing recidivism and reversing early criminal tendencies of young offenders. However, it can very well be applied to capital crimes including murder. Restorative Justice recognises the important need of holding the offender accountable for the crime committed and respect for the right of the victims to pursue justice, but it does not strictly define ‘justice’ for the offender and the victims, but allows their respective needs and values to guide the choice of punishment. Perhaps, such enterprise could revisit African notion of justice, and increase the social desire for healing and restoration as an important part of the criminal justice process. It could indeed be the needed alternative to high criminality of modern African societies. It answers to the danger of the continued use of death penalty in an imperfect criminal justice system. Chino Obiagwu, Legal Practitioner, National Coordinator, Legal Defence Assistance Project

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Special Control Unit Against Money Laundering: Powers and Limitations In this article, Timothy Gbeja discusses the Special Control Unit Against Money Laundering (SCUML) established by the Federal Ministry of Industry, Trade & Investment, to work closely with the Economic and Financial Crimes Commission (EFCC) in the battle against money laundering, focusing on the implications and reach of the exercise of SCUML's powers on business organisations and individual rights

Corruption and Money Laundering t is not news that corruption is a rot embedded deep in the very foundation of Nigeria’s political, social and economic systems. It is largely responsible for the all-round stunted growth of the country; the widespread hunger and poverty ravaging the majority of the citizenry and its proceeds are used to fund terrorism in the country. Over the years, perpetrators of corruption have utilised legitimate businesses to legitimise corruption proceeds, by investing in these businesses and consequently, reaping “legitimate” yields from the businesses. The act of investing the said corruption proceeds into legitimate businesses and making profit therefrom, is the most notorious example of what is known as “money laundering”. There are, however, other sources of laundered funds such as drug trafficking, human trafficking, robbery, fraud, smuggling, tax evasion etc. The enactment of the Money Laundering (Prohibition) Act, 2011 (as amended) (MLPA) which repealed the 2004 Money Laundering Act has therefore been a welcome development in combating the scourge of corruption. In enforcing the MLPA, the Federal Ministry of Commerce and Industry also known as Federal Ministry of Industry Trade & Investment, which is the organisation saddled with the responsibility of monitoring DNFIs, established the Special Control Unit Against Money Laundering (SCUML). SCUML is commissioned to work hand in hand with the Economic and Financial Crimes Commission (EFCC), in the battle against money laundering. Powers of SCUML SCUML has the mandate to monitor, supervise and regulate the activities of all Designated Non-Financial Institutions (DNFIs) in Nigeria in consonance with the country’s Anti Money Laundering and Combating of the Financing of Terrorism (AML/ CFT) regime. Its mandate is statutory and the relevant provisions of the affected laws guiding it in performing its duties are listed and discussed briefly as follows: 1. MoneyLaundering (Prohibition)Act, 2011 (asamended) (MLPA) 2. Federal Ministry of Industry Trade & Investment AML/CFT Regulations for Designated Non-Financial Institutions (DNFIs) 3. Terrorism (Prevention) Amendment Act,2013(TPAA) Brief Analysis of the Relevant Provisions of Law 1. MoneyLaundering (Prohibition) Act, 2011 (as amended)(MLPA) Section 25 of the MLPA provides thus: “Designated Non-Financial Institutions” include dealers in jewellery, cars and luxury goods, chartered accountants, audit firms, tax consultants, clearing and settlement companies, legal practitioners, hotels, casinos, supermarkets, and such other businesses as the Federal Ministry of Industry, Trade and Investment or appropriate regulatory authorities may from time to time designate”. Similarly, Section 5(4) of the MLPA provides thus “the Minister may make regulations for guiding the operations of

Designated Non-Financial Institutions under this section.” The combined effect of the provisions of Section 5(4), and 25 of the MLPA cited above is that the Federal Ministry of Industry, Trade and Investment under the leadership of the Minister is empowered to make regulations guiding the operations of DNFIs in relation to ensuring compliance with the anti-money laundering laws. There is also the power to expand the list of DNFIs already provided in the MLPA. This birthed the Federal Ministry of Industry, Trade & Investment AML/CFT Regulations for DNFIs and the establishment of SCUML. 2. Federal Ministry of Industry Trade & Investment AML/CFT Regulations for Designated Non-Financial Institutions (DNFIs) (AML/CFT Regulations) In Regulation 3.1 of these Regulations, the Minister of Commerce, relying on the powers conferred on him in Section 25 of the MLPA, has provided a more robust list of business sectors to be included as DNFIs. Regulations 2.3, 2.4, 2.5 and 2.6 authorise the regulatory agencies (including SCUML) to make requests for information from DNFIs and it is mandatory that such companies comply with the provisions of the Regulations by cooperating with the regulatory agencies and providing the requested information. So, for example, the law empowers the SCUML to demand to scrutinise or inspect a company’s records in an investigative capacity. 3. Terrorism (Prevention) Amendment Act, 2013 (TPAA) Section 2 (5) (h) of the TPAA provides thus: “Subject to the provisions of this Act, the law enforcement agencies shall have powers to – (h) request or demand for, and obtain from any person, agency or organisation, information, including any report or data that may be relevant to its functions; The above-cited provision of the TPAA authorises law enforcement agencies to demand for information that may be relevant to its functions from any organisation which clearly includes those listed in Regulation 3.1 of the AML/CFT Regulations. This provision makes it mandatory for every DNFI to submit any report or data requested by SCUML which are relevant to its functions under its establishing Act. Limitations to the Powers of SCUML to Demand Information from DNFIs Section 13 (1) (a-c) of the MLPA provides thus: “The Commission, Agency, Central Bank of Nigeria or other regulatory authorities pursuant to an Order of the Federal High Court obtained upon an ex-parte application supported by a sworn declaration made by the Chairman of the Commission or an authorised officer of the Central Bank of Nigeria or other regulatory authorities justifying the request, may in order to identify and locate proceeds, properties, objects or other things related to the commission of an offence under this Act, the Economic and Financial Crimes Commission (Establishment) Act or any other law – a) Place any bank account or any other account comparable to a bank account under surveillance; b) Obtain access to any suspected computer system; c) Obtain communication of any authentic instrument or private contract, together with all

bank, financial and commercial records, when the account, the telephone line or computer system is used by any person suspected of taking part in a transaction involving the proceeds of a financial or other crime.” The implication of the above-cited provision is that the SCUML is not authorised on its own to obtain access to a DNFI’s financial/bank accounts, telephone lines and records, and computer systems, without an Order of the Federal High Court permitting it to do so. In practical terms however, the process of obtaining the Order will be without notice to the subject of the investigation. SCUML and Legal Practitioners Section 5 of the MLPA generally provides that DNFIs involved in cash transactions are to report their activities and full details of their clientele to the Ministry of Industry, Trade & Investment, who in turn forwards the information to SCUML and/or EFCC. In a successful challenge to the said Section 5 of the MLPA however, the Nigerian Bar Association (NBA) filed an Originating Summons dated 13th March, 2013 with Suit No. FHC/ABJ/CS/173/2013 at the Federal High Court, Abuja Judicial Division challenging the applicability of Section 5 of the MLPA to Legal Practitioners; and the inclusion of Legal Practitioners in the definition of Designated Non-Financial

Institutions in Section 25 of the MLPA. The NBA relied heavily on the provision of Section 192 of the Evidence Act 2011 (EA) which forbids and prohibits Legal Practitioners from divulging to any party the secrets or transactions or communications between them and their clients. In the Judgement delivered in December 2014, the presiding Judge, Honourable Justice Gabriel Kolawole, granted an Order perpetually restraining the Federal Government of Nigeria, the Central Bank of Nigeria (CBN) and SCUML, from enforcing the provisions of the MLPA against Legal Practitioners. In giving this Order, the Court held that, the argument of the AttorneyGeneral as to the MLPA 2011 being an exception to privileged communication, has already been covered in the Evidence Act and the Rules of Professional Conduct for Legal professionals. Both legislations excluded communication made to further illegal purpose or information obtained by the Legal Practitioner evidencing a crime or fraud that has been committed during the course of his engagement by the client. The decision of the Court in the NBA’s case referred to above should however, not be construed in the general sense to include Legal Practitioners doing other trades, because in that situation, the Legal Practitioner is obliged to comply fully with the provisions of the MLPA.

"OVER THE YEARS, PERPETRATORS OF CORRUPTION HAVE UTILISED LEGITIMATE BUSINESSES TO LEGITIMISE CORRUPTION PROCEEDS, BY INVESTING IN THESE BUSINESSES AND CONSEQUENTLY, REAPING “LEGITIMATE” YIELDS FROM THE BUSINESSES. THE ACT OF INVESTING THE SAID CORRUPTION PROCEEDS INTO LEGITIMATE BUSINESSES AND MAKING PROFIT THEREFROM, IS THE MOST NOTORIOUS EXAMPLE OF WHAT IS KNOWN AS “MONEY LAUNDERING”"

Conclusion In closing, it is advised that DNFIs, in every manner practicable, cooperate with the agents of SCUML and other regulatory agencies, and submit the requisite documents and reports provided by statute, whether it is requested or not, by the agencies. It is further advised that DNFIs set up AML/CFT Compliance Departments to oversee and execute the AML/CFT Regulations, or consult a Legal Practitioner to offer guidance in this regard. In the current atmosphere, anything short of cooperation with the laws will be met with societal damnation and further engender social tensions. The perceived “infringement” on the privacy of DNFIs is a necessity, if we are to expunge the scourge of corruption and other financial crimes, and to block the money laundering escape route conveniently employed by perpetrators of such crimes. Timothy Gbeja, Legal Practitioner, Consolex Legal Practitioners

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Re: “No, CJN Appointee Need Not be the Most Senior Justice”- Sagay Last week, This Day Lawyer featured "Crossfire" in which several respected members of the legal profession, including Prof. Itse Sagay, shared their views on the appointment of Hon. Justice Walter Samuel Nkannu Onnoghen, Acting CJN, in a substantive capacity. Learned Senior Advocate, Adegboyega Awomolo in this article, responds to some of the issues raised by Prof. Sagay in his article

he contribution of Professor Itse Sagay, SAN the Chairman of the Presidential Advisory Committee against Corruption, with the above title, raised few Constitutional issues which I believe require clarification relevant to the discourse. I give him great respect as my teacher 1974/1977 at the Faculty of Law, University of Ife.

Construing the Constitutional Provisions In construing the provisions of the Constitution, or any Statute, the Court is allowed to bear in mind the history of the legislation. Parliament is presumed to have memory and in this respect, the purposive rule of construction comes in handy. The Supreme Court per Hon. Justice Oputa, JSC (as he then was) in JONAH ONYEBUCHI EZE v FEDERAL REPUBLIC OF NIGERIA (1987) 2SC 237 @ 259 stated the law succinctly thus: “The court is not to be oblivious of the history of Act No. 13 of 1973. Although the Court is not at liberty to construe a Statute by the motives which influenced its enactment, yet, when the reason for the enactment is known, it is the duty of the court to read the Statute or Section of it in such a way as to fairly and accurately carry out that object of the Decree, Act or Statute and not with a view of extending the Section or Statute to something that was not intended”. Sir F Lugard on the Chief Justice On 1st January 1914, the Governor-General (Sir F. Lugard) on the occasion of the declaration of the Constitution of Colony and Protectorate of Nigeria spoke concerning the appointment of the occupier of the office of the Chief Justice of Nigeria in these Words: “It is obvious that there can only be one Chief Justice of the Supreme Court of Nigeria, and for this high office, the Secretary of State has selected Sir Edwin Speed, who has experience in both Northern and Southern Nigeria and has been much longer in Nigeria than his colleague Mr. Willoughby Osborne. It gives me great regret that, by force of circumstances, the country will lose the valuable services and ripe experience of Mr. Willoughby Osborne, and I am aware of the high estimation in which his services are held both here and at home. in saying good-bye to Nigeria he will have the satisfaction of feeling that he has discharged the functions of his high office with distinguished success. To His Honour Chief Justice Sir Edwin Speed I tender my congratulations on his appointment and I am confident that, while he holds this high office, the proud traditions of British, Justice will ever be worthily maintained.” The Independence Constitution The Richards Constitution i.e. the Nigerian Legislative Council order in Council 1946, and its predecessor of 1921, have no specific provisions on the occupier of the office of the Chief Justice. The Nigerian Constitution Order in Council 1960, (The Independence Constitution), Section 105 (1) – (5) makes provision for the appointment of the Chief Justice by the Governor-General, acting in accordance with the advice of the Prime Minister. 1963 Constitution In the Constitution of the Federation 1963, Section 112 (1) – (5) provides for the appointment of the Chief Justice of Nigeria. The Constitution provides that the Chief Justice of Nigeria shall be appointed by the President acting in accordance with the advice of the Prime Minister. The convention and understanding of the President accepting the advice remained till date. 1979 Constitution In the Constitution of the Federal Republic of Nigeria, 1979, Section 211 makes provision that the person to be appointed as the Chief Justice of Nigeria shall be “in the discretion of the President” subject to confirmation of a simple majority of the Senate.

Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

The learned Professor was of the opinion that the President “under normal circumstances, when he received the recommendation of the NJC, should, if he is satisfied with the nomination, pass on the name of the nominee to the Senate for confirmation.” With respect, the learned Professor missed the meaning and the intendment of the makers of the Constitution and indeed overlooked the processes laid down by the Constitution. Today The Constitution provides two institutions for the appointment of the Justice of the Superior Courts including the CJN. These are FJSC & NJC. The Institutional processes for the appointment of a Chief Justice of Nigeria begin from the Federal Judicial Service Commission (FJSC) and terminates with the National Judicial Council (NJC) and recommendation goes to the President. On the Federal Judicial Services Commission, the Constitution provides in Paragraph 12 of the 3rd Schedule provides as follows: “The Federal Judicial Service Commission shall comprise the following members:-

"IN THE LEGAL PROFESSION (BAR & BENCH) ALL OVER THE WORLD, SENIORITY IS VERY IMPORTANT. AND FOR THE OFFICE OF THE CHIEF JUSTICE, IT IS FAR MORE REQUIRED. IF A LAWYER OF 15 YEARS IS BROUGHT TO PRESIDE OVER A BENCH WHERE HIS SENIOR OF 35 OR 40 YEARS ARE, IT WILL CREATE THE MOST UNHEALTHY ENVIRONMENT. THE FOUNDING FATHERS OF THE PROFESSION, KNEW THIS WAS IMPORTANT, HENCE THE ADHERENCE IN THE LAST 60 YEARS TO THE CONVENTION OF SENIORITY"

a) The Chief Justice of Nigeria who is the Chairman b) The President of the Court of Appeal c) The Attorney-General of the Federation d) The Chief Judge of the Federal High Court e) The persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified recommended by the Nigerian Bar Association and f) Two other persons, not being legal practitioners who in the opinion of the President are of unquestionable integrity. The functions of the Commission includes – advice the National Judicial Council in nominating persons for appointment to the office of: i) The Chief Justice of Nigeria ii) A Justice of the Supreme Court” The Judicial Service Commission has the power and duty to screen all the persons presented to it for Federal judicial appointment. It is equipped with resources to assess the health, mental ability, capacity and capability required for the office, the antecedents, integrity, career records and possibly security reports on the candidate. Infact the Commission is the clearing house for suitability and eligibility of all nominees. It is a Commission in which the Chief Law Officer of the Federation, the Honourable Attorney-General and Minister of Justice is a member, an appointee and Chief Adviser of the President. The President has, in the Commission also two other members who are not legal practitioners, who in the assessment, judgement and estimation of the President “men of unquestionable integrity”. When these representatives of the President in the Council, together with others have screened a candidate for any position, and gave him a pass mark, the law requires them to have carried out due diligence on the candidates. The public duty placed on the members of the Council requires them to properly represent the President, by vetting closely the background of the candidates. Having satisfied themselves of the suitability, credibility, ability and competence of the candidates, the law presumes that their recommendation or advice to the NJC, is by virtue of Section 168(1) of the Evidence Act, substantially regular and that all formal requisites for its validity were complied with. The appointor (in this case the President) presumed by law to have delegated his powers and duties to his representatives, and therefore is estopped, without any evidence to the contrary, from challenging the recommendation in which he had taken part. The President from the process shown above, was a part of the process that brought forth the recommendation of Justice Walter Onnoghen, JSC (as he then was). There is irrebuttable presumption that his recommendation has passed through all the due processes. Learned Professor's Speculative Assertion The learned Professor, again, with respect, made a very unverified and at best, speculative assertion when he said concerning the process of elevation of Judicial officers from High Court, Court of Appeal to the Supreme Court. He said: “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 he is elevated to the Supreme Court, so it has been turn by turn syndrome...... so the system is devoid of the merit, achievement and quality of the character of the appointees. Its all automation as you ride on the judicial escalator from high court Judge to the Supreme Court and then the position of the CJN”. This assertion, with respect, is very sad and unfortunate. The learned Professor has never been a Judge or member of the Committee charged with appointing judicial officers. It is uncharitable and unfair to describe appointment to the Supreme Court in the manner the learned Professor has done. In the academic world, a graduate with a good degree is appointed graduate assistant, he rises to lecturer cadre and from there to Associate Professor and finally to the status of

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14.02.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR

Literary Lawyer Putdowns

We Hold Your Brief

JUDE IGBANOI jude.igbanoi@thisdaylive.com

Dear Counsel, Please, your advice would be appreciated on this matter. Last month at Nitel Bus Stop between Oshodi and Mushin, a Danfo bus that was being pursued by a police van knocked down my aunty, and she died a few hours later at the hospital. The police with the help of sympathisers promptly arrested the driver of the bus as he attempted to escape. Last week, the driver was arraigned before the Magistrate Court, and the Chief Magistrate after asking a few questions, ordered that the driver be remanded in police custody. But before the Magistrate adjourned the case and to the surprise of everyone present, the lawyer defending the driver stood up and pleaded that the driver be released on bail and the Magistrate obliged, even without going into the details of the case. Although we saw the police take away the man in the Black Maria, I am not sure he is still in detention. Given this kind of situation, is there any possibility that my late aunty will get justice in this case? Does this not constitute grounds for one to conclude that that there is collusion between the police, the lawyer and the Magistrate? Please, advice. D. E., Ikeja, Lagos

Dear D.E., You did not state in your mail precisely what the driver was charged for. However, it is most likely that he was arraigned for culpable homicide. You have a right to find out from the police prosecutor what offence exactly the driver was charged with. From your mail, if the defence lawyer stood up and made an oral application for bail, he did it in accordance with the law. Section 341(2) of the Criminal Procedure Code provides that an oral application for bail can be made for an accused in the case of homicide. Although in most cases, defence lawyers come to court with written applications, it is permissible to make an oral application for bail, once the accused standing trial can meet the often stringent conditions. It does not in any way mean that the defence lawyer colluded with the police prosecutor and the Magistrate. If you have any other reasonable grounds to suspect foul play in the prosecution of the case, get some advice from a lawyer as to whether to petition the Inspector-General of Police, and copy the Commissioner of Police.

RE: “NO, CJN APPOINTEE NEED NOT BE THE MOST SENIOR JUSTICE”- SAGAY Professor. The progressive rising is the same on the Bench. The late Hon. Justice Chukwudifu Oputa and Saidu Kawu, JJSC, spent many years as Judges and Chief Judges of their States, they were elevated to the Supreme Court and they made their marks. The law reports justify their elevations. Appointment of Professors and Senior Counsel to the Supreme Court On the appointment of Professors or senior counsels directly to the Supreme Court, the learned Professor believes that a Professor who has never been a Judge should by reason of his academic achievement, be appointed to the Supreme Court. There are arguments for and against the proposition. Judgeship requires experience, maturity and right temperament. The Supreme Court is not a learning point for judicial functions. It is not a place for experiment or trials by error. A Justice of the Supreme Court is required to demonstrate learning, experience, maturity and wisdom in his Judgement. Today on the Bench there are not less than ten (10) learned Professors and Phd. Holders, some of whom have

The Penalty for laughing in court is six months in jail; if it were not for this penalty, the jury would never hear the evidence. - H. L. Mencken ••• Lawyers occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened. - Winston Churchill ••• Lorenzo Dow, a 19th century evangelist, was on a pLorenzo Dow, a 19th century evangelist, was on a preaching tour when he came to a small town one cold winter night. At the local general store he saw the town's lawyers gathered around the potbellied stove. Dow told the men about a recent vision in which he had been given a tour of hell, much like the traveler in Dante's Inferno. One of the lawyers asked what he had seen. "Very much what I see here," Dow said. "All of the lawyers gathered in the hottest place." ••• Sometimes a man who deserves to be looked down upon because he is a fool is despised only because he is a lawyer. -- Montesquieu ••• Lawyers are like rhinoceroses: thick skinned, shortsighted, and always ready to charge. - David Mellor (b. 1949), British Conservative politician ••• A fox may steal your hens, Sir, A whore your health and pence, Sir, Your daughter rob your chest, Sir, Your wife may steal your rest, Sir, A thief your goods and plate. But this is all but picking, With rest, pence, chest and chicken; It ever was decreed, Sir, If lawyer's hand is fee'd, Sir, He steals your whole estate. - John Gay (1685-1732), English dramatist. Peachum, in The Beggar's Opera, act 1, sc. 9, Air 11. ••• I would be loath to speak ill of any person who I do not know deserves it, but I am afraid he is an attorney. - Samuel Johnson (1709-84), English author, lexicographer. ••• A Dublin lawyer died in poverty and many barristers of the city subscribed to a fund for his funeral. The Lord Chief Justice of Orbury was asked to donate a shilling. "Only a shilling?" said the Justice, "Only a shilling to bury an attorney? Here's a guinea; go and bury 20 more of them." "How can I ever thank you?" gushed a woman to Clarence Darrow, after he had solved her legal troubles. "My dear woman," Darrow replied, "ever since the Phoenicians invented money there has been only one answer to that.

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risen from the High Court Bench and are in the Court of Appeal and Supreme Court. Their experiences, maturity and deep knowledge of the law reflect in their leading or contributions to Judgement. The advocates of direct entry of private practitioners of at least 15 years at the Bar, to be appointed to the Supreme Court, in my view, are merely, with humility, unrealistic. Things have changed and standards are not the same nowadays. I can understand a Senior Advocate of Nigeria, who has also practiced, arbitration or mediation giving them experience and who has integrity, academically sound and in good health being appointed to the Court of Appeal directly. I can understand, and sincerely appreciate the concern of the learned Professor Itse Sagay, SAN on the quality of Judgements of some Judges or Justices. We need to look at and review the way of recruitment and the Constitutional requirement of Federal Character not “good boy or good girl” as he stated. Importance of Seniority in the Legal Profession In the legal profession (Bar & Bench) all over the world,

seniority is very important. And for the office of the Chief Justice, it is far more required. If a lawyer of 15 years is brought to preside over a Bench where his senior of 35 or 40 years are, it will create the most unhealthy environment. The founding fathers of the profession, knew this was important, hence the adherence in the last 60 years to the convention of seniority. It will do the Bench and generality of Nigerians, good, if those retired Justices who collected bribes and shared it among serving Judicial Officials, are NAMED PUBLICLY TODAY and formal report made to the ICPC or EFCC or the IGP for investigation, prosecution and possible conviction. They must pay the price for the damages they have done to Nigerians and the administration of justice. They must be publicly put to shame. Post script; We congratulate His Excellency the Acting President Professor Yemi Osinbajo, SAN for sending the name of Hon. Justice WSN Onnoghen, JSC to the Senate for confirmation. Asiwaju Adegboyega Awomolo, SAN, FCIArb, FNIALS Life Bencher

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14.02.2017

LEGAL CATALYST EMEKA AZINGE

emeka@emedith.com

Strategic Thinking and the 21st Century Legal Practitioner “No, but as legal practitioners we can be more strategic in the way we conduct our practice”. “What do you mean by that?” was the response that followed. “What does strategy have to do with legal practice?” aving engaged in numerous discussions and facilitated sessions on how legal practitioners can become strategic thinkers, what their skills and habits should be, and how to create a strategic mindset, it is clear that in practice, the topic gets a bit incoherent. This is largely due to reason that the meaning of ‘strategic thinking’ is contextually subjective. As a result of this contextual subjectivity of the term ‘strategic thinking’, It is possible that there are a lot of legal practitioners who probably think they are strategic because they think about how to manoeuvre within the legal system; however, what is important is not whether as legal practitioners we can manoeuvre through the legal system, but how the law helps us gain a competitive position.

Client's Expectation of a Legal Practitioner Consequently, a starting point to coherence is the appreciation that legal strategy is centred on how we can best serve our clients. One of the most damaging things that a legal practitioner can do is to tell a client “no”, and not have another suggestion for what is acceptable to the client's objective; for as legal practitioners, we have a reputation for intuition and judgement. However, in this era of technological advancement, intuition and judgment without data and analytics are insufficient, and these two trends – predictive and prescriptive analytics and strategic focus – necessitates that legal practitioners become strategic thinkers. Therefore, as legal practitioners, there should be an equal focus on how to employ strategic thinking to gain competitive advantage for the client, ourselves as legal practitioners, as well as, exclude competition in a legal way. Accordingly, I would like to suggest a legal practitioner’s definition of strategic thinking that encompasses numerous subjective viewpoints, so much so that I dare call it an objective legal definition of the term ‘strategic thinking’: Definition of Strategic Thinking Strategic thinking involves a holistic appreciation of the legal/litigation/regulatory detail, as well as the business, political and reputational ramifications of a client’s current or potential position; this involves the ability to view cases/briefs and possible outcomes from an array of perspectives. This wider view of strategic thinking, further involves anticipating events and trends, and includes detecting openings that foster the ultimate client-experience. Having stated the preceding definition, I hasten to emphasise my appreciation of the viewpoint that the values of the profession itself, may tend to conflict with strategic thinking; however, now more than ever, legal practitioners who can robustly serve the client's best interests are increasingly becoming the cream of the crop. Moreover, the essence of strategic thinking to legal practice

has been underscored by the Nigerian Institute of Advanced Legal Studies at a roundtable held on 1st March, 2012, under the stewardship of the then Director-General Prof. Epiphany Azinge, SAN OON. The institute highlighted the need for an increased level of strategic thinking among legal practitioners in Nigeria, and observed, amongst others, that ‘strategic challenge’ was one of the major challenges facing legal practice in Nigeria, as legal practitioners lacked proficiency at strategic levels. The roundtable further observed that, the success of a legal practice/partnership is to a large extent, if not totally, dependent on strategic thinking. Fittingly, this paper will now consider the characteristics of strategic thinking legal practitioners. What it means to be a Legal Strategist Becoming a strategic legal practitioner is not the easiest task and remains work in progress for most legal practitioners. Some legal practitioners want to be known as the go-to person for certain kinds of litigation or transactions, while others want to be rainmakers without spending a lot of down-and-dirty time with the client. The legal strategist is somewhere in between, and it is a hard job to aspire to—one has to grow into it and develop it. It has a lot to do with skills and personality, and unfortunately a lot of the necessary traits are antithetical to the training and personality types of many legal practitioners. Here are a few characteristics of legal strategists: 1. Legal strategist have a holistic appreciation of their clients: The prowess of legal strategists is premised on a true understanding of their clients, their business, including how it operates, how it makes money, who its competitors

are, what its key relationships are and what its goals for growth are. This sort of knowledge allows legal practitioners, barristers and solicitors alike, to understand how a transaction, a court proceeding or even a simple contract provision affects the client. Without such understanding, legal practitioners run the danger of doing nothing more than argue about the legal points, simply because that is what we have been taught to do, to be considered as competent legal practitioners. 2. Legal strategists focus not just on resolving ambiguity, but on navigating uncertainty: In the uncertainty surrounding our rapidly changing economy, the strategic thinking legal practitioner must begin by identifying achievable objectives in this era of uncertainty, and plan a course to reach them. Therefore, questions such as the meaning of a statute or the reach of a case feel very different from questions such as in what markets is larger success likely to be found; which areas of legal practice are likely to grow; in what locations should an enterprise expand; or how is technology likely to transform legal practice. It is that ability to navigate these latter questions that increases one’s proficiency as a legal strategist. 3. Legal strategists appreciate the essence of data collection, analysis and dissemination: Legal practitioners have long been familiar with the painstaking work of building a case or negotiating a deal through careful assembly of relevant data. However, strategic thinking legal practitioners must go well beyond case preparation to determine what facts must be gathered to formulate a strategy; hence, as legal practitioners we must

"BECOMING A STRATEGIC LEGAL PRACTITIONER IS NOT THE EASIEST TASK AND REMAINS WORK IN PROGRESS FOR MOST LEGAL PRACTITIONERS. SOME LEGAL PRACTITIONERS WANT TO BE KNOWN AS THE GO-TO PERSON FOR CERTAIN KINDS OF LITIGATION OR TRANSACTIONS, WHILE OTHERS WANT TO BE RAINMAKERS WITHOUT SPENDING A LOT OF DOWNAND-DIRTY TIME WITH THE CLIENT. THE LEGAL STRATEGIST IS SOMEWHERE IN BETWEEN, AND IT IS A HARD JOB TO ASPIRE TO—ONE HAS TO GROW INTO IT AND DEVELOP IT"

develop proficiency in assembling teams to seek out relevant data. Therefore, to think strategically as a legal practitioner is to become increasingly familiar with the tools for assembling and analysing data. Besides, as strategic thinkers, legal practitioners must embrace the need for quantitative assessments even as they retain their well honed flair for qualitative analysis 4. Legal strategists are able to identify potential clients: Strategic thinking legal practitioners proactively engage in the task of identifying potential clients and predicting their needs, in addition to measuring their tactics; and devising metrics to determine whether the clients case is on track. Thus, identifying potential clients goes beyond discerning clients who may require your services; it includes an advance appreciation of a client’s potential legal position and strategic solution to such position. Therefore, to think strategically as a legal practitioner is to possess an ability to identify potential clients akin to a business strategist. 5. Legal strategists are able to conceive and achieve a vision: Being a strategic thinking legal practitioner does not imply that one need be the greatest technician or even the best cross-examiner in the courtroom, but that he or she does have a vision. Having a vision implies devising the course of events regarding a client’s brief/case and following such plan to successful fruition. Increasingly legal practitioners with corporate clients are no longer just asked how to handle a problem or a case, but how to approach a problem in light of the company’s overall business strategy. So, to conceive and achieve a vision, legal practitioners are encouraged to always focus on the big picture. 6. Legal Strategists enable the survival of a law practice/firm: Aside from providing that intangible added value to clients, legal strategists are essential to the survival of a law practice/firm. This is due to reason that they are able to convey the feeling to the client that the value of the lawyer-client relationship goes further than simply filling out forms, listening to the facts of their case, and the paperwork that is being ferried to and from the court. Thus, strategic thinking legal practitioners aid the survival of a law practice/firm via their orientation and analytical capability, which serves to enhance the ultimate client experience. Conclusion In conclusion, it is pertinent to state the contemporary realisation that clients increasingly want legal practitioners to focus more on strategy and less on routine tasks. For decades, legal practitioners have focused mostly on the functional aspects of legal work, though in recent years some have had a growing role in strategy development and innovative approaches to risk management. With the pivot to focusing more on strategy, legal practitioners need to expand their predictive toolkit beyond intuition and judgement. Their value to corporations increases as they integrate strategic thinking in new ways, based on quantitative as well as intuitive and experiential thinking. Therefore, it is asserted that, once we as legal practitioners are able to make this fundamental shift from legal-centric to business-centric, this will without doubt shift perspective and alter the way we as legal practitioners practice law.

14.02.2017

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INSIGHT ABUBAKAR D. SANI

abubakarsani1966@gmail.com

Should ex-Presidents/Governors be Vicariously Liable for their Former Aides?

Introduction

he on-going trials of a number of erstwhile Presidential aides - Ministers, Special Advisers, etc - for various criminal offences has brought to the fore, in my view, the validity of the limited applicability of the concept of vicarious liability in the realm of criminal law. That principle has traditionally found expression mainly in the law of tort and specific statutory offences. I believe that to the extent that no such restriction is recognised by the Constitution, a valid case can be made for its extension to virtually all criminal offences, by virtue of, at the very least, an accused person’s right to fair hearing under Section 36(4) of the 1999 Constitution. I believe that to restrict the principle to the law of tort, to the exclusion of defendants in all but a few statutory criminal offences, would violate the right to equal protection of the law under Article 3(2) of the African Charter on Human & Peoples Rights. What is Vicarious Liability? Vicarious liability is the notion that a person is not personally liable for any wrongful act which he may commit in the course of his employment by another, as that wrongful act is deemed to have been committed by the employer or master. In criminal law, vicarious liability usually manifests where certain acts are forbidden by law under a penalty. However, it does not mean that whenever an Act forbids something, a master is liable if his servant does the act forbidden, as it depends on the construction of the particular statute in each case: MOUSELL BROS. v L.N.W. RLY.CO.(1917) 2 K.B.836 @ 845; Mens Rea In Statutory Offences In Nigeria, Ola & Ola, pg. 95. The Legal Status of the President/ Governors vis-a-vis their Aides under the Constitution Section 5(1)(a) of the 1999 Constitution provides that “The executive powers of the Federation shall be vested in the President and may . . . be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation”. Section 5(2)(a) of the Constitution makes a similar provision in respect of State Governors, vis-à-vis Deputy Governors and Commissioners or officers in the State public service. Sections 147 & 148 of the Constitution gives the President the discretion of appointing Ministers and of assigning to the Vice-President or any Minister “responsibility for any business of the Government of the Federation, including the administration of any department of Government”. Similar provisions are contained in Sections 192 & 193 of the Constitution in respect of State Commissioners and Deputy Governors, respectively. In addition, Sections 151 and 196 of the Constitution empower the President and State Governors, respectively, to appoint Special Advisers; those appointments being at the pleasure of the President and Governors, they cease when the President or Governor, as the case may be, ceases to hold office. This is also the case with the Attorney-General of the Federation and the States: ATT-GEN OF RIVERS STATE v ATT-GEN OF THE FED.(2011) All FWLR pt.579 pg.1023, per Muhammad, JSC.

It is elementary that the right to hire and fire, establishes a master and servant relationship between the employer and the employee. This is clearly the relationship between the President/Governors and Ministers/Commissioners and Special Advisers. Accordingly, the normal legal incidents of that relationship are also applicable. In the context of this paper, this includes the liability of ex-President/ Governors for any criminal offence – not just tort - committed by a former (or serving) Minister or Special Adviser while performing any function assigned to him by the ex- President or a State Governor. However, in law, unless specifically conferred by statute, vicarious liability does not avail as a defence in criminal law. In such cases, the liability of the servant – in this case, an ex-Minister or Special Adviser, is personal. Hence, the on-going trials of former Ministers like Mrs Nenadi Usman, Bashir Yuguda, Musiliu Obanikoro, etc., and former Special Advisers like Sambo Dasuki and others. What is the Juridical Basis for this dichotomy? Why should a defence that is available to one class of defendants, be denied to others? Is justice not supposed to be blind to creed or status? These, in my opinion, are the questions upon which rest the validity of the received wisdom of denying the culpability of an ex-President and ex-State Governor for any criminal malfeasance alleged against their former Ministers or Special Advisers in the course of his/her employment. I believe this

poser is particularly relevant where, as in virtually all the cases presently in the public domain, the alleged misconduct was committed with the implied or tacit, if not express, authorisation of a President and/or State Governor. The Constitution does not specifically provide that serving or former Presidents or Governors cannot be vicariously liable for crimes committed by their serving or former aides: it merely provides that neither the President nor State Governors can be prosecuted while in office. See !Section 308 of the Constitution. To the extent that Ministers/ Commissioners/Special Advisers hold their offices at the pleasure of the President and State Governors as aforesaid, it is only right, in my view, that they should be answerable, while out of office, even if vicariously, for any misconduct alleged against their said erstwhile servants. As previously stated, the concept of vicarious liability has historically been restricted to the law of tort as well as specific statutory crimes. See, for instance, Sections 12 & 19 of the Money Laundering (Prohibition) Act, 2011, as amended, and MANDILAS & KARABERIS v I.G.P. (1958) 3 F.S.C. 20. I believe that the absence of such specific statutory provisions vis-à-vis exPresidents/Governors and their erstwhile aides, does not mean that the former cannot be vicariously liable for any crimes committed by the latter in the course of their official duties. To hold otherwise, in my view, would violate the right to equal

"THE NON-AVAILABILITY OF VICARIOUS LIABILITY AS A DEFENCE IN CRIMINAL LAW IS NOT CONTAINED IN ANY STATUTORY PROVISION, BUT RATHER IN JUDICIAL DECISIONS. THE SUPREME COURT HAS NEVER BEEN CALLED UPON TO CONSTRUE THE VALIDITY OF THAT PRINCIPLE IN THE CONTEXT OF THE RIGHT OF FAIR HEARING OR EQUAL PROTECTION OF THE LAW UNDER SECTION 36(4) OF THE CONSTITUTION AND ARTICLE 3(2) OF THE AFRICAN CHARTER ON HUMAN & PEOPLES RIGHTS, RESPECTIVELY. TO THAT EXTENT, THOSE DECISIONS CAN ARGUABLY BE SAID TO HAVE BEEN GIVEN PER INCURIAM"

protection of the law under Article 3(2) of the African Charter on Human & Peoples Rights. This international treaty has been domesticated in Nigeria vide the African Charter on Human & Peoples Rights (Ratification & Enforcement) Act 1981. The right to equal protection of the laws forbids discrimination between persons whom the law regards as being similarly circumstanced: N.N.P.C v FAWEHINMI (1998) 7 NWLR pt. 559 pg. 598 @ 616. To the extent that justice is blind, all litigants are presumed to be equal; in other words, they are similarly circumstanced. Accordingly, it would violate the right to equal protection of the law to confer the privilege of vicarious liability on a class of litigants, while denying it to others. I believe that this is the situation in respect of all defendants docked for committing either a tort or certain statutory criminal offences in the course of their employment: none of them should suffer a disability or enjoy a privilege to the exclusion of others. Given the supremacy of the African Charter over all laws, except the Constitution, any rule of law which makes such a provision would be invalid and void: I.G.P. v A.N.P.P (2007) 18 NWLR pt. 1066 pg. 457 @ 500C However, an even more compelling reason, in my view, is the fact that the ‘limitation’ violates the right to fair hearing under Section 36(4) of the 1999 Constitution which provides that “where any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time”. Fair hearing is a fundamental right: the Supreme Court has held that, it is safer to err on the side of liberalism when interpreting the fundamental rights provisions of the Constitution: GARBA v UNIVERSITY OF MAIDUGURI (19986) 17 NSCC pg. 245 @ 282 In other words, to deny an accused ex-Minister or Adviser (and indeed those still in office) the defence of superior orders – respondeat superior – vis-à-vis an ex-President/Governor who appointed him or her would, in my view, violate his or her right to fair hearing under the Constitution. This argument is by no means fanciful, because the explicit ban on vicarious liability as a defence is not contained in any statute: even if that was the case, the Supreme Court has unequivocally held that “fair hearing is an entrenched provision of the Constitution which cannot be displaced by any legislation, however unambiguously worded”: L.P.D.C v FAWEHINMI (1985) 2 NWLR pt. 7 pg. 300 @ 370. Conclusion The non-availability of vicarious liability as a defence in criminal law is not contained in any statutory provision, but rather in judicial decisions. The Supreme Court has never been called upon to construe the validity of that principle in the context of the right of fair hearing or equal protection of the law under Section 36(4) of the Constitution and Article 3(2) of the African Charter on Human & Peoples Rights, respectively. To that extent, those decisions can arguably be said to have been given per incuriam. It remains to be seen how the apex court will resolve the issue in any given case. It can safely be said, however, that, even if an ex-President or ex- Governor cannot be exclusively culpable on the ground of vicarious liability, they should, at the very least, be jointly liable with their ex-Ministers/ Commissioners/Special Advisers, for any alleged crimes.

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14.02.2017

The Best Time to Scrap NYSC Joshua Nwachukwu, in this article, discusses the reasons why he believes that the National Youths Service Corps (NYSC) which was established by the Gowon regime in 1973 after the civil war, primarily to foster unity among Nigerians, has outlived its usefulness, if indeed, it was ever useful, and should be abolished

he Buhari led administration right from inception has been claiming to have met an empty treasury. Some months ago, there was a national discourse as to whether or not it was wise to sell some of the National assets and pump back the proceeds to revitalise our economy and ameliorate the harshness of the recession. Just recently, the Presidency disclosed its intention to borrow $29.96 billion over the next three years. According to the breakdown, the Federal Government would be taking 86.3 per cent of total borrowings, out of which 61.2 per cent has been earmarked for infrastructure projects and the remaining 25.1 per cent for social programmes which I dare say includes things like the school feeding programme and NYSC. Waste of Money The government’s claim that there is no money would not be believed until some agencies/schemes which gulp large sums of money are scrapped. One of such agencies is the NYSC. NYSC has outlived its relevance, if indeed it served any serious purpose. From the 2016 budget, the budget for NYSC is N 66,926,818,900 and according to the authorities, it is not sufficient. With all these sums being pumped into this scheme, it is time to consider the relevance or irrelevance of NYSC. The reasons given for the continued support of the existence of NYSC are in my opinion, unconvincing and unmeritorious, and the NYSC is simply not worth the monies spent. Unmeritorious Reasons for NYSC's Continuous Existence: Travel Some persons like the scheme because it enables them to travel to other parts of Nigeria. Mr President seems to be among this group. In a meeting he had with officials of the Federal Ministry of Youth Development in August, 2016, he stated “Whenever I go home to Daura, I look out for Corps members from Lagos, Aba and other parts of the country. “I am always thrilled to learn that except for the NYSC, some of them have never left their states of origin to visit other cities in the country,” It is pertinent to highlight that, the government cannot be reduced to a travel agency, whose duty is to arrange trips for its nationals. With the freedom of movement guaranteed by the constitution, anyone can travel anywhere they want, moreover, what is the government’s interest in ensuring that Nigerians visit other parts of Nigeria. Nigerians that are interested ordinarily travel around Nigeria, be it for weddings, burials, businesses, conferences, education etc all these have been achieved without the government interference. Fostering National Unity Some others support the scheme because they claim that it breeds unity and national integration, indeed this was one of the major reasons for its creation in 1973. There is no evidence that since 1973, NYSC has made Nigerians more united. In fact, the dividing lines are getting wider and wider. The fact that students with high grades are denied admission into

NYSC Members

unity secondary schools and universities, while students with lower grades are given admission because they are from catchment areas, is a great source of division. Moreover, the laudable mission of unity and national integration can be achieved by any means. The elimination of the federal character system would do a lot of good to unite Nigerians, and this can be achieved with no cost obligation. Service to the Nation Some others claim that this one year gives youths the opportunity to serve the nation, one is not unlikely to see statues, bus-stops signs and repainted classrooms all done by past NYSC participants with their names and call up numbers clearly written on them. These aren’t acts of genuine service, as people put an eye towards getting awards. Indeed, we have to define what service is. By working well in any given noble profession, that’s a great service to a nation. Moreover, all those good things done during the youth service, can also be done and indeed, are being done outside of NYSC, so NYSC isn’t indispensable in achieving service to the nation. NYSC Members as Teachers Even in the educational sector, the NYSC is doing more harm than good. It is on record that there are schools both public and private who depend on NYSC to get teachers. What type of school changes

teachers every year? Apart from providing academic training, teachers are expected to know and monitor the growth of students, but this is truncated when the teachers are changed yearly, the child isn’t known and therefore cannot be effectively helped to achieve his/ her potentials. This lack of monitored development cannot be joked with. It is also unprofessional to subject students to be taught by persons with no teaching experience or no plan for an educational career. Indirectly the government is aiding and abetting these institutions of learning to continue in their ineptness. When a school wants to be established, it is pertinent that the founders understand the obligation ahead of them, which involves attracting teachers. Some Negative Consequences of NYSC: Waste of Time Also NYSC is a waste of time and it tends to retard people's personal plans, S.12 of the Act makes the production of NYSC certificate as a pre-condition for employment. Sometimes graduates have to wait a year before they are called by NYSC. Within this one year, the graduate is left redundant, because some organisations would not be ready to employ or when they employ they pay little under the guise that the graduate isn’t ripe for employment. Those intending to do postgraduate degrees in Nigeria

"THERE IS NO EVIDENCE THAT SINCE 1973, NYSC HAS MADE NIGERIANS MORE UNITED. IN FACT, THE DIVIDING LINES ARE GETTING WIDER AND WIDER. THE FACT THAT STUDENTS WITH HIGH GRADES ARE DENIED ADMISSION INTO UNITY SECONDARY SCHOOLS AND UNIVERSITIES, WHILE STUDENTS WITH LOWER GRADES ARE GIVEN ADMISSION BECAUSE THEY ARE FROM CATCHMENT AREAS, IS A GREAT SOURCE OF DIVISION. MOREOVER, THE LAUDABLE MISSION OF UNITY AND NATIONAL INTEGRATION CAN BE ACHIEVED BY ANY MEANS. THE ELIMINATION OF THE FEDERAL CHARACTER SYSTEM WOULD DO A LOT OF GOOD TO UNITE NIGERIANS, AND THIS CAN BE ACHIEVED WITH NO COST OBLIGATION"

are handicapped as NYSC certificate is a pre- condition for postgraduate studies in Nigeria. It was in the news last month that the (NYSC) Directorate Headquarters, Abuja, has slashed the number of prospective Corp members for the next phase of mobilisation, due to lack of funds; that means many persons would spend more time at home through no fault of theirs. Waste of Money, Breeds Corruption It is also a waste of money, both on the part of the government both federal and state, and on the part of the participants and it breeds corruption. Many persons do not want to serve in some states and to get their desired states, some pay up to 60,000 to NYSC Officials. Many others “ghost” it, that is, they don’t serve at all. NYSC has Expired, Throw it Away The President may not want to offend the Gowon Administration, who is the brain behind NSYC. But we have to face reality. Many countries around the world have scrapped their military or community service, few made theirs it optional. Moreover, I would not be wrong to compare NYSC to other initiatives like Operation feed the Nation, War against indiscipline (WAI) .These schemes aren’t meant to last forever, they are short spanned, after that they expire. NYSC has expired and what do we do to expired drugs, we throw them away. Legally speaking, repealing the National Youth Service Corps Act may be difficult for the legislative and the executive, because it cannot be amended by the normal legislative process. Sequel to the 313(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (1999 Constitution) just like the Land Use Act, they have a special procedure for amendment which is provided for in S.9(2) of the 1999 Constitution. If there isn’t political will to repeal it, another option can be to starve it of funds and this will invariably lead to its death. In conclusion, I enjoin all relevant bodies to consider the current relevance NYSC in Nigeria. Joshua Nwachukwu, Legal Practitioner, Lagos

T H I S D AY • UE

AY, FEBRUARY

E ER Y IGWE: FG SHOULD LIBERALISE THE DOWNSTREAM SECTOR

DPR is obligated to enforce, you can see that nobody wants to touch the foreign exchange provided by the IOCs because the price of crude internationally has gone up. So, it is a very big challenge. The only way out of it is that we are calling on the federal government to liberalise the downstream sector so that the price will be controlled by the forces of demand and supply. That way, there will be steady availability of product in the market. Or government should come by way of subsidy and give us foreign exchange at subsidised rate because today if we are going to import product and sell at official ex-depot price, government should sell dollars to us at N240 per dollar if they expect us to import products and sell at official ex-depot price. So, the N305 per dollar that the IOCs are giving dollars to us is no longer working. So, government should look into it because the NNPC does not have the capacity to supply all the daily needs of Nigerians all the time. Having said these, I want to use this opportunity to thank the Minister of Petroleum Resources and the NNPC led by the Group Managing Director for sustaining the supply of product. But we need to look at the future. What NNPC is doing today is not sustainable. They have to bring all the stakeholders together – the marketers to also import and import very regularly because if we miss it and we go into scarcity again, it might lead us to another problem. So, the government should look into it and provide special foreign exchange at special price for marketers. That is the way forward. So, you are in support of calls by other marketers for the upward review of the N145 pump price because it is no longer sustainable? It is no longer sustainable- it is no longer feasible because we land it at even more than N145 per litre. If you are unlucky and you accumulate demurrage, you might land it at N148. That is why no marketer is importing now. We are dependent on product imported by the NNPC, which I said is not sustainable. You should free the market – liberalise the market or come by way of subsidy – subsidise in Naira or subsidise the dollar. These are two ways that we can guarantee steady supply of product. Marketers have gotten their hands burnt many times. When they go and take money from the NNPC or an International Oil Company to import and they land the product at a high rate and DPR will come and force them to sell at official ex-depot price and the marketer will get his hands burnt. No marketer wants to continue because you go into business to make profit. Yes, once there is no profit, you don’t want to do the business again.

go into our Foundation- the book launch is not for profit-making. We will reinvest it into our Foundation and use it to touch lives, which is one of the things we have been doing because we are alive to our social responsibility. It is part of the contribution. I took time to put the book together and I believe it will enlighten upcoming entrepreneurs.

Igwe You attributed your success largely to God’s grace. What motivated you to embark on book launch? What motivated me to embark on book launch is that I have been doing a lot of social or charity projects. I have been doing a lot of charity projects in recent past because it is only in Nigeria that businessmen make money and put 100 per cent of the money into their pockets. So, there is something called social responsibility, which means giving back to the society what the society had given you. I am very much alive to my social responsibility and so part of the social responsibility, among other things we are doing, is to educate the young Nigerians. That is why the book – A life Transformed by Grace, was written to enlighten the upcoming entrepreneurs that integrity – honesty pays because these are our secrets. We have built trust among our partners. We have built trust with our banks that whatever we need today we will have access to it. Sometimes, even when we don’t make money, we still fulfill our promises. That is why anytime we knock at their door, they open the door for us. That is the easiest way to grow – build integrity. Today, people feel that the words ‘integrity and honesty’ are meant for people they say are not smart. I tell my children that if you are honest and sincere in a world where integrity and honesty are scarce, you will become an essential commodity. Foreign partners are still looking for local partners to do business with and it takes integrity and honesty and diligence to prosper. I decided to write that book to give to upcoming entrepreneurs. Whatever we realise from the book launch will

There are challenges in doing business in Nigeria. What have been your major challenges all these 25 years? Yes, in the last 25 years, there were a lot of challenges. There is the challenge of trust. Trust is one of the challenges. During our time, we believe in keeping our family reputation but the upcoming ones don’t believe in that anymore. Even the society is not helping matters. Chieftaincy titles and even recognition are now based on wealth and no longer on track record of integrity. So, the change in value system is our major challenge. I think we need to go back to our value system. It is one of our challenges. Another challenge is insecurity. You can go into some other businesses in other parts of the country but you have to think of security first. Just because the federal government wants to shut down Abuja Airport, and directed the airlines to use Kaduna airport, Lufthansa said that they would not land in Kaduna. Even among Nigerians, many people are afraid of going to Abuja through Kaduna. That is because of insecurity. So, security is very important. Government should do something to restore security and order in Nigeria. Every foreign investor who wants to go into any country to do business will ask about the security situation first. It is very important. The next thing is infrastructure. We are just doing our logistics business as a necessity because infrastructural decay is a major problem. When you load a new truck, it will go and tumble as a result of dilapidated roads and you start all over again. We need to fix our infrastructure. When you travel to other countries, you can travel by road for more than 100 kilometres and all the roads are tarred and safe. We should think along that line. We should improve the quality of our infrastructure. Of course, there are other incentives – government should begin to give some incentives to entrepreneurs in the area of cheap loans. I think interest rate in Nigeria is about the highest in the whole world. These things are discouraging investors. We must look into all these things because for me, one of the easiest ways to fight crime is not by the large number of arms and ammunitions available but by finding out those things that encourage people to go into crime. When people cannot solve their basic economic needs, it leads to crime. So, we should begin to put in place those

infrastructures and other elements that enhance business. When you don’t have those things, you face challenges. At 47, you are still part of the young generation but what advice do you have for the younger ones? What I want to tell the younger ones is that they should be diligent and hard working. Hard working does not kill. They should be diligent and honest. Integrity is key in business. They should build trust among their business partners and colleagues. Without trust, you cannot go anywhere. I want to let them know that without building trust, you cannot go anywhere. One of the things that helped us all these years is that we built trust – we know the importance of building trust. When we were importing product, we found out that we were importing more than our capital base because we built trust. That enhanced our growth. The younger ones should build trust and also be hard working. These two things will take them to positions they never dreamt of. Without trust, nobody will like to do anything with you. Somebody can go and make money through dubious means but at the end of the day, that money will not bring more income because nobody will like to deal with him because his name is synonymous with fraud. I am bold to say that Mainland Oil was not involved in subsidy fraud. We refused to get involved and yet, we are still doing very well. So, honesty pays. My advice to my generation and the younger generation is that hard work and honesty pay. We should insist on working hard in everything we do and being honest to everybody around us. Where are you taking these businesses to in the next five years? Yes, we have our short term and long term plans. First and foremost, we want to consolidate on all these subsidiaries to make sure that all of them are very efficient and viable. We want to consolidate on all of them. It is very important to us. In the next five years, we hope to consolidate on all of them. After the consolidation, we now begin to hand over each of the companies to a managing director. We want to make sure that all the subsidiaries are managed by managing directors. In the next 13 years, I will be 60 years and I don’t expect to manage my company again. I will not be the Chief Executive Officer of any of my companies. I will retire from active business and become the Chairman and may be, go back to my farm in the village and come back to my business to give a helping hand whenever there is a need. If there is no need, I stay back in my farm and enjoy my life.

BeninDisco’s200TraineestoBoostCustomer Brandzone to Host Brand Spark Workshop Experience about a marginal reduction Brandzone Consulting LLC content marketing. Ejiofor Alike The Benin Electricity Distribution Plc (BEDC) has consolidated the milestone it recorded in 2015 as it turned out over 200 graduate trainees and technicians under the second set of its graduate trainee programme (GTP) scheme and first set of Technician Trainee Programme (TTP) designed to help the company to provide better services to customers. At a recent ceremony held at Benin, which was attended by Edo State Governor, Godwin Obaseki, the Managing Director and Chief Executive Officer of the company, Mrs. Funke Osibodu highlighted several milestones achieved by the company to improve customer service delivery experience across franchise areas of Edo, Delta, Ondo and Ekiti States. ‘”We have implemented series of network improvement initiatives and resolved the backlog of metering requests at takeover having installed close to 150,000 meters”, she said, adding that

BEDC has added new injection substations to provide relief to overloaded network, resolved a lot of customer complaints and provided several distribution transformers, and also constructed dedicated distribution lines for high end customers. In addition, several customers of BEDC now enjoy better power supply with time and period of availability well known and predictable,” Osibodu explained. She said BEDC was the first distribution company (Disco) to demonstrate unalloyed commitment to using young trainees to change the power sector and take the company into new realms of power distribution. According to her, the trainees are knowledgeable and fit to lead the revolution expected in the fulfilment of the core objectives of the power sector privatisation, adding that the programme was the end result of a fruitful partnership between Vigeo Power Academy-core investor in BEDC and Elizade University, Ilara-Mokin, Akure, Ondo state.

She explained that the objective of the academy was to train and groom existing and newly- recruited young engineers, computer scientists, and other analytical graduates as well as non-graduate technicians for BEDC on the knowledge and best technical and practices for meeting and exceeding the expectations of the customers in the power industry. In his goodwill message, Edo State Governor, Godwin Obaseki enlisted BEDC for the training of 2000 technicians within the next four years to complement the state government’s creation of 2,000 jobs. “We like what you (BEDC) are doing. We will like you to consider expanding the programme by collaborating with the Benin Technical College (BTC),”Governor Obaseki stated, adding that the state government will provide the facilities for the training over the next four years of a minimum of over 2,000 technicians, saying that the details shall be worked out,” he said.

is set to host a Brand Spark Workshop, an innovative, practical and hands-on SME DIY Branding Workshop. The theme for the Brandzone Brand Spark Workshop, scheduled for Friday, February 24th in Victoria Island, Lagos, is “Branding For Growth”. It is a gathering designed to enable Small and Medium Enterprises (SMEs) and Not-For-Profit organisations gain knowledge in the areas of branding, brand management and social media/ content marketing. The programme would provide the SME owners and visioners practical tool kit and guide for understanding branding with tips for growing their businesses leveraging branding. Participants shall learn to create their own brand stories and develop excellent communication messages that resonate with their target market. In addition, they shall learn to grow their client base and businesses with cutting edge brand strategy. They would also learn to share their brand story by optimizing social media and

The participants profile for the Brand Spark workshop is a mix of Small and Medium Enterprises owners and Managers. They include CEOs, Brand Managers and Marketing and Communications professionals from diverse sectors such as Mortgage and Microfinance banks, Agriculture, Technology innovators, Social entrepreneurs Health and Nutrition, Beauty and Lifestyle, Not-For-Profit Managers and Consulting. They will gather to gain experiences and practical knowledge with deep insights about creating and managing their brands for increased bottom line growth. According to Chizor Malize, Managing Partner Brandzone and an award winning Branding Expert “As the nation grapples with the impact of dwindling oil fortunes, devalued currency and weakened economy, there is no better time to become more creative with brands and branding for quality, competitiveness and growth”. In her opinion, “the decline in disposable income of consumers has brought

in the propensity to consume imported goods and in a wobbling economy such as this consumers are beginning to look inwards for alternatives”. Going further, “since consumers remain discerning and selective in their consumption habits the SME businesses must seek to project quality and differentiation for competitiveness and growth. This is where Branding comes in. Through branding, we seek to helping the SMEs to discover their inherent potentials, guide them in developing opportunities for brand positioning, design their differentiation path and building cutting edge brand strategies that keep them ahead of their competition” Malize enthused. Speaking further, “the strategies for branding and marketing is totally different for this segment of the market (SMEs) giving their peculiarity, the stage of their operations and the current economic climate that consistently puts pressure on their operation.

T H I S D AY TUESDAY FEBRUARY 14, 2017

Asset Management

Introducing the new United Capital Nigerian Eurobond (USD) Fund

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T H I S D AY TUESDAY FEBRUARY 14, 2017

T H I S D AY • TUESDAY, FEBRUARY 14, 2017

PROPERTY & ENVIRONMENT Imperial International Business City to Cost about $300m The promoters of Imperial City, a new work and live-in community, evolving on the shores of the Lagos Lagoon, are certain that investors will reap a 100 per cent returns on their investment. The city, conceived as sustainable and green, is being built at a cost of about $300 million. Bennett Oghifo reports

he first earthworks have started at the evolving Imperial International Business City on the shorelines of the Lagos Lagoon and the city’s development will last for five years. Dredging and shoreline protection works have started at the prime city that is being built on 200 hectares of land. The city’s development is being promoted through a joint venture arrangement between HRM, Oba Saheed Ademola Elegushi and Channeldrill Resources Ltd. At the end of the day, the cost of developing the city will come close to $300 million, said the Managing Director of Channeldrill Resources Ltd, Mr. Femi Akioye, at the presentation of the city project to the media in Victoria Island, Lagos, recently. Imperial International Business City is situated in the neighbourhood of Lekki Phase I. There are three access roads to IIBC presently; Freedom road through Lekki Phase 1 (Lekki Third Roundabout); Kunsenla Road by 4th Roundabout of Lekki Epe high way; and Oba Saheed Ademola Elegushi Road by spare supermarket before Jakande. Another access road to be constructed will be through Femi Okunu by Jakande roundabout in the future. The city is split into zones. The low density residential area has different plot sizes: 650sqms, 800sqms and 1000sqms; but commercial and mix-use zones have larger plot sizes. The low density residential plots were

sold at N75,000 per square metres, Akioye said. “Right now, we do not have any left. But in March and April we may open some areas.” The residential zone has low, medium and high density areas and all facilities are planned with an eye for the future, Akioye said. “The kind of infrastructure we are putting there will last for 40 to 50 years; underground drainage, waterways. The will use the best technology to make the city flood-free. We are actually dredging at 2 metres to 2.5 metres above sea level. So, we are not going to have flooding problem. We are going to have shoreline protection. The roads are going to be built to suitable for sport cars. It is conceived as the first self-sustaining eco-friendly smart business city that will be built in Africa.” He said the reason they are building water ways was because “the city is on the Lagoon and we are building smart and for the future. Waterway transportation is going to open up Lagos State and we are working very closely with the government on this such that within the city you can take your boat through the waterway and join the Lagoon. We are going to have sewage treatment and management plant.” There will be central supply of gas for cooking and this would be piped to individual homes. Also, electricity in the city would be gas-powered and would be complemented by solar-powered electricity. He said the city’s develop-

Director, Marine Projects, Royal Haskoning DHV, Mr. Ronald Stive; Associate Director, Marine Dept, Royal Haskoning DHV, Mr. Geert Hendriks; Managing Director of Channeldrill Resources Ltd, Mr. Femi Akioye; representative of the Elegushi Royal family, Mr. Benson Evboren; Group Chief Executive Officer, Kedari Capital Limited, Mrs. Ife Fashola; and General Manager, Dredging International Services Nigeria Limited, part of DEME Group, Mr. Stefaan Van Velthoven, at the presentation of the project to the media in Victoria Island, Lagos… recently

ment officially began in August last year and that the promoters are hinging the success of the project on the position of Lagos as the commercial hub of Nigeria and West Africa and on the increasing investments on the Lekki-Epe axis of the state. The Elegushi Royal family, he said have “permission from the Lagos State Government to extend their Kingdom to the Lagoon waterfront by 200 hectares. “We have started building but it is going to take until 2031. The advantage that we have is that we are building a city from the scratch and this

gives us an opportunity to build for the future. To do this, you have to build smart, you have to build green to keep people healthy,” he said. There would be central security in the city and a big shopping mall, and the first 6-Star hotel in Africa, which would be built by foreign investors. The city will have roads with walk and bicycle way; waterways and lakes within the city; underground drainage; sewage treatment; water and water treatment plant; independent gas fired electricity and cooking gas piped to every house; fibre

optics cable; cloud enabled Communication network and smart city/house infrastructure for willing subscribers; Mini marina and water park; Mini Gulf course; Perimeter Fencing; First Smart Shopping Mall in Africa; cloud-enabled 24 hours spy-eyed security connected to a central security center; Private Data center; and world class hospital & recovery resort within a dedicated Healthcare Zone. The project Consultants and contractors are: Dredging Company- Dredging International Limited- Belgium; Marine engineer and reclamation consultants- Royal HaskoningDHV-

Netherlands; Infrastructure engineering consultants – Mott Macdonald- United Kingdom; and Master and town PlannerGensler associates – United Kingdom. At the presentation last week were, a representative of the Elegushi Royal family, Mr. Benson Evboren; the contractors, Mr. Ronald Stive, Director, Marine Projects, Royal Haskoning DHV; Mr. Geert Hendriks, Associate Director, Marine Dept, Royal Haskoning DHV; Group Chief Executive Officer, Kedari Capital Limited, Mrs. Ife Fashola; and Mr. Stefaan Van Velthoven of DEME.

1004ResidentsRemoveCommitteeforServing Fine and Country to Hold Real Estate Leaders’ Brown Water, Declining Infrastructure Network 2017 Bennett Oghifo Most home owners and residents of 1004 Estate in Victoria Island, Lagos have expressed grave concern at the gradual decline in the state of infrastructure there, since some residents forcefully stopped the facilities manager, 1004 Estate Ltd., from administering it. Some residents said for about six months now, after some members of the House Owners and Residents Association (HORA) set up a management committee to manage facilities in the estate, the quality of service in the estate has declined. Recently, house owners and residents of the estate, who tagged themselves ‘Concerned Residents of 1004’, removed the executive members of House Owners and Residents Association (HORA), a committee charged with the maintenance of the facilities in the estate. The committee, they said was removed because of the poor state of infrastructure in the estate and that besides, they

had over-stayed their tenure, which expired on January 30, this year. The committee was also indicted for arbitrary increase in electricity tariff without consultation; lack of transparency and accountability; very bad water supply; and provision of unbefitting children’s playground in the estate. The concerned residents also called the removal of a power supply company, IG4 Power Limited, which allegedly belongs to a resident of the estate, for what they called exorbitant charges of N100 per kilowatt. The concerned residents also called for dissolution of the Estate Board of Trustees (BOT), and on the members of the board to immediately vacate office. The residents have inaugurated an eight-man caretaker committee, which would be in office for 60 days.Prior to the appointment of HORA and 1G4 Power Limited, the facility was being managed by 1004 Estate Limited. But following a Lagos High court injunction delivered in

January 2016 returning the management of the Estate to 1004 estates ltd., the disobedience by HORA of the Court order culminated in the Estate’s electricity supply being poorly managed by IG4 Power Limited. The vast Majority of the residents agreed that the estate was better managed under 1004 Estate Ltd, before they were forcefully prevented from managing the facilities. One of the frontline residents, Engineer Tony Ogunkoya, who demanded accountability in all processes in the estate, said he was disappointed at the turn of events, particularly with the management committee, and that this led to the dissolution of that committee. According to Ogunkoya, “The question is that of accountability. They told us lies and we had to remove them. We have inaugurated a caretaker committee, which will be in office for 60 days. In about 60 days from now, we will hold elections to put in place another management committee.”

Every year brings its share of events and its peculiar challenges which might take the unprepared by surprise. Experts predicted Nigeria’s 2016 recession and its impact on the succeeding year. The past year was, arguably, Nigeria’s most challenging in recent times. It, therefore, behoves the financially savvy to deliberately prepare for economic trends that will largely impact various sectors in general and, the real estate sector in particular. The real estate sector is of paramount significance as it is, perhaps, the safest store of wealth. In light of this, Fine and Country West Africa, a global real estate brand, specialising in providing premium real estate service through exceptional marketing and professionalism in the upper quartile of the market, is holding its Annual Real Estate Leadership Network breakfast Gold session at the Radisson Blu Anchorage Hotel, on the 22nd of February, 2017. The theme of the breakfast

session is Economic and Real Estate Outlook 2017. Industry leaders, high net-worth individuals, investors, developers and industry experts will be discussing the economy with a view to providing a road-map for optimising strategic real estate opportunities in 2017. Key discussion will be; Review and overview of the economy from 2016 to date; Pricing review and projections; and Strategic investment opportunities in challenging times. Professor Pat. Utomi, the Keynote Speaker, will proffer expert insight on the economy and how it impacts the real estate sector. Whilst Mrs. Udo Okonjo, CEO Fine and Country West Africa and host speaker, will be offering an operator’s perspective on strategic real estate opportunities in 2017. Fine and Country’s presentation will focus on the real estate overview for the year, a diagnosis of market opportunities, strategic profiling of purchasers, pricing point metrics, market-driven product

types, emerging choice locations, financing strategy for developers and preferred payment plans. The breakfast session is designed for developers, investors, high net-worth individuals, private wealth managers, asset management top executives and real estate investors’ trust. Fine and Country West Africa started operations in Nigeria in 2008, and has since become the pacesetting leader in the premium real estate market, with a plethora of awards to its credit. The organisation has partnered with banks like Zenith, Access, First and Diamond, to deliver on mandates. With a vision to be a worldclass real estate firm and a market leader in each of the international destinations in which it operates, by providing unsurpassed quality service, innovative products and unique investment opportunities, Fine and Country West Africa offers a unique blend of intelligent and creative marketing to market properties on a local, regional, National and International level.

T H I S D AY • TUESDAY, FEBRUARY 14, 2017

PROPERTY & ENVIRONMENT

Nigerite’s KalsiClad Improves Building Solutions The choice of materials for cladding of buildings, partitioning, flooring and ceiling of existing buildings in particular has narrowed with the introduction of the Kalsi range of products by Nigerite, an indigenous building materials manufacturer. Bennett Oghifo reports

A building renovated with KalsiClad

The search by Architects and other specifiers for cladding, partitioning and flooring solutions for existing buildings got answers with the launch, last week, of KalsiClad by Nigerite Limited, a foremost building solutions manufacturer. The new product known as KalsiClad is a board specifically designed for external wall cladding. Its light weight and versatility are the best features for new or renovation projects which demand design flexibility, and modern, contemporary solutions. KalsiClad® can be finished with expressed or flushed joints and can be coated with an exterior acrylic or texture coating for monolithic render. Its benefits are; Resistant to the attack of termites, insects and most other vermin; moist, mould and water resistant; wide variety of thickness and applications; impact resistant; dimensionally stable and easy to work and install. It can be used for surface finishes, edge finishes. It 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. 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. KalsiPlank... KalsiPlank® is a fibre cement weatherboard designed for residential cladding. Easy to cut, nail and drill, KalsiPlank® is a simple, pragmatic solution to most of the problems associated with timber. It is resistant to fire and termite attack. When correctly installed and maintained, KalsiPlank® does not warp or rot. KalsiPlank® is available in natural grey fibre cement colouration. Alternatively, attractive exterior acrylic coatings

can be applied under factory conditions. KalsiPlank® is also available in two attractive surfaces, smooth and wood grain. “Our products are an excellent solution for residential and commercial claddings. Proven in different latitudes and continents, Eternit fibre cement panels and weatherboards are reliable, durable and easy to install. A wide variety of finishes, colours and textures can be achieved with our wide offer.” The product includes, Suspended Ceiling; Timber Frame Ceiling and Suspended T-Grid Ceiling. KalsiFloor... KalsiFloor® is a strong fibre cement panel suitable for internal flooring applications. can be directly finished (with carpet or vinyl tiles) in residential projects or offices, or with reinforced mortar screed in industrial and heavy duty applications. KalsiFloor® is a superb alternative to concrete slabs because it is an incredible lightweight solution. KalsiFloor® is fast and clean to install. Benefits include, Resistant to the attack of

termites, insects and most other vermin; Moist, mould and water resistant; Wide variety of thickness and applications; Impact resistant; Dimensionally stable; Easy to work and install. 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 Frank Le Bris, 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.” Kalsi is the brand name for our fibre cement products. Our technology, transferred from our parent company Etex, has been tested in many countries, latitudes and applications, demonstrating its excellent performance and durability. Robust, cost effective and reliable, Kalsi is a great alternative for smart builders and homeowners willing to trust their projects to one of the largest fibre cement manufacturers in the world. Eternit, is a part of Etex, a Belgian industrial group that manufactures and markets high quality building materials and systems. Head quartered in Kuala Lumpur, Malaysia, Eternit ensures that our products perform at all levels of expectation. In doing

so, specialized knowledge is effectively transferred to our network companies, and the Asia Pacific Market. According to officials of the company, “Our raw materials, obtained from renewable sources, ensure low carbon foot print. Cellulose is obtained from sustainable forest. Cement and aggregates from local quarries. Our low energy production processes are clean and simple. All production waste is recycled. “Our products are light, strong and durable. They are as easy to work as wood, but they solve all the problems associated to timber. Resistant to water, mold growth and impact, our fibre cement products are the best alternative for builders and home owners ready to explore creative building solutions and improve their way of living. “Though, resistant and durable, our products are the perfect replacement for wooden products, concrete and masonry construction.” Eternit, they stated, believes in a better future for all. “We aim to assist our world conserve its natural forest resources by providing strong, reliable and durable wood substitutes.”

T H I S D AY • UE

AY,FEBRUARY

, 2017

BUSINESS/MONEYGUIDE

Nigeria’s January Inflation Seen to Remain Flat Obinna Chima The Financial Derivatives Company Limited (FDC) has estimated a relatively flat movement in the January headline inflation rate to 18.6 per cent, from 18.55 per cent recorded in December. The National Bureau of Statistics is expected to release January inflation figures tomorrow, according to its data release calendar. Prices have generally either declined or remained flat recently. The food basket especially has been relatively more inelastic than other commodities, according to the FDC. The research and investment

firm noted seasonality effects, supply shocks and exchange rate pass through effects through export smuggling are factors to influence the direction of inflation. “Christmas festive spending contributed to a surge in demand at the end of 2016, albeit marginal in magnitude when compared to previous years. As January approached the seasonal slur in economic activities and lower purchasing power (due to payment of tuition and post Christmas blues) kicked in. Hence, a paltry increase of 0.05 per cent in the year-on-year rate in January,” it stated. Power supply, distribution and logistics costs were a major challenge for manufac-

turers in January. Diesel prices skyrocketed to an average of N270/ltr from N140/ltr in the same period the previous year. Power supply from the grid dropped sharply to 2500 MW in January leading to higher distribution and logistics costs. The Producer Purchasing index (PPI), the major ingredient of core inflation is likely to remain high According to the FDC, exchange rate pass through was considered to have a one-way directional effect on prices. This meant that a weaker naira makes imports expensive. The new phenomenon was that a weak naira makes domestic goods cheaper and increases the incentives for export smuggling.

NIRSAL to Stimulate Private Sector Investments in River Basins James Emejo in Abuja The Nigerian Incentive Based Risk Sharing for Agricultural Lending (NIRSAL) has unveiled plans to facilitate finance to optimise land, infrastructure and water resources within the 11 existing River Basins Development Authorities (RBDAs). The strategic deal is expected to boost food production with a total of 539,182ha of irrigable land spanning across 28 states. This is to be done through a strategic partnership with the Federal Ministry of Water Resources. Essentially, the agreement is projected to ensure full and sustainable utilisation of the critical economic assets of the RBDAs which have remained sub-optimally utilised for decades. The increased optimisation will help to achieve the objectives of the Agricultural Promotion Poli-

cies of the Buhari administration and the policy objectives of the Federal Ministry of Agriculture by significantly increasing food production of basic food staples like rice, soyabeans, maize, increase food exports. The Managing Director of NIRSAL, Mr. Aliyu Abbati Abdulhameed gave the hints during a presentation at a retreat organised by the Ministry of Water Resources for new management staff of the country’s River Basin Development Authorities (RBDAs). Abdulhameed noted however that the collaboration was at the instance of the Minister for Agriculture and Rural Development, Chief Audu Ogbeh as part of its efforts to achieve the goals of the Agricultural Promotion Policy (APP) of the Buhari administration. Specifically, he stated that the strategic partnership of the two relevant institutions will preserve scarce foreign exchange

by ensuring food sufficiency, reducing the multi-billion annual food import bill put at $11billion per annum while at the same time ensuring inclusive growth, economic diversification and food security. In a statement by Coordinator Research & Strategy, NIRSAL, Bello Abdullahi Abba, the NIRSAL MD said: “The main objective of this partnership will be to utilise the abundant resources of the River Basin Authorities to drive the Agriculture Promotion policy of the Buhari administration, which includes diversification of the economy and assurance of food security and consolidation of the national import substitution agenda. NIRSAL resources would be focused on facilitating flow of credit and investment for key production operations and revitalisation of existing wasting assets within each RBA”

FirstBank Restates Commitment to Sustainability Principles Nume Ekeghe FirstBank of Nigeria Limited has restated its commitment towards corporate responsibility and sustainability programme. The bank said in a statement that it had defined its approach to doing business responsibly as a corporate citizen, which it said involves positively impacting the lives of key stakeholders and the society at large. This, according to the statement includes deliberate efforts to enable a truly rewarding career for its employees; providing value-added, innovative and sustainable products and services for customers; minimizing environmental impact as well as empowering the communi-

ties in which it operates. The bank said it was committed to delivering social investments that will positively impact on the society through wholesome partnerships, encouraging diversity and inclusion whilst wearing the toga of integrity and accountability. “Driven by its brand promise ‘You First’, FirstBank is determined to constantly build broader, deeper and sustainable symbiotic relationships to deliver long-term value to shareholders and continuously put stakeholders at the centre of its business. “FirstBank partnered with the Lagos Business School to establish the FirstBank Sustainability Centre to contribute to

knowledge in the sustainability driven sector. “The centre has hosted the International Sustainability Conference to stimulate sustainability principles in business management; Sustainability Workshops for NGOs to create an enabling platform for NGOs in recognition of their emerging roles in contemporary society; and workshops for women-led SMEs to equip women for enterprise development with sustainable growth strategies,” it added. With an effective Employee Giving and Volunteering Scheme, staff members dedicate their time, knowledge and experience to address development needs and challenges of the community in which they live and work.

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

12,251,895.85

Net Foreign Assets (NFA)

7,612,243.68

Net Domestic Assets(NDA)

14,654,268.86

-- Net Domestic Credit (NDC)

26,774,684.47

---- Credit to Government (Net)

3,705,049.41

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

6,242,932.95

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

2,537,883.55

---- Credit to Private Sector (CPS)

21,424,953.01

--Other Assets Net

-9,738,841.27

Reserve Money (Base Money)

6,580,594.55

--Currency in Circulation

1,825,664.51

--Banks Reserves

4,415,126.62 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

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

Sterling Bank Launches Care Initiative As part of its enriching live proposition as well as in the spirit of Valentine, Sterling Bank has launched a campaign tagged #THINGSWEDOFORLOVE. The campaign, which is online and offline, the bank explained would cut across its internal and external stakeholders.

The bank, in a statement, also announced the introduction of other programmes and events to delight its customers and staff to deepen the celebration of the lover’s day. The Valentine’s Day is celebrated worldwide today, every year. The bank in the statement

signed by its Chief Marketing Officer (CMO), Mr. Henry Bassey explained that the programme lined up for the Valentine’s week included visits by the Executive Management and Business Managers of the bank to branches where they will take up specific roles serving customers.

OPEC DAILY BASKET PRICE AS AT FRIDAY 10, FEBRUARY 2017 The price of OPEC basket of thirteen crudes stood at $53.23 a barrel on Friday, compared with $52.76 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

T H I S D AY • UE

AY FEBRUARY

Nigeria’s top 50 stocks based on market fundamentals

13-Feb-17

10-Feb-17

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

168.01

167.11

0.54%

2,862,975,649,114.05

9.20

18.25

5.04

4.76%

3.83

02 Nigerian Breweries Plc

118.75

125.00

-5.00%

941,580,730,450.00

4.03

29.43

3.12

3.03%

5.74

03 Guaranty Trust Bank Plc

24.25

24.01

1.00%

713,706,096,182.00

4.90

4.95

1.78

7.30%

1.45

624.40

0.00%

494,934,563,748.80

8.81

70.86

2.86

4.64%

15.68

15.74

15.45

1.88%

494,180,812,191.64

3.91

4.03

1.04

11.44%

0.71

380.00

375.00

1.33%

210,257,918,940.00 -44.58

-8.52

2.71

4.19%

0.53

07 Access Bank Plc

6.80

6.94

-2.02%

196,710,207,090.80

2.59

2.63

0.56

8.09%

0.44

08 Lafarge Africa Plc

42.00

41.78

0.53%

191,305,876,020.00

-9.39

-4.47

0.90

7.14%

0.94

09 Presco Plc

46.00

0.00%

182,641,944,070.00

0.03

1,573.20

2.56

2.83%

4.37

10 Ecobank Transnational Incorporated

9.50

9.80

-3.06%

174,320,736,542.50

0.68

14.04

0.30

6.53%

0.28

11 United Bank for Africa Plc

4.80

4.81

-0.21%

174,141,726,345.60

1.75

2.75

0.52

12.50%

0.40

12 Stanbic IBTC Holdings Plc

17.00

17.80

-4.49%

170,000,000,000.00

2.04

8.35

1.21

0.59%

1.44

13 Unilever Nigeria Plc

35.00

0.00%

132,415,368,750.00

0.69

50.57

1.99

0.14%

14.11

14 FBN Holdings Plc

3.13

0.00%

112,352,266,438.96

0.21

15.08

0.21

4.79%

0.18

15 Mobil Oil Nig Plc

275.99

0.00%

99,520,686,359.38

19.32

14.28

1.10

2.61%

5.38

16 Guinness Nig Plc

65.00

0.00%

97,882,732,220.00

-3.06

-21.26

0.95

4.92%

2.48

17 Total Nigeria Plc

270.00

0.00%

91,670,895,990.00

38.02

7.10

0.34

5.19%

4.02

6.00

0.00%

72,000,000,000.00

1.03

5.85

0.50

8.33%

1.16

54.00

53.87

0.24%

70,333,979,562.00

3.31

16.33

0.46

6.39%

1.63

106.50

0.00%

68,222,873,659.50

-0.05 -2,331.69

0.73

2.07%

3.07

4.70

4.85

-3.09%

56,562,708,801.80

-3.15

-1.49

0.22

15.96%

0.36

22 International Breweries Plc

16.15

0.00%

53,202,125,872.00

0.02

716.76

2.00

1.55%

4.85

23 Flour Mills Nig. Plc

18.00

0.00%

47,236,269,366.00

-1.19

-15.09

0.11

11.11%

0.47

24 Julius Berger Nig. Plc

34.83

0.00%

45,975,600,000.00

-2.95

-11.82

0.39

4.31%

2.42

25 Okomu Oil Palm Plc

44.18

0.00%

42,143,743,800.00

4.82

9.16

6.41

0.23%

2.61

0.76

0.80

-5.00%

29,427,958,043.00

-0.47

-1.63

0.56

0.00%

0.40

15.10

0.00%

29,005,052,243.70

3.37

4.48

0.38

6.62%

0.38

28 FCMB Group Plc

1.33

1.34

-0.75%

26,337,605,338.73

0.61

2.17

0.16

7.52%

0.15

29 Fidelity Bank Plc

0.83

0.00%

24,038,946,124.36

0.39

2.14

0.16

19.28%

0.13

32.00

0.00%

22,400,000,000.00

2.28

14.01

3.36

3.59%

13.09

31 Sterling Bank Plc

0.70

0.00%

20,153,292,688.20

0.29

2.43

0.19

12.86%

0.25

32 Diamond Bank Plc

0.86

0.87

-1.15%

19,917,934,512.48

-0.29

-2.93

0.09

0.00%

0.09

33 Custodian And Allied Insurance Plc

3.33

0.00%

19,586,607,769.35

0.76

4.36

0.54

4.20%

0.68

34 Wema Bank Plc

0.50

0.00%

19,287,233,040.50

0.06

8.39

0.38

0.00%

0.41

35 National Salt Co. Nig. Plc

7.03

7.40

-5.00%

18,625,551,797.34

0.85

8.28

0.99

7.82%

2.52

14.25

0.00%

17,041,239,954.00

-2.98

-4.78

0.61

2.11%

1.94

37 Cadbury Nigeria Plc

9.00

0.00%

16,903,818,360.00

0.50

18.02

0.60

14.44%

1.65

38 Mansard Insurance Plc

1.59

1.60

-0.62%

16,695,000,000.00

0.28

5.71

0.83

3.14%

0.79

39 PZ Cussons Nigeria Plc

11.59

11.04

4.98%

11,590,000,000.00

5.69

2.04

0.81

0.86%

0.31

40 Continental Reinsurance Plc

1.10

0.00%

11,410,018,743.20

0.42

2.62

0.52

10.91%

0.61

41 Unity Bank Plc

0.83

0.00%

9,702,150,491.86

-0.10

-8.10

0.15

0.00%

0.12

42 Honeywell Flour Mill Plc

1.05

1.09

-3.67%

8,326,707,540.90

-0.40

-2.60

0.17

15.24%

0.25

43 Skye Bank Plc

0.50

0.00%

6,940,150,705.00

-2.93

-0.17

0.04

60.00%

0.07

44 Wapic Insurance Plc

0.50

0.00%

6,691,369,126.00

0.18

2.78

0.85

6.00%

0.41

45 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

0.03

17.71

3.72

0.00%

1.94

46 Cement Co. Of North.Nig. Plc

4.28

4.50

-4.89%

5,378,580,838.48

0.22

19.55

0.48

2.34%

0.50

47 Nigerian Aviation Handling Company Plc

2.57

0.00%

4,174,242,187.50

0.15

17.01

0.52

7.78%

0.70

48 AIICO Insurance Plc

0.60

0.00%

4,158,122,688.00

0.22

2.69

0.14

8.33%

0.41

49 UACN Property Development Co. Limited

1.98

1.89

4.76%

3,403,124,990.10

0.30

6.62

0.81

35.35%

0.10

50 Fidson Healthcare Plc

1.09

1.14

-4.39%

1,635,000,000.00

0.24

4.63

0.25

4.59%

0.25

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

18 Dangote Sugar Refinery Plc 19 Forte Oil Plc. 20 7-Up Bottling Comp. Plc 21 Oando Plc

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

30 Cap Plc

36 Glaxo Smithkline Consumer Nig. Plc

TOTAL

8,154,770,084,899.73

TOTAL MARKET CAP

8,736,570,818,607.76

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

93.34%

Table 1 Market Statistics Mkt Indicators NSE All Share Index NSE Market Cap (N'Trillion)

Open 10-Feb-17

Close 13-Feb-17

Change %

25,340.02 8.77

25,244.29 8.74

-0.38 -0.38

105.21 8.19

104.73 8.15

-0.45 -0.45

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

Table 3 Top 5 Gainers Stock

Open Close Change 10-Feb-17 13-Feb-17 %

PZ Cussons Nigeria Plc UACN Property Development Co. Limited Zenith Bank Plc Seplat Petroleum Dev. Co. Ltd Guaranty Trust Bank Plc

11.04 1.89

11.59 1.98

4.98 4.76

15.45 375.00 24.01

15.74 380.00 24.25

1.88 1.33 1.00

Table 4 Top 5 Losers Stock

Open Close Change 10-Feb-17 13-Feb-17 %

National Salt Co. Nig. Plc Nigerian Breweries Plc Transnational Corporation Of Nigeria Plc Cement Co. Of North.Nig. Plc Stanbic IBTC Holdings Plc

7.40 125.00 0.80

7.03 118.75 0.76

-5.00 -5.00 -5.00

4.50 17.80

4.28 17.00

-4.89 -4.49

Market starts week with 0.38% decline Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, February 13th, 2017 ended on a negative note as the stock market closed red. This was further highlighted by positive performance from the NSE Subsectors: Banking, Insurance and Consumer Goods (Save Oil & Gas). Furthermore, trading activities decreased in volume as 141.92m shares worth of N1.38 billion in 2,386 deals exchanged hands today. This is a decrease from the 201.73m shares worth of N2.59 billion in 2,604 deals which exchanged hands on Friday. Topping in volume terms are: Guaranty Trust Bank Plc, United Bank for Africa Plc and E-tranzact International Plc, while Guaranty Trust Bank Plc and Presco Plc ended trading as the most active stocks in value terms. Brent crude oil today, Monday settles at US$55.52 per barrel. The All Share Index (NSEASI) closed negative with 0.38% (-95.73) decrease to close at 25,244.29 from 25,340.02 the previous trading day. Market capitalization depreciated in tandem to N8.74 trillion from N8.77 trillion of prior trading day. Similarly, the Thisday BGL 50 Index holds position at 104.73 from 105.21 recorded at the end of the previous trading day, while its market capitalization stood at N8.15 trillion from N8.19 trillion of the previous trading day. Market breath closed positive as 15 stocks gained on the bourse today while 17 stocks declined, leaving 33 stocks unchanged. PZ Cussons Nigeria Plc topped the Thisday BGL 50 Index gainers’ list as it emerged as the day’s toast of investors with a gain of 4.98% to close at N11.59 per share. It was followed by UACN Property Development Co. Limited with a gain of 4.76% to close at N1.98 per share. Others on the gainers list include: Zenith Bank Plc, Seplat Petroleum Dev. Co. Ltd and Guaranty Trust Bank Plc; while on the decliners’ list, National Salt Co. Nig. Plc move to lead the pack with a loss of 5.00% to close at N7.03 per share. It was followed closely by Nigerian Breweries Plc with a loss of 5.00% to close at N118.75 per share. Others on the decliners list include: Transnational Corporation of Nigeria Plc, CCNN Plc and Stanbic IBTC Holdings Plc. REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

T H I S D AY • UE

AY,FEBRUARY

MARKET NEWS

Access Bank to Divest from Stanbic IBTC Pension Managers Goddy Egene and Nosa Alekhuogie Access Bank Plc is to divest from Stanbic IBTC Pension Managers Limited (SIPML) in compliance with the Central Bank of Nigeria (CBN)’s regulation on the Scope of Banks Activities and Ancillary Matters. Access Bank holds 17.56 per cent equity in SIPML. However, in a notification to the Nigerian

Stock Exchange (NSE), made available yesterday, Access Bank said it had received all regulatory approvals to sell the bank’s equity shareholding in SIPML to the company’s majority shareholder, Stanbic IBTC Holdings Plc. The filing, signed by the Company Secretary of Access Bank, Mr. Sunday Ekwochi reads: “Following the CBN’s directive to Access Bank to divest from

SIPML in compliance with the CBN’s regulation on the Scope of Banks Activities and Ancillary Matters, No. 3 2010, the board of directors of the bank is pleased to announce that it has received all regulatory approvals for the sale of the banks’ 17.65 per cent equity shareholding in SIPML to the company’s majority shareholder, Stanbic IBTC Holdings Plc.” “Further to the provisions

of Rules 17 of the NSE Rules Book 2015, and Rule 187 of Rules and Regulations of SEC 2013, which regulate the disclosure of material non-public information to the NSE, we hereby notify the NSE of this transaction in view of the possible material effect it may have on the value of Access Bank’s securities listed on the NSE.” SIPML was set up with a mission to enable Nigerians retire

well after their working lives. “We want to help people plan for their retirement to ensure that the retirement phase is as rewarding and productive to them as possible,” the company said. SIPML has been organising nationwide campaign to raise awareness about retirement planning. According to the company, the campaign, which was

launched four years ago, is part of initiatives aimed at encouraging retirement planning amongst Nigerian workers and employers. About 600 participants attended the 2016 forum in Lagos where they gained very valuable tips from seasoned experts and regulators on the imperative of putting in place effective plans to ensure a smooth transition to retirement.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

T H I S D AY • TUESDAY, FEBRUARY 14, 2017

MARKET NEWS

Investors Hail Banning of Stockbroker over Market Infractions Goddy Egene Investors in the Nigerian capital market have hailed the decision of the Securities and Exchange Commission (SEC), to ban a stockbroker, Mr. George Okafor from being employed or holding the position of a director in the market. Okafor was banned for engaging in acts capable of adversely affecting the investing public’s image of and confidence in the capital market. According to SEC, the

decision was taken after its Administrative Proceedings Committee (APC) sat to hear the complaint brought by Ideal Securities & Investment Limited against the broker. SEC said it had on September 12, 2008 received a petition from Ideal Securities alleging various misconducts against Okafor. “Pursuant to this complaint, the commission conducted investigations and observed that the Respondent had carried out actions which were in breach of

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

the provisions of the Investment and Securities Act, 2007 as well as SEC Rules and Regulations,” SEC said. According to the capital market apex regulator, in order to afford all parties fair hearing, convened an APC sitting to hear the matter, explaining that during the hearing, testimonies and documentary evidence were tendered by the parties. SEC said upon conclusion of the hearing, its APC reached a final decision which has been approved by the relevant

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 10-Feb-2017, unless otherwise stated.

authority. “The decision of the APC are as follows: “That the respondent (Okafor) engaged in acts capable of adversely affecting the investing public’s image of, and confidence in the capital market. That the complaint should take appropriate steps to recover whatever monies lost as a result of the respondent’s conduct. That the Respondent is hereby banned from being employed anywhere in the Nigerian capital market and from holding the position of

a director in any corporate entity operating in the Nigerian capital market. That pursuant to Section 304 of the ISA 2007, all information on the issues of forgery of the board resolution and issuance of dud cheques be and hereby referred to the appropriate law enforcement agencies,” the commission said. Reacting to the development, some investors said the ban placed on Okafor would serve as deterrent to others and help to sanitise the market. “This is a good development

that should be commended,” Mr. Igbrude of Independent Shareholders Association of Nigeria, said. It was alleged that Okafor, without the company’s approval, obtained a N550 million facilities from two banks. He was said to have used the company’s funds for his personal gain. He was also said to have sold shares belonging to clients of the company and converted investors return monies. Okafor similarly failed to carry out client instructions.

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 127.56 127.78 0.33% Nigeria International Debt Fund 218.43 218.75 1.39% 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 -1.14% 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 17.73% 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 12.02 12.38 -2.63% ARM Discovery Fund 283.40 291.95 -1.31% ARM Ethical Fund 21.82 22.48 -2.32% ARM Money Market Fund 1.00 1.00 17.32% 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 105.61 106.36 0.51% AXA Mansard Money Market Fund 1.00 1.00 16.54% 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 2.16 2.21 -0.68% Paramount Equity Fund 9.36 9.60 0.00% Women's Investment Fund 84.83 87.00 0.27% 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 17.59% 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 1,104.28 1,105.50 1.28% FBN Heritage Fund 109.57 110.30 -1.81% FBN Money Market Fund 100.00 100.00 15.63% FBN Nigeria Eurobond (USD) Fund - Institutional $105.12 $105.37 0.82% FBN Nigeria Eurobond (USD) Fund - Retail $106.02 $106.26 2.37% FBN Nigeria Smart Beta Equity Fund 112.07 113.56 -0.52% 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 0.95 0.53% Legacy Short Maturity (NGN) Fund 2.61 2.61 1.61% 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 2,169.88 2,194.50 -1.80% Coral Income Fund 2,147.72 2,147.72 2.07% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 16.09% 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 16.58% Vantage Balanced Fund 1.68 1.70 0.00% Vantage Guaranteed Income Fund 1.00 1.00 15.07%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 0.99 1.01 0.24% Lotus Halal Fixed Income Fund 1,014.15 1,014.15 1.13% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 9.65 9.74 -0.12% 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 0.70% PACAM Fixed Income Fund 10.40 10.43 -0.06% PACAM Money Market Fund 10.00 10.00 12.93% 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 111.00 111.72 8.93% 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 1.05% 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 1,811.57 1,821.30 -1.08% Stanbic IBTC Bond Fund 151.65 151.65 -1.50% Stanbic IBTC Ethical Fund 0.75 0.76 -1.95% Stanbic IBTC Guaranteed Investment Fund 188.79 188.79 1.02% Stanbic IBTC Iman Fund 127.19 128.85 -2.03% Stanbic IBTC Money Market Fund 100.00 100.00 17.72% Stanbic IBTC Nigerian Equity Fund 7,254.71 7,342.43 -4.31% 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 9.04% United Capital Bond Fund 1.25 1.25 16.11% United Capital Equity Fund 0.65 0.66 0.14% 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 9.61 9.78 -0.13% Zenith Ethical Fund 11.04 11.14 1.21% Zenith Income Fund 17.01 17.01 2.97%

REITS

NAV Per Share

Yield / T-Rtn

11.41 124.56

1.01% 0.48%

Bid Price

Offer Price

Yield / T-Rtn

7.80 70.90

7.90 72.23

-11.10% -6.44%

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

2.37 5.03 11.27 14.00 134.37

2.41 5.11 11.37 14.20 136.37

-13.57% -28.29% -5.98% -12.15% 3.43%

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.

T H I S D AY TUESDAY FEBRUARY 14, 2017

IN THE FEDERAL HIGH COURT

T H I S D AY TUESDAY FEBRUARY 14, 2017

TUESDAY FEBRUARY 14, 2017 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Pakistan: Deadly Bomb Blast Rips through Lahore Rally A powerful bomb blast on Monday ripped through a protest in the Pakistani city of Lahore, killing at least 11 people and wounding dozens, according to officials. The explosion went off in Lahore’s busy Mall Road during a rally attended by hundreds of pharmacists protesting against a new government law outside the provincial assembly building. Jamaat-ul-Ahrar, a Pakistani Taliban-linked armed group, claimed

responsibility for the attack, which also wounded at least 30 people, including media personnel covering the protest. Witnesses told Al Jazeera that the blast occurred near the Punjab assembly building when a suicide bomber on a motorcycle rammed into a police vehicle. Two senior police officials were reportedly killed in the explosion. “The explosion was heard for several kilometres. It was a very

Canada’s Trudeau Arrives in Washington to Meet with Trump The Syrian government signalled on Monday that it was ready to agree to prisoner swaps with rebel groups, a confidence-building measure that might help both sides prepare to attend peace talks. The government is “continuously ready” for such an exchange with rebel groups, “particularly in the framework of efforts being made for the coming meeting in Astana”, a news flash on the state-run Al Ikhbariya TV station said, citing an official source. Al Jazeera’s Andrew Simmons, reporting from the Turkish city of Gaziantep along the Syrian border, said it was “difficult to know how significant this is because there have been prisoner swaps in the past”. Russia, Turkey and Iran - who created a trilateral mechanism to enforce the fragile ceasefire in Syria last month in Astana - are set to meet again in the Kazakh capital later this week. The Kazakh foreign ministry said over the weekend that the Syrian government and rebel delegations had been invited to attend the meetings, set for February 15-16. The meetings in Astana were originally aimed at consolidating the truce in Syria, a nationwide halt in the fighting established late in December that has steadily fallen apart over the past month. The Astana talks were also meant to pave the way towards peace negotiations Geneva, tentatively set to begin on February 20. “Originally, the thought was this was going to be a final attempt to get the ceasefire really tightened up in advance of the Geneva talks, but now there are suggestions that it could be more than that ... that there is some sort of peace deal on the table that might have legs for Geneva ... [it’s] not clear yet,” said Simmons. The Syrian government has conducted prisoner exchanges in the past with a wide range of rebel groups under the auspices of the Syrian Red Crescent and the International Committee of the Red Cross. This month, in a rare move, the Syrian government and rebel groups swapped dozens of female prisoners and hostages, some of them with their children, in Hama province in northwestern Syria. Syria’s main opposition body approved, on Sunday, a new delegation to take part in Geneva talks later this month, which includes Russian-backed blocs that have been critical of the armed insurrection against Syrian President Bashar al-Assad.

powerful explosive device,” Al Jazeera’s Kamal Hyder, reporting from the blast site in Lahore, said. Several ambulances arrived at the scene after the blast, while security forces cordoned off the area on Mall Road, one of Lahore’s main arteries. “The road has been sealed off; right now ambulances are evacuating the wounded, and also the police and security forces have gathered at large numbers around the assembly buidling,” Hyder said. Nawaz Sharif, Pakistan’s prime minister, condemned the attack and vowed to step up the fight against armed groups in the country. “Terrorism isn’t a novelty for us. Our story has been one of constant

struggle against its grasp and a fight for the soul of Pakistan,” he said in a statement. “We have fought this fight against the terrorists among us, and will continue to fight it until we liberate our people of this cancer and avenge those who have laid down their lives for us.” Lahore, in eastern Pakistan, was the site of an Easter Day bombing that killed more than 70 people in a public park last year. Jamaat-ul-Ahrar claimed responsibility for that attack, as well as for a bombing at a hospital in Quetta that killed 74 people in August last year.

T H I S D AY • TUESDAY, FEBRUARY 14, 2017

STARTERS

FG Declares Emergency in Port NEWS Harcourt over Air Pollution

Two-Minute Briefing

Shuts down asphalt processing plant

Adedayo Ak nwa e n Abu a The federa government yesterday dec ared an emergency over the a r po ut on n Port Harcourt the R vers State cap ta wh e an nvest gat on s ongo ng to determ ne the cause of the th ck b ack smoke that has enve oped the c ty for days The government a so ssued a not ce to temporar y shut down an aspha t process ng p ant n Port Harcourt wh ch has been be ch ng out th ck smoke from ts factory to br ng the s tuat on under contro A statement ssued yesterday by Ms Efe Ovuakpor e of the Federa M n stry of Env ronment sa d that the po ut on wh ch usua y man fests n the form of soot has been ev dent for more than e ght weeks n Port Harcourt and has great y mpacted on the a r qua ty n the c ty and ts env rons She sa d “In order to urgent y address the a r po ut on n Port Harcourt and ts env rons the Federa M n stry of Env ronment has dec ared the a r po ut on n Port Harcourt an emergency s tuat on and has subsequent y ssued a not ce to temporar y shut down an aspha t process ng p ant n the c ty that s be ch ng out th ck smoke from ts operat ons “Th s s necessary to br ng the s tuat on under contro wh e an nvest gat on s ongo ng to determ ne the cause of the po ut on “Aware of the attendant negat ve effects of th s menace on soc o-econom c act v t es hea th and the env ronmenta mpact the federa government took a bo d step by ra y ng a ma or stakeho ders wh ch nc udes the R vers State M n stry of

Env ronment the Federa M n stry of Hea th and the peop e of R vers State to find a ast ng so ut on to arrest the ug y trend “The deve opment ed to the c osure of the p ant by the R vers State Government” The m n stry exp a ned that the sources of po ut on n the c ty were d ffuse and anthropogen c n nature (man-made) as the pre m nary ana ys s of the soot samp es had nd cated that the prob em was as a resu t of open a r and ncomp ete combust on of hydrocarbons burn ng of waste and vegetat on burn ng of tyres

aspha t process ng and ega art sana refinery operat ons It urged the pub c to rema n ca m and take adequate measures to protect themse ves by adher ng to the hea th gu de nes that wou d be ssued by the hea th author t es It a so urged res dents of Port Harcourt to a ways ensure that the r w ndows and doors are firm y shut when necessary wh e assur ng them that the government wou d cont nue to work ass duous y to protect ts c t zens and the env ronment from any form of po ut on

government He sa d there was no reason nfrastructure bu t n the reg on cou d not be compared to nfrastructure bu t n o -produc ng commun t es anywhere n the wor d He prom sed that coa powered refiner es and ssues surround ng the construct on of petrochem ca p ants wou d be ooked nto by the government He sa d the federa government was nterested n the cont nuat on of the

amnesty programme “We must recomm t to mak ng the N ger De ta reg on a v brant econom c zone ” Os nba o sa d add ng that the government ntended to use sma and med um bus nesses to dr ve and create emp oyment and st mu ate growth n the area “I have made notes I have stened carefu y th s w be a beg nn ng that w change the narrat ve of the N ger De ta ” Os nba o prom sed

Equal Partners in the Game Women are not s ack ng n the mu t task ng department e ther and are gett ng bo der by the day W th the var ous office affa rs go ng on n corporate N ger a Va ent ne s Day w defin te y be affected Take Margaret 35 banker marr ed w th two boys who has severa extramar ta affa rs Constant y comp a n ng of a bor ng sexua fe at home Margaret s a ways on the ook out for the next steamy sexua encounter and Va ent ne s Day s no except on Margaret br ngs home the bacon and be eves she deserves whatever fun she can get outs de She spends t me w th her boyfr end n the office dur ng the day and ret res to her bor ng husband

at n ght Kem Ashefon founder of Kem Ashefon Love Haven B ogspot and a re at onsh p expert s of the op n on that the c t a sons are not r ght and too much emot on and energy are wasted on a day that shou d offer so much ove and nt macy That be ng sa d she adv ses “If you want to sp t your t me between mu t p e partners then you re go ng to have to take the re ns firm y when p ann ng the day for both of them ” “Start the day off w th hav ng brunch w th your s gn ficant other and en oy ng a cockta w th number two ater that n ght Make sure to eave yourse f p enty of t me between dates though so you can regenerate for your second one ” she warns Ashefon a so recommends not squeez ng n a th rd s de k ck as you d

be so exhausted and stressed that you wou dn t en oy any of them And another one don t get them a the same th ng Ser ous y ust don t “Wh e t may be eas er to shop for one g ft for a and resort to mass merchand s ng ” po nts out Ashefon “the downs de however s the off chance of them find ng out and fee ng ke they ust got a mass b ast ove etter s h gher than f you got four spec a th ngs for each person ” It a sounds exhaust ng doesn t t? Truth be to d s for anyone to tru y en oy St Va ent ne s Day fide ty to one partner s the surest way of show ng ove apprec at on and respect for one s partner Va ent ne s Day s on y one of 365 days n a year so the best adv se to those w th s gn ficant others s to make the most of th s spec a day by mak ng t memorab e Happy Va ent ne s Day Everyone

TRUMP CALLS BUHAR S GN F ES READ NESS TO HELP N GER A W TH WEAPONS TO COMBAT TERROR SM won the U S e ect on and the second t me after he assumed office Ades na sa d the phone conversat on was at the request of the Amer can pres dent He a so sa d the conversat on between the two pres dents was cord a He sa d Trump commended Buhar for rescu ng 24 Ch bok g r s He sa d Buhar congratu ated Trump

on h s e ect on as pres dent of the Un ted States and on the appo ntment of h s cab net Ades na sa d “The two eaders d scussed ways to mprove cooperat on n the fight aga nst terror sm through the prov s on of necessary equ pment “Pres dent Trump encouraged Buhar to keep up the good work he s do ng and a so commended h m for the efforts made n rescu ng

24 of the Ch bok g r s and the str des be ng taken by the N ger an m tary” The statement sa d Trump assured the N ger an pres dent of the US read ness to cut a new dea n he p ng N ger a n terms of m tary weapons to combat terror sm “Trump a so nv ted Pres dent Buhar to Wash ngton at a mutua y conven ent date ” the statement added

daylive.com,

T H I S D AY

08111813081

power sector operators’ meeting which was “A deadline of hosted The federal government February 28, 2017, Disco as its Olorunsogoby Ibadan was issued to receive yesterday gave seven substation, submissions “TCN announced that Osogboof the 11 electricity contained this. It Ede line is explained that on MDA debts from distribution Discos companies (Discos) the Minister of Power, fully completed, national grid. February 17, which are yet Works and 2017, was set and and is awaiting Housing, Mr. The minister to another 3,000MW. completion deadline for submission as a the Babatunde records of the submit accurate was has also connected substation of commended at hand to oversee Fashola, and managemen of audited According Ibadan energisation. owed to them debts allegedly t accounts,” The communiqu the meeting. communiqu This substation for Distribution CompanyElectricity would have to him, the country the be completed e was provided is Departments by its Ministries, to THISDA been generating e stated. (IBEDC) and in 12 months. to for the progress Y in Abuja and It stated that the the company 6,000MW if the gas pipelines over 15 days to turn Agencies(MDAs), other The has recorded stated that acting President, MD, Transmission Services issues in their records safe. were Yemi Osinbajo in improving Provider (TSP) also noted verification. for included discussed at the meeting is their the completion distribution assets and communities currently engaging of a the impact of “That sabotage Though it did not urged the in the Niger Delta transformer vandalism company to debt problem, has also created project address state what would of gas pipelines on the be its next line shortfall in power country’s lasting their concerns and find to Bussa, and announced in New progress to communicate the expectation, power generation, of action if the the governor a that solution to the the sector’s poor Discos revenue fail to heed its request, of the in recovery and therefore, shortfall challenges of substation should be ready the state, local government energising in because consumers however explained the government some profile and completion of pipeline vandalism which for traditional chairmen, six weeks following it transmission that only four rulers and community- more resistant to projects by the led to severe limitations said has pre-commissioning Discos -Abuja, payment when are based organisation Ikeja, Yola, and of the Transmission Company in don’t power they generation. tests. have s, Ibadan, (TCN). have submitted “TCN also reported of Nigeria company’s customers.who are the too and electricity, and I will be their debts records, On the efforts progress you will be too. the following they are being and “Let the local “The meeting projects in the on And we verified by it. see that they to stabilise the by the government (IBEDC) people be part also noted the host the handover pay more Eko, Enugu, governance region: Abeokuta-Ig taken to steps of power and maintenance is more stable. when the boora- process; Kaduna, Kano, Port Harcourt, Jos, (currentlyaddress the liquidity issues sector, the communiqu of the Lanlate 132KV DC Of course, and Benin Discos, e said they will also there are issues line, Odogunyan the inauguration limiting the functioning noted, have not develop it the sector), also at the retail ownership for of the new substation and transmission of responded to the assets when an end – metering, and its call underwaythrough the work currently commissioners of the line, are involved for their MDAs estimated bills. Nigerian Iseyintransmission substation debt Electricity Regulatory to identify, verify in its delivery they Now, the reason why in they will The 11 Discos records. as so and MDA that well I pay Commission have debts as (NERC), and to Discos, as projects in Ago-Iwoye,transmission he said. ensure the safe-keeping,’’ through this is just to reiterategone claimed that the have consistently debts government’s MDAs and generation well as gas an interim the appointment of Gamo-Ogbo all of us have that Benin-Akure were owing them Managing Director an debts. Speaking yesterday moso and Magboro.”, “It was the problems understanding of for electricity services billions of naira for Ibadan noted that Abuja, Ikeja, the TCN to reform the Meanwhile, Fashola and all of in Ibadan, Oyo State, at the company has stated 12th Power Sector different roles to play us have that the over the years. rendered to them compliedand Yola Disco have for a more robust service in solving those problems,” to the pipelinessabotage of gas assets and Stakeholders’ meeting, industry were with data requirement A communiqu Fashola explained. two of the the Ibadan Electricity hosted by has decommissi s, efforts of e on the outcome and verification of their “You will see oned the governmen recent power generating of the 12th edition Distribution submission has begun to act. that government of the monthly is underway on a first plants and Company (IBEDC), Fashola On project completion,t on this. their ability come first The vice president, generation would serve basis. said to provide it said: 3,000 have been boosted representing the president, megawatts of additional above the going round current 3,500-3,800M power to the is those the pipelines were back to W if communities, engagingNiger Delta deliver them more

Osinbajo, Obasa njo, Others Pay Tribute to Murta la Muhammed

Cont’d from

Shettima blames Sheriff for Boko Haram’s deadly activities

pg 43

Ogheneuvede Ohwovoriole in Abuja

KEEPING THE MEMORY OF MURTALA MOHA MMED

ALIVE…

EDITORIAL

MESSAGE F

ROM THE PROTESTS

a good of hunger and deprivations, one. But in Nigeria deserve the in their statemenmore and the protester people of s said as much t: “Nigerians economic challeng are es and do not facing difficult Our standard see any also disappoi s of living have worsene end in sight. nted in the d ineffective fight lack of transparand we are ency and an against corruptio that made a n in a fight campaign. The against corruption government a has not been change that Nigerian key pillar of its s were promised delivered and a road map to the destination desired is yet to be communicated. This is not about ad-hoc programmes sound-bites.” or While we commend the acting dent for displayinpresiattempt by g uncommon law enforcem maturity, rights of the ent agents to peo abridge the

Last week, the panel set by the Inspector General of Police (IG), Ibrahim Idris, to probe the crises that characterised the rerun legislative elections in Rivers State last December, submitted its report. At an elaborate ceremony at the Force Headquarters in Abuja... Page 16

POLITICS

T H I S D AY

EXECUT

• TUESDAY , FEBRUARY

14, 2017

Group Politic s Editor Olawa le Olaleye Email wale.o laleye@thisda ylive.com 0811675981 9 SMS ONLY

VE BRIE FING Rivers Police Report and the The panel set Litany of Qu Rivers State, up by the police to inves estions last week subm tigate the viole Iriekpen write nce that itted its repor t, leaving more

rocked questions thanthe rerun elections in answers. Davi dson

ast week, the panel set by the Inspector General of Police (IG), Ibrahim Idris, that characteris to probe the crises tive elections ed the rerun legislain Rivers State December, submitted last an elaborate its report. At ceremony at the in Abuja, the panel which Force Headquarters December 22, was inaugurate 2016, in its the state governme report, alleged d on that nt bribed officials Independent of the (INEC) with National Electoral Commissi on favour of the N360 million to rig the candidates of polls in Party (PDP). the Peoples Democratic The panel, the Nigeria which comprised 12 officers Police Force of Department of State Servicesand three from the recovered N111.3mill (DSS), stated that it ion from who confessed to have received23 INEC officials, the state governme the money from nt officials the rerun polls to manipulat dismissed policein the state. It also indicted e misuse of arms operatives for misconduc six t and the provisions during the polls, contrary of Force Order to The officers – 237. ex-Inspector Governor Nyesome Peter Ekpo, Eyong Victor, Oguni Goodluck, ex-Sgts. Wike Ezekiel and Orji Nwoke, Tanko Akor Okpe extreme. – had been by the Force. Never in the dismissed The errant operatives annals of infamy seen Police IG, Ibrahim have stormed have we the Port Harcourt were said to the a vital state security institution Idris Secretariat lowest depths City Council descend to Why didn’t the police and of blackmail mention or who killed as the election results prevented the movemen and arrest those the officers? of Emouha t of case. Nigeria Police Force has criminality tive and politically appropriate The first anger The Rivers collation centre polling unit to the State Governme done in this Chairman of those who -motivated comprehensive the Nigeria in disobedien designated by and cannot listened nt challenges of the panel, ce to senior and relied INEC financially Police to show be Damian Okoro, to the a credible Force’s inadequate officers upon to provide Speaking during proof that induced any was the electoral panacea to curbing the presentatio present. the Police chairman, DCP official of INEC.Wike deploying 28,000 provision of security the menace malpractices despite the Damian Okoro, n, the panel transactionhave bank records of its personnel of Do number in the committee established conclusions of the purported added that of soldiers, and a large s between of the report country. He said the electoral air force, cases of misconduc Governor Wike to indict certain defence officers some electoral are predeterm officers? and the one t against persons. ined to maintain navy and civil officers and agents, who, While While law and order state due mainly law enforceme according to in elections noting that the December nt recommenthe people of the state to obvious partisansh him, allowed to be compromi Recall that after did not have dations of the await the themselves sed ip. the in only the PDP 10, 2016 polls, pant, Ezinwo their line society worry about AGF, many Receiving the as particisaid: “There analysts Room groups commonly a coalition of civil including the content report, the IG of duties. they saw it findings and of known as Situation said the the law enforcemewere other parties, coming. Somethe report because called authored a damning by the outcome warded to the recommendations would panel’s why the INEC nt the “ugly undemocr report on what Attorney General of the police agencies. Going officials were have also asked by be for- did it only (AGF), Abubakar atic” roles played investigation, the not paraded? the PDP that the money of the Federation Why which police and military. it is did the wrong Malami, for police and signifying that have the same bank adding that The organisati implemen is an umbrella both rappers, all the N111millio on in a very the APC, all conducted things. The of indicted would the INEC officials and tation, one bank? decent and n came from society groups, lamented over 70 registered civil themselves Why others in be prosecuted lawful manner! words, the that despite 28,000 police “I see no reason N1000 notes? were all the denomina . police were deploying personnel and tions Do all the 23 not involved In other snatching, as operate one lead to the beheadingwhy a rerun election a large contingent INEC officials of military, the poll in ballot bank? will was still flawed. of our officers, did not kill widely recorded and came hard on there to do If indeed there innocent persons reported; who their lawful was a bribe, of neutrality INEC for what it called It also not attempt the report will duties. I believe were that bribed? was it only the and the APC to subvert in the elections. Didn’t any its lack their go a long way did PDP that Congress individuals Others wondered favour in some the electoral process to put an end (APC) candidateof the All Progressives where the panel got the seeing election in to INEC places.” N111millio the state We will take On his or member bribe official? appropriate as a do-or-die affair. any had a INEC Resident Electoral n from when Transparen part, the President than the life Was the bribe more important with the law actions in conjunctio of Network few days to Commissioner cy, Equity and officer of the of DSP Mohamm for the n his orderly, Fairness, Dr. Steve Nwofor, in order to ed Alkali and nobody would know election disclosed that Kemakolam who were killed put an end federation, the AGF, the officials report against described the conclusion to and electoral during the polls? for the polls until to be used s in the violence in most of the abuse Government the PDP and the Rivers this country.” “We are only the day of the election? Naturally, as State malicious and not only hasty but mischievou been recovered hearing now that money first to react the state government was the politically-motivated has from s, trained outsidefrom electoral officers the report as to the allegations. It the report, it . He said that were described a and brought was obvious have so degenerat angels. How questions in charade, saying the unanswere that the police can you bribe in silently like the ed. document d know? Governor Ezenwo “It a man you were In any don’t ful is unfortunate and embarrassi Nyesom Wike the reason wrong duringcase, the APC did not do refused to be that the police of the anything the elections? authority will ngly disgraceand indeed state is a PDP-contr described the part of the investigation. state Knowing want Nigerians claim by the It olled state, couldn’tthat the an election the world to believe been possible financially induced police panel also them, that day in that the APC it have of that it officials the PDP? Didn’t defamatory Rivers State this country the governme in bribed more and reckless. of INEC as shameful, gave bribe nt can break into the bible say that before than officials connected to INEC or The state other you obvious with first bind the a strongman’s house, and CommuniCommissioner for Informatio that the police the election. It is very you cations, Dr. or the APC-led happened in strongman? Wasn’t that must government challenged Austin Tam-Georg n would need the federal Rivers State?” what reasons e, Emeh, National Nyesom Wike police to prove that to find some to vent their Governor President of queried Nneka they anger on Wike, other the December bribed INEC workers Mostly, observers are out to decimate Women on whom Top. him were the report as they have Tam-George, 10, 2016 legislative rerun to rig unbeatable. did not say shocked to see that in a statement, found polls. anything about Mohammed police to prosecute “If they don’t also challenged Alkali and his show DSP against the gruesomely officers indicted and imprison the corruption; they it in the so-called fight killed during orderly, who were electoral do so insecurity. We if the bribe the polls, wondering describing the by the panel without was thought the in the fight against police delay, selective of the officers. more important than injustice He stated: “The investigation as dubious. After the elections,the lives now see fight against corruption will stop as attention alleged that Government it in all areas, but we can has been drawn of the Rivers State the suspect it was the police want no more borders. Akali and images of heaps to the melodrama orderly was who beheaded the us to believe So tic gave bribe day alongside arrested on by the so-calledof cash, circulated in that only if any, the election is sponsor, the his colleagues and their the rerun electionspolice panel of inquirymedia arrant nonsense,and the APC did not? PDP This into and the in Rivers State Power. But former state Commissi alleged government 10, 2016. According on an stops chasing earlier the federal oner to the police, December to their release.order from above allegedly for for them as of money were the heaps that report shadows the better It was further led Nwafor is dead on was after the given to officials‘evidence’ of bribes alleged that emphasised. arrival,” allegedly illegal release they committed Governor, Nyesomof INEC by the Rivers However, because of the suspects it the heinous that anything the report no arrest has “We consider Wike, during the rerun State crime. Till did not about polls. the allegations panel refused been made. But deliberatel date, its stakeholde the ruling party, the APC say as shameful, of the rs have refused to comment defamatory y, the what and alleged suspects on this because and reckless police many called to comment in the on from the APC. are believed to have the But one is clear reckoned is a skewed report. from the report, come were It is for this wrong with reason, a public the rerun pollsa lot of things both parties Iheanyi Ezinwo, affairs in Rivers have analysts, described the the tendency as The difference report as selecfor mischief. for mischief. , of course, is their propensity

FEATURES Foreign Languages under the Spotlight

Naturally, governmenthe state the first to t was react to the allega described tions. It a charade, the report as unansweresaying the d questions in the docum the reason ent were Governor Ezenwo Nyeso m Wike of the state refus ed to be part investigatiof the on. It also described the claim by the police panel that it financially officials of induced INEC as shameful, defamatory and reckless

FEATURES

gn L ngu g und

Inside ns dethec the classrooms assroomsofaCommun of a Community ty I Primary School on the outskirts of Lagos, conversations between students are held inYoruba and a smattering of English phrases.The instructors, too, deliver their lessons with a composite of the two languages. Page 18

BUSINESS Osinbajo: FG Will Rescue Power Sector

TheVice President, Prof.Yemi Osinbajo has said the federal government would work out strategies that would help Nigeria’s electricity market come out of its current operational challenges, especially the financial troubles threatening its growth. Page 21

n.iriekpen@this

attacks on gas pipelines

Ejiofor Alike in Lagos and Chineme Okafor in Abuja

POLITICS Rivers Police Report and the Litany of Questions

R vers State Governor Nyesom W ke

TUESDAY FEBRUAR Y 14, 2017 •

Email davidso

Saudi Arabia Cuts Oil Outp ut, Shale Oil Problem Remains a

The recent rash of protests on both sides of the governance divide was healthy. First it underlined the increasing awareness of the people that they have a right to express themselves and to be heard. Page 15

WHAT MANNER OF VALENTINE FOR THE POLYAMOROUS IN NIGERIA

work and traffic snar s to en oy the day w th madam

NEWS

Discos Giv News Editor Davidson Iriekpe en 15 Days n to Submit Ac Verifiable Re curate, cords on MD Fashola: Nige A Debts ria loses 3,000 MW to

‘Managing the Boko Haram in Borno State: Crisis The acting President, lessons for a Experiences and Prof. Yemi multi-party, Osinbajo, has said what Nigeria ethnic and multi-religiou multineeds is a new s Nigeria’, Governor Kashim nation where Shettima of Borno and women are prepared men State alleged that Ali to the national enterprise first. put his predecessor, Modu Sheriff, He stated this hands of Boko played into the Haram insurgents. while paying yesterday in Abuja He blamed tributes to the legacies of the late Head Sheriff of State, General mismanaging the situation for Murtala Muhamme led to the rise that of Boko Haram the 2017 Murtala d, during insurgency. Memorial Lecture. Muhammed According to The event was restrained myself him, “I have organised by from blaming Murtala Muhammed the the previous Foundation government (MMF), a for the non-governmental emergence of Boko organisation, Haram, but the fact of the founded on matter is that ideals of the the Modu Ali late head of Sheriff, the states. Osinbajo, who allowed his ego former governor, to stand in the guest of honour,was the special of a dispute spoke to an between the army way L-R: Acting President audience, which and Olusegun Yemi had in attendance, followers of Mohammed diplomats, corporate Obasanjo (rtd.); Osinbajo; Chairman, Board Yusuf. “Ali Modu Sheriff and Vice Chairman, of Trustees, chieftains, leading politicians, mismanaged Muhammed Memorial Board of Trustees, Murtala Muhammed Lecture in Abuja...yest religious leaders, the crisis by ignoring the entrepreneurs, Murtala Mohammed Foundation and former situation, and he played erday philanthropists into the Nigerian president, Foundation, Mrs. other major stakeholders and insurgents.” Shettima hands of the Gen. Ajoke Muhammed in the that humanitarian , at Murtala former President,also alleged sector. “What we Goodluck Godwin Omoigui Jonathan, did not understand Nigeria where need is a new Boko the Haram crisis until are prepared men and women March 2013. The to enterprise first. put the national intenseBoko Haram crisis became echoed by the As it has been re- began in 2011 when Jonathan A top Organisation of the Petroleum earlier speakers, his term as president. Exporting is what Murtala Oil prices pared this Countries (OPEC) He said conspiracy member and after the release an earlier decline Reuters for,” the acting Muhammed lived as – theories oil producer, such Boko Haram of the report, trading president stated. calculation based Saudi above Arabia, Chief Olusegun $56 a barrel. on the countries by the northerners being sponsored its crudehas made a large cut Obasanjo, OPEC’s cut OPEC figures. in is supporting to destabilise the including Algeria, oil output in succeeded late The January to Muhammed in who government encumbered support prices expectations the market, but Agency International Energy Iraq, the United Arab EmiratesIran, and doubles office, from that the move as chairman taking proactive Jonathan helping boost and lessen a glut, (IEA) Venezuela and last week lead to a revival of the end to Board of Trustees will measures to compliance with the crisis. in U.S. shale drilling compliance at 90 per estimated than estimatedOPEC were higher group’s supply-redu the Murtala Muhammed(BoT) of the cent, calling by the secondary that a record. ction deal to having limited the rally. ”I think before sources. a record high Foundation, commended While of more than President Jonathan’s Saudi Arabia his 90 per OPEC Russia and 10 other nonOPEC his leadership predecessor for he didn’t fact-finding mission, cent. countries signed it made an even told OPEC that monitor uses two sets of data to qualities. understand The OPEC is output – figures bigger cut than Obasanjo, who the Boko curbing its output cut, OPEC in the report up to the estimated by Haram provided raised its reducing the secondary sources, by each country and 2017 non-OPEC to the setting was instrumental he said. crisis until March 2013,” by about 1.2 million barrels by secondary up the foundation, supply sources, January output day (bpd) from per 120,000 said: “When by more media. which include industry January bpd and now forecast by than 700,000 The governor the idea of keeping sees growth bpd said Boko Haram and 10 other non-OPEC 1 Russia of 240,000 he recent Murtala Muhammed bpd – lower than to 9.748 million disputes This is a legacy of old had inflicted bpd. rashdamages producers agreed of protests legacies was over real production conceived, we “The expected of about on$9both sidesto cut half as much. the OPEC deal. called for under billion governan did not know of the on the North-east, levels. With demand Supply from ce divide that are good support higher prices it will grow but how for OPEC The report said Firstititwould it has grown under crude oil in healthy. members with the 11 OPEC with take concerted andwas for underline production the good leadership 2017 marginal supply, producers all OPEC production targets d the increasin effort to under rebuild the region. members, including by to average 32.14 also expected awarenes of Mrs. Aisha particularly the deal fell g in United States Oyebode.” s of the people million bpd, exempted cutThe governor tight plays,” bpd last month, to 29.888 million OPEC the that they a right further implored the 890,000 Nigeria and Libya, fell by report indicates there will While delivering to express according to figures report said, using have Nigerians be zero bpd to 32.14 average surplus from no themselv the keynote to secondary another allow term address at the million be heard. themselves es and for shale. sources that OPEC if OPEC to be used bpd. output While Saudi Arabia to event with the Even uses formore steady. Last month’s keeps various them: Still, in January, positive told sectionalwas to monitor its output. OPEC President interests. report the reductions of a large drop in output, OPEC pointed to a 985,000-bpd published Vice the data Yemi Osinbajo figures provided by other in its monthly by the 11 OPEC members ’s response surplus. reportto In its report, are on the streets the Abuja protester yesterday. OPEC producers supply with OPEC targets to the s: “To those amounted to gave no protesting the 93 per picture.group gave a more mixed compliance figure. Reuters cent compliance who those who are economic situation saw an , according to earlier version a of the secondaryship, we hear not, but feel the pain of and Production levels economic hardyou”. reported by source figures last week that put compliance at As sound-b 92 per cent. ites go, that a season was

EDITORIAL Message from The Protests

OSINBAJO FG SECURES $1BN FROM SHELL TO DEVELOP NIGER DELTA n a few days “Tra n ng of 2 000 women from four oca government areas n greenhouse shr mp pou try farm ng for empowerment w commence soon “Env ronmenta remed at on s mportant throughout the ent re reg on ” Os nba o sa d He sa d that fears be ng expressed that these pro ects wou d be abandoned shou d not be enterta ned as they were not be ng hand ed a one by the federa

Discos Given 15 Days to Submit Accurate, Verifiable Records on MDA Debts The federal government yesterday gave seven of the 11 electricity distribution companies (Discos) which are yet to submit accurate records of the debts allegedly owed to them by its Ministries, Departments and Agencies (MDAs), 15 days to turn in their records for verification. Page 40

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21 Group Busine ss Editor ChikaA Email: chika.a manzenwachuk manze-Nwachuku wu@thisdayliv e.com 08033294157, 08057161321

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Quick Takes

OVH Energ

OVH Energy y Graduates Mechanics tion of over Marketing recently celebrated the company’s 200 mechanics from the third editiongraduaOleum Academy completion of the of an intensive initiative following providing professio successfu three nal mechanic month course aimed l to become s with the at automobile necessary skills technicians. The training offers participa including in-class nts instruction diverse learning mediums diagnosis, on subjects electromotive comprising Inaugurated and worksho auto academy wasin Lagos with just 100 p management. mechanics, conceived investment the by Oleum OVH and skills developm energy as bridging the ent programm a corporate e targeted at auto-repair skills gap amongst mechanic industry. s in the Nigerian The initiative in 2016, with has since grown and was mechanics from launched nationwid onboard. Uyo, Abuja e and Ibadan Commenting coming Lubes, OVH on the purpose of the Energy goal with Oleum Marketing Ltd, training, the Head of L-R: Divisiona academy was Lilian Ikokwu said: blue-collar “Our Joshua Yakubu;l Head, Retail Bank, Fidelity to create a workforce well-qualified who demands, by Obaro Odeghe; Executive Director, SharedBank, Richard Madebo; providing the are able to meet local remain relevant industry tools Millions ‘ promo,and Head Lagos Office, Services/Products, Deputy Director, Head, in the dynamic and resources required Fidelity Bank, National Lottery Lagos in Lagos...recently auto maintena to Chijioke Ugochukw Office, Consumer Regulatory Commiss nce industry.” Sale of Petrob u; Regional Bank Protection Council, ion, Durugo Head, Fidelity ras A Brazilian Nwakuche, at federal court Unit Suspended Bank, the Fidelity billion sale Bank ‘Get alert at the weekend of in suspende gas pipeline state-controlled Petróleo SUNDAY ADIGUN Brasileiro SA’s d $5.2 Brookfield unit to a group of investors natural Asset Managem led by Canada’s In a documen ent Inc . t seen by Reuters, ruled the transactio the Sergipe Chineme Okafor state-base be halted because n, which was to in Abuja be closed within d court of discrepan proceeded weeks, ENERG Y cies in the The Vice President with way Petrobras Petrobras said the sale. the financial , Prof. Yemi Osinbajo has later on Friday viability of He about the court’s sector to encourag the Osinbajo that it had government said the federal presentclaimed that though decision been the explained would work e private popriate judicial governme informed investmen and that it that: “The strategies that would out troubled power nt took over a efficiency ts, improved energy federal government it would appeal. measures” regardingplanned to take “apof Nigeria Nigeria’s help of operation sector with lots (FGN) and the case, indicatin electricity The sale of for all,” said access to power plan’, ‘power sector recovery al challenge market were come out of g the Osinbajo s that seeks to identify its (Nova Transpornatural gas transport preventing The Vice President . tional challenge current opera- it ation its progress, implement sustainabl and tadora do would however stated that Petrobras’ s, especially a dedicated Sudeste), wassystem, called NTS e measures financial troubles 2015-2016 divestitu to resolve the the team the main item financial threatening measures to revive it. initiate up in his office has been set in the re program its growth. of power sector. shortfalls me. to study the “The sector Auto CEOs was exposed troubles of the power Osinbajo made Bank is currently The World Want Fuel Rules to severe sector and The chief executive appropriately assisting the challenge a recent two-day the pledge at respect Federal Reviewed s of 18 major units have power sector to market s with the governm advise him and together Government to conference automakers put liquidity, forex requirem this plan.” organised and their US decision by urged President Donald steps needed ent on remedial ents for National Assembly by the participa the “As in fuel efficiency Obama administrationTrump to revisit nts, Discos market The team, he this regards. ment, a responsible governin Abuja, that through a collection rules through to lock in and it is importan said, a In a letter vehicle 2025. t we pay which include set of measures, for commercial losses, funding able to create a web has been our electricity sent late transmission Friday and portal with chief executive bills. My power Recovery Plan’ a ‘Power Sector gas infrastructure, daily briefing on the viewed by debts owed operational team is responsible for Reuters, being developed Fiat Chrysler s of General Motors by the governm by Gencos, and data of the electricity collating data from Automobiles Co, Ford Motor the each distributi American executive market company ent with the vandalism of gas to engender NV, Co, World Bank, pipelines on transpare Let me assure s at Toyota along with the top on , Honda Motor was confidentthe government governm you that this. operators’ activities and ncy in FGN ministriedebts owed by Co, Hyundai Motor Corp, Volkswag North and others it would soon dealings and s, departme with the public. ent, from the en Motor Co , pull the electricity urged Trump nts agencies in get go, has been Nissan Motor AG thousands to reverse order for While Co from the woods. market out address working diligently of to strategies listing some of the to settle our debts and FGN On Jan. 13, jobs could be at risk. the decision, warning these develop the also the governm the prime end challenges with planned Agency finalizedhead of the U.S. Environm ent mechanissustainable payment goal of ensuring to adopt to ental Protectio ms for future efficiency rules a determination get the sector through n bills,” that the instituted by its troubles, should be locked then President landmark fuel in through Continued Barack part of his on page 22 administration’s 2025, a bid to maintainObama As part of a key a 2012 regulatio climate legacy. 2018 whether n, EPA had emission rules to modify the 2022-2025 to decide by April model year than 50 miles requiring average fleet-wide vehicle Ejiofor Alike per gallon efficiency of agency in Novembe through more r moved up a “midterm review.” automakers ENERG Y The the timetable Oil and gas could meet The auto CEO the 2025 standard for proposing He noted default in the companies that 28 that the plans to s. deduction review “without letter asked Trump remittance and of the conduct a forensic audit provided a window forum NCDF Advisory to of one per “personal focus prejudging the outcome”reopen the midterm for all efficient covered entities Committee cent of recoverindustry to track the value for to understan and governance of contracts United States on steps to strengthe and praised Trump’s d and of the fund executed in they NCDF due payments on the the channels for paying n the economy and your commitm the held by some the one trust creating confidence percent NCDF in the of the oil and upstream sector ent to jobs companie and of industry to The NCDF in our sector.” was establishe s. before the audit, the Board henceforth, gas industry will, by “The Board stakeholders. adding Section 104 T H I S D AY opened up of the Nigeriand there were no exemptio that the Fund from participabe disqualified Oil • TUESDA Y, FEBRUA & Gas Industry ting in tenders for players in the ns for from for new contracts, RY 14, 2017 Content upstream sector. 2013, based utilisation the Nigerian Development (NOGICD He charged Content Developm proved operating on the apof 2010 and companies ) ent and provides that Act make the remittanc to segmente model Monitoring per cent of one NCDF Board (NCDMB d 70 per cent that e has announce TSAA accountto the Fund to financing of the ) upstream every contract in the “If the governm d. the Central sector of the with ent does Speaking in Bank of Nigeria interventions and Commercial Nigeria (CBN) Oil and Gas not Lagos resolve at 30 per cent a recent deducted industry shall stakeholders’ stressing that the for Developm be NCDMB forum on interest and issue of Nigerian Content the into the at source and paid does not operate an account and activities ental initiatives carried Fund. any commerc in Board result is that forex, the Fund (NCDF) Development ial bank. on behalf of out by the Wabote stated if remittanc markete Wabote the industry. es, the companie Executive Secretary rs Under go down, the that explained that s were defaultinsome NCDMB focused the tions, Commercial intervenMr. Simbi Wabote of NCDMB, their go down” banks will the Fund was the early g in in collection deduction also unveiled leveraged s, putting in years to provide 30 on contracts and remittance the per place operating model cent Partial they executed . for utilisa- Guarantee to commerci Chief Executiv tion of the fund, al banks e establishing the Oil and Compan Officer of Mainland

FIDELITY GET ALERT IN MILL IONS

PROMO

Osinbajo: FG Will Rescue Power Sector

PROPERTY Imperial International Business City to

Nigerian Con Defaulting Content Fund: FG to Disqualify tractors

Cost about $300m The first earthworks have started at the evolving Imperal Internationl Business City on the shorelines of the Lagos Lagoon and the city's development will last for five years. Dredging and shoreline protection works have started at the prime city that is being built on 200 hectares of land. Page 28

PROPERTY & ENVIRONM ENT

Imperial Int ernational Bu siness

The promoters Lagoon, are of Imperial City, a new work and live-in certain that inves as sustainable and green, is tors will reap a 100 per centcommunity, evolving on being built at the shores of returns on their he first earthworks a cost the Lago Continue y Limited, investment. d onof pageabout sold at N75,000 Mr. have started 22 Chris Igwe $300 at the metres, The city, conce s per million. Benn evolving Imperial Akioye said. square ived ett Oghifo repor “Right now, International Busi- But we do not have any left. ness City on in March ts and April the may shorelines we open

City to Cost about $300m

some Lagos Lagoon of the The residential areas.” development and the city’s medium zone has low, will last for and high years. Dredging five and all facilities density areas and shoreline protection are planned with an eye works have started Akioye at the prime for the future, built on 200 city that is being infrastrucsaid. “The kind hectares of of ture we are land. there The city’s development will last for putting being promoted is years; underground 40 to 50 through a joint venture arrangem drainage, waterways. ent between The HRM, Oba best technolog will use the Saheed Ademola Elegushi city flood-free. y to make the and Channeld Resources We rill are actually dredging at Ltd. 2 metres to At the end metres 2.5 of the day, cost of developin the are not above sea level. So, we g the city will going to have come close flooding problem. to $300 million, We are going said the Managing to have shoreline protection Director Channeldrill . The roads Resources Ltd, of are going to be Femi Akioye, built to suitable Mr. for sport at the cars. presentation of the as the first It is conceived city media in Victoria project to the eco-friend self-sustaining ly smart recently. Imperial Island, Lagos, city business that will be Internation Director, Business City al He said thebuilt in Africa.” ManagingMarine Projects, Royal neighbourhoodis situated in the are Haskoning reason they Director of DHV, Mr. Ronald building water Channeldri of Lekki Phase I. There are ll Resources Stive; Associate ways was Chief Executive Officer, because three Ltd, Mr. Femi Kedari Capital Director, Marine of DEME Group, to IIBC presently; access roads Lagoon “the city is on Akioye; representa Limited, Mrs. Dept, Royal Mr. Stefaan the tive of the Ife Fashola; Van Velthoven, through Lekki Freedom road smart and we are building Elegushi Royal Haskoning DHV, Mr. Geert and General at the presentati Phase 1 (Lekki and for the family, Mr. Third Roundabo on of the project Manager, Dredging Internation future. Wa- ment officially began Benson Evboren;Hendriks; terway transporta in August ut); Kunsenla to the media last year and Group al Services Road by 4th tion is in Victoria that the promoters gives us an opportunit to open up Island, Lagos… Nigeria Limited, part Lagos State going are hinging Lekki Epe highRoundabout of are y to build for the future. recently and the success optics cable; To do Saheed Ademola way; and Oba the working very closely we the project on cloud enabled the position of have to build smart, this, you Commun with government Elegushi Road by spare supermar of to build ication Netherlan you on this such Lagos as the commercia that within green to keep have smart city/house network and engineerin ds; Infrastruc l hub of healthy,” Nigeria and ket before the city you Jakande. Another ture people for West Africa can take infrastructure your boat g consultant he said. access road willing subscriber and on s – Mott be constructe Macdonaldto and join through the waterway the increasing investmen There d will be through United Kingdom; s; Mini the the Lekki-Epe ts on security would be central marina and water Femi Okunu going to have Lagoon. We are axis of the state. park; Mini and Master and town in the city Gulf by Jakande course; The sewage roundabout Gensler associates Plannerand a big Elegushi Royal Perimeter shopping mall, treatment and managem in family, 6-Star he – United and the first First Smart Shopping Fencing; Kingdom The city is the future. will be centralent plant.” There thesaid have “permission . split into zones. Mall in from would hotel in Africa, which Africa; cloud-enab The low density Lagos State supply of At for cooking be built by spy-eyed security led 24 hours were, the presentation last residential area and this wouldgas to extend their Government investors. has different week foreign piped plot Kingdom be the Lagoon a central security connected to gushi a representative of the The city will 800sqms and sizes: 650sqms, Also, to individual homes. to roads Elehave Royal family, center; Private waterfront 1000sqms electricity by 200 way; with walk and bicycle Data center; and Mr. Benson commercial Evboren; the in the city hectares. world waterways and mix-use ; but would be gas-powe “We have have larger and lakes hospital & recovery class Ronald Stive, contractors, Mr. started building within the city; plot sizes. Thezones would be complemered and but within Director, resort Projects, undergrou density residentia it is going low solar-pow nted by nd Zone. a dedicated Healthcar Royal HaskoningMarine to take until drainage; sewage l plots were 2031. The advantage ered e The project treatment DHV; water and Consultants Mr. Geert Hendriks, He said the electricity. that we water treatment; and contractor Associate city’s develop- have is that we Director, Marine plant; independ s are: Dredging are Company building Dept, Royal city from the ent gas Haskoning a electricity - Dredging scratch and DHV; Internaand cooking fired tional Limitedthis piped Executive Officer, Group Chief to every house; gas engineer and Belgium; Marine Limited, Mrs. Kedari Capital reclamatio fibre sultantsRoyal Haskoningn con- Mr. Stefaan Ife Fashola; and Van Velthoven DHV- DEME. of

1004Residents Brown Wate RemoveCommittee for r, Declining InfrastructureServing Fine and Coun Network 2017 try to Hold Real Estat e Leaders’

Bennett Oghifo

had over-staye Most home which expiredd their tenure, January owners and residents of 1004 Estate on January 2016 30, management returning the Lagos have in Victoria Island, was this year. The committe Every year of the Estate also indicted e to concern at expressed grave increase for arbitrary 1004 estates ltd., the of events brings its share session the disobediand its peculiar ence is Economic in the state gradual decline without in electricity challenges tariff order by HORA of the Court and Real Estate Outlook which might there, since of infrastructure transparenconsultation; lack culminated the unprepare 2017. Industry types, emerging choice take some residents cy and accountabi of electricity supply in the Estate’s d by surprise. leaders, high net-worth locations, forcefully stopped financing strategy Experts predicted being poorly viduals, investors, indifor developers the facilities very bad water supply; lity; managed by manager, 1004 Nigeria’s 2016 recession IG4 Power provision of developers and preferred payment and ited. and its impact and industry experts unbefitting administering Estate Ltd., from dren’s The vast Majority Limplans. The breakfast on the succeedin chilwill discussing the playground of the session is Some residentsit. in the estate. residents agreed that economy withbe designed for developers The past year g year. The concerned view said for about the estate was better six months , invesNigeria’s most was, arguably, for to providing a road-mapa tors, high net-worth residents also called 1004 Estate managed under optimising individuals, the removal members of now, after some power recent times. challenging in estate Ltd, before strategic real private wealth managers, of a were the House opportunities It, therefore, ers and Residents forcefully prevented they Own- Power supply company, management asset behoves the IG4 managing in 2017. top executives Limited, which Key Associatio financially (HORA) set real estate and to deliberate the facilities. from savvy Review discussion will allegedly investors’ up a managem n belongs to a be; ly prepare One of the frontline committee to and overview resident of Fine and Country trust. economic for manage facilitiesent estate, for what the Engineer economy from of the residents, trends that West Africa the estate, the they called Tony Ogunkoya in exorbitan largely impact 2016 to date; started operations will demanded t charges in Nigeria various sectors Pricing review and in the estate quality of service per in general accountability , who of N100 projections; in 2008, and has since has kilowatt. and Strategic and, the real processes in in Recently, house declined. sector in particular estate opportun the estate, said all residents also The concerned was investment the pacesetting leaderbecome owners he residents of disappointed premium real called in the ities . The real and solution estate sector the estate, at the turn times. Professor in challenging with estate market, of the Estatefor dis- of events, particularl tagged themselve who of significance is of paramount Keynote a plethora Pat. Utomi, Board managem Trustees (BOT), y with the s ‘Concerne of awards the as Residents of to ent committe the safest store it is, perhaps, expert Speaker, will proffer its credit. The organisatio and on 1004’, removed d the members that e, and of insight this executive members of partnered wealth. the board the immediate led to the dissolutio on the economy In light of with banks n has and ly vacate office. to of that committe of House like ZeOwners and n nith, Access, Country West this, Fine and estatehow it impacts the The Residents Asso- residents have inaugurat real to deliver First and Diamond, Africa, a global According to e. sector. ciation (HORA), real estate brand, eight-man caretaker Ogunkoya, ed an question on mandates Okonjo, CEO Whilst Mrs. Udo a committe “The specialising charged with . With Fine is committee e providing that of accounta vision which would and Country in West Africa , ability. premium real be in office of the facilitiesthe maintenance days.Prior They and host speaker, class real estateto be a worldservice through estate firm and to the appointmefor 60 we had to told us lies and exceptional will be offering an operator’s market leader The committeein the estate. marketing and a remove nt of have perspective , they said was HORA and 1G4 Power removed because inaugurated them. We international in each of the on strategic in the upper professionalism estate Limited, the destinations real which quartile of opportunities state of infrastruc of the poor by facility was being managed committee, which a caretaker in market, is holding it operates, the in 2017. 1004 Estate will be in Fine and by providing ture in office for 60 estate and unsurpass Limited. its Annual Real Estate Leadership days. In that besides, the But sentation willCountry’s pre- novative ed quality service, they court following a Lagos High days from now, we about 60 Network inbreakfast Gold focus on products and real estate injunction will session at unique delivered in elections to put in place hold overview for the investment opportuni Radisson Blu the year, another the management a diagnosis ties, on the 22ndAnchorage Hotel, opportunit committee.” of market and Country West Africa Fine a unique blend ies, strategic offers 2017. The theme of February, of profiling of intelligent purchasers, of the breakfast and pricing point creative marketing metrics, market-dr to iven product properties on a local, market regional, National and International level.

INTERNATIONAL Pakistan: Deadly Bomb Blast Rips through Lahore Rally Apowerful bomb blast on Monday ripped through a protest in the Pakistani city of Lahore, killing at least 11 people and wounding dozens, according to officials. The explosion went off in Lahore’s busy Mall Road during a rally attended by hundreds of pharmacists protesting against a new government law outside the provincial assembly building. Page 38

SPORTS Cameroon Targets P CameroonTargets Picking ck ng Four Po Points nts off Eagles Reigning African Champions, the Indomitable Lions of Cameroon are hoping they can pick at least four points off Nigeria’s Super Eagles when both teams clash in crunch 2018World Cup qualifiers starting 2018Wor dCupqua f ersstart ng inn August. Page 47

INTERNATIO

Pakistan: Deadl NAL y Bomb Blast Rip Lahore Rally s through

TUESDAY FEBRUAR Y 14, 2017 • T

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A powerful bomb ripped through blast on Monday responsibility Pakistani city a protest in the also woundedfor the attack, which powerful explosive of at least 30 at least 11 people Lahore, killing including device,” Al media personnel people, Jazeera’s Kamal struggle against dozens, according and wounding the protest. Hyder, covering from its to the blast site in reporting for the soul of grasp and a fight The explosion officials. Lahore, said. Pakistan,” he Witnesses told Several said went off in in a statement. Lahore’s busy the blast occurred Al Jazeera that scene afterambulances arrived at the Mall “We have the blast, near the a rally attended Road during assembly building when Punjab forces cordoned off while security against the fought this fight by hundreds pharmacists protesting of bomber the area on Mall terrorists among on a motorcycle a suicide Road, one of Lahore’s us, and will against a new government rammed “The road has main arteries. it until we continue to fight law outside the into a police vehicle. Two provincial assembly liberate our people senior off; been sealed police officials were right of this cancer Jamaat-ul-Ahrar, building. and avenge those in the explosion. reportedly killed evacuating now ambulances are who the wounded, Taliban-linked armed a Pakistani and also for have laid down their lives “The explosion the police group, claimed us.” several kilometres. was heard for gathered and security forces have at large numbers Lahore, in eastern It was a very around was Pakistan, the assembly buidling,” the site of an Easter Hyder said. Nawaz Sharif, Pakistan’s prime bombing that killed more Day minister, condemned than the attack and people in a public park last 70 vowed to step year. Jamaat-ul-Ahrar up the fight against armed groups claimed responsibility in the country. The Syrian government for that attack, “Terrorism isn’t well as for as signalled on Monday that it Our story has beena novelty for us. in Quetta a bombing at a hospital was to prisoner swaps ready to agree that killed one of constant with rebel groups, August last year. 74 people in a confidence-building measure that might help both attend peace talks.sides prepare to The government ready” for such is “continuously an exchange with rebel groups, “particularly in framework of the efforts being made for the coming meeting in Astana”, a news flash on the state-run Ikhbariya TV Al station said, citing an official source. Al Jazeera’s Andrew Simmons, reporting from the Gaziantep along Turkish city of the Syrian border, said it was “difficult to know how significant this is because there have been prisoner swaps Russia, Turkey in the past”. created a trilateraland Iran - who enforce the fragile mechanism to last month in ceasefire in Syria Astana - are set meet again in to the later this week. Kazakh capital The Kazakh foreign over the weekend ministry said government and that the Syrian had been invitedrebel delegations to attend the meetings, set for February 15-16. The meetings originally aimed in Astana were the truce in Syria, at consolidating in the fighting a nationwide halt established late December that in has steadily fallen apart over the past The Astana talks month. to pave the way were also meant towards peace negotiations Geneva, tentatively set to begin on February 20. “Originally, the was going to be thought was this get the ceasefire a final attempt to up in advance really tightened of but now there the Geneva talks, are it could be more suggestions that than that ... that there is some sort on the table that of peace deal for Geneva ... might have legs [it’s] said Simmons. not clear yet,” The Syrian government has conducted prisoner exchanges in the past with rebel groups a wide range of under the auspices of the Syrian Red the Internation Crescent and al Committee of the Red Cross.

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This month, in a rare move, the Syrian governmen t and rebel groups dozens of female swapped prisoners and hostages, some of them with their children, in Hama province in northwester n Syria. Syria’s main body approved, opposition a new delegation on Sunday, to take part in Geneva talks later this month, which includes blocs that haveRussian-backed of the armed been critical insurrectio against Syrian President Basharn al-Assad.

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TUESDAY FEBRUARY 14, 2017 • T H I S D AY

NEWS

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

Discos Given 15 Days to Submit Accurate, Verifiable Records on MDA Debts Fashola: Nigeria loses 3,000MW to attacks on gas pipelines Ejiofor Alike in Lagos and Chineme Okafor in Abuja The federal government yesterday gave seven of the 11 electricity distribution companies (Discos) which are yet to submit accurate records of the debts allegedly owed to them by its Ministries, Departments and Agencies(MDAs), 15 days to turn in their records for verification. Though it did not state what would be its next line of action if the Discos fail to heed its request, the government however explained that only four of the Discos -Abuja, Ikeja, Yola, and Ibadan, have submitted their debts records, and they are being verified by it. Eko, Enugu, Port Harcourt, Jos, Kaduna, Kano, and Benin Discos, it noted, have not responded to its call for their MDAs debt records. The 11 Discos have consistently claimed that the government’s MDAs were owing them billions of naira for electricity services rendered to them over the years. A communique on the outcome of the 12th edition of the monthly

power sector operators’ meeting which was hosted by Ibadan Disco as its Olorunsogo substation, contained this. It explained that the Minister of Power, Works and Housing, Mr. Babatunde Fashola, was at hand to oversee the meeting. The communique was provided to THISDAY in Abuja and stated that other issues discussed at the meeting included the impact of vandalism of gas pipelines on the country’s power generation, the sector’s poor revenue profile and completion of some transmission projects by the Transmission Company of Nigeria (TCN). “The meeting also noted the steps taken to address the liquidity issues (currently limiting the functioning of the sector), through the work currently underway to identify, verify and pay MDA debts to Discos, as well as gas debts and generation debts. “It was noted that Abuja, Ikeja, Ibadan and Yola Disco have complied with data requirements, and verification of their submission is underway on a first come first serve basis.

“A deadline of February 28, 2017, was issued to receive submissions on MDA debts from Discos and February 17, 2017, was set as a deadline for submission of audited and management accounts,” the communique stated. It stated that the acting President, Yemi Osinbajo is currently engaging communities in the Niger Delta to address their concerns and find a lasting solution to the challenges of pipeline vandalism which it said has led to severe limitations in power generation. On the efforts by the government to stabilise the governance of the sector, the communique said the inauguration of the new commissioners of the Nigerian Electricity Regulatory Commission (NERC), and the appointment of an interim Managing Director for the TCN to reform the company for a more robust service to the industry were two of the recent efforts of the government on this. On project completion, it said:

“TCN announced that OsogboEde line is fully completed, and is awaiting completion of the connected substation for energisation. This substation is to be completed in 12 months. The MD, Transmission Services Provider (TSP) also noted the completion of a transformer project in New Bussa, and announced that the substation should be ready for energising in six weeks following pre-commissioning tests. “TCN also reported progress on the following projects in the host (IBEDC) region: Abeokuta-IgbooraLanlate 132KV DC line, Odogunyan substation and transmission line, and transmission substation in Iseyin as well as transmission projects in Ago-Iwoye, Benin-Akure, Gamo-Ogbomoso and Magboro.” Meanwhile, Fashola has stated that the sabotage of gas assets and pipelines has decommissioned power generating plants and their ability to provide additional 3,000 megawatts of power to the

national grid. The minister has also commended Ibadan Electricity Distribution Company (IBEDC) for the progress the company has recorded in improving their distribution assets and urged the company to communicate the progress to the governor of the state, local government chairmen, traditional rulers and communitybased organisations, who are the company’s customers. “Let the local people be part of the handover and maintenance process; they will also develop an ownership for the assets when they are involved in its delivery so that they will ensure the safe-keeping,’’ he said. Speaking yesterday in Ibadan, Oyo State, at the 12th Power Sector Stakeholders’ meeting, hosted by the Ibadan Electricity Distribution Company (IBEDC), Fashola said generation would have been boosted above the current 3,500-3,800MW if the pipelines were back to deliver

another 3,000MW. According to him, the country would have been generating over 6,000MW if the gas pipelines were safe. “That sabotage has also created debt problem, shortfall in power expectation, and therefore, shortfall in recovery because consumers are more resistant to payment when they don’t have electricity, and I will be too and you will be too. And we see that they pay more when the power is more stable. Of course, there are issues also at the retail end – metering, estimated bills. Now, the reason why I have gone through this is just to reiterate that all of us have an understanding of the problems and all of us have different roles to play in solving those problems,” Fashola explained. “You will see that government has begun to act. The vice president, representing the president, is going round those Niger Delta communities, engaging them more

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Osinbajo, Obasanjo, Others Pay Tribute to Murtala Muhammed Shettima blames Sheriff for Boko Haram’s deadly activities Ogheneuvede Ohwovoriole in Abuja The acting President, Prof. Yemi Osinbajo, has said what Nigeria needs is a new nation where men and women are prepared to put the national enterprise first. He stated this yesterday in Abuja while paying tributes to the legacies of the late Head of State, General Murtala Muhammed, during the 2017 Murtala Muhammed Memorial Lecture. The event was organised by the Murtala Muhammed Foundation (MMF), a non-governmental organisation, founded on the ideals of the late head of states. Osinbajo, who was the special guest of honour, spoke to an audience, which had in attendance, diplomats, corporate chieftains, leading politicians, religious leaders, entrepreneurs, philanthropists and other major stakeholders in the humanitarian sector. “What we need is a new Nigeria where men and women are prepared to put the national enterprise first. As it has been reechoed by the earlier speakers, this is what Murtala Muhammed lived for,” the acting president stated. Chief Olusegun Obasanjo, who succeeded late Muhammed in office, and doubles as chairman of the Board of Trustees (BoT) of the Murtala Muhammed Foundation, commended his predecessor for his leadership qualities. Obasanjo, who was instrumental to the setting up the foundation, said: “When the idea of keeping Murtala Muhammed legacies was conceived, we did not know how it will grow but it has grown under the good leadership of Mrs. Aisha Oyebode.” While delivering the keynote address at the event with the them:

‘Managing the Boko Haram Crisis in Borno State: Experiences and lessons for a multi-party, multiethnic and multi-religious Nigeria’, Governor Kashim Shettima of Borno State alleged that Ali Modu Sheriff, his predecessor, played into the hands of Boko Haram insurgents. He blamed Sheriff for mismanaging the situation that led to the rise of Boko Haram insurgency. According to him, “I have restrained myself from blaming the previous government for the emergence of Boko Haram, but the fact of the matter is that Ali Modu Sheriff, the former governor, allowed his ego to stand in the way of a dispute between the army and followers of Mohammed Yusuf. “Ali Modu Sheriff mismanaged the crisis by ignoring the situation, and he played into the hands of the insurgents.” Shettima also alleged that former President, Goodluck Jonathan, did not understand the Boko Haram crisis until March 2013. The Boko Haram crisis became intense in 2011 when Jonathan began his term as president. He said conspiracy theories such as – Boko Haram being sponsored by the northerners to destabilise the government encumbered Jonathan from taking proactive measures to end the crisis. ”I think before President Jonathan’s fact-finding mission, he didn’t understand the Boko Haram crisis until March 2013,” he said. The governor said Boko Haram had inflicted damages of about $9 billion on the North-east, and that it would take concerted effort to rebuild the region. The governor further implored Nigerians no to allow themselves to be used for various sectional interests.

KEEPING THE MEMORY OF MURTALA MOHAMMED ALIVE…

L-R: Acting President Yemi Osinbajo; Chairman, Board of Trustees, Murtala Muhammed Foundation and former Nigerian president, Gen. Olusegun Obasanjo (rtd.); and Vice Chairman, Board of Trustees, Murtala Mohammed Foundation, Mrs. Ajoke Muhammed, at Murtala Muhammed Memorial Lecture in Abuja...yesterday Godwin Omoigui

Saudi Arabia Cuts Oil Output, Shale Oil Remains a Problem A top Organisation of the Petroleum Exporting Countries (OPEC) member and oil producer, Saudi Arabia, has made a large cut in its crude oil output in January to support prices and lessen a glut, helping boost compliance with the group’s supply-reduction deal to a record high of more than 90 per cent. The OPEC is curbing its output by about 1.2 million barrels per day (bpd) from January 1 Russia and 10 other non-OPEC producers agreed to cut half as much. Supply from the 11 OPEC members with production targets under the deal fell to 29.888 million bpd last month, according to figures from secondary sources that OPEC uses to monitor its output. OPEC published the data in its monthly report yesterday.

Oil prices pared an earlier decline after the release of the report, trading above $56 a barrel. OPEC’s cut is supporting the market, but expectations that the move will lead to a revival in U.S. shale drilling having limited the rally. While Russia and 10 other nonOPEC countries signed up to the cut, OPEC in the report raised its 2017 non-OPEC supply forecast by 120,000 bpd and now sees growth of 240,000 bpd. “The expected higher prices are good support for producers with marginal supply, particularly in United States tight plays,” the OPEC report said, using another term for shale. Still, in January, the reductions by the 11 OPEC members with supply targets amounted to 93 per cent compliance, according to a

Reuters calculation based on the OPEC figures. The International Energy Agency (IEA) last week estimated compliance at 90 per cent, calling that a record. Saudi Arabia told OPEC that it made an even bigger cut than estimated by the secondary sources, reducing January output by more than 700,000 bpd to 9.748 million bpd – lower than called for under the OPEC deal. The report said production by all OPEC members, including cutexempted Nigeria and Libya, fell by 890,000 bpd to 32.14 million bpd. While Saudi Arabia told OPEC of a large drop in output, figures provided by other OPEC producers to the group gave a more mixed picture. Production levels reported by

countries including Algeria, Iran, Iraq, the United Arab Emirates and Venezuela to OPEC were higher than estimated by the secondary sources. OPEC uses two sets of data to monitor output – figures provided by each country and by secondary sources, which include industry media. This is a legacy of old disputes over real production levels. With demand for OPEC crude oil in 2017 also expected to average 32.14 million bpd, the report indicates there will be zero average surplus if OPEC keeps output steady. Last month’s report pointed to a 985,000-bpd surplus. In its report, OPEC gave no compliance figure. Reuters saw an earlier version of the secondarysource figures last week that put compliance at 92 per cent.

TUESDAY FEBRUARY 14, 2017 • T H I S D AY

NEWSEXTRA

PDP Strong, Still Popular, Despite Loss of Power, Says Jonathan

Tukur optimistic of recovery Anenih urges support for Jonathan’s move to re-position party

Iyobosa Uwugiaren and Onyebuchi Ezigbo in Abuja Former president, Dr. Goodluck Jonathan, has said the loss of the presidential election in 2015 did not in any way diminish the grassroots popularity and size of the Peoples Democratic Party (PDP). Also, two of the founding fathers of the party, its former National Chairman, Alhaji Bamanga Tukur and former Chairman of the Board of Trustees (BoT), Chief Tony Anenih, both shared similar view on the electoral strength of the PDP when they spoke yesterday. Against the background of complaints about the performance of the party, the former president said for the country to grow there is need to ensure strong institutions that can stand the test of time. He warned against the weakening of institutions of democracy such as the Independent National Electoral Commission (INEC). Ex-President Jonathan made the remarks while receiving a delegation of the PDP Strategy Review and Inter party committee who visited him yesterday to give him their report. While commending the committee for doing a good work, an obviously impressed Jonathan said the PDP was still the biggest and the strongest party in the country despite the loss of the presidential election in 2015. “PDP is still the biggest and the strongest party, irrespective of what happened in 2015 general elections. Yes, we lost the presidential election but that doesn’t diminish us. Every other party still know that PDP is a leading party. Lossing the presidency is something temporary. We should be able to get that position back as long as we are able to get our a it together. I am happy that you people are working towards that,” he said. The former president expressed optimism that the PDP will bounce back to reckoning by 2019, adding that the party still

has the most penetrating structures in every part of the country today. Speaking during the brief meeting with Jonathan, the leader of the PDP delegation Professor Jerry Gana expressed worry over the conduct of elections under the present INEC, lamenting that the electoral umpire is losing the independence that it gained under the Jonathan-led PDP administration. Gana took time to explain some details about the work done by his committee of Strategy Review and Inter party affairs. He told the former president that as part efforts to rebuild and refocus the party the committee has recommended amongst others the need to mobilize the youths and women folks through empowering the formation the of youth wing and women wing. He also briefed the former president on the progress being made to align forces with other opposition parties which he said included SDP, AD, Accord Party and some groups in APGA and Labour Party. Jonathan, who saw the intervention made by the national caretaker committee led by Senator Ahmed Makarfi to set up the committee as a welcomed one, also noted that the best way to check imposition of candidates on the party is to make sure that delegates are not controlled by few individuals. “The best way to stop imposition is to make sure that people don’t control the delegates. If we go by delegate election, it would be easiest to manage. How to select delegates is that at least 70 per cent of the delegates should not be under the control of anybody.” he said. He said that the direct primary option which the committee recommended is ultimately the best form of election but cautioned that that it is difficult to manage as compared to the indirect delegate method. He said one of the greatest challenges facing the party is the issue of imposition of candidates and lack of internal democracy,

KPMG to Undertake Forensic Audit of Arik Air Chinedu Eze The new management of Arik Air has appointed KPMG, a world-class financial expert, to undertake a forensic and diagnostic audit of the finances of the airline to ascertain the true status of its finances. This was disclosed in a statement yesterday issued by Simon Tumba of SY&T Communications Limited, media consultant to the Asset Management Corporation of Nigeria (AMCON). According to the statement, the review would among other objectives, cover the position of assets and liabilities, and their utilisation; recording and utilisation of loans, propriety of third party transactions; fraud controls over procure to pay (‘PtP’), agents and business partners and financial reporting and Arik Airline’s financial position as at January 31, 2017. The report is expected to be delivered

within 12 weeks. “We have hired KPMG to look into the financial position of Arik with a tooth comb and advise us with verifiable facts on what went wrong with the airline. We need to do that because the outcome will help us plug the loopholes and stabilise the airline,” the statement added. It noted that the whole intention is to identify what went wrong with Arik to enable the new management to bring it back to full operations. The federal government intervened on February 9, 2017 in the airline following daunting complaints of huge indebtedness of the airline to various creditors and the frequent interruptions in its operations, and the concern to safety and security. But even before the planned AMCON had alleged Arik owed over N300 billion debts.

hence the move to adopt direct primary. He suggested that the party can come up with an initiative that will ensure that people that had held certain offices in the past are made statutory delegates. According to Jonathan, this will reduce the level of manipulation because such statutory delegates who are prominent individuals will be difficult to manipulate or hijack. Among those that accompanied Prof. Jerry Gana to the consultative visits, were two former governors, Babangida Aliyu (Niger), Achike Undenwa (Imo), Prof. Tunde Adeniran, Prof. Rufai Alkali, Chief Roymond Dokpesi, Hon. Shehu Garbam and Senator Stella Omu. At Alhaji Bamaga Tukur’s residence in Abuja, Jerry Gana told him that the PDP delegation had come to intimate him about the report of the Strategy Review and Inter party committee. He described Tukur as one of the key owners of the PDP, adding that he still remains a major stakeholder despite his retirement from politics.

He said some of the key recommendations of the committee, include the introduction of direct primaries, He said apart from the interferences in the conduct of election by INEC, the present APC administration has been associated with oppressive tendencies which has led to political prisoners which never reared its ugly head during the entire 16 years of PDP administration. Another port of call for the PDP delegation was the house of the former chairman of BoT, Chief Tony Anenih, who lamented that the party would have gone beyond the stage it is now but for selfishness of its leaders. Anenih advised the party leaders to support Jonathan in the task of reorganising and strengthening the party. He said he would show more than a passing interest in issues affecting the nation even though he had last year announced his withdrawal from active partisan politics.

He said the PDP and its leaders should not be embarrassed if they see him embark on visits to either President Muhammadu Buhari or Vice President Yemi Osinbajo in order to meet minds on issues of national interest. The former BoT chairman restated his position, which he made last year at the public presentation of his book, that he would no longer be available for night political meetings but would not be hesitant to offer advice to the PDP if the party leaders decide to tap from his wealth of experience. He, however, had harsh words for the party leaders whom he accused of promoting their selfish interests, saying: “PDP is where it is today because of selfishness on the part of its leaders, a vast majority of whom want to be either presidential candidate or national chairman of the party.” Anenih also slammed those who benefited so much from the party and later defected to the All Progressives Congress

(APC), saying that was not the best way to reward a party that offered them its platform to actualise their aspirations. “I believe in consistency. I joined party politics in 1978 and since then, I have never left any party that I joined for another. It is very shameful that people would do that, particularly those who had benefited so much from the PDP,” he said. In her remarks, a member of the delegation, Senator Stella Omu, said the party had realised that for the party bounce back and to perform well in the 2019 election, peace and unity were very critical. The committee comprises former Niger State Governor, Babangida Aliyu; Senator Ibrahim Idah, Professor Rufai Alkali, Dr. Bawa Kasali, Senator Stella Omu, High Chief Raymond Dokpesi, former Imo State Governor, Chief Achike Udenwa; Jide Adeniyi, Hon. Shehu Gabam, Hon Auwal Tukur and Hon. Margareth Itche

C’TTEE SET FOR RE-NEGOTIATIONS WITH ASUU

L-R: Member, Federal Government Committee for Re-negotiating 2009 FGN/University-based Staff Unions’ Agreement, Mr. Nimi Briggs; Chairman of the Committee, Mr. Wale Babalakin (SAN); and Minister of Education, Mr. Adamu Adamu, during the inauguration of committee in Abuja… yesterday

FG Inaugurates Committee for Re-negotiation with University Unions Kuni Tyessi in Abuja In order to stem the tide of incessant and protracted strikes in the Nigerian tertiary institutions, especially universities, and to ensure that the bone of contention between unions and the federal government is progressively buried, a 14-man committee has been inaugurated. The committee which is headed by Mr. Wale Babalakin (SAN) is expected to re-negotiate the 2009 federal government/university based staff unions agreement. The Minister of Education, Malam Adamu Adamu, who inaugurated the committee, said the re-negotiation team is significant as it confirms to the unions that government is committed to

keeping to its own side of the promise, and in ensuring that an environment that is conducive for learning, teaching, research and community service is engendered through lasting industrial harmony. He encouraged the team to undertake the responsibility with patriotism, dedication, mutual trust and selflessness, considering that the future and stake of the university system will be affected by its successes or otherwise. “Today’s inauguration kick-starts our drive for re-negotiation across the three segments of tertiary education sub-sector- universities, polytechnics, and colleges of education, starting with that of universities. Subsequently, the teams of the re-negotiation with

the polytechnics and colleges of education, would be constituted as soon as their respective governing councils are put in place.” In response, the leader of the team, Babalakin, assured the unions of its commitment towards ensuring that there is no stalemate between the two parties and pledged that its objective will be in creating a better educational system. “A conducive environment in the tertiary institution is the bedrock for the development of a nation’s intelligentsia. A nation’s development can be seriously enhanced by the active participation of the intelligence in the pursuit of the country’ developmental goals. “We also want to assure you that we intend to rise beyond

your expectations for the fourth realms of tertiary education in Nigeria. This task should not be underestimated and with the commitment of all, it could provide a serious enhancement for education in Nigeria.” Members of the committee include Prof. Munzali Jibril, Pro-Chancellor, Federal University, Lafia, Prof. Nimi Briggs, ProChancellor, Federal University, Lokoja, Senator Gbemisola Saraki, Pro-Chancellor, Federal University, Otuoke, Lawrence Ngbale, Pro-Chancellor, Federal University, Birnin Kebbi, Prince Alex Mbata, Pro-Chancellor, Imo State University, Owerri and Prof. Olufemi Bamiro, Tai Solarin University of Education, Ijagun.

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Alaibe Proffers Funding Options for 2017 Budget, Solutions to Niger Delta Militancy Ndubuisi Francis A former Special Adviser to the President on Niger Delta, Chief Timi Alaibe, has said he is confident that if efforts are stepped up to restore relative peace, safety and security in the Niger Delta, the nation may not resort to huge external borrowing to fund the

2017 budget. “We really may not have to resort to heavy external borrowing to fund the 2017 budget once the right steps are taken by the administration in the Niger Delta,” Alaibe, a former Managing Director of the Niger Delta Development Commission (NDDC), said yesterday in Abuja as a guest on THISDAY Live, a

APC Revokes Disciplinary Actions by State Chapters Sets up peace committee Onyebuchi Ezigbo in Abuja The All Progressives Congress (APC) has nullified all the sanctions meted out by the state chapters of the party, including the suspension and expulsion clamped on key officers. Ahead of the national convention of APC tentatively fixed for April, the National Working Committee (NWC) of party said it had decided to set up peace and reconciliation committees to intervene and resolve intra party crisis bedeviling some state chapters. Crises in some of state chapters of the APC have lingered for a while and in some cases threatening to engulf the national leadership, Some of the states where the APC is experiencing intra party crisis presently include, Kano, Ondo, Rivers, Kaduna, Bauchi, Kogi and Katsina States. In addition, some notable personalities in the party have either been suspended or expelled. For instance, persons like Senator Shehu Sani, representing Kaduna Central, the Deputy National Publicity Secretary, Timi Frank, and Chairman of the Kano State chapter, Alhaji Doguwa were suspended by the relevant state and zonal organs of the party for various allegations bordering on anti-party activities. Astatement issued yesterday by its National Publicity Secretary, Mallam Bolaji Abdullahi, said the order to seeks to reverse all actions taken as a result of the internal crises, leading to suspensions of party leaders and other members. The party, however, directed the state chapters to ensure that where such actions were already taken, the state chapters should be strictly guided by the relevant provisions of the party’s constitution on disciplinary procedures. “Concerned by this ugly trend and as part of preparation for its nonelective national convention which is expected to hold not later than April 2017, the NWC has decided to set up the committees to resolve all outstanding issues in order for the party to have a united front going to the convention. “The committees will be made up of senior members of the party and the some members of the National Executive Committee (NEC). They will have the mandate to investigate all issues with view to finding a lasting solution and reconciling members in the affected states. “In the interim, the party has directed that where actions have been taken and disciplinary measures applied, state chapters should be strictly guided by the relevant provisions of the Party’s constitution on disciplinary procedures. “Therefore, where those actions have been taken in breach of the processes and procedures that are

laid down in the party constitution, such actions should be reversed and the status quo maintained pending the intervention of the peace and reconciliation committees.”

breakfast show on Arise Television. He blamed the continuing restiveness in the Niger Delta on the glaring failure of successive federal government to follow through with the Niger Delta Master Plan that was commissioned by the Olusegun Obasanjo administration and executed by the NDDC while he served as the commission’s Managing Director. “There is really nothing new to be said about the situation in the Niger Delta. All that needs to be said and all that we need to do and where we need to do them are succinctly captured in the Niger Delta Master Plan,” Alaibe said, adding: “If you have massive infrastructure, if you have good roads and bridges to open up the Niger Delta, you will not have the recurrence of incidences of militancy in the region.” According to him: “After President Obasanjo left office, I had the

opportunity of briefing President Yar’Adua severally on the Master Plan and parts of the briefing led to the Amnesty Proclamation and the Presidential Amnesty Programme for the Niger Delta. Unfortunately, Yar’Adua died and the processes were not followed through after his death.” The former NDDC boss said the Amnesty Programme derailed when the administration of President Goodluck Jonathan curiously stopped at the implementation of just one of its component. He explained: “What you refer to as the Amnesty Programme today was originally designed to have five broad areas of focus, namely: the Disarmament, Demobilisation and Reintegration (DDR) of ex-agitators who accepted the offer of amnesty; there was the infrastructure development component which was supposed to address the

huge infrastructure deficit in the zone; there was the environmental remediation component, which was to address the much needed clean up of communities that have for decades suffered pollution and other environmental challenges stemming from the exploration and exploitation of oil and gas; there was an aspect that was supposed to help work out ways communities can have stakes in oil and gas exploration and production and of course aspects of the original amnesty package offered communities the opportunity to gainfully participate in pipeline surveillance and protection. The opportunities were huge but the past administration implemented just the DDR component.” He, however, lauded the efforts of the Muhammadu Buhari administration to prioritise the restoration of sustainable peace

and development in the Niger Delta. “I commend the on-going peace and fact-finding shuttle of the Acting President, Professor Yemi Osinbajo, to states and communities in the Niger Delta,” Alaibe said, adding: “It is a very good thing and it is an indication that this administration is keen on working with leaders of the region to implement the 16-point agenda for the Niger Delta submitted to President Muhammadu Buhari late last year.” The N7.2 trillion 2017 budget, currently being considered by the National Assembly, is largely predicated on oil production of 2.2 million barrels per day and on an oil price of $42 per barrel. Energy experts, however, worry that this projection may be a far cry given that for most of 2016, Nigeria did not produce up to 2 million barrels per day due to the restiveness in the Niger Delta.

Tax Breakfast Meeting Topic: 2017 Budget – Implications for Business and Tax We will have a distinguished panel of four (4) Executives discuss the implications of the budget for Banking, Consumer & Industrial Markets, Oil & Gas and Taxation. The session promises to be engaging and value-adding. We will also launch the maiden edition of our annual Nigerian Tax Journal at the event. Date Thursday, 16th February 2017

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TUESDAY FEBRUARY 14, 2017 • T H I S D AY

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Regional Integration: S’West Govs to Adopt Uniform Education, Security, Agric Policies Victor Ogunje in Ado Ekiti As part of efforts to strengthen the economic relations in the South-west of the country, governors in the region yesterday adopted a resolution to pursue a common educational, security and agricultural policy for the zone. In a communiqué issued after the meeting held in Ado Ekiti, the Ekiti State capital yesterday, the governors agreed to make it a matter of compulsion to monitor federal government’s budgetary allocations to agriculture to the zone, to boost farming and make i a common interest in the region.

The communique read by the host Governor, Mr. Ayodele Fayose, said it was expedient for the zone to exchange notes in the area of security through convergence of security chiefs and other intelligence institutions to manage the aerial, land and waterway security architecture of the zone. Governors at the meeting were: the host, Fayose, Rauf Aregbesola (Osun), Senator Isiaka Abiola Ajimobi (Oyo), Dr Olusegun Mimiko (Ondo), Mr. Akinwumi Ambode (Lagos ) and Senator Ibikunle Amosun of Ogun State, who was represented by his deputy, Mrs. Yetunde Onanuga.

Court Adjourns Justice Ngwuta’s Trial to March 16 as FG Gets New Prosecutor Alex Enumah in Abuja The trial of Justice Sylvester Ngwuta, a judge of the Supreme Court for corruption-related offences has been adjourned till March 16 and 17, 2017. The adjournment was predicated on a request by new counsel to the federal government, Olusegun Fakunle, for time to study the case file. Ngwuta is being prosecuted by the federal government on a 16-count charge bordering on corruption, money laundering and other financial crimes. At the last sitting, lawyer to the federal government, Charles Adeogun-Philips, who was engaged for the high profile case from the International Criminal Court (ICC) due to his wide experience in criminal matters, announced his dramatic withdrawal without giving any reason. Following this announcement, a new counsel, Hajara Yusuf, announced her appearance as a replacement for the ICC Lawyer to lead the prosecution. However, after the end of cross examination by the defence led by Kanu Agabi (SAN), Yusuf requested

for a short adjournment to enable the prosecution constitute a new prosecution team. The trial judge, Justice John Tsoho, consequently adjourned to February 13 for continuation of trial and re-examination of the prosecution witness. However, at the resumption of trial yesterday, a new prosecution counsel hired by the federal government, Olusegun Fakunle, prayed the court for a short adjournment to enable her go through the case file. Fakunle told the court that she was briefed about the matter few days ago after she was informed that the matter was for re-examination. She told the court that for her to carry out a successful reexamination, she would require a short time to study the case file and subsequently interview the witness before taking further steps. “I know this is not a bid to slow the space but as a matter of necessity, I will be obliged if my application is considered,” she added. Counsel to the defendant, led by Chief Kanu Agabi (SAN), did not object to the application.

Akure Traditional Prime Minister, Two Others Die in Accident James Sowole in Akure The Prime Minister and Olisa of Akure Kingdom, the Ondo State capital, Chief Raymond James Olusoga and two others late Sunday lost their lives in a fatal auto accident which occurred at Kwali in the Federal Capital Territory (FCT), Abuja. Two other persons that died in the accident were Prince Tunde Adesida and a lawyer, whose name could not be ascertained as at the time of filing this report. The late Olusoga, aged 79, was a former Director in the Federal Ministry of Works and Special Adviser to the Ondo State Government on Infrastructure. According to a source, Olusoga, was in Abuja in order to meet with those in charge of his pension before he met his death. A family source said Olusoga was in Abuja on the invitation of the senator representing Ondo Central senatorial district, Senator Omotayo Alasoadura,

to meet with Senate Committee on Pension in order for him to rectify the anomaly in his pension. According to him, the Prime Minister of Akure Kingdom who is next in rank to the Deji of Akure, has not received pension since he retired from federal service over a decade ago. Confirming the death in Akure, the state capital yesterday, the Secretary of Olisa /Ogelemodu Dynasty, Mr. Tayo Abisola, said the Olisa died on his way to Abuja in order to process his pension. According to him, the Olisa left Akure for Abuja on Sunday for a meeting on his pension to be held yesterday. “There was a serious accident on the road in Kwali Mathematical Centre and Baba passed on. Three of them died in the accident. I leant a truck hit them from behind and they died instantly, he said.” Abisola said the family would miss the Olisa for his generosity and passion for the development of Akure kingdom.

The governors agreed to build a multi-modal transportation systems, including highways, water and air, energy and power, leisure and entertainments as well as in infrastructure to expand the economic frontiers of the region. “The governors were unanimous in addressing the declining moral standards and put in place structures to manage the loss of values and virtues in the society. A first step is a quality assurance and morality framework as a critical part of regional education. “One centre each is to be donated by the governments of the states in the South-west regional centre of excellence,” he said. Governor Ambode of Lagos State also showed commitment towards making his state a critical stakeholder and critical part of Odua Investment

Group. Fayose said the governors also adopted the South-west Regional Integrated Commercial Agriculture Development Programme (RICARD), with Lagos to champion a structured regional food exchange programme. “We also approve the report of the sports development strategic plan of action for South-west. Lagos was carefully chosen to host of DAWN inter-collegiate games to strengthen the bonds and competitiveness among the youth in the region. “States were also mandated to design modalities to key into the proposed rail project as a primary driver of inter-modal transportation system for the whole region.” The governors agreed to host the next meeting in Ogun State in April, 2017. Speaking at the opening session of the programme, Fayose said the

federal government’s allocation in the N7 trillion 2017 budgetary provision to the South-west was inadequate and meagre to drive development in the zone. He also canvassed for a concerted effort to tackle the menace of rampaging herdsmen in the zone, to boost commercial agriculture and to spur the youths to embracing commercial agriculture. The governor pointed out that to move the South-west zone forward, there must be respect for the political beliefs and opinions of others and urged the governors to refrain from doing anything that will undermine one another. “For instance, in the 2017 federal government budget, the South-west is one of the least beneficiaries. The federal government’s 2017 budget is sabout N7 trillion and the only

capital project allocated to Ekiti State is the Akure-Ado Ekiti road to which N250 million was earmarked. “What can N250 million do on Akure-Ado road that is begging for reconstruction? There is even no guarantee that the N250 million budgetary provision will be made available at the end of the day. I am sure this is applicable to other states too compared to other zones. “We must therefore ask pertinent questions. How much did the federal government allocate to irrigation, construction of dams and storage facilities to boast agriculture in the South-west? “We must equally take collective interest in the annual national budgettoensurethatstatesintheSouthwest are adequately catered for. This we must do by using our technical people to study the budget and make inputs on our behalf,” he said.

GUNNING FOR UNITY

L-R: Chairman, Peoples Democratic Party (PDP) Strategy Review and Inter-party Affairs Committee, Prof. Jerry Gana; Senator Ibrahim Idah; former President, Dr. Goodluck Jonathan; and former Governor of Niger State, Babangida Aliyu, during the PDP leadership visit to present the report of the committee to the former president at his residence in Abuja ....yesterday

Rising Cost Compels LASG to Increase Bus Fares by 50% Gboyega Akinsanmi The Lagos State Government yesterday approved fare increase between 20 and 50 per cent for all mass transit buses operating under its franchise, blaming the decision on rising cost and the depreciation of the naira. The state government added that it had become imperative to review the fare upwards, lamenting that rising inflation and the foreign exchange crisis have “seen average cost of operations increase to up to about 110 per cent.” The Managing Director of Lagos Metropolitan Area Transport

Authority (LAMATA), Mr. Abiodun Dabiri, disclosed this in a news conference he addressed with the Managing Director of LAGBUS Asset Management Limited, Mr. Idowu Oguntona, appealing to the commuter to bear with the state government. At the conference also attended by the Managing Director of Primero Transport Service Limited, Mr. Fola Tinubu, Dabiri, the increase was necessitated by the economic downturn in the country, which had affected the transportation sector drastically. As a result of the economic downturn, LAMATA’s managing

director said public transport “has been severely impacted as all related costs had escalated beyond any financial forecast or projection. “The current government was focused on a strategic reform of the public transport operations in order to create world class public transport infrastructure and support for operations that is modern, cost effective, safe and sustainable on the long run.” He noted that the licensing of private sector operators “to provide an affordable and safe operation was part of this ongoing process. The current financial crunch, however, has seen average cost

of operations increase to up to about 110 per cent. With cost of fueling going up by 71 per cent, oil prices up by 64 per cent, tyres costs up to 90 per cent, continued operation is thereby threatened. “With government responsibility to avert a collapse of the franchise scheme which currently serves over 500,000 commuters daily, the Lagos State Government had to consider the request of the operators for an upward review of bus fares. It is important to note that current prices on some of these schemes have stayed constant for more than six years for some operators.”

FG GIVES DISCOS 15 DAYS TO SUBMIT ACCURATE, VERIFIABLE RECORDS openly, more robustly,” he added. “I believe that if we are successful as we expect to be, we should be able to sometimes this year recover all the 3,000MW that has been lost to gas pipeline outages. But beyond that government is also taking some steps to ensure that solutions are provided this year so that results begin to reach where the people are,” Fashola said.

According to him, one of the steps the government has taken was to constitute NERC, and the appointment of new managing director for TCN. The minister said the government had made progress in resolving some of the liquidity issues. “I believe that within the last one month, some of the payments that were due to some of you

ought to have been remitted by Nigerian Bulk Electricity Trading Plc (NBET) as they promised. If they haven’t been remitted, I assure you it is only procedural process. The approvals have been given; you will get the money. But what is more important is that we have spent the last month holding top-level government meetings to identify the debts owed to the gas companies

and the generation companies and in the shortest possible time that it will require us to do so, we intend to settle the outstanding liabilities, debts and to provide a comfort assurance from government that every month those who actually produce power will get paid. So, we will conclude that very soon,” Fashola explained. He argued that Nigerians are

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NNPC Initiates New Measures to Forestall Scarcity of Petroleum Products Details DSS to follow marketers in new arrangement Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) yesterday disclosed its initiation of fresh

elaborate measures to sustain supply of petrol, diesel and kerosene across the country to forestall possible scarcity of the products.

IPOB Declares 17 Members Missing after Assault by Troops in Asaba Emmanuel Ugwu in Umuahia The Indigenous People of Biafra (IPOB) yesterday said no fewer than 17 of its members remained unaccounted for following the alleged crackdown by troops on the activists who were meeting at the weekend in Asaba, the Delta State capital. In a statement issued by the Head of Media and Publicity, Emma Powerful, IPOB noted that it was alarmed over the action of Nigeria’s security agencies whose “incessant harassment, kidnapping, killing and arrest of members of IPOB and Biafrans” has continued unabated. According to the group, the security agencies readily resort to intimidating tactics and killings once they see people “wearing Biafra uniform and other Biafra materials or holding IPOB family meetings. “It is dangerous that the Nigeria security agencies will continue to harass, intimidate, kill and arrest of members of the Indigenous People of Biafra who did not commit any crime but only wear Biafra uniform or gather for a meeting,” IPOB said. It insisted that the “barbaric assaults on its members” would remain an exercise in futility “because we cannot stop the agitation at this stage when freedom is at sight.

The Biafra restoration group further stated that it would not change its agenda and would not be deterred in its determination to work for the re-emergence of the nation of Biafra through peaceful means. “They (FG, security agencies) cannot draw an agenda for IPOB, we will maintain non-violent approach towards the realisation of Biafra,” the group assured. Explaining the modus operandi of the security agencies, IPOB said that “after the kidnap by the Nigeria security agencies” the victims were dumped in the secret cells without trace, adding that “our members are missing every day without trace.” Relying on its intelligence unit, IPOB stated that it has uncovered “heinous plans” by the federal authorities and the security agencies to annihilate any person ardently agitating for Biafra self determination while the herdsmen terrorists were still on the loose “killing and maiming human beings at random without any arrest” “The Nigeria, government and her security agencies have vowed to deal with or track down any Biafran or members of IPOB who is pursuing the restoration of Biafra in truth and honesty and vowed to dump them in secret cells without trace,” IPOB lamented.

It said in a statement from its Group General Manager, Public Affairs, Mr. Ndu Ughamadu, in Abuja, that the measures would include an increase of the February supply of petrol by six additional cargoes to the existing national petrol sufficiency of over 32 days, immediate importation of three additional cargoes of diesel before the end of February, and an order for massive 250 trucks per day loading of diesel and kerosene from its refineries in Port Harcourt, Kaduna and Warri. The corporation equally noted that it would convert an existing $144 million foreign exchange intervention issued for petrol to take care of supplies of diesel. According to the statement, these were agreed in an emergency

The acting President, Prof. Yemi Osinbajo, has declared that the federal government is committed to the provision and attainment of a new vision for the Niger Delta region. This is as the Governor of Rivers State, Chief Nyesom Wike, insisted that the state government was not in contention with the federal government and wondered why the state was being victimised by the government at the centre. Both spoke at the Government House, Port Harcourt, yesterday at the stakeholders’ engagement visit of the acting president to Rivers State. Osinbajo,whowent downmemory lane, recalled that about 38 years ago when he served in the region under the National Youth Service Corps (NYSC), the region faced the same challenges of environmental degradation and poverty it is facing today. “Then, I realised that given the resources and potentials of the region, a lot that can be done in a deliberate and determined manner to improve the lives of Niger Delta

for products importation. It added that as part of these measures, it plans to obtain from the Central Bank of Nigeria (CBN), a foreign exchange intervention for diesel to enable marketers import the product as well as for the Depot and Petroleum Products Marketers Associations (DAPPMAN). It said it had also developed a comprehensive and clear deadline for the completion of the Atlas Cove-Mosimi pipeline and commenced shipment of diesel to Calabar. The corporation thus called on motorists and consumers of petroleum products across the country to avoid engaging in panic buying of products because it has over 32 days sufficiency for petrol, and adequate volumes of diesel and kerosene to meet their demand.

L-R: Lagos State Governor, Mr. Akinwunmi Ambode; Deputy Governor of Ogun State, Mrs. Yetunde Onanuga; Abiola Ajimobi (Oyo); Olusegun Mimiko (Ondo); Rauf Aregbesola (Osun); and Ayo Fayose (Ekiti), during the South-west Governors’ Forum meeting in Ado-Ekiti, Ekiti State...yesterday

Rivers not in contention with FG, says Wike people. The experience also provided a rude awakening to the dangers that the exploitation of oil and gas resources posed to the environment and the livelihood of the people of the region,” he said. He expressed regret that the challenges of the region have increased instead of abating. “Wherewenowhave an unhappy circle of discontent, sometimes expressed by resort to violence and vandalism and growing in response to strengthening of security arrangements in terms of palliative measures. This vicious circle cannot continue. We just need to take needed steps to bring about lasting peace and development in the region,” he said. On the issue of the clean-up of Ogoni, Osinbajo said efforts of the federal government would become more visible to the people within six months. He said: “We are not talking about sharing money but talking about delivering results in the lives of the Ogoni people by laying the In his own speech, the state Governor, Nyesom Wike, said the state was being victimised by the

robust petrol sufficiency nationwide. Other measure the corporation equally took was to expand daily truck load-out of petrol, diesel and kerosene, even during weekends to ensure improved products delivery to the hinterland. It explained that it would provide additional marine logistics, all geared toward improving products movements from offshore to land, to cater for this additional petrol supply nationwide. Mohammed charged downstream operators to immediately implement measures that would sustain adequate supply and distribution of petrol, diesel and kerosene to every nook and cranny of the country, and that the NNPC has made concerted efforts to pay the outstanding bill owed its trading arm, Duke Oil,

MEETING FOR REGIONAL INTEGRATION

Osinbajo: FG Committed to NewVision for Niger Delta Ernest Chinwo in Port Harcourt

meeting on the corporation’s downstream operations which was chaired by its acting Group Managing Director, Saidu Mohammed, who is also the Chief Operating Officer, Gas and Power Companies of the NNPC. Based on this, the NNPC said it would transmit the full list of marketers involved in off-taking diesel and kerosene to the Department of State Services (DSS) for appropriate follow-up by the security agency to forestall the possibility of supplies and distribution foul play by the marketers. Mohammed said in the statement that the move to provide additional petrol cargoes of 37,000 tonnes each was to give further comfort and stability to what he said was a

federal government despite the fact that the state contributes more than one third of the nation’s earnings from oil and gas. He said while the case of Rivers State could not be isolated from the rest of the Niger Delta, there were vexed issues inflaming passions and volatilities in the State. His words: “Rivers State alone accounts for not less than a third of Nigeria’s earnings from the export of hydrocarbon resources, yet there is little or nothing to show for the State’s contributions to the national resource pool, which is being used on a massive scale to develop other parts of the country. “Thus, the lack of tangible federal projects and development attention from the federal government are some of the underlying problems that must be addressed as quickly as possible to give our people a sense of belonging. “Worse still, is the deplorable state of the few existing federal infrastructures in the State, including the Port Harcourt International Airport, the Port Harcourt and Onne seaports, the East-West road and the long-abandoned

INEC Strategises for 2019 Elections, Says Use of National Identity Cards Not Feasible Damilola Oyedele in Abuja The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has disclosed that the electoral body has already commenced preparations for the 2019 general election, with a strategic plan already drawn up, while the financial implications are being calculated. He also noted that the use of the National Identity cards for the polls, might not be feasible, as the ongoing harmonisation of databases is yet to be concluded. Yakubu, who spoke during the budget defence session of the commission’s N45 billion 2017 budget proposal before the House of Representatives Committee on Electoral Matters yesterday, said the early preparation is to ensure readiness for the polls. The committee is chaired by Hon. Aisha Dukku (Gombe APC). He added that the strategic plan for the general election, is already being discussed at the three levels of government, particularly with the executive arm of government.

The implementation of the strategic plan, would likely result in the submission of a supplementary budget request later in 2017, Yakubu added. “At this point, we cannot put a figure on the budget for the elections (2019) until we complete the process of validating the strategic plan. Therefore, we are likely to approach the executive and the National Assembly for supplementary budget in this 2017. The supplementary aspect should incorporate something for the elections and in 2018, we will have it in the main proposals,” he added. N20.9 billion of the commission’s N45 billion budget is proposed for personnel costs, N2.3 billion proposed for capital projects, while N19.1 billion is proposed for elections that would hold in 2017. “Fortunately, we do not have many elections this year. Apart from Anambra State, where there will be a governorship election, there are no numerous elections,” he said. The commission, in 2016, expended about N24 billion on

elections, including re-run elections, across the country, the INEC boss added. Speaking on the proposed use of the identity cards, the INEC helmsman noted that there is a policy in place, mandating all agencies with individual data bases, to harmonise such data with the national identity card. The exercise is being coordinated by the Office of the Vice President. “That process has not been concluded. INEC today has the largest data base in the country with 70million registered voters. That is a huge figure, much larger than when you talk about the population of many African countries put together,” Yakubu said. Hon. Jonathan Gaza Gbewfi (Nassarawa PDP) noted that while the strategic plan in early preparation for the 2019 polls, is commendable, the legislature ought to have been consulted. “We are the elected representatives of the people. Those in the executive are mostly appointed officers. You have to start talking with the representatives of the people first on whatever plan you have for elections,” he lawmaker said.

T H I S D AY TUESDAY FEBRUARY 14, 2017

T H I S D AY • TUESDAY FEBRUARY 14, 2017

TUESDAYSPORTS

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

2018 WORLD CUP QUALIFIERS

Cameroon Targets Picking Four Points off Eagles

Paris Saint-Germain at training yesterday ahead of their first leg, Round of 16 UEFA Champions League clash with Barcelona tonight in the French capital city Reigning African Champions, the Indomitable Lions of Cameroon are hoping they can pick at least four points off Nigeria’s Super Eagles when both teams clash in crunch 2018 World Cup qualifiers starting in August. Nigeria is to welcome Cameroon to Uyo on August 28, while the return leg match

will be played on September 2 in Limbe. According to Assistant Coach of the Cameroon senior national team, Sven Vandenbroeck, “We will need at least four points against Nigeria,” Vandenbroeck said on a radio interview yesterday. “They will be two difficult

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

PSG’s Lucas Dread Messi’s Talent

Insists: You can’t stop the Barca star without tying him up Paris Saint-Germain top player, Lucas Moura, has said that the Parisian can get the better of Barcelona, but joked there is no way they can stop Lionel Messi without breaking the rules of the game. The Ligue 1 champions host the Catalan side for the first leg of their Champions League round-of-16 tie tonight, off the back of a 3-0 win over Bordeaux on Friday. The other game listed for tonight is the clash between Benfica and Borussia Dortmund. PSG is currently on a fourgame winning streak, but Barca is also unbeaten in 11 and has won eight of those, and Lucas believes the hosts are the underdogs. With the free-scoring Messi in their ranks, the Brazilian feels Luis Enrique’s charges have a threat who cannot be contained without the help of some rope. “No team is unbeatable, but of course for me they are the favorites,” he told AP. “They are the best team in the world, you have to respect them. “For me it’s impossible to stop (Messi). You have to tie him up. “The tactic is to prevent the ball getting to him. You must be very, very organised.” Lucas, 23, also pointed to the attacking danger posed by his

compatriot Neymar, who has 10 goals and 15 assists in 28 appearances in all competitions this season. “It’s great for our country to see him doing well there, and me doing well here,” he said. “He’s a great example. I’m happy for him, for everything he’s doing there and in the national team as well. “I don’t think he can be like Messi, because every player has their own style and their own history. But I think that, after Messi, he can become a great, great player as well and write a great history for Barcelona.” Lucas remains key for PSG having scored 14 goals in 34 appearances across all competitions. Meanwhile, the Parisians’ team coach, Unai Emery, is of the opinion that the players must be focused to get the best from the match. “The most important thing will be to win the challenges otherwise tactics will mean nothing,” he told a news conference yesterday ahead of the clash. PSG has been eliminated in the quarterfinals twice, in 2013 and 2015, by Barca, who will start the tie as favourites.

games. “But August is still six months away, it’s a long way to go.” The Belgian coach further revealed he watched the Eagles beat Algeria 3-1 in another World Cup qualifier in November. “I watched Nigeria against Algeria. They are a good team,

have talented players and play as a group,” he remarked of the Super Eagles under Gernot Rohr’s watch. “I believe they were disappointed not to be at the AFCON,” observed the coach who assisted Hugo Broos to return the Lions to the summit of African football once more at the AFCON hosted by Gabon.

Nigeria leads the World Cup qualifying Group B with six points after two rounds of matches, while the Cameroonians are on two points. Both Zambia and Algeria have a point each. Vandenbroeck insisted that the Indomitable Lions will be lifted for the titanic World Cup double header

after their AFCON triumph in Gabon. “Mentally, our confidence has been boosted as we are now African champions,” he said. Cameroon is due to play two friendlies against Morocco next month before they feature at the FIFA Confederations Cup in Russia in the summer.

Maradona, Messi, Kanu to Play Anti-terrorism Match in Abuja Olawale Ajimotokan in Abuja Argentina football legends Diego Amando Maradona and Lionel Messi are among a host of former and active football stars that will play an international exhibition match against human trafficking, insurgency and terrorism. The match will be played on May 21 in Abuja. The FIFA and Nigeria Football Federation (NFF) sanctioned initiative tagged: Africa My Africa is organised by next2none,

a non-profit making organisation to use football to promote global security and fight human trafficking. The novelty match between Africa Stars Vs World Stars will feature household names including Zinedine Zidane, Ruud Gullit, Ronaldinho, George Weah, Samuel Kuffour, Samuel Eto’o, Abedi Pele, Nwankwo Kanu, Austin Jay Jay Okocha, Thierry Henry and Cristiano Ronaldo. Others include David Beckham, Didier Drogba and a cluster of female footballers such as Sydney

Leroux, Asisat Oshoala, Birgit Prinz, Sun Wen, Abby Wanbach, Homare Sawa, Kelly Smith, Marta, Alex Morgan, Hope Solo, Toni Duggan, Anouk Hoogendijk, Nayeli Rangel, Lauren Sesselmann, Julia Simic and Corine Petit. At a media event to announce the project, Chairman of next2none, Ndukwe Sam Obu said a global initiative uniting all nations was required to combat terrorist activities which have been on the spike over the last decade. Obu said that

radicalisation of the youths into violent extremism was a great concern in Africa, given that approximately 70 per cent of African population are youths. He said the organisers and other stakeholders including the National Human Rights Commission (NHRC) and National Agency for Prohibition and Trafficking in Persons (NAPTIP) sought to arrange the match by leveraging on football which has shown positive impact in bringing peace to different nations and as a tool for reconciliation.

Korea Boosts Nigeria’s Taekwondo Tokyo 2020 Drive South Korea is supporting Nigeria’s charge for medals in taekwondo at Tokyo 2020 Olympic Games by organising taekwondo classes for both kids and adults at the Korean Cultural Centre, Abuja. The evening classes for kids are coordinated by Coach Abdulmalik Mohammed, 4-degree blackbelter, who also doubles as a member of the board of Taekwondo Federation of Nigeria (TFN). Mohammed, who has been with the Korean Centre since 2009 and was educated at Kyung-Hee University in Korea, said the training would expose the children to Korean culture, martial art, self- defence and selfconfidence. In addition, they

would receive knowledge of basic techniques, style forms, contact sparring and board breaking. The school holds on three quarters in a year after which examinations and grading of the students are conducted. Presently, there are about 70 students in the school though registration is ongoing. The coach, who is a thirdclass international referee, lauded the Korean Cultural Centre initiative which he said would be of immense benefit to Nigeria given the quality of the equipment provided. He also acknowledged the funding of the Korean Ambassador Taekwondo Tournament and Nigerian schools taekwondo event

by the Centre. “The training board in the Centre is the only one of its kind in Nigeria. We have equipment like electronic body protector that was never available in Nigeria before. Most of these facilities are hired by states for tournaments in the country,’’ Mohammed said. The coach assured all that Nigeria would win a medal at Tokyo 2020 if the athletes receive sponsorship and the Nigerian federation participates in World Taekwondo Federation sanctioned events. Nigeria appeared to have stalled in taekwondo since Chuka Chukwumerije won a bronze medal at Beijing 2008 and the level of rot

was reinforced by the failure of Team Nigeria players to qualify for Rio 2016. Mohammed attributed the Rio 2016 setback to rift among the members of TFN and sports politics at the qualifying tournament in Morocco that left a combining effect on the athletes. ‘’We are sure of a medal in Tokyo 2020 but we must start preparing our athletes and attend world sanctioned tournaments. The Africans from Niger and Cote D’Ivoire that won gold medals at Rio achieved that through continued international exposure. We have the talent in Nigeria if well harnessed,” concludes the taekwondo coach.

Tuesday February 14, 2017

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& RE A S O

Price: N250

MISSILE Nwokoro to amcon “What a shame! We bring a smaller country like Ethiopia to run a national carrier for Nigeria, the supposed Giant of Africa? If government could run an airline, Nigeria Airways would not have gone under” – Secretary to acap, Justin nwokoro blaming amcon for forceful takeover of Arik airways

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& RE A S O

years

IS AL BU N ST JOUR

SINCE 1995

TUESDAY WITH REUBENABATI abati1990@gmail.com

Valentine, Baba’s Vacation and Other Stories

“H

appy Valentine’s day, my friend” “You don’t wish someone Happy Valentine’s day with ordinary mouth, my friend” “Are you a woman? The gifts are for women, not male friends.” “You see, yourself? You are a bush man just like one of my friends who got a text message from his girlfriend, and he started asking what is the meaning of bae and boo. The girl used those words and our friend was lost.” “Bae. Boo. I have no idea either.” “Of course, you are old school. You better stay away from young girls.” “I don’t carry girls. I am a responsible man. So, I am not into this Valentine thing.” “What will I do with you, this man? Valentine’s Day is not only for boys and girls. It is a day of love. You can show love to everyone around you. It is a day when you show that you care.” “This whole thing about Valentine’s day is just a business idea. You know even schools collect money from their pupils to celebrate Valentine Day and the kids are asked to come to school, wear red, and bring gifts for any member of the opposite sex that they admire.” “Primary schools? “ “Yes.” “Children?” “Yes. Those who profit from Valentine’s Day are beginning to catch them young in order to grow a future market. Virtually every business outfit is into this madness. But if you ask me, I think every day should be Valentine’s Day in Nigeria. We should love one another. We should learn to be each other’s brother’s keeper.” “Keep preaching. The only thing that bothers me about Valentine’s Day is a certain report I read somewhere indicating that last year, February 14, one particular condom-making company recorded its highest sales worldwide on that particular day in Nigeria!” “That is precisely the problem. It is all about sex, no longer love. I hear if some women don’t get a gift or some form of special attention on Valentine Day, they would feel as if they are washed up. I once settled a quarrel between a friend and his wife, because he forgot it was Valentine’s Day and he came home very late. The wife refused to talk to him for weeks.” “On a day like this, every woman will be monitoring her man.” “Well, may be because we have reduced the idea of love to nothing but sex and waywardness, and that is probably why they have had to ban Valentine’s Day in Pakistan.” “Ban Valentine’s Day?” “Banned. The Islamabad High Court ruled this week that there should be no celebration of Valentine’s Day in public. The Pakistani media has also been banned from reporting any Valentine Day activity.” “What kind of court of law is that? Of all important matters to worry about in Pakistan.” “Obviously the matter of Valentine’s Day is very important in Pakistan because even the President of the country has declared that Valentine’s Day is not a Muslim tradition, but a Western one.” “Oh I see. It is a Sharia thing.” “Not necessarily. What of the situation in

President Muhammadu Buhari Japan where a group of men, the Kakuhido or the Revolutionary Alliance of Men that Women Find Unattractive have staged a public protest calling on the Government of Japan to ban Valentine’s Day.” “Are there some men that women find unattractive?” “Apparently.” “What kind of men are those ones?” “They obviously exist in Japan. And they claim that public smooching on Valentine’s Day is a form of terrorism, oppressive love capitalism and they feel marginalized, completely discriminated against because women find them unattractive.” “They actually sound as if they will take the law into their hands. But definitely there are no such unattractive men in Nigeria. I have seen poor, ugly, impossible Nigerian men with some of the prettiest women around and you are forced to ask: what exactly did she see in him?” “Nigerian men are better lovers than the Japanese. Even oyinbo women don’t joke with our men. That was how one Kenyan athlete came here for the Lagos City Marathon last week and she didn’t want to return to Kenya. She said she would remain here if she could find a Nigerian man to marry her because Nigerian men are wonderful.” “Oo-o-shey! Our brothers! They must have shown her some good, good loving…” “But talking seriously, you know, I think love is all we need in this country. Our leaders should love the people and the people should love their leaders and we would be a much better country.” “I hear Baba sends his love.” “Which Baba?” “Our Baba in London” “I won’t join you to comment on that subject. We are all human beings. We can have medical issues at any time.” “Who is talking about medical issues? What we know is that Baba is on working leave in London and he used the opportunity to do some medical tests” “Working leave” “I was in fact going to say that those tests should have been conducted in Nigeria here. It is sad if Nigerian doctors can’t conduct ordinary tests.” “If you are President of Nigeria, you’d go

and hand over yourself to Nigerian doctors, you will? The same doctors who are always complaining about allowances and threatening to go on strike. These same doctors, many of whom are card-carrying members of the opposition, MASSOB and Niger Delta Avengers. It’s alright.” “Medical tourism is a threat to the Nigerian economy. We have good doctors here. Nigerian doctors are among the best in the world.” “I know somebody who wanted to buy Nigerian medical practice. Whatever it was they diagnosed after carrying out tests was completely wrong. When he eventually went to London, he was told he had been on wrong medication for three years! So when you become President, Governor or Senator, carry your body and give to a Nigerian doctor for trial and error diagnosis.” “But when will Baba return?” “When the results of the tests are released” “When?” “I am not a doctor but I hear some tests could stay in the medical lab for up to three months” “Wha-a-at?” “Why are you screaming? It is a working leave. Anywhere the President is, that is where power is. After all, Baba spoke with Donald Trump yesterday and he is also likely to have a telephone conversation with South African President, Jacob Zuma. He is also constantly on the phone with the Acting President.” “Zuma. Zuma. Zuma. I hope Baba will remember to sympathise with President Zuma over the embarrassment he got at the parliament the other day when the red-jacket wearing members of the Democratic Alliance started calling him a thief. Baba should give him some tips about how to deal with rude and arrogant lawmakers.” “No. Baba should not meddle in South African affairs. He should talk to President Zuma about the continued attack on Nigerians living in South Africa. Some South Africans will just wake up one day and start attacking Nigerians, and they don’t get arrested for doing so or punished. We must let South Africa know that Nigerian lives matter!” “What I have even noticed is that those South Africans only attack Nigerian men. They don’t attack Nigerian women.” “I have information on that.” “I am all ears” “I hear our Nigerian brothers in South Africa are into South African women like ki’lode. And the South African women love them back like crazy, because you know your guys, when they want to impress a woman, they really go all out.” “Hmmm” “You just look at it. Only a few days to Valentine’s Day, some South African hoodlums started attacking Nigerian men and their businesses. I am surprised that the South African Ambassador to Nigeria has not yet been summoned, even the Foreign Affairs Ministry has not uttered a word. Is it because Baba is in London?” “Well, well, well, I think the new oga on top is trying his best to be on top of everything.” “Who is that?” “Acting President Pastor Professor Yemi Osinbajo, SAN” “He is doing well” “A child of the Most High. An erudite, loyal, hardworking…” “Una don start oh. That is how you people

will cause problems for the man. As far as I can see, he is focused on the assignment that he has been given and he is humble and hardworking. The Christian body in Nigeria and you, Yorubas should not distract him. Some Christians are already saying their time has come. And all of a sudden, some Yoruba Obas want to visit the Villa. I saw some Yoruba boys the other day, they were very busy weaving conspiracy theories and suddenly quoting the Constitution.” “What I know is that there is no way a man will ride a horse and his head will not shake.” “Just be careful how you shake your head.” “You don’t have to worry about all that. You said the truth when you said the Acting President is doing well. In the last two weeks, the man has been working as if he does not know how to do anything else other than to work. Even primary school students in seven states are beginning to eat one hot meal a day, free of charge. About 12, 000 cooks have been employed, farmers are also involved.” “The hot meal per day should be extended to some households, street beggars and em…em. There must be a mechanism in place to make sure the teachers don’t end up diverting the hot meal. Some teachers are so hungry, they’d take the food home to their families and deprive the children.” “What kind of teacher will do that?” “I am telling you the truth” “But there is another scheme that should cover the teachers. It is called the Social Intervention Programme (SIP).” “That is for the poorest members of our society -N5, 000 per month. Teachers don’t fall into that category.” “You are sure about that? You think if the Federal Government offers you N5, 000 every month, you won’t take? With N5,000, you can buy recharge card.” “Look, the best thing to do is to just share the money from oyel every month. They can start with every Nigerian who has a bank account. Instead of state governments going to collect the money on our behalf every month, just put the thing directly into every Nigerian’s bank account.” “That is not how to run a government.” “We have to start thinking out of the box. Look at the benefits. If we adopt that strategy, all Nigerians abroad will come home. There will be nothing for anybody to steal, because the cake will be shared equitably. Everybody gets a share of it.” “And the Nigerians who have no bank accounts?” “You don’t get it. They will all rush and open one. Oyel money, na im you dey take joke like that? In due course, we will have accurate census figures.” “You are beginning to sound like those Niger Delta people who gave James Ibori a heroic welcome party.” “Those ones? They were defending African culture.” “And what culture is that?” “You better don’t bother yourself about things you can’t understand. You and I will be here one day when a certain James Onanefe Ibori will hold brooms with two hands and declare for the APC… Enjoy the rest of your day. Go home and make your bae happy.”

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