Tuesday 21th February 2017 by THISDAY Newspapers Ltd

Michael Ibru’s Children Fight over Father’s Estate Davidson Iriekpen with agency report The children of the scion of the Ibru family, the late Chief Michael Ibru, have filed suits and counter-suits over the division of his multi-billion

naira estate. Ibru, one of Nigeria’s prominent businessmen, died last September. He was aged 86. One of his sons, Oboden Ibru, has approached the Igbosere High Court, Lagos,

for a declaration, among others, that he and his 15 other siblings are entitled to an equal share of their father’s estate. But in a counter-claim, one of the Ibru’s daughters, Janet Ibru, has urged the court to

declare that only persons whose paternity is confirmed by a diagnostics centre in the United States are entitled to an equal share of the estate. Oboden’s suit was filed February 8 by Chief Bolaji Ayorinde (SAN) but has not

been assigned to a judge. The defendants are Oskar Ibru, Peter Ibru, Emmanuel Ibru, Gloria Ibru, Elaine IbruMukoro, Elvina Ibru, Mamemo Ibru, Janet Ibru, Obaro Ibru, Vivi Ibru-Stankov, Edesiri Ibru, Christiana Ibru, Jero

Ibru, Vikwesiri Ibru, Gabriel Ibru and the Probate Registrar, High Court of Lagos State. The claimant is seeking an order declaring that a Memorandum of Understanding Continued on page 8

PDP Crisis: Makarfi Seeks Stay of Execution on A'Court Ruling… Page 10 Tuesday 21 February, 2017 Vol 22. No 7978. Price: N250

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22 Killed in Fresh Attacks in Southern Kaduna El-Rufai condemns onslaught, garrison commander, police commissioner relocate to Kaura, Jama’a LGs John Shiklam in Kaduna Despite the heavy security presence in the southern part of Kaduna State, suspected armed Fulani herdsmen for the umpteenth time launched fresh attacks on four communities in the region between Sunday and yesterday morning, killing 22 persons in the process.

L-R: Kebbi State Governor, Atiku Bagudu; Founder of Silverbird Group, Senator Ben Murray-Bruce; former Vice-President and chieftain of the All Progressives Congress (APC), Atiku Abubakar; and Anambra State Governor, Chief Willie Obiano, at the 2017 Silverbird Awards held in Lagos… weekend

Continued on page 8

CBN Abolishes Preferential Treatment for Manufacturing, Other Sectors

Directs banks to open FX retail outlets at major airports weekly to banks for PTA, school fees Obinna Chima Following its resolve to meet all unfilled foreign exchange

(FX) demand in the country, the Central Bank of Nigeria (CBN) yesterday announced that it will no longer impose

allocation/utilisation rules for the manufacturing and other select sectors on commercial banks.

The CBN stated this in a statement on new policy actions in the FX market signed by its acting Director,

Forex to be sold

Corporate Communications, Mr. Isaac Okorafor. The move, THISDAY learnt, is aimed at enthroning

a more efficient and competitive FX market. Continued on page 8

Presidency, Senate Decry Xenophobic Attacks Against Nigerians in South Africa… Page 12

T H I S D AY TUESDAY FEBRUARY 21, 2017

TUESDAY, ͺ͹˜ ͺ͸͹͵ ˾ T H I S D AY

PAGE EIGHT MICHAEL IBRU'S CHILDREN FIGHT OVER FATHER'S ESTATE (MoU) of January 2, 2001 remains valid for the distribution by way of gifts of the late Ibru’s assets to both “Ovuone” and “Ivetu”. He asked the court to declare that the property listed in the MoU belong in their entirety to “Ovuone”, being gifted jointly and several times to “Ovuone” in the lifetime of the late Ibru. Such properties include No. 1, Marine Road, Apapa, Lagos; 47, Marine Road, Apapa; 49, Marine Road, Apapa; 52, Marine Road, Apapa; 5,7,9

Emotan Road, Apapa; 3,5,7 Ladipo Oluwole, Apapa; Daska House; Blomfield Court; 33, Michael Ibru Boulevard; 6, Louis Solomon Close, Victoria Island, Lagos and 5/7, Queens Barracks Road, Lagos. Others are No. 20, Queens Drive, Ikoyi, Lagos; 6, Kensington Park Gardens, London; Starcross Farm; Hillcrest Apartment; Zabadne Plot, Abuja; Maitama Plots, Abuja; Maroko Plots, Lagos; 7, Randle Close, Apapa, Lagos; all shares in Oceanic Bank; Oteri Holdings Limited’s shares in

Minet Nigeria Limited; Oteri’s shares in Ibachem; and the portion of Ibafon land occupied by Ibachem and Ovwian land. The claimant is also seeking a declaration that the judgment delivered by Justice John Tsoho of the Federal High Court, Lagos on April 17, 2014 remains valid and subsisting, having not been set aside by any court of competent jurisdiction. Oboden also asked for an order appointing himself, the seventh defendant, Christiana, first defendant, Oskar and

eighth defendant, Jero, as administrators of the Ibru estate and an order directing them to apply to the 16 defendants for the grant of letters of administration for the estate. An order of the court appointing Messrs PricewaterhouseCoopers (PwC) Limited to conduct a forensic audit of the shareholdings and assets, whether real or personal, belonging to the estate of the late Ibru in Oteri Holdings and any other company in

Nigeria or anywhere such may be located, discovered or found in the world and submit such report to the registrar of the court within 90 days of the order and the cost of such exercise be paid by the administrators so appointed herein. The claimant is seeking an order directing the administrators to divide the assets into 16 equal shares and that same be given to all the 16 surviving children of the late Ibru. But in a counter-claim, the

eighth defendant Janet urged the court to declare that all matters pertaining to the estate be adjudicated in Nigeria as well as a declaration that she is entitled to a refund of all expenses, including the $48,000 incurred by her in defending the law suits of the second defendant. Furthermore, she is seeking an order of the court directing the administrators of the estate of the late Ibru to refund to her, the expenses incurred in taking care of the late Ibru during the final year of his life.

Financial Markets, Dr. Alvan Ikoku, said yesterday that it would commence the sale of FX on a weekly basis to banks. It classified the banks into merchants, small banks, medium banks and big banks. The FX sales shall be strictly for PTA and school fees and is expected to hold every Tuesday, it said. Part of the conditions stipulate that applicants for PTA shall be 18 years of age, holder(s) of Nigerian passports, must be an account holder in the chosen bank, and must have a current tax clearance certificate. Others require applicants to have verifiable BVNs and limited the amount to $4,000 per quarter. On the other hand, some of the requirements for FX sales for school fees stipulated that applicants shall be for university education only, remittances shall be made directly to the university’s account, applications shall be for not more than $15,000 or its equivalent per term, and applicants shall be recognised

parents or guardians. “All banks are expected to submit daily returns of their sale of foreign exchange for PTA and school fees to the CBN. The report must reach the Director, Financial Markets Department, on or before 4pm daily in soft and hard copied. “Any bank that fails to comply with this circular shall be sanctioned,” the CBN said. In addition, in order to improve efficiency in the FX market, the CBN said that it would immediately start the implementation of its articulated programme to clear all the unfilled orders in the interbank FX market; and implement an effective intervention programme to support the inter-bank market to ensure adequate liquidity necessary to deliver an efficient FX market. “Given our plan to meet all unfilled orders, and while provisions of FX to the manufacturing sector would remain the CBN’s strong priority, we will no longer impose allocation/utilisation

rules on commercial banks,” it stated. Also, the CBN said it would advise the FMDQ to activate the securities exchange’s FX Order-Book systems as soon as possible and also accelerate the onboarding of FX clients on the FX Relationship Systems to enhance transparency in the FX market. The CBN said it would neither tolerate unscrupulous actions nor hesitate to bring serious sanctions on offenders, be they banks or their staff who flout the rules. “The Bank therefore encourages market participants to assist in ensuring that these new measures engender the preservation of our external reserves, stability of our financial system, and growth of our economy to the benefit of all Nigerians,” it added. Despite the new policy actions on the FX market, the naira continued it slide yesterday, selling at N520/$ on the parallel market, lower than the N516/$ at which it closed last Friday.

Command, Aliyu Usman, a Deputy Superintendent of Police (DSP), did not immediately confirm the incident when contacted. However, the Kaduna State Government immediately announced the relocation of the Garrison Commander of 1 Division of the Nigerian Army, Brig. Gen. Ismaila Isa and the state’s Commissioner of Police, Mr. Agyole Abeh to the southern part of the state to coordinate a determined response to the attacks by the armed bandits. The state government, in a statement by Samuel Aruwan, spokesman to Governor Nasir El-Rufai said the situation had been brought under control “as security operations continue”. The governor, who has come under heavy criticism for past attacks in Southern Kaduna, assured residents in the affected communities that the government was fully committed to securing the area with the active support of the army and the police. The statement added that the two battalions of the Nigerian Army and the 10 mobile police squadrons were engaging the bandits, “as the state carries out its obligations to secure the area, protect lives and rout these armed bandits”.

The governor cautioned that despite these difficulties and pains of the attacks, this was not the time to give the bandits the pleasure of seeing victims turn on each other. He called for support for the army and the security agencies as they worked to repel attacks and crush the bandits. El-Rufai said: “Unknown gunmen in a coordinated attack invaded Bakin Kogi and Kaninkon villages in Jama’a Local Government Area in the state on Sunday, February 19, 2017 at about 5.30 p.m. “They were repelled by Operation Yaki Surveillance Patrol Teams and Operation Harmony Patrol Teams. “Further attacks were recorded today (Monday) in Kaura Local Government Area. Fatalities were recorded and some houses were burnt in the attacks. “I have been in touch with the security agencies and I have been studiously following the situation in Jama’a and Kaura Local Government Areas over the unfortunate attacks. “I want to first of all extend my heartfelt condolences to the families and relations that lost their loved ones and property in these unfortunate attacks.

“My prayers and support equally go to citizens that sustained injuries and are traumatised by what they witnessed. “This is clearly a wicked, evil and devilish act being perpetrated by enemies of peace and humanity. “I also wish to commend our gallant soldiers and police personnel, who are defending our communities. The Kaduna State Government will continue to work assiduously with security agencies towards the protection of lives and property.”

CBN ABOLISHES PREFERENTIAL TREATMENT FOR MANUFACTURING, OTHER SECTORS Despite its decision to eliminate the preferential treatment, which required banks to allocate 60 per cent of FX purchases from all sources to specific sectors of the economy, the central bank maintained that the provision of FX to the manufacturing sector would remain its strong priority. Also, in order to further ease the burden of travellers and ensure that transactions are settled at much more competitive exchange rates, the CBN directed all banks to open FX retail outlets at major airports as soon as logistics permit. The CBN also said it has decided to significantly reduce the tenor of its forward sales from the current maximum cycle of 180 days, to no more than 60 days from the date of a transaction. Confirming THISDAY’s exclusive report at the weekend, it also reiterated its commitment to increase the availability of FX to banks to meet demand for the payment of school fees, medicals and Business and

Personal Travel Allowances. In this regard, the CBN said: “In order to ease the difficulties encountered by Nigerians in obtaining funds for foreign exchange transactions, the CBN is providing direct additional funding to banks to meet the needs of Nigerians for personal and business travel, medical needs, and school fees, effective immediately. “The CBN expects such retail transactions to be settled at a rate not exceeding 20 per cent above the interbank market rate.” According to the central bank, having cleared “the historic backlog of matured letters of credit at the inception of the current flexible exchange rate system”, it would immediately begin to provide FX to all commercial banks to meet the needs of both personal travel allowances (PTA) and business travel allowances (BTA) for onward sale to customers. It assured Nigerians that all banks would receive amounts commensurate with their

demand per week, which would be sold to customers who meet the usual basic documentary requirements. “Similarly, the CBN would meet the needs of parents, guardians and sponsors who are seeking to make payments of school and educational fees for their children and wards. “Such payments must be made by commercial banks directly to the institution specified by the customer. “The CBN would ensure that this process is as smooth as possible and that as many customers as possible get the foreign exchange they genuinely demand. “This would also apply to customers seeking to make payments, or purchase foreign exchange for medical bills and paid directly to hospitals. “The supply of FX to retail end-users (PTA, BTA, school fees, medical bills, etc) would be sustained by the CBN,” it added. Reinforcing the policy on increasing FX for PTA and school fees another circular signed by the CBN Director,

22 KILLED IN FRESH ATTACKS IN SOUTHERN KADUNA Many houses were also reportedly set ablaze during the incident. The affected villages included Ashim, Nissi and Zilan in the Atakad District of Kaura Local Government Area and Bakin Kogi in Goska District of Jama'a Local Government Area. The attacks in Ashim, Nisi and Zilan were said to have occurred yesterday at about 6 a.m., claiming 15 lives with over 50 houses reportedly burnt, while the attack on Bakin Kogi occurred on Sunday at about 5 p.m., claiming seven lives and many houses burnt. The President, Takad Community Development Association, Mr. Enock Andong, who confirmed the attacks on the three villages in his area, told THISDAY on the phone that the herdsmen were heavily armed. He expressed shock that in spite of the heavy security presence, they were able to launch the attacks. Andong added that one of the attackers was killed by soldiers in the area. “They came around 6 a.m. today (Monday) and they killed 15 persons in Ashim and Zilan alone. I am on my way to Nisi to find out the situation of things there,” he said.

Narrating how the herdsmen invaded Bakin Kogi, a resident of the village, Enock Barau, said the invaders wore black clothes from head to toe and started shooting indiscriminately on reaching the community. Barau, a former leader of the Kaninkon Development Association told THISDAY that the attack lasted for about four hours, even as his community, with the support of soldiers, tried to repel the suspected herdsmen. He said: “Yesterday (Sunday) around 5 p.m., we heard gunshots within our surroundings. When I heard the gunshots three times, I came out of my house. “The gunshots continued rapidly and before I could realise what was happening, they had surrounded part of the community. Many people coming down from the hillside saw and heard the shooting and ran for their lives. “They (assailants) were in a complete black and black from head to toe. As they were shooting, we managed to evacuate women to a safe zone while the men stayed to defend the village. “The shooting went on from between 5 p.m. to 9 p.m. before they eventually stopped.

“As they were shooting, they proceeded to burn our houses. Over 100 houses were set ablaze. Seven persons were killed and one person is still missing. “We have soldiers and policemen stationed in the community, unfortunately, the soldiers were just coming from the river where they went to have their bath. So they were taken unawares. “The herdsmen took control of their camp and the soldiers had to run back to strategise to take over their camp. “We were very impressed with the soldiers because they did their best. After recovering their camp from the herdsmen, some of the soldiers moved into the community to help us. “But the mobile police unit whose armoured personnel carrier (APC) was stationed directly opposite my house didn’t do much. “They (police) were just driving up and down without firing a single shot at the gunmen. The police only started responding to the attack when a senior officer arrived. “By the time reinforcement arrived, the attackers had left.” The spokesman of the Kaduna State Police

TOP GAINERS NGN NGN PZ 1.21 14.60 DIAMONDBANK 0.04 0.82 NASCON 0.32 7.35 NIGBREW 4.81 119.81 CAVERTON 0.03 0.93 TOP LOSERS NGN NGN PZ 1.21 14.60 DIAMONDBANK 0.04 0.82 NASCON 0.32 7.35 NIGBREW 4.81 119.81 CAVERTON 0.03 0.93 HPE Nestle Nig Plc ₦599.99 Volume: 110.016 million shares Value: N985.667 billion Deals: 2,160 As at yesterday 20/2/17 See details on Page 32

% 9.0 4.8 4.5 4.1 3.3 % 9.0 4.8 4.5 4.1 3.3

˾ TUESDAY, FEBRUARY 21, 2017

STARTERS

Lagos Files Criminal Charges Against Lekki Gardens’ MD, Eight Others Gboyega Akinsanmi Citing contravention of planning permit regulations, the Lagos State Government has filed a six-count criminal charge against the Managing Director of Lekki Gardens Estate Limited, Mr. Richard Nyong over the collapse of a five-storey building on Kushenla Road in Ikate Elegushi in Lagos State, which killed at least 35 persons. The state government also charged eight other persons comprising contractors and promoters of Lekki Gardens for allegedly failing to obtain a planning permit in contravention of the State Physical Planning, Urban and Regional Development Act. Other than the managing director of Lekki Gardens Estate Limited, the other accused are GT Rich Ltd, HC Insight Solutions Ltd, Taiwo Odofin, Omolabake Mortune, Maruis Agwu, Sola Olumofe and Omotilewa Joseph. The Lagos State Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem said yesterday that the charges were filed on February 17 but were yet to be assigned to a judge for arraignment. The attorney general said the defendants “are facing a six-count charge for failing to obtain building approval for the collapsed building”, which he said claimed no fewer than 35 lives. He noted that failure to obtain building approval and the ensuing manslaughter contravened “Section 75 of the Urban and Regional Planning and Development Law of Lagos State, as well as Section 224 of Criminal Law of Lagos State”. After the collapse of the building, the state governor, Mr. Akinwunmi Ambode had visited the scene of the incident where he expressed a strong commitment to the protection of lives and property of all citizens in the state.

Nigeria’s economy is undergoing a fundamental transformation. To believe that a few minor amendments to economic policy would restore the country to growth is an optimistic but flawed view. The period between 2005 and 2015 saw some of the highest oil earnings in our history, but during that same period, debt levels rose and our reserves declined. While we had a few years of impressive GDP growth, this was largely a function of the high oil prices. Nigeria’s economic model was basically the export of crude to earn foreign exchange that was used to import most of our needs, including the most basic needs. The fact that as one the world’s largest oil producers, we still import refined petroleum is the starkest evidence of our economic underdevelopment. To correct this and to lay the foundation for Nigeria’s future, we must address the historic under-investment in infrastructure that has limited our growth to a few sectors. Our reforms are firmly aimed at resetting the economy. If the lack of infrastructure, which has handicapped growth, is addressed, Nigerian businesses can be competitive and create jobs and wealth. To do so, this government has committed to fighting corruption and controlling recurrent expenditure to create headroom for investment in capital projects. It is this investment, coupled with work on the ease of doing business, that will catalyse complementary investment from private capital providers and make the myriad of commercial opportunities in Nigeria viable.

NEWS PDP Crisis: Makarfi Seeks Stay

of Execution on A’Court Ruling The NCC of the PDP led by Senator Ahmed Makarfi has approached the Supreme Court to seek a stay of execution on the judgment of the Court of Appeal reinstating Senator Ali Modu Sheriff as National Chairman of the party. Page 10

EDITORIAL Saving The naTional ParkS (2)

One federal agency that has deliberately distanced itself from the development strides of the various governments in the country is the National Park Service. Page 15

POLITICS Dissecting the S’West Lagos State Governor Akinwunmi Ambode The governor had specifically vowed to get justice for the victims of the collapsed building, while assuring residents of the state that no stone would be left unturned to ensure that cases of criminal negligence and other forms of criminal activities are prosecuted. Ambode also directed the Directors of Messrs Lekki Worldwide Estate Limited to report to the Commissioner of Police, Mr. Fatai Owoseni, within 24 hours or face arrest. About three days after the building collapsed, the managing director and one of the contractors handling the project were arrested and subsequently released on the order of a magistrate’s court.

After the suspects were released, the state government directed the state Police Command and Directorate of Public Prosecution (DPP) to conduct fresh investigations to ascertain what led to the building collapse. In a statement he issued recently, the attorney general said the state government had concluded its legal advice and was ready to prosecute nine suspects deemed culpable in the collapse of the building. “With the conclusion of the investigation by the Nigeria Police Force and technical reports of relevant experts,” Kazeem said his office “has concluded its legal advice and decided to prosecute the suspects”.

Resetting Nigeria’s Economy by Boosting Infrastructure Kemi Adeosun

Two-Minute Briefing

Our vision is for permanent transformation. It will be a long journey, but it is achievable. The painful experience of the past two years must be the motivation for Nigerians to collectively declare that “never again”. This government has started the difficult process of amending our economic model from one that is consumption-driven to one that is investment-driven. To invest in our infrastructure, we have two options: wait for oil prices to recover, an unlikely prospect; or source funds to undertake critical infrastructure provision and repay from the additional taxes and revenues that will arise from the growth it creates. We have chosen the latter. As part of the 2016 budget and while meeting our salary and other recurrent obligations, we have budgeted N1.6tn ($5.1bn) for a range of major capital projects and there is significantly more to come in 2017, both from the federal government and its parastatals, as well as the private sector in various forms. We are making progress towards achieving those ambitions. But the old structures that dominated the past are fighting back. Let me be clear. There are no quick fixes. If the price of oil were to return to $100 tomorrow, it would not solve our problems. They are bigger than that. We must reset our compass for a destination far in the future. Only then will we make the decisions today that deliver change. That is why Muhammadu Buhari, Nigeria’s president, and my fellow ministers have been so focused on fighting corruption and cutting back government spending in our first full year. The system must be ready to efficiently

utilise the people’s resources. Our government’s balance sheet must be restructured to make it robust enough to deliver the investment our economy needs. The government’s debt strategy is an essential part of this process. Today, our debt profile is unbalanced. We borrow heavily domestically, with too short a tenure, and at a high cost. The impact of this is that we spend too much on interest and we crowd out the private sector from borrowing to fund their investment plans. This debt structure does not support our long-term growth ambitions, and so it must be amended. We need longer-term and cheaper finance to support infrastructure investments. Those fundamentals remain some of the most attractive among emerging economies. There is a reason that Nigeria has been included in almost every list of emerging economies over the past decade — from the Next 11 to the Mints. Despite the challenges that we are addressing strategically, we are the largest economy in Africa, with a large and growing population, a wide range of opportunities in agriculture, solid minerals and light manufacturing supported by a mature and resilient banking sector, and an oil and gas industry that, when optimally structured, can deliver massive returns. The challenge we face is not just to navigate our way out of recession, but to ensure our economy is never again as exposed to the volatility of global commodity prices. What we face today is an opportunity, and it is not one we intend to miss. r $VMMFE GSPN UIF 'JOBODJBM 5JNFT

Integration Plan The proposed South-west regional integration initiative is still caught between the web of politics and reality, writesVictor Ogunje Page 16

FEATURES The Tech Way

SolomonElusojiwhovisitedYaba, Nigeria’sversionofSiliconValley, reportsthatalthoughtheNigerian technologysceneisfarfromhosting billiondollarcompanies, hasthe potentialtobecomethesolutionto thecountry’soiladdiction Page 18

BUSINESS NNPC Sets Three-year Target

for Transition to Incorporated Joint Venture NNPC has said it would take it at least three years to fully transit some of its existing oil production joint ventures (JV) into the Incorporated JointVenture (IJV). Page 21

PROPERTY Investors in Commercial

Property Settle for REIT as Funding Option Fresh prospects may be available to real estate investors seeking property ownership without the attendant expenses or difficulties of being a landlord. Page 28

INTERNATIONAL Mike Pence Warns NATO It Must Boost Defence Spending USVice-President Mike Pence has warned members of the Nato alliance to meet their defence spending targets. Page 36

SPORTS Lagos La Mansuri, Ibadan Oluyole

Open Hostilities in Low Cup After an enthralling first week capped by the emergence of Leighton Kings and STL 57 as champions of the Open Cup and Silver Cup respectively… Page 38

TUESDAY, FEBRUARY 21, 2017Ëž T H I S D AY

NEWS

Ă?ĂĄĂ? Ă&#x17D;Ă&#x201C;Ă&#x17E;Ă&#x2122;Ă&#x153; Davidson Iriekpen Ă&#x2014;Ă&#x2039;Ă&#x201C;Ă&#x2013; davidson.iriekpen@thisdaylive.com, 08111813081

PDP Crisis: Makarfi Seeks Stay of Execution on Aâ&#x20AC;&#x2122;Court Ruling Party leaders defy security clampdown to meet in Abuja Sheriff begs Jonathan to intervene

Onyebuchi Ezigbo Ă&#x2039;Ă&#x2DC;Ă&#x17D; Dele Ogbodo Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The NationalÂ Caretaker Committee (NCC) of the Peoples Democratic Party (PDP) led by Senator Ahmed Makarfi has approached the Supreme Court to seek a stay of execution on the judgment of the Court of Appeal reinstating Senator Ali Modu Sheriff as National Chairman of the party. The move by the caretaker committee came just as Sheriff yesterday led a delegation to the home of former President, Dr. Goodluck Jonathan, to seek his advice and possibly get him to help negotiate a peaceful settlement of the party crisis. Before yesterdayâ&#x20AC;&#x2122;s meeting of the stakeholders of the PDP held in Abuja, the leaders were faced with a challenge when the International Conference Centre, venue of the meeting, was sealed up by security men.

The leaders were prevented from making use of the conference centre for the expanded national caucus meeting by officers and men of the Nigeria Police Force. It took a last minute decision of the caretaker committee to quickly move the meeting to an alternative venue at the Ekiti State Government Lodge in Asokoro, Abuja. One of the high points of deliberations at the meeting was a unanimous vote of confidence passed on the leadership of the national caretaker committee. The stakeholdersâ&#x20AC;&#x2122; meeting, which was convened by the Makarfi-led national caretaker committee to decide on the next line of action following last Fridayâ&#x20AC;&#x2122;s Court of Appeal judgment, Port Harcourt division, which reinstated Sheriff as the partyâ&#x20AC;&#x2122;s National Chairman, was later shifted to the private residence of the Ekiti

State Governor, Mr.Â Ayodele Fayose. Visibly angry party leaders who spoke in turns, condemned the effort by the present administration to muzzle the opposition by sending security men to try and thwart their lawful assembly. In a communiquĂŠ issued at the end of the meeting, the leaders said they had filed an appeal at the Supreme Court against the Court of Appeal judgment. According to the communiquĂŠ read by former Minister of Information, Professor Jerry Gana, both an appeal and an application for stay of execution of the Appeal Court ruling

were filed yesterday pending the decision of the Supreme Court on the matter. â&#x20AC;&#x153;We pass a resounding and unqualified vote of confidence on the leadership of the Makarfi-led National Caretaker Committee of the PDP and pledge our unalloyed support to it as it pilots the affairs of the party in this critical transitional period of the partyâ&#x20AC;&#x2122;s life. â&#x20AC;&#x153;To this end, we are not at all deceived by the supposed olive branch being offered by Sheriff, knowing that the only thing that can come from traitors of his ilk is nothing but a poisoned chalice and a Greek gift. â&#x20AC;&#x153;Our abiding faith in the capacity of the judiciary to

protect Nigeriaâ&#x20AC;&#x2122;s democracy and political aspirations of the Nigerian people, particularly at the level of the Supreme Court, proven repeatedly over time, is aided by the profound, fearless, irrepressible, comprehensive and insightful minority decision of T. N. Orji-Abadua, J. C. A. in CA/ PH/349/2016 Sheriff & ORS. VS. PDP & ORS., whom we salute for doing the judiciary proud in spite of the predatory interferences of anti-democratic forces and State actors,â&#x20AC;? the communiquĂŠ added. The meeting enjoined PDP stakeholders and leaders to return to their geopolitical zones, states, local government areas and wards to convene meetings

of the party and disseminate the position of the party to members.Â â&#x20AC;&#x153;True party men are urged to remain calm, steadfast, loyal even in the face of wanton provocation of sealing off the venue of a peaceful assembly of stakeholders. We remain committed to the ideals of the party which stands us out as democrats,â&#x20AC;? PDP assured. While welcoming party leaders to the meeting, Makarfi frowned at the action of the security agents in preventing the party from usingÂ the ICC as venue for the meeting. He said Â the party is filing

Contâ&#x20AC;&#x2122;d on Pg 12

Britain Posts First Female High Commissioner to Nigeria Â The British Deputy High Commission in Lagos yesterday announced the arrival of Laure Beaufils as the new Deputy High Commissioner to Nigeria. Laure, who is the first female deputy high commissioner to be posted to Nigeria, arrived in the country on the same day, January 20, and will head the UK mission in Lagos, according to a statement signed by Wale Adebajo, communication manager at the British Deputy High Commission in Lagos. Â â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;m delighted to be in Lagos and leading the UK mission here. I look forward to working with a variety of Nigerian partners to further progress the already strong UKNigeria relationship,â&#x20AC;? Beaufils said, while commenting on her arrival in Nigeria. Beaufils has been head of the UK Department for International Development (DFID) in Rwanda since August 2014, where she managed a $100 million portfolio of programmes focusing on

economic development, governance and social sectors. Prior to holding her new position in Nigeria, she worked in various positions within the UK government. She was lead strategic adviser working for former British Prime Minister, David Cameron, in his role as Co-chair of the United Nations Secretary Generalâ&#x20AC;&#x2122;s high level panel on the post-2015 development agenda. She also ran DFIDâ&#x20AC;&#x2122;s department for overseas territories, led its team working on climate change, and also worked for the UK mission to the UN as first secretary responsible for development. Prior to joining the UK civil service, Beaufils worked with the UN and civil society organisations, as well as the the private sector as a financial auditor. She has lived and worked in Rwanda, Ethiopia, India, Cambodia, France, the UK and the United States.

Again, Saraki Meets with Buhari in London Senate President, Dr. Bukola Saraki, met with President Muhammadu Buhari in London on Sunday evening, the presidencyâ&#x20AC;&#x2122;s official Twitter account said yesterday. It was their second meeting within a week. â&#x20AC;&#x153;This evening President @MBuhari met with Senate President @bukolasaraki, at Abuja House,â&#x20AC;? the official @ NGRPresident Twitter account

wrote, reported the News Agency of Nigeria (NAN). Unlike the first meeting, Saraki has not spoken on what was discussed with the president. When they met last week, along with other leaders of the National Assembly, Saraki issued a statement, allaying public concerns about the presidentâ&#x20AC;&#x2122;s health.

WELCOME TO GAMBIA

Gambian Vice President, Fatoumata Tambajang (right), welcoming Acting President, Prof. Yemi Osinbajo; and President Ellen Johnson Sirleaf of Liberia, on their arrival for the swearing-in ceremony of the new Gambian President, Adama Barrow in Banjul...weekend

CCB Refuses to Release Asset Declaration Forms of Current, Past Public Officers Tobi Soniyi Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039;

The Code of Conduct Bureau (CCB) has denied two civil society organisations access to the written asset declarations of current and past elected and appointed public officers brought under the Freedom of Information (FOI) Act, 2011.Â This was contained in a joint statement issued by the African Centre for Media and Information Literacy (AFRICMIL) and the Public and Private Development Centre (PPDC). They said in their concerted effort at advocating for increased transparent and accountable governance in Nigeriaâ&#x20AC;&#x2122;s public service, two organisations submitted Freedom of Information requests to the CCB, for written declaration of assets of elected and appointed political office holders including the declaration made by President Muhammadu Buhari and his Deputy, Yemi Osinbajo. In an FOI request dated

January 18, 2017, and signed by Godwin Onyeacholem, AFRICIMIL requested for copies of written asset declaration of: The past and current Principal Officers of the National Assembly (Senate and House of Representatives) in Nigeria, since 2011 till date, upon their assumption of office and exiting office, as required by the 1999 Constitution. PPDC in an FOI request dated February 2, 2017, signed by its Chief Operating Officer, Â Ilo Nkemdilim, requested for copies of written asset declaration of: The past and current governors of the 36 states in Nigeria, since 2011 till date, upon their assumption of office and exiting office, as required by the constitution. It also requested for the assets declarations of past and current ministersÂ since 2011 till date upon their assumption and exiting office. In another FOI request

dated February 6, 2017, the PPDC requested for copies of the written asset declaration of: the former President of Nigeria, Dr. Goodluck Ebele Jonathan, upon assumption of office on Â May 29, 2011, and after his exit from office; on May 29, 2015; theÂ former Vice President of Nigeria, Namadi Sambo, upon assumption of office Â onÂ May 29, 2011, and after his exit from office as vice president, onÂ May 29, 2015. It equally asked for the assets declaration made by President Buhari, upon assumption of office as president, onÂ May 29, 2015 and his deputy, Osibanjo upon assumption of office as vice president onÂ May 29, 2015. The groups noted that it was the sole responsibility of the CCB to ensure that all public officers declare their assets at the beginning and the end of their tenure in office.Â They said: â&#x20AC;&#x153;It is also their responsibility to ensure that the

assets declared are verified to ensure compliance with the provisions of the law and also to establish possible cases of misconduct or corrupt enrichment, with a view to ensuring such culprits face the full wrath of the law.Â â&#x20AC;&#x153;It is also the constitutional responsibility of the bureau to retain custody of such written asset declaration forms and make them available and accessible for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe.â&#x20AC;? The groups further contended that by enacting the FOI Act, 2011, the sevent National Assembly gave effect to the constitutionally guaranteed right of the public to access public documents held by public institutions and relevant private entities in Nigeria and this includes asset declaration forms of public officials, which are public documents within the meaning of the FoI Act, 2011. Â

TUESDAY, FEBRUARY 21, 2017Ëž T H I S D AY

NEWS

Presidency, Senate Condemn Xenophobic Attacks against Nigerians in South Africa Tobi Soniyi and Omololu Ogunmade Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The presidency has called on the African Union and the South African government to take decisive and definitive measures to protect Nigerian citizens and other Africans within South African borders. Also, the Senate Committee on Diaspora yesterday condemned the attacks on Nigerians living in South Africa and advised the federal government to take harder stance against the country. The condemnation came on the heels of the reported killing of a 34-year-old Nigerian businessman, Tochukwu Nnadi, by South

African police on December 29, 2016 as well as weekend attacks on Nigerians and their businesses in the country. The Senior Special Assistant to the President on Foreign Affairs and Diaspora, Abike Dabiri-Erewa, made the call in a statement she issued yesterday following reports of renewed violence against Nigerians and other Africans in South Africa. The Nigerian community in South Africa led by Ikechukwu Anyene had confirmed the attacks and looting of Nigerianowned businesses in Pretoria West day. Anyene said the Nigerian

Russia Overtakes Saudi Arabia as Worldâ&#x20AC;&#x2122;s Top Crude Oil Producer Russia overtook Saudi Arabia as the worldâ&#x20AC;&#x2122;s largest crude oil producer in December, when both countries started restricting supplies ahead of agreed cuts with other global producers to curb the worst glut in decades. Russia pumped 10.49 million barrels a day in December, down 29,000 barrels a day from November, while Saudi Arabiaâ&#x20AC;&#x2122;s output declined to 10.46 million barrels a day from 10.72 million barrels a day in November, according to data published yesterday on the website of the Joint Organisations Data Initiative in Riyadh Capital of Saudi Arabia. That was the first time Russia beat Saudi Arabia since March. Saudi Arabia and fellow producers from the Organisation of Petroleum Exporting Countries (OPEC) decided at the end of November to restrict

supplies by 1.2 million barrels a day for six months starting January 1, with Saudi Arabia instrumental in the plan. Nonmember producers, including Russia, pledged additional curbs. Brent crude oil prices have climbed about 20 per cent since the end of November. The US was the third-largest producer, at 8.8 million barrels a day in December compared with 8.9 million barrels a day in November, according to JODI. Iraq came in fourth at 4.5 million barrels a day, followed by China at 3.98 million barrels a day, the data show. Saudi Arabiaâ&#x20AC;&#x2122;s crude oil exports declined to 8 million barrels a day in December, from 8.26 million barrels a day, the biggest outflow for any month since May 2003, according to JODI data.

Nuru Appointed FCMB CEO, Balogun to Head HoldCo Obinna Chima First City Monument Bank (FCMB) Group Plc has announced the re-organisation of its leadership at the group level, as well as FCMB Limited. To this end, effective March 20, 2017, Ladi Balogun, having served as Group Managing Director of the commercial banking arm, FCMB Limited for 10 years, will be stepping down. According to a statement from the bank, Balogun would assume the role of Group Chief Executive of the holding company (HoldCo), FCMB Group Plc. Balogun would be succeeded as Managing Director of FCMB Limited by Adam Nuru, who is currently the Executive Director in charge of Business Development in the bank. The HoldCo comprises FCMB Limited, FCMB Capital Markets, CSL Stockbrokers and CSL Trustees. â&#x20AC;&#x153;Under Ladi Balogunâ&#x20AC;&#x2122;s leadership, FCMB Limited has undergone a successful

transformation from a merchant bank to a top 10 commercial bank in Nigeria across key metrics. â&#x20AC;&#x153;During this period, the bank has emerged as a leader in consumer finance, agricultural banking and electronic banking. â&#x20AC;&#x153;The bankâ&#x20AC;&#x2122;s franchise has grown to 4 million customers, 220 branches and a successful banking subsidiary in the United Kingdom,â&#x20AC;? the statement added. The incoming CEO of FCMB Limited previously served as Regional Director in charge of Abuja and Northern Nigeria, where he was responsible for growing the bankâ&#x20AC;&#x2122;s Northern franchise to become the largest and most profitable region of the bank. Nuru has 28 years banking experience, with seven years spent with FCMB. He is a graduate of Ahmadu Bello University, Zaria, where he studied Business Administration, and has attended management programmes at leading international educational institutions.

association had reported the incident to the Nigerian mission and South African police. Anyene had said: â&#x20AC;&#x153;As we speak, five buildings with Nigerian businesses, including a church have been looted and burned by South Africans. â&#x20AC;&#x153;One of the buildings is a mechanic garage with 28 cars under repairs, with other vital documents, were burned during the attack. â&#x20AC;&#x153;Also, the pastor of the church was wounded and is in the hospital receiving treatment.â&#x20AC;? He also said the union had informed Nigerians in South Africa to be vigilant in the face of renewed xenophobic attacks. According to him, the union received information that there would be xenophobic attacks

against foreigners on February 22 and February 23. While describing the attacks as an unnecessary setback, Dabiri-ErewaÂ advised Nigerians to be extra cautious. She noted that it appeared the South African government had no control over the attacks. The SSA, however, urged restraint on the part of Nigerians and warned that further attacks without any reprimand might have dire consequences. Dabiri-Erewa said the attention of the AU was being called because of reports of planned attacks against foreigners on February 22 and 23. â&#x20AC;&#x153;These attacks should not be allowed to continue because it is a big setback,â&#x20AC;? she said. Dabiri-Erewa had two weeks ago met with the South

African High Commissioner in Nigeria, Lulu Aaron-Mnguni, on the killing of Nigerians in South Africa. Aaron-Mnguni promised that the South African government was investigating the matter. â&#x20AC;&#x153;We have lost about 116 Nigerians in the last two years. And in 2016 alone, about 20 were killed,â&#x20AC;? this is unacceptable to the people and Government of Nigeria, Dabiri-Erewa said. Meanwhile, the Senate Committee Chairman, Senator Rose Oko, who expressed displeasure over the continuous killings of Nigerians in South Africa, said the committee had sent a letter to the Ministry of Foreign Affairs, asking it to furnish it with details of what resulted in the attacks. She said: â&#x20AC;&#x153;We have written to the Ministry of Foreign Affairs to avail us with happened in

South Africa between the police and the man. We condemned in very strong terms these attacks on Nigerians. Several times, there are extra-judicial killings in South Africa and there is xenophobic Attacks on Nigerians in South Africa. â&#x20AC;&#x153;You aware that in 2016 alone, about 20 Nigerians were killed in extra-judicial manners. Before this time, several of them had been killed in extra-judicial manner. There are several incidences of xenophobic attacks on Nigeria in South Africa. â&#x20AC;&#x153;You are also aware that Nigeria and South Africa have excellent diplomatic ties. In 2013, when there was xenophobic attacks, former President Goodluck Jonathan signed a Memorandum of Understanding to re-enforce diplomatic ties,â&#x20AC;? she recalled.

LONG MAY YOU REIGN

Ondo State Deputy Governor, Alhaji Lasisi Oluboyo (left), presenting the staff of office to the new Oba of Igbara Oke land, Oba Adefarakanmi Agbede, Ogidi III, in Igbara-Oke, Ondo State....weekend

Kachikwu Clarifies Nigeriaâ&#x20AC;&#x2122;s $100bn Loss to Militancy in Niger Delta Ejiofor Alike The Minister of State for Petroleum, Dr. Ibe Kachikwu, has clarified the $50-$100 billion said to have been lost to the attacks of oil and gas infrastructure by the Niger Delta militants. In his recent monthly podcast, the minister was quoted by some media reports (not THISDAY) as saying that Nigeria lost $50-$100 billion in oil revenue at the peak of the militant attacks on oil and gas facilities in the Niger Delta, which slashed oil production from 2.2 million barrels per day to one million barrels per day last year. But in a statement yesterday, the Technical Assistant (Media) to the minister, Uche Ozurumba Adighibe, made a clarification on the $50 â&#x20AC;&#x201C; $100 billion unearned income lost to militancy, which was mentioned by the minister. Adighibe, who quoted the minister as having said in the

podcast that â&#x20AC;&#x153;as at 2016 on the average and looking at it historically that we (Nigeria) was losing $50 â&#x20AC;&#x201C; $100 billion as result of the disruption,â&#x20AC;? said the amount covers a period of 10 years and not 2016 only. Â On the amount lost in 2016, Adighibe pointed out that the Nigeriaâ&#x20AC;&#x2122;s oil and gas industry lost over $7 billion to militancy from January to October 2016. â&#x20AC;&#x153;Please note the word â&#x20AC;&#x2DC;historicallyâ&#x20AC;&#x2122;. Â Over the last decade spanning through various administrations, the oil industry in Nigeria has suffered critical disruptions to operations resulting in the unearned incomes amounting to $50 â&#x20AC;&#x201C; $100 billion due to militancy activities and vandalism. This can be verified through the records provided by the Nigerian National Petroleum Corporation (NNPC) during the 2016 Fiscal Liquidity Assessment Committee Retreat which showed that the industry lost over $7 billion due to activities

of militancy groups and oil pipeline vandals from January 2016 â&#x20AC;&#x201C;October 2016,â&#x20AC;? Adighibe further clarified. The ministerâ&#x20AC;&#x2122;s technical assistant added that the amount mentioned as unearned income due to militancy activities as stated in the podcast covers the entire industry which includes the international oil companies (IOCs), independent producers as well the Nigerian National Petroleum Corporation (NNPC). To tackle the scourge the minister, who spoke on â&#x20AC;&#x153;Oil Sector Militancy Challengesâ&#x20AC;Ś Roadmap to Closure,â&#x20AC;?also unveiled a 20-point agenda aimed at instituting permanent peace in the oil-producing region. According to him, the Niger Delta crisis, coupled with the 45 per cent drop in oil production, worsened the financial challenges of the President Muhammadu Buhari administration. Kachikwu said the crisis

resulted in attacks on oil and gas facilities and the sub-optimal performance of the refineries, stressing that Nigeria was unable to meet its international obligations as a result of the militancy. He said despite all efforts made by successive administrations to tackle the militancy in the Niger Delta, a permanent solution was never found. The minister also stated that the present administration has also made efforts to end the crisis by launching a sevenpoint roadmap, engaging the oil-producing communities and sustaining the Amnesty Programme for the repentant militants. Kachikwu added that President Buhariâ&#x20AC;&#x2122;s efforts to sustain the programme were being hampered by declining oil revenue, as the present administration only gets 55 per cent of the revenue that was available to previous administrations.Â

TUESDAY, FEBRUARY 21 2017˾ T H I S D AY

NEWS

NBS: JAMB Got 11.7m Applications in Six Years

The National Bureau of Statistics (NBS) has said the Joint Admissions and Matriculation Board (JAMB) data reflected

that 11,703,709 applications were received between 2010 and 2016. A report on, ‘JAMB Admitted

Army’s Kill-and-deny Tactics are Despicable, Says IPOB David-Chyddy Eleke ÓØ áÕË The Indigenous People of Biafra (IPOB) has described the recent denial of the Nigerian Army that it never killed members of the group during the pro-Donald Trump rally in Port Harcourt as false and despicable. IPOB said the denial was part of the customary kill and deny tactics of the Nigerian Army which is not the first time, neither is it going to be the last time that Nigerian Army will commit mass murder and shamelessly come out to deny it. In a statement issued by Clifford Iroanya and Emma Nmezu, both spokespersons of the group, it said the killings were captured on camera and can not exactly be denied. The group said: “The list is endless, from IPOB massacre in Onitsha, Aba, Port Harcourt, Nkpor, Asaba, Shiite massacres

in Kaduna and Kano among others.” IPOB said the army on that day had deliberately deployed troops to Port Harcourt with the mandate to kill its members, and wondered why the same deployment of troops with the mandate to slaughter, was not carried out on those who protested against President Trump in Abuja on the same date. “How come troops were not deployed to shoot and kill civilians during the recent “anti-Buhari“ protest that was led by the likes of Charles Oputa a.k.a. Charlie Boy? Why must the Hausa Fulani dominated Nigerian Army and police regard every IPOB assembly or rally as an opportunity to embark upon some kind of Jihad to kill as many of us as possible?,” the group asked

Candidates by State and Gender within Faculty,’ released by NBS in Abuja on Monday said that 2,674,485 students were admitted across the 36 states and the FCT between 2010 and 2015. “In 2010, a total of 1,513,940 applications were received while 423,531 students were admitted. “This shows that 28 per cent of students who applied for admission were admitted across the 36 states and the FCT in the years under review. “Adamawa and Niger States admitted 38 per cent of students who applied for admission in 2010. “Both states received 14,483 and 16,556 applications while

5,678 and 6,278 students were admitted, respectively,’’ it stated. Similarly, the report, according to the News Agency of Nigeria (NAN), stated that 1,636,356 applications were received while 417,341 students were admitted in 2011. “This simply means that 26 per cent of students who applied for admission were admitted across the 36 states and the FCT in 2011,“it said. The report said Yobe with 7,879 applications and 3,185 admissions had 40 per cent of students who applied for admission admitted. The NBS report stated that 1,632,835 applications were

received in 2012, while 447,176 admissions were granted in 2012, representing 27 per cent of applications for admissions during the year. “Yobe with 9,064 applications and 4,138 admissions has the highest percentage of applications for admissions with 46 per cent recorded. “The lowest percentages of applications for admission were recorded in 2013 and 2014 with 24 per cent and 25 per cent of applications for admission recorded, respectively during the period under review. “Yobe with 11,222 applications and 4,084 admissions has the highest percentage of

applications for admission with 36 per cent recorded in 2013. “Jigawa with 16,214 applications and 6,169 admissions has the highest percentage of applications for admission with 38 per cent recorded in 2014,’’ the report stated. According to the report, the highest percentage of applications for admission was recorded in 2015 with 30 per cent of applications for admission recorded. “Yobe with 17,461 applications and 9,703 admissions has the highest percentage of applications for admission in the year with 56 per cent recorded,’’ it said.

PDP CRISIS: MAKARFI SEEKS STAY OF EXECUTION ON A’COURT RULING motion of injunction to allow the caretaker committee to continue in office pending the determination of the appeal at the Supreme Court. He said what happened in Port Harcourt was happening in Abuja again. Ekiti State Governor, Ayodele Fayose, said the court cannot decide for the PDP who lead it, adding that he and other leaders of party have accepted their mistake for bringing Sheriff into the party. In his remark, the Deputy President of the Senate, Senator Ike Ekweremadu, described as

worrisome the manipulation of vital institutions of democracy and radical decline of democratic freedoms in Nigeria. Ekweremadu, who was particularly peeved at the sealing of the International Conference Centre, Abuja, the earlier announced venue of the PDP stakeholders’ meeting by the security agencies, said such flagrant manipulation of critical institutions of democracy was not only dangerous, but bad news for the nation’s democracy. Before the meeting got underway at the Ekiti State Government Lodge in Asokoro

area of Abuja, security agents had attempted to stop it from holding by barricading the previous venue at the International Conference Centre and preventing entry into the facility. The take over of the venue of the meeting at the ICC, kind of rekindled the defiance and resolve of the PDP leaders to go ahead with the stakeholders meeting. Many party leaders, both the high and low who thronged the alternative meeting venue at the Ekiti State Government Lodge jettisoned all comfort and squeezed themselves in a every available space in the small meeting hall.

Some of the top leaders of the PDP who attended yesterday’s meeting included: Makarfi, Secretary of the committee, Senator Ben Obi, Deputy Senate President, Ike Ekweremmadu, Governors Nyesom Wike (Rivers), Emmanuel Udom (Akwa Ibom), Ayodele Fayose (Ekiti), Ifeanyi Okowa (Delta), House of Representatives Minority Leader, Leo Ogor, Bode George, Vincent Ogbulafor, James Ibori, Senator Iyoola Omisore, Tunde Ogbeha, Raymond Dokpesi, Senate Minority Leader, Senator Godswill Apkabio, Dayo Adeyeye.

T H I S D AY TUESDAY FEBRUARY 21, 2017

COMMENT

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

THE POWER OF ONE

“

Turaki A. Hassan pays tribute to Yakubu Dogara, Speaker of the House of Representatives, as The Sun political icon

The Board of Editors voted for you in recognition of your antecedents as a dogged patriot, a torch bearer, a staunch believer in the principle of the separation of powers and ultimately the defender of the democratic faith. We have followed your path since you emerged the Speaker of the House. We also know that there have been battles here and there. But you are still here and we recognise the courage you have shown maintaining the delicate balance between the independence of the legislature and working with the executive and more importantly, your safeguarding the principle of separation of power without rocking the boat.” These were the exact words of Eric Osagie, Managing Director and Editor-in-Chief of The Sun newspaper when he led the management staff of the paper to formally notify the Speaker of the award as Political Icon of the Year 2016. On Saturday, the speaker stepped forward for this recognition, which comes with its own concomitant responsibilities. Coming from a humble background, one would have said that he was not cut out for politics because from his days at the University of Jos to the early part of his legal practice; nothing in his life indicated that he will become a politician. His life is a personification of the awesome grace of the almighty God who has consistently led him in all his endeavours. What distinguishes and endears him to people is his uncommon humility which is seldom the case with people occupying high positions in our country. He plays politics without bitterness and reaches out to even his staunchest critics and self-declared enemies. I recall that just few hours after his election on June 9, 2015, the speaker started the work of reaching out to his opponent in both words and actions as he said in his inaugural speech that, “together we will heal the wounds and divisions of this contest. Together we shall work to deliver good legislation and good government to our people.” At around 2am, we drove to the residence of Rt. Hon. Femi Gbajabiamila in Apo Legislative quarters in Abuja in company with scores of members where he truly began the work of healing the wounds and divisions of the election. Unfortunately, Hon. Gbajabiamila wasn’t home. It was the speaker’s singular decision even against the wishes of many of his strong supporters and allies in the House that saw to the emergence of Gbajabiamila as the House leader. He continued to appeal to and pacify those opposed to it and the rest as they say is history. The next acid test for Dogara was the constitution of the standing committees of the House. In that too, he was able to navigate the tumultuous waters displaying uncommon political and leadership prowess. In spite of initial misgivings by few of his colleagues everything went smoothly and one after the other the speaker kept reaching out to them. I recall that the House Chief Whip Rt. Hon. Alhassan Ado Garba once told me that he was shocked and that if he had his way he would have dug the ground and buried himself when he heard a knock on his door and lo and behold it was the speaker – the very man whom he did everything to stop from emerging and even continued to oppose his leadership. Once the door was opened the speaker only told him that “Alhassan we are brothers please come let’s work together. Let’s put our differences aside and begin the work of remaking Nigeria.” Interestingly, for these same and many other reasons the Leadership newspapers bestowed on him the award of Politician of the Year 2015. Of particular interest is that these recognitions are coming despite desperate,

THE SPEAKER ALWAYS SAYS THAT JUSTICE IS NEEDED IN BUILDING A CIVIL SOCIETY, AND THAT FOR SOCIETIES TO GROW, LEADERS MUST UNDERSTAND THE WORKINGS OF JUSTICE WHICH IS NECESSARY IN ANY DEMOCRACY FOR EQUALITY TO THRIVE. IN FACT, HE STRONGLY BELIEVES THAT ESTABLISHING BOTH PRINCIPLES IS NECESSARY FOR NIGERIA TO MAKE ANY MEANINGFUL PROGRESS

calculated and well-planned efforts and attempts by his traducers to tarnish his hard-earned reputation as incorruptible and patriotic leader. The tales of lies, mischief, distortions, and allegations peppered with tongue-in-cheek drumbeats and obvious fabrications have now crumbled on their very head. Nigerians now know the truth because as Winston Churchill said “Truth is incontrovertible. Panic may resent it, ignorance may deride it, malice may distort it, but there it is.” Thankfully, the speaker has been able to come out clean, with his head high. There is nothing greater than the truth and Dogara’s life story reflects nothing but the truth. It is his life, his way and what defines his person. Here is one who achieved greatness through sheer hard work, honesty, commitment to common cause and antique shrewdness. It is Dogara’s political philosophy that leaders should at all times live exemplary lives of service, sacrifice and selflessness. The speaker always says that justice is needed in building a civil society, and that for societies to grow, leaders must understand the workings of justice which is necessary in any democracy for equality to thrive. In fact, he strongly believes that establishing both principles is necessary for Nigeria to make any meaningful progress. Today, the House of the Nigerian people, the green chamber, is at peace with itself and busy legislating for the good of the people. Indeed, Dogara’s efforts and leadership have started yielding positive fruits for the country as record numbers of bills are being passed on daily basis. In just one and half years, more than 150 bills have been passed by the House just as work is being done on about 800 more. Of the 18 non-budget-related bills signed into law by President Muhammadu Buhari, 17 are House bills and all emanated from the statues reforms committee set up by the speaker. In addition to this, Dogara is also strongly leading campaigns for the financial and political autonomy for local governments which saw the leadership of Nigerian Union of Local Government Employees paying him a “Thank you and solidarity” visit recently. Worthy of mention is the speaker’s interventions on the humanitarian crisis in the North-east where he is championing calls for the convocation of an international donor conference to rebuild the region in addition to his sponsoring of the North East Development Commission Establishment bill which is now awaiting presidential assent; to his many visits to internally displaced persons camps across the country providing succour and relief materials to them. “This kind of award…serves as a motivation and without motivation we cannot achieve much. We cannot innovate without motivation and whether we like it or not, politics remains the only way through which leadership can be recruited in many countries and the only way we can institute governments. So, it (politics) has come to be with us; we cannot run away from it. It can only take people and not angels to improve on existing situations; so when leaders who truly love what they do are motivated, this increases the chances of having better leadership, which will translate to the development of the country,” the speaker said on December 6, 2016 when management of The Sun newspaper delivered the award letter to him. Hassan is the Special Adviser on Media & PublicAffairs to the Speaker

CHARTING A BETTER COURSE

The Lagos State Government is making good strides in education, writes Goke Somefun

agos Governor Akinwunmi Ambode is a hurricane blowing good tidings. The hurricane has touched virtually every critical sector in less than two years since he took over governance of the nation’s commercial nerve. A key sector receiving his massive attention and magical touch is education. The ministry has never had it so good in the state. Under Ambode, it has not only received massive funding but also priority attention. Mindful of the pivotal importance of effective teaching in education, the governor approved recruitment of 1300 teachers in public primary schools across the state. This was less than six months after his inauguration. The massive appointments, the first of its kinds in a long time in Lagos, shortened the widening unemployment gap and led to economic empowerment. Most of the new appointees have taken a significant chunk of dependents on their pay checks. The socio-economic ripple effects are not only imagined but experienced across the state. To appoint is easy. To pay is tough but to create a conducive an enabling working environment is toughest. But Ambode has proven to be tougher than the toughest hurdles. He has reignited in teachers a burning zest and passion for the noble profession. Many of them have come to accept, for the first time, that their rewards can indeed begin from earth. While they await the unimaginable rewards in heaven, the teachers are smiling again these days under Ambode. Their smiles have returned. Their

enthusiasm freshened. The governor, realising their prime roles in life, has restored their self dignity. Deji Bankole, one of the newly recruited teachers, is proud of his career path once again. “For many years, I taught in private schools and lost my pride. The environment was hostile and stifling. I was at the mercy of parents, students and school owners. Everyone seemed to be fighting me. I was demoralised and ashamed to be a teacher. But since I got employed in the public service, my life has changed. My salary arrives big and on time. I can plan well with what I earn. I save and even invest from my earning. I can rise in the system with parameters in place. In a long time since I started teaching, I feel valued and important. It is so amazing what difference my profession has witnessed in such a little time,” he said. Folks like Bankole have regained confidence in teaching again. Because of Ambode, they are staying put in the noble profession instead of opting for unfamiliar terrains. The students and society are all the better for it. As he is restoring smiles to the teaching personnel, Ambode is also giving public schools massive facelifts across the state. Many of the buildings are wearing new looks with modern furniture and designs. The new, inviting environments are exciting the children, making them looking forward to studying every day. The tutors and teachers arrive classrooms equipped with modern facilities buoyed to take the learners through unforgettable adventures. Public libraries, hitherto despicable and forgotten, have started receiving enthusiastic readers again.

The cozy environment, friendly personnel and well-stocked facilities are breathing fresh air again. They came alive through the strategic intervention of the governor. Over 21 of them have been renovated including those in Ilupeju, Yaba and Ipaja. The governor replicated the works in all the six education districts of the state. But Ambode, ever forward-looking, is going beyond rehabilitation of old structures. He has launched modern libraries in 18 schools to kick off the Lagos Digital Library project. The new libraries have already been opened for use in the respective schools with facilities such as new furniture, books, computer systems and internet facilities to improve the learning experience of the students. The government also provided solar powered inverters for consistent power for the facilities. On November 11, 2016, the hurricane governor scored another first by launching the Code Lagos Initiative. The project was conceived as a computer programming initiative for students. One million students are expected to be trained in computer coding in the next three years under the scheme. “With the new concept, Lagos State has joined the league of technology-compliant nations that had recognised the importance of harnessing the power of technology for the success of their nations and nation-states. “As the 21st century world is becoming increasingly reliant on technology, forward looking governments and policy makers, social impact organisations and profit-driven institutions are taking proactive stance by investing in technology education for a better workforce,” Ambode said at launch of the project.

The governor has gone on to include computer programming in the curriculum of public schools in Lagos from January 2017 while also creating over 500 coding centres scattered across the state. The scheme will turn Lagos to the technological headquarter of Africa by 2019. Already policymakers and business leaders have hailed it, describing the gigantic project as unprecedented. “CodeLagos will change the terrain both in terms of technology, education and of course lifestyle. It’s something I can’t wait to see happen,” Wunmi Ogunbiyi, General Manager, Zenith Bank Nigeria, said. Managing Director of SystemSpecs Limited, John Obaro, said CodeLagos will set Nigeria literally on fire at the international scene. ICT centres are springing up daily in secondary and tertiary institutions in the state in support of the project. The Lagos State University, which used to be a citadel of crisis and infrastructural decadence, has suddenly found a new outlook. The protracted labour unrest in the varsity has been tackled by Ambode without much ado. Lecturers and students are basking in the new dawn of uninterrupted academic activities. The governor is not just a believer in education, he is a pace setter and innovator in the sector. His radical, innovative strides in the all-important sector are creating positive ripples for all stakeholders. He is heavy on the soft and hardware components of education. Learners are exultant. Teachers and lecturers are reinvigorated. The entire sector is revamped and repositioned. The future of Lagos couldn’t have been brighter with the clinical surgeries the governor is carrying out on the education sector. Somefun wrote from Lagos

T H I S D AY Ëž Í°ÍŻË&#x153; Í°ÍŽÍŻÍľ

EDITORIAL SAVING THE NATIONAL PARKS (2)

There is urgent need to reposition the parks as resources for economic development

ne federal agency that has deliberately distanced itself from the development strides of the various governments in the country is the National Park Service. Not even the mantra of economic diversification has been able to resonate with this establishment. As we stated yesterday in the first part of this series, our National Parks are comatose, decrepit, and even obscure and they have become emblematic of our national decay. Meanwhile, national parks in other parts of the world have not only keyed into the conservation dynamics of the world, they are playing central roles in economic development of their various countries. For instance, within the continent, countries like Kenya and South Africa benefit a lot from wild safari expeditions which attract for them tourists from all over the world who come to see the wildlife of Africa. Yet statistics revealed that countries with attractive national parks have benefited most in this regard. The Merriam Webster dictionary describes a national park as â&#x20AC;&#x153;an EVEN WHEN THE MAJOR area of special scenic, ROLE OF NATIONAL PARKS historical, or scientific IS THE PROTECTION importance set aside OF RESOURCES, MANY and maintained by a COUNTRIES HAVE national governmentâ&#x20AC;? CAPITALISED ON THEM while they are usually amazing places of TO PROMOTE TOURISM, WITH ALL THE ATTENDANT high ecological, scientific or historical BENEFITS TO THEIR value. That is why ECONOMY even when the major role of national parks is the protection of resources, many countries have capitalised on them to promote tourism, with all the attendant benefits to their economy. Going forward, a radical measure is required to get Nigerian national parks out of cesspit they have been plunged. This agency requires a dedicated conservationist, a marketing communications professional, an outsider to the rotten system with international con-

Letters to the Editor

nections to leverage on to lift conservation in Nigeria. If anything, there should be a comprehensive probe of the application of resources since the establishment of the National Park Service in 1991.

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ith the federal government to commercialise the seven parks as a solution to the problem of funding, the outgoing Minister of Environment, Mrs. Amina Mohammed, has canvassed for a clearly defined role for host communities. While acknowledging the efforts to reposition the national parks as contained in the National Parks Policy document presented by the Bureau of Public Enterprises (BPE), Mohammed said this would provide a long-term plan on which successive administration would build on. She added that even though â&#x20AC;&#x153;privatisation and commercialisation may not totally get rid of issue of corruption, it will bring about good governance structure.â&#x20AC;? We agree to the suggestion by the minister that rather than pay compensation to host communities and ask them to relocate, they should be allowed to be part of the habitation so they could be engaged to compliment the security infrastructure for the national parks as measure against poaching. In the envisaged reform, according to the minister, the role of the National Park Commission as well as the relationship between states where the parks are situated and the federal government must also be defined. She said the security of rangers must also be given paramount attention as against the present situation where they are not recognised when they die in active service. We subscribe to the ideas of the minister as we call on the BPE and other relevant stakeholders to bring them on board as they think through the process of revamping the national parks. We cannot continue to be a country where little or no premium is placed on the lives of humans, animals and trees. These vital plants and animals should be treated as natural resources and heritage that we hold in trust for generations yet unborn. But much more important, Nigeria cannot continue to treat with levity issues that have to deal with nature and the environment.

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PPP AND INFRASTRUCTURAL DEVELOPMENT IN NIGERIA

f there is a consensus right now in Nigeria, it is on the need for investment in infrastructure in order to reduce the cost of doing business in and make Nigerian businesses competitive. For Nigeria, the lack of adequate infrastructure serves as one of the most significant obstacles to building, sustaining and distributing wealth. According to the National Planning Commissionâ&#x20AC;&#x2122;s â&#x20AC;&#x153;National Integrated Infrastructure Master Planâ&#x20AC;?, Nigeria needs to spend USD3.0 trillion over the next 30 years in order to close the infrastructure gap. Similarly a 2011 World Bank publication assessed that Nigeria needs to increase its spending to a total of USD142 billion, with USD10.5 billion per annum needed for federal infrastructure and USD3.7 billion for municipal level assets over the same time frame. The development of infrastructure in Nigeria has customarily been financed through traditional forms of contract-awards by the government; but in the face of diminished government revenue, the federal government has sought to leverage more on debt-financing with the government expressing its intention to borrow USD30 billion in order to finance major infrastructure projects across the federation. The government has assured the Nigerian public that the loan will be strictly applied to infrastructure-financing. However, whilst appreciative of the determination of the government to ensure fiscal discipline, it is pertinent to note that in the advent of any further fall in oil prices, Nigeria would require additional naira revenue to meet its debt obligations, placing a further strain on the lean resources of the government and worsening economic conditions in the country.

As for domestic borrowing, industry experts have suggested the potential of a crowding out, with local financial institutions more favourably disposed towards lending to the public sector than to the private sector, thus depriving SMEâ&#x20AC;&#x2122;s of critical credit facilities and consequently hurting the real economy, increasing unemployment and growing poverty. In light of these challenges, it has been suggested that â&#x20AC;&#x153;Public- Private Partnershipsâ&#x20AC;? (PPP) offers a more sustainable and efficient mode of financing infrastructure in Nigeria. PPPs are essentially contractual arrangements between the government and private companies for the purpose of financing, building, operating and or maintaining of infrastructure projects. A PPP is implemented through various contractual arrangements and in Nigeria the most common form is the Build-Operate-Transfer (BOT) arrangement that leverages on the financial strength of the private investor for the execution of a project. In return, the investor is provided with ample ownership rights and duration within which the investor recoups his investment and makes profit, before transferring full ownership rights back to the government. An excellent example of a completed PPP project is the concessioned Onne Oil and Gas Free Trade Zone port facility in Rivers State, where over 169 companies in the oil and gas sector are running operations. The OGFZ Onne, currently accounts for more than 67.7% of all foreign direct investment by OGFZâ&#x20AC;&#x2122;s in Nigeria, and at the heart of this success is the massive infrastructure investment into the complex undertaken by the concessionaire company â&#x20AC;&#x201C; Integrated Logistics Services

(INTELS), which according to industry reports has invested over a N1 trillion in the upgrade and modernisation of the port. The advantages of the PPP model for infrastructure-financing are several, a few of these advantages include: the accelerated provision of infrastructure; job creation as the utilisation of PPP occasionally entails a joint venture with large international firms, which usually provides opportunities for local firms in areas such as civil works, facility management; transfer of technology and expertise as PPPs afford the public sector the opportunity to adopt and leverage on the expertise, experience and technology of the private sector and savings as PPP arrangements remove the responsibility of funding projects from the governmentâ&#x20AC;&#x2122;s balance sheet, thus saving the money for the country, which can be invested into other critical sectors. The opportunities and advantages presented by the full adoption and utilisation of PPP for Nigeria are many. All that is required of the government is for it to provide a stable and secure environment for private investors and their investments, by demonstrating its commitment to the rule of law - the flouting of court orders by some agencies of government does little to inspire investor-confidence. The government should also preserve the independence of the Central Bank to independently determine monetary policy and ensure a friendly tax and regulatory environment. It is hoped that Nigeriaâ&#x20AC;&#x2122;s policymakers will see the need to fully embrace the utilisation of PPP in the financing of infrastructure. Nigeria has all to gain and nothing to lose from the adoption and utilisation of public-private-partnerships. Ugochukwu J. Amasike, Lagos

T H I S D AY ˾ TUESDAY, FEBRUARY 21, 2017

POLITICS

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

EXECUTIVE BRIEFING

Dissecting the S’West Integration Plan The proposed South-west regional integration initiative is still caught between the web of politics and reality, writes Victor Ogunje

ast week, governors from the six states of the South-west geo-political zone converged in Ekiti to further deliberate on the future of their people under the Development Agenda for Western Nigeria fondly called ‘The DAWN Commission’. The parley was meant to consolidate on the discussions of the past, review the progress made and fashion ways to stimulate the zone politically and economically. Governors at the meeting include the host, Governor Ayodele Fayose, Mr. Rauf Aregbesola (Osun), Senator Abiola Ajimobi, Dr. Olusegun Mimiko (Ondo), Mr. Akinwumi Ambode (Lagos ) and Senator Ibikunle Amosun of Ogun State, who was represented by his deputy, Mrs. Yetunde Onanuga. The meeting which held at the Governor’s Lodge at Oke Ayoba hill, was deemed so significant in diverse ways. One, It went a long way to establish that the cord of the relationship established by the late sage, Chief Obafemi Awolowo during the defunct old western region has not been broken irretrievably. Also, it signposted that politics, notwithstanding, had not created a gulf amongst the leaders. It is on record that the South-west region hitherto branded the political nerve centre of the nation was sharply divided prior to the 2015 elections. While many leaders of the zone, particularly the APC national leader, Senator Ahmed Bola Tinubu held the belief that time had come for the zone to play national politics, the Afenifere leaders, like Chief Ayo Adebanjo, Pa Reuben Fasoranti and others held a contrary view. The latter unwaveringly believed that standing with the then President, Dr Goodluck Jonathan remained the best way for the south to stand united. Tinubu, who is the undisputed political leader of the zone oiled his political machines across the six states in favour of President Muhammadu Buhari based on his conviction and contrary to the belief by the Afenifere leaders that political alignment with the Northern Oligarchs had never paid off for the zone. This elicited a deep gulf among political forces and crippled the activities of the South-west governors’ forum that had existed since 1999. With these contrasting views, the governors parted ways along party lines (APC and PDP). Governor Fayose overtly confessed at the meeting that he decided to boycott the forum since assumption of office and only returned to the fold during last year’s December episode hosted in Ibadan, the Oyo State capital by Governor Ajimobi because of palpable enmity occasioned by diverse political views during the last poll. Looking at all these, the revitalisation of the forum was an apt and propitious step contrived to heal the wounds of the past for the zone to remain strong and virile in national politics. At the regional parley, deliberations were centred on the issues of security, specifically how to tame the rampaging herdsmen that were holding the region by the jugular through senseless killings and unceasing arson. Other pivotal issues included the regional light Rail construction, exchange of ideas for good governance, economic relations, education and youth development among others. The governors, in their two hours meeting, adopted policy for the pursuit of common educational, security and agricultural policies for the zone. In a communiqué they all adopted, 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 it a common interest in the region. The communiqué read by the host governor, Mr. Fayose, said it was expedient for the zone to exchange notes in the area of security through convergence of security chiefs and other intel-

The South-west governors after their meeting...can they push this through

ligence institutions to manage the aerial, land and waterway, which makes up the security architecture of the zone. The governors, perhaps, agreed to build a multi-modal transportation system through effective partnership in the areas of road construction, water and air. To solve the lingering epileptic power supply that has been the bane of industrial development in about four of the states, the states agreed to partner in energy and power sectors. Veritable efforts are also to be made in leisure and entertainment sectors, 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 of western Nigeria as Regional Centre of Excellence”, they said. The forum disclosed that the new entrant, Governor Ambode of Lagos, had also shown overt and unflagging commitment towards making his state a critical stakeholder of the Odua Investment group, to make the company stronger to discharge its onerous duties to the zone. And because of the agrarian potential of the region, particularly its good climatic and soil conditions, which favourably give it a comparative advantage for farming, the governors agreed to adopt the South-west Regional Integrated Commercial Agriculture Development Programme (RICARD), with Lagos to champion a structured regional food exchange programme. The communiqué read further: “We also approve the report of the sports development strategic plan of action for South-west Nigeria. 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 meeting didn’t end without touching on national politics. Fayose, at the opening session, said the federal government’s alloca-

tion in the N7 trillion worth 2017 budgetary provision to the South-west was inadequate and meager to drive development in the zone. He agitated 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 Ekiti governor pointed out that to elevate the South-west in all spheres, 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 about 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 provisions 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 budget to ensure that states in the South-west 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. On the need for the Yoruba race to stand united regardless of the diverse political interests, Fayose said “Americans go about fighting their political battles without undermining the collective interests of their country, and that is the kind of spirit with which we must operate if the Yoruba nation must regain its pride of place in the Nigerian nation”. Fayose appealed to the governors to always take proactive actions to convert their deliberations into physical development, saying this remains the only way the regional integration programme can be respected by the people. “With the present economic realities, it has become pertinent that the necessary political will

is put behind agriculture, education, security and physical infrastructure on the long run. For Instance, in the area of education, it is time for us to have a common curriculum. Also, we must ensure cooperation among our security chiefs, such that if a car is stolen anywhere in the region, it will be found before being taken out of the region. This task may appear enormous, but if we are determined and speak with one voice, as a people, it is achievable”. Stressing further the menace of herdsmen and destruction they are doing to farmlands and causing colossal damage to food production in the zone, Fayose said “In promoting agriculture, we must take into consideration the menace of herdsmen, which has become major impediment. The question is: how do we continue to encourage our people to embrace farming when their investments are being lost daily?” He added that “One other germane issue I will want us to look into is the federal government $1 billion Eurobond, re-payment of which is to be made from source (before accruing to the federation account) and expected to last till 2032. As representatives of the people of the South-west, whose future will be affected by this $1 billion Eurobond? I expect that we look beyond party politics and ask questions as to the beneficiaries of the bond, its repayment and what the South-west will benefit from it”. The governor said there was need for zonal leaders to constantly engage the representatives in the Federal Executive Council (FEC) and the National Assembly and impress it upon them that they must use their positions positively for the zone. When quizzed on how the region can overcome the temptation of politics, the governors of Ogun, Osun, Oyo, Lagos and Ondo assured that the zone would continue to play bipolar politics and that there would be mutual respect for the political ideologies of all members in the interest of peace and development. But how far this assurance can be realised is still a knotty issue to solve because the forum would have to fight assiduously to convince Nigerians about the practicability of this next year, when the governorship elections will hold in Ekiti and Osun States.

T H I S D AY ˾ TUESDAY, FEBRUARY 21, 2017

PERSPECTIVE

Understanding the Myth of James Ibori For one who has survived impossible political minefields, it is understandable why a former governor of Delta State, Mr. James Ibori remains an iconoclast before his people. Magnus Onyibe writes

etween 2002 and 2007, so much was the affliction of James Ibori by powerful political foes controlling the levers of power in the presidency, using the EFCC, DSS and police force against him that a former Lagos State governor and APC national leader, Bola Ahmed Tinubu once nick-named him Apamaku – a Yoruba term literally translated as the man they have been trying to kill without success. The appellation is apt because despite being one of the most persecuted and prosecuted politicians in Nigeria, where others have wilted, lbori has been resilient enough not to die politically or physically. As a human, he might have buckled when he was encircled and entrapped by the UK authorities that launched ferocious attacks on his family by jailing his only sister, Christine, his wife Nkoyo, and the mother of his daughter, Udoamaka, hence he was compelled to plead guilty to the crime of money laundering. But he has now done his time and having been unshackled, he is ready and able to fight back by proving his innocence of the crime that he pleaded guilty to simply because he was under duress. Before going further, it is germane that we first go back to ground zero of Ibori travails and triumphs in politics by presenting them in a dramatic format. Act 1, Scene 1: The conspiracy to ‘fix’ Ibori politically dates back to 2002, when he was preparing for his second term as governor and led other governors against former President Olusegun Obasanjo, who was also seeking a second term. The decision to stop Obasanjo was hinged on his undemocratic style of leadership rooted in autocracy, which is derived from his military background, and also, according to conspiracy theory, to enforce Obasanjo’s pre-coronation agreement to serve only one term. Scene 2: Leading 26 other PDP governors to meet with the chairman of PDP, Audu Ogbeh to register the opposition of the governors to the re-election of Obasanjo, lbori practically belled the cat as was the case of the popular folklore: Who Will Bell the Cat? What Ibori did was an equivalent of planning a military a coup. And the potential beneficiary of the initiative, then Vice-President, Atiku Abubakar demurred from challenging the president as envisaged, thus Obasanjo was nominated by PDP and subsequently got re-elected. Scene 3: In the military, anyone who plots a coup that did not succeed, pays the ultimate price and as an ex-soldier, vengeance was rife as Ibori, who literarily led an equivalent of a political coup d’etat which was not followed through was targeted for destruction. So Ibori’s frame-up as ex-convict was a farce designed to halt his re-election bid and to kill him politically. Scene 4: Invariably, Obasanjo’s attempt to get a third term in office as president without allowing other political office holders like governors and legislators enjoy similar privileges was his Achilles heels. Alas, Obasanjo, who went after Ibori for standing against his re-election for a second term in 2003, almost got the legislature to review the 1999 constitution of the federal republic of Nigeria to accommodate his third term bid in 2007, but Ken Nnamani, then president of the senate led the legislators, who felt Obasanjo was being clever by half, to literally pull the plug on him while he was away in Paris, France deliberating on the infamous green tree agreement that sealed the ceding of Bakasi peninsula to Cameron. To underscore how vicious politicians can be, a reprisal action to ensure that Nnamani never made it back to the senate was taken. Scene 5: Recall that Ogbe, then PDP chairman was also sacked by Obasanjo a day after he ate pounded yam with him during a visit to his abode. Ap-

Ibori...the cat with nine lives

parently, he was sacked for the ‘effrontery’ of delivering the message of the 26 governors against his re-election in 2003. Act 2, scene 1: The second time another president betted against Ibori and lost was when the late Umaru Yar’Adua suddenly passed away mid-way through his four years tenure in 2010 and then Vice-President Goodluck Jonathan had no mandate to step up as acting president until the Doctrine of Necessity was enacted by the National Assembly. Scene 2: While lbori was of the strong view that in line with the power rotation principle within the PDP, that the presidency should remain in the north, which implies that GEJ should serve out Yar’Adua’s final two years and let the next president come from the north to maintain status quo, GEJ and others had contrary views. The acting president, who was determined to run for the post of president against the grain of thought in the PDP, saw to it that all stumbling blocks on the path to achieving his ambition like lbori were removed by hook or crook. Scene 3: Those who wanted to break the PDP unwritten code compelling rotation of power principle, had their way and that culminated in lbori going into exile as corruption allegation leveled against him and already settled in the court was suddenly resurrected in order to incarcerate him. The Curtain Falls for PDP Regretfully, the new ruling party APC since taking over some 20 months ago has been bemoaning the calamity that befell our country after six years of what they termed visionless leadership resulting in socio-economic failure. Thus, Ibori is vindicated because it is the failure to heed his wise counsel to let power remain in the north as earlier agreed in the PDP that put leadership in the hands of people considered to be grossly incompetent resulting in the pervading religious and ethnic polarisation currently ravaging Nigeria. With the Principle of rotation of power, which was the glue holding the PDP together being trampled, the newly energised and rampaging APC rode into town like the legendary knight in shining armour to claim the trophy that had been trifled by the former holders, who did not really appreciate the value of the leadership baton passed on by PDP founding fathers. Even the politicians, who dared to bet against lbori by squaring up with him locally in Delta State politics via the attempt to divide his political family, in the run up to the governorship contest in 2015, were given bloody nose as he triumphed over them. Interestingly, it is not only politicians that betted against lbori and lost; the DFID, the British aid agency also betted against lbori and failed. To put the ignoble role of the British aid agency

in perspective, permit me to quote copiously from an article titled: “How The UK Conspired To Convict Ibori, Gohil, Others: Govt’s Role”, published by Tony Eluemunor, lbori’s media aid in vanguard newspaper of 4th January, 2017 and on several online news platforms. Being in the forefront of anti-money laundering initiative in the UK which it has been funding with millions of tax payers pounds sterling, DFID had to give the impression that it is throwing good money after lots more to be confiscated, hence at first, the agency alleged that lbori laundered $250m, then reduced it to $200m, $50m and finally $18m claimed by Home Secretary, Amber Rudd in the last case hearing held on 20th December, last year whereby the Home Office attempted to prevent the release of lbori after serving his term. According to Eluemunor in the article based on findings by British lawyers to Bhadresh Gohil, former lbori lawyer, “Having lost in Nigeria, after the DFID-funded EFCC lost the case against Ibori in 2009, the DFID-funded British Police then dragged the same charges to the UK. Thus, the charge over sale of Delta State’s shares in V-Mobile arose merely to exaggerate the value. Yet, it is remarkable that Delta State lost no money in that entire transaction. “Just how Britain steered this prosecution speaks volumes. DFID was effectively, the second-largest shareholder in Celtel BV and was a stringent opponent of Delta State in the V-Mobile Boardroom. All of this was undisclosed during the trials”. Continuing, the article revealed that “Clearly, neither the Nigerian nor the British public knew that in the V-Mobile shares sale issue and the Ibori case, DFID acted as aid partner, governance monitor, investigator in Nigeria through its funding of the EFCC, UK investigator, UK prosecutor, and had a senior employee as the jury foreman. Not even the Nigerian government exercised such powers in its own land. DFID was at the same time funding NGOs that it could use as pressure points to affect any government policy or election, even as it was also funding on-line publications to further those ends” He concluded by pointing out that “Also, DFID, through its commercial arm, CDC Plc, was actively and discreetly using tax havens and acquiring substantial assets linked to Ibori and in particular acquired V-Mobile through Celtel BV.” The bad news for DFID is that the last time lbori’s confiscation trial got on the way in 2013, a valuation of not more than £300,000 was made. Compared to the $250m that the DFID bandied around initially, the purveyors of the false Ibori money laundering allegation may literally be in hot water by the time lbori’s appeal against his conviction commences. This is so because the DFID has a lot of explanations to give to British tax payers on why they lied that lbori had $250m laundered in the UK to justify all the funds (£16m) that was being wasted on a wild goose chase just to nail the irrepressible lbori as if they were on personal vendetta. The wisecrack, time will tell, rings true in the current instance because the truth is indeed in the belly of time which is currently being unveiled, no matter how long it takes. To some naive Nigerians, who were fed with tissues of lies about lbori making away with Delta State money when he was governor, it is now clear that there is no evidence to prove such crime. On the contrary, lbori is a hero to the long suffering people in the Niger Delta for the two following reasons: (1) He along with other warriors carried on with the environmental and human rights agitation started by the likes of the late major Adaka Boroh, who declared Niger Delta an independent country back in the days to assert the rights of the long suffering Niger Deltans to control how the hydro carbon resources under their earth crust is explored sustainably. The poet/playwright, Ken Saro-Wiwa continued with the resource control struggle through intellectual efforts after Boroh tried through the famous kaiyama declaration and James lbori and others have continued to pursue the Niger Delta cause through party politics. That Ibori is today regarded in the Niger Delta as modern day Adaka Boroh and Ken Saro-Wiwa

wrapped together, is not debatable. (2) Ibori is the one that constructed the first bridge into Ijaw land enabling the first car to ply the roads in izon domain via the bomadi bridge into the creeks. Same Ibori built the omadina bridge into itsekiri land and he is responsible for establishing a state university in Abraka with a campus in Anwai and three polytechnics and three colleges of education in each of the three senatorial zones in Delta State. Apart from the specialist hospital in Oghara, lbori upgraded general hospitals in the major towns and established health centre’s in all the 25 local Government areas of the state. The foregoing are just his signature projects executed between 1999 and 2007 and they are some of the reasons that Delta State stands still for Ibori and his followers share the pains whenever he is pieced for their sake, as evidenced by the overwhelming crowd that welcomed him home and the steady stream of visitors pouring into Oghara since his homecoming. In conclusion, lbori weighed against Obasanjo’s re-election bid and a cloak of ex-convict was put on him to scuttle his re-election as governor, but he survived the onslaught by defeating his traducers in court and serving a second term. Unfortunately, in Nigeria, once a negative toga is put on somebody, it’s difficult, if not impossible to erase the negative impression, which becomes a stigma hence some naive Nigerians still perceive lbori as an ex-convict without evidence to back up such claim and worst still, when the courts of the land had long cleared him of the allegation. Amazingly, today, lbori has survived the vicious plots against him from two Nigerian presidents and powerful UK business interest. Six years after, the mistake that lbori stood against manifested as a sitting president was ignominiously shooed out of Aso Rock villa, ostensibly for incompetence and corruption that was stinking to high heavens. For over ten years, the DFID working with CDC with business interests that were competing against Delta State government business interests such as the stake in econet wireless, now Airtel worked surreptitiously towards clamping Ibori in jail in the UK under the guise that he was involved in money laundering, whereas they were pursuing their business interests. At the end of the trial, both the police prosecutor, and the crown prosecution service, CPS personnel, who handled Ibori’s case, for their ignoble roles have received reprimands instead of medals. With no hard or fast link to alleged laundered funds in UK banks, the DFID is about to confront its greatest nightmare when its conflicting interests as the complainant and the judge would be laid bare in the course of Ibori’s appeal against his conviction. Obviously, the last has not been heard of the Ibori debacle. Meanwhile, the crowd of wellwishers who stormed Oghara to welcome their hero despite all the strategies adopted so that he could go home without much ado were simply anxious to see Ibori to confirm that indeed their hero is truly back home. Today, Ibori is laughing last because instead of his profile diminishing, it has been magnified to the extent that his supporters now ascribe metaphysical prowess to him. This is attested to by the fact that most of the massive crowd of supporters surging towards him were principally struggling to touch him and confirm if he is a phantom or indeed human for having survived the ordeal that has killed many. In the final analysis, one inalienable fact about Ibori is that his supporters are attracted to him because they believe that he is a fighter for the course of the common man and the victim rather than the villain of the powerful figures and organizations whose raw nerves he literally touched resulting in his ordeal and for that reason, Niger Deltans adjudge him a prisoner of conscience, who has just returned home after going through the school of life. - Onyibe, a development strategist and futurologist, is a former member of Delta State and an alumnus of the Fletcher School of Law and Diplomacy, Tufts University, Medford Massachusetts, USA

TUESDAY, F Ͱͯ˜ Ͱͮͯ͵ ˾ T H I S D AY

FEATURES

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

A snapshot of start-ups working at CcHub, Yaba

Banjo

The Tech Way Solomon Elusoji who visited Yaba, Nigeria’s version of Silicon Valley, reports that although the Nigerian technology scene is far from hosting billion dollar companies, it has the potential to become the solution to the country’s oil addiction

Nwogbo (left)

n February 2, Snap Inc., the parent company of popular networking app, Snapchat, filed

paperwork to raise $3 billion for its Initial Public Offering (IPO), valuing the company at $25 billion. Started by Stanford dropout Evan Spiegel in 2011, Snap, if its IPO is successful,

will be the latest to join the league of uber-successful technology companies that has been the staple of Silicon Valley since the Dotcom crash. This kind of success, where

billions of dollars are involved, is a phenomenon that has not been replicated in Nigeria’s technology sector (there were rumours in early 2016 that Interswitch was inching close

Facebook’s Mark Zuckerberg (1st left), during his visit to tech hub in Yaba, Lagos

T H I S D AY ˾ TUESDAY, FEBRUARY 21, 2017

FEATURES

The he country needs more tech hubs, not just ust in Lagos but spread pread across its vast landscape. andscape. It is mindboggling oggling to imagine the he hundreds of potential otential Zuckerbergs that hat might be lurking in n remote corners of the he country to a $1 billion billio o n valuation). valuatio io ion) o n) n). This his is not for lack la ack o off trying tryi y ng Hundred d s of o or ambition. Hundreds chnology technology products are unched locally every year, but launched ey meet with little success, they ue to a plethora of reasons. due he biggest successes have The me in the form of e-commerce come mpanies like Konga, payment companies ateways like Paystack and gateways reaming services like IrokoTV. streaming But, like it can be said of verything in Nigeria, hope everything is not short in supply. When acebook’s Mark Zuckerberg Facebook’s sited Lagos in August 2016, visited hee spoke of a certain “energy” at characterises the city and that itss people. And he could not ave been wrong, judging have at he made the comment that in Yaba, Nigeria’s version of licon Valley. Yaba is home to Silicon cHub and iDEA Nigeria, two o CcHub -up of the most prominent startstart-up cubators in the country, y, and incubators so houses over 20 technology tech h n ology also mpanies. IItt is the t he likeliestt companies. ace where wh h e r e a billion dollar do o lla lll a r place igerian n technolog g y comp mp p any Nigerian technology company ight spro ut. t might sprout. However, o b sessio ob iio on o an obsession ith billion n d o l l ar figures ol figu g u re gu r e s is is with dollar nhealth h y for start-ups star a r tar t - upss in this t his unhealthy art of thee world. w o rld wo d. W ith h barely bare ree lly rel y part With c t of Nigerians N ig g eria an nss having h avin ng 39 perr cent cesss tto o thee inte te ternet te ((according aaccco c co o rdin ng access internet 2 0 16 6 Pew Research R e s e arr ch C Re entrr e to a 2016 Centre portt ), ) the t he h e focus, f ocu u s , instead, i n stt ead in d, d, report), ould db n creating cree at a t i n g products p r od pr o u c tss should bee on nd se e rvic i c es tha ic h a t solve ha so o lve the and services that oblem m s of o f th h e burgeoning burr g eo eoni nii ng ng problems the arket. The T he Th h good g o od d news n ew e w s iss tthat hat ha market. ere are a growing g owi gr o w i ng ow g nu u mb m er of there number oung Nigerians Nigee ri ria an ns w wh h o are doing young who st that. just uilding to Solve Problems Building William Nwogbo is the CEO ChurchMember.com, of a chnology service that wants technology to redefine the communication pect of church administration. aspect ’ve always wanted to build “I’ve

things that could make life easier for people. So everyday I look for problems to solve. Currently I am solving the problem of church management, trying to see how I can help strengthen the relationship between church administrators and their members,” he told THISDAY. The service launched in 2016 and has experienced steady growth. “In Nigeria the adoption on n rate can be high for ssocial o c ial applications, but when itt comes c omes to enterprise applicat t i o ns, it applications, takes some time,” Nwo o g bo said. og Nwogbo “We’ve had churches using u s ing the application, but I won n ’t ’ say our won’t expe ex p ct pe c ations have been bee en met. expectations The market ma a rk rket et iiss st sstill illl growing.” A Software Engineer by tr aii ning n i ng ni g , Nwogbo, who is part training, of the Yaba Yab abaa community, is optimistic aboutt the t he future. “I see a very strong future fu u ture for tech in this country,” hee ssaid. aid. “There are still lots of opportunities oppo o rt r unities for people to tap into. For Fo o r example, we don’t have serverr farms; we don’t have hardwaree products. In the next 10 years, I see tech being at the forefron n t of our forefront economy. So we need to t o educate our political lead d e r s on this, leaders that tech is the hee way forward. It is an opportunity opp pp p o r tunity for us to liberate o u r selves from being bee in i ng ourselves depend d e nt on oil.” dependent On nw hat keeps hi i m motivated what him in h i s journey ey y of running a his te e c hnology ccompany, o mpany, he said: technology ““You You need d to t o have the right set of people peopl p l e around you – people pl that share s h are in your dreams and yo o u r passions; because when your tthee road gets bumpy those are th the people that stand by you. They are the ones who don’t do o n’ nt second guess you and a nd n urge urg rge rg g you u to keep p going. g in go n g. g. T Then you yo o u need n ed ne to have hav ave av v e the right righ g h t environment; gh een n vi nvi v i ro r nm nmen m n t; t p pl pla l ac a c es like l iik k e CcHub Ccc H u b and IdeaHub C Id d e a Hu ub places wher r e you u can c a n come c o mee up p wit th where with (and n d incu nd u b att e) aamazing m a zing g iideas. d e ass . incubate) T Ta kee P ay y stac a c k for ac f o r example; fo exam m pl p e; Take Paystack th h ey’v v e be e e n ssuccessful uccee ss s s ffu ssfu u l largely l a r g ell y they’ve been be e cau u s e off tthe us h e environment environ on o n m e nt because th h e y sset ett up u p in iin.” .” ” they Trr a T aii ning ng g the t he eG Ground Soldiers Training IIn n June 2016, the Chan Zuckerberg Initiative led a $24 million Series B round of funding into Andela, a company focused on training talented developers and helping them find employment at top technology firms. Venture firm GV joined the round, alongside existing investors Spark Capital, Omidyar Network, Learn Capital and CRE Ventures Ventures. “The goal is to

cultivate the next generation of founders and CTOs of great companies across Africa,” cofounder and CEO, Jeremy Johnson said at the time. But Andela is just one company an n d ca ccannot nnot possibly and fulfil thee grow w i ng demand growing for worl l dd class s developers world-class from Afric c a. T his prompted Africa. This Mofesola B an n j o , a Computer Banjo, S Sc ience gr g adu u a te of the Federal Science graduate U Un iversi sii t y of o f Technology to University st t ar a t D e vCrr i b, together with start DevCrib, some mee co o l leagues. ol “We’re colleagues. putting up p a tech garage to produce st sstandard andard developers and solvee the scarcity that has envelope ped the tech ecosystem,” pe enveloped he said. said d . “We intend to graduate d. at lea a st s t 10 yearly.” least Ba a n jo describes Planet Nest as Banjo a “m m ore affordable” version of “more And d e la for companies seeking Andela to h ire world-class developers. hire Thee novice developers und d e rgo an intensive one yearundergo prog g ra r mme before landing jobs programme wher r e they build world-class where techno o lo l gy p rodu ro d uct du c s. A ct t ime ti me me technology products. Att a time when u n employment rates unemployment are high and the continent is experiencing a drought in technical and e n gine en gii ne g neer e erin ing in g engineering skills, DevC vC C ri r ib b iiss meeting a DevCrib solid d ne n e ed. need. ““II see a very bright future for tech in this country,” Banjo said, on his motivation for running DevCrib, which is privately funded, “tech itself is the future and nothing has changed man’s life so much since thee d iiss co c very discovery of fire. Nigeria ccan a n expec c t the expect shiny y bright b ight tech br t ech h future; f u tu futu fu t u re; the th h fo o u ndati tii on o ns n aree be e iin n g laid id d foundations being aalready l ree ad a d y wi i tth h iincubation ncu u b atiio i o n ce ccentres e nt n t res with aall l l aro o u nd, tth h e increa ea easing ea g around, the increasing popu u latii on o tthat hatt ccode, o dee , the factt population tth that h at a t aalmost lmo o s t 50 0 perr cent cen n t off tthe he tota al p o pu u l a tii o n aree you u ths, the t he total population youths, 4466 pe e r ccent ent in n te t e rnet p enee t ra rati tii on per internet penetration aand, an n d, v ery y imp p o rtt an po a tll y, tthe he very importantly, pa a ssio o n aate ttech-preneurs e h-pr ec prr e n neu eu eur u r s aall ll passionate ov v er e the hee country.” h c ou u ntry ry y. ” over

incubato early stage fund and incubator Valley company from Silicon Valley) star was in Nigeria to invest in startawa ups, and he was swept away a by what he found. “They are abou just great and passionate about wor developing solutions that work, and I see great potentials in th them,” he told THISDAY at the Niger time. “Since I came to Nigeria for the Start-up Friday show in Lagos, I have seen several star startviab up companies that have viable nee products and what they need suppo is the push in terms of support the and investments in their reaso solutions and that is the reason we are in Nigeria to invest in star the Nigerian technology startups.” th The onus is now on the th government to provide the an necessary environment and support for technology to bu thrive. It sounds cliché, but “Silicon Yaba” will not happen if o ff f ice those who hold politicall offices erm v alu do not see the long-te long-term value tech ch h n olo o g y. A of investing in technology. demonstr trr at a t ion of o f this th perfect demonstration k i nd ki d of o f support supp su pp port was waa s given give kind G overno by the Executive Governor Ak k inwunm of Lagos State, A Akinwunmi Ambo Am m bod b o de, bo d e when h en n he h e visited v i sited the th Ambode, Januar Yaba tech cluster in January provid and promised to provide star steady electricity to the startBu ups operating in the area. But wit talk should be matched with despi action. For example, despite blac being the most populous black e a rth ea rrtt h, h , Nigeria N Niger nation on the earth, p aced 4th pl 4 th t on the list l i st li s of still placed Aff ri A r iican countries c o ttrr ie co countr i e s with wii th t th African the stt tech tec t ech e c h hubs bss in 2016, 20 2 0 16 1 , lagging la a gg g in n most bee h i nd South beh Sou u th h Africa, A frr ic i cca a , Egypt E gyp behind a n d Kenya. K e ny n y a. The T he h country countt rry y needs n ee eed d and m o ree tech t hu hu no t just j u st ju s t in more hubs, not L a gos but b u t spread bu spre sp read a across acrr o ss its vast va va Lagos la a ndscc ap p e. e . It I t is i mind-boggling m in i d-bo bo b o gg g g li lin landscape. i magine the t h e hundreds hu h u ndred d s of to imagine potee ntia n t ia nt ial ial Z u c k erb Zuck e r be b e rgs ber rg th potential Zuckerbergs that migh mi gh g h t bee lurking l ur u r k ing in remote remo might co o r ners of the country. corners

A Pr P rom r om m is isin in ing ng H orizon Promising Horizon

I see a very strong future for tech in this country.There are still lots of opportunities for people to tap into. For example, we don’t have server farms; we don’t have hardware products. In the next 10 years, I see tech being at the forefront of our economy. So we need to educate our political leaders on this, that tech is the way forward. It is an opportunity for us to liberate ourselves oil from being dependent on oi

Nwogbo and Banjo are only just two of many young Nigerians doing innovative work in the technology sector today. The sensational success of Silicon Valley has provided motivation for hordes of young Nigerians to dive into technology and attempt to create their own future. From working on commercialising solar technology to reimagining everyday payments, a revolution is quietly unfolding. In September 2016 Michael Seibel ,the CEO of Y Combinator (one of the most successful

T H I S D AY TUESDAY FEBRUARY 21, 2017

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Quick Takes 19 Academics on Shell Sabbatical

FOR REGULAR POWER SUPPLY

L-R: Minister of Power, Works and Housing, Mr. Babatunde Fashola; Chairman, Ibadan Electricity Distribution Company (IBEDC) Plc, Mr. Tunde Ayeni; and Managing Director, IBEDC, Mr. John Donnachie, during the 12th monthly power sector and stakeholders meeting in Ibadan, Oyo Stateâ&#x20AC;Śrecently

NNPC Sets Three-year Target for Transition to Incorporated Joint Venture Imports 10.7bn of products in 2016 Stories by Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has said it would take it at least three years to fully transit some of its existing oil production joint ventures (JV) into the Incorporated Joint Venture (IJV). The corporation said it had initiated processes, which include the restructuring of its Exploration and Production (E&P) arm, the Nigerian Petroleum Development Company (NPDC) and payment of outstanding cash call debts to joint venture partners in preparation for the transition of the JVs into IJV. As part of its activity update,

ENERGY it said in its latest monthly production and financial report covering December 2016 that: â&#x20AC;&#x153;The corporation has signed off agreements with JV partners to enable NNPC pay off the cash call arrears, exit cash call funding mechanism and transit into an Incorporated Joint Venture (IJV) within the next three years.â&#x20AC;? It further added that: â&#x20AC;&#x153;Various activities to re-kit NPDC for efficiency and profitability through cost optimisation efforts and setting up asset management teams with the intention of transiting to Incorporated Joint Venture Companies (IJVs)

with the JV partners,â&#x20AC;? has also started. The Federal Government in December 2016 announced its exit of joint venture cash calls arrangements it had with international oil companies operating in Nigeria, thus allowing the NNPC and operators raise money for their operations outside of the governmentâ&#x20AC;&#x2122;s budgets and controls. Under the IJV arrangements, JVs will be turned into firms that control their own budgets, similar to existing gas firms such like the Nigeria Liquefied Natural Gas (NLNG) which sources for its own funding, pays taxes and royalties and also pays dividends to the

government from its operations. Similarly, the corporation said in the monthly report that, it brought in a total of 10,773,726,472.84 litres of petrol and kerosene into the country in 2016 using its crude for product swap programme - the Direct Sales Direct Purchase (DSDP). It said that under the crude oil for domestic utilisation framework which allows it to take about 445,000 barrels of oil per day, it committed 5.66 million barrels per day (mbd) of oil to the DSDP in February, 2016, 9.49mb in March, 10.44mb in April, 9.89mb in May, 7.57mb in June, 5.69mb in July, and Continued on page 22

NEITI: Why Nigeria Needs Disclosure of Real Owners of Oil Assets The Nigeria Extractive Industries Transparency Initiative (NEITI) has said it was important for Nigeria to push for disclosure of beneficial owners of companies in the countryâ&#x20AC;&#x2122;s oil, gas and mining industries, to check financial corruption and illicit use of revenues from the industries. The Executive Secretary of NEITI, Mr. Waziri Adio stated this in a statement, which was made available to THISDAY in Abuja by the Director of Communications of NEITI, Dr. Orji Ogbonnanya Orji. â&#x20AC;&#x153;Knowing how much companies paid in the form of taxes, royalty, rents etc. and

ENERGY how much government received is important, but not enough. Knowing those who are the real owners of the companies is critical to checking corruption, money laundering, drug and terrorism financing, tax avoidance and evasion,â&#x20AC;? Adio said during a consultative forum on Open Government Partnership (OGP). He called on the federal government to enact a special legislation that will compel companies in the extractive sector to make public the names and identities of their real owners, adding that the

president can issue an executive order on compulsory beneficial ownership disclosure by companies engaged in extractive activities in Nigeria. Adio explained that such legislation can be embedded or even become part of the Petroleum Industry and Governance Bill (PIGB) as well as part of the amendment to the Companies and Allied Matters Act (CAMA) of the country. He stated that nine countries, including Nigeria have published EITI reports that disclosed the beneficial owners of one or more companies, while 43 EITI implementing countries have published roadmaps on

beneficial ownership with Nigeria and 19 others set to establish public registers of beneficial owners by 2020. Adio stated that NEITIâ&#x20AC;&#x2122;s road map on beneficial ownership disclosure would provide clear definition of who beneficial owners are, the level of details to be disclosed and institutional framework that are required for effective implementation of beneficial ownership disclosure. The document, he noted, also defined Politically Exposed Persons (PEPs) and their reporting obligations, challenges around data collection, reliability, Continued on page 22

A total of 19 academics from different universities in Nigeria have begun research attachments in several fields of study in the latest phase of the sabbatical and internship programme of The Shell Petroleum Development Company Nigeria Limited (SPDC) Joint Venture, which was introduced in 1980. The eight professors and 11 research interns commenced their programmes in January 2017, seeking to build industry knowledge and understanding in such fields as biodiversity, petroleum engineering, geophysics, impact assessment, community health and oil and gas exploration. The recipients are from the University of Benin, University of Ibadan, Niger Delta University, University of Ilorin, University of Lagos, Ladoke Akintola University of Technology, Ahmadu Bello University, Michael Okpara University of Agriculture, University of Calabar and University of Nigeria, Nsukka. â&#x20AC;&#x153;Our research and internship programmes is a key aspect of our effort to contribute to the development of higher education in Nigeria,â&#x20AC;? said General Manager External Relations, Igo Weli. â&#x20AC;&#x153;It is a mutually beneficial relationship. SPDC obtains specialised and cost-effective services from the professors and senior lecturers, while they in turn acquire industry experience and exposure to new technologies that can be ploughed back to the university community,â&#x20AC;? Weli added.

Libya Sees Crude Output Rising

Libyaâ&#x20AC;&#x2122;s crude production exceeded 700,000 barrels a day and is due to keep rising as working conditions in the conflict-ridden country improve for international companies like Eni SpA and Total SA, an official from the state oil company said. The North African countryâ&#x20AC;&#x2122;s crude production is due to reach 1.2 million barrels a day by August and 1.7 million by March 2018 when the nationâ&#x20AC;&#x2122;s ports and export terminals will be operating at full capacity, Jadalla Alaokali, board member of Libyaâ&#x20AC;&#x2122;s National Oil Corp., said in an interview in Cairo. Output at the El-Feel, or Elephant, oil field is due to resume within one month, pumping 75,000 barrels a day, he said. Eni and Total are working in Libya without difficulty and Schlumberger Ltd. resumed operations in the country about three months ago, he said. Eni is due to start production from an offshore area in five years, he said. â&#x20AC;&#x153;Eni and Total are working there with no problems, so the situation is improving every day in Libya and Iâ&#x20AC;&#x2122;d like to take this opportunity as an introduction for those who have interest to work in Libya,â&#x20AC;? Alaokali said. â&#x20AC;&#x153;More than 45 percent of the land is still virgin, hasnâ&#x20AC;&#x2122;t been explored, so we still have large areas that havenâ&#x20AC;&#x2122;t been discovered, so the opportunity is there.â&#x20AC;?

Chadâ&#x20AC;&#x2122;s Upstream Income Threatened

Chadâ&#x20AC;&#x2122;s income from the upstream sector will continually erode in the post-2021 period due to declining production from current and planned fields, unless there is an oil price hike over the medium term or new large projects are brought online, GlobalData has warned. The hydrocarbon industry in Chad is an important sector for state income, representing more than 60 percent of state revenues prior to the fall in oil prices in 2014, GlobalData said. The recent sustained low price environment, coupled with the expectation that production will begin to decline into the medium term, has led to â&#x20AC;&#x153;severe budgetary problems for the governmentâ&#x20AC;? and pressure to raise additional revenues, with receipts falling by more than 50 percent from 2014 to 2015, GlobalData revealed. The global research and consulting firm has warned that a strategy of increasing state take for upstream projects may create problems as the fiscal regime loses competitiveness. The undiscounted state take for a comparative development scenario is said to be currently in line with regional peers under the older concession regime and the current production sharing framework.

â&#x20AC;&#x153;Consumers are more resistant to payment when they donâ&#x20AC;&#x2122;t have electricity, and I will be, too and you will be, tooâ&#x20AC;? Minister of Power, Works and Housing, Mr. Babatunde Fashola

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BUSINESSWORLD NNPC SETS THREE-YEAR TARGET FOR TRANSITION TO INCORPORATED JOINT VENTURE

another 5.69mb in August. It also committed 3.83mb into the scheme in September, 8.58mb in October, and 9.49mb in November, 2016, to bring its total crude oil commitment to the DSDP within the year to 76.38mb. However, the NNPC and the private oil marketing companies spent a whooping sum of N2 trillion to import 18,812,253,160.59 litres of petrol in 2016, the Petroleum Products Import Statistics of the National Bureau of Statistics (NBS), had shown. The statistics showed that the N2, 019,611,883,820.93 spent on petrol importation was higher than the figures for the previous years. The report showed that in 2013, 2014 and 2015, the sum of N264.85 billion, N1.202 trillion and N1.29 trillion were spent in petrol importation, respectively. Apart from importing petrol, the report also showed that 4.89 billion litres of Automotive Gas Oil (AGO) and 713.79 million litres of Household Kerosene (HHK), valued at N505.8billion and N70.7billion, respectively, were imported into the country in 2016. NEITI: WHY NIGERIA NEEDS DISCLOSURE OF REAL OWNERS OF OIL ASSETS

accessibility, timeliness and provided clear guides on them. He identified the absence of specific legal framework that imposes mandatory beneficial ownership disclosure as a major challenge to the implementation of ownership transparency in Nigeria, but acknowledged the existence of laws like the CAMA, Freedom of Information (FoI) Act, Code of Conduct and Tribunal Act and Public Complaints Commission Act as relevant legislations for beneficial ownership. According to him, other policies of the Nigerian government that support efforts at ownership disclosures were the Financial Action Task Force, Bank Verification Number, Automation and Access to Corporate Affairs Commission’s register.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

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Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

Army, Navy, Others Owe PH Disco N91.2bn Ejiofor Alike The Port Harcourt Electricity Distribution Company (PHEDC) has raised the alarm over the N91.2 billion debt owed by the Nigerian Army, Nigerian Navy and customers, which comprises N58.9 billion debt owed by the customers in the four states in its franchise area and a legacy debt of N32.3 billion. Speaking recently when the top officials of the company visited the General Officer Commanding 6th Division, Nigerian Army, Port Harcourt, Major General Enobong Okon Udoh, the Chief Executive Officer of PHED, Mr. Jay McCoskey said the debt owed PHED by customers was a big draw - back for the implementation and success of the projects. “As at November 2016, PHED is being owed N58.9 billion by customers in the four states, aside from a legacy debt of N32.3B making a total debt stock of N91.2 billion. Out of the above sum, Army, Navy and Air Force owe N2,120,837,452.49, N525,709,976.76 and N180,127,282.44 respectively, making a total debt of N2,833,001,288.84. If this money is paid to PHED, it will enable the company carry-out network expansion, maintenance and other statutory obligations. We hereby solicit your support and assistance in the payment of the outstanding debt particularly that of the Army,” McCoskey said. He sought the permission and approval of the Army General to install bulk pre-paid

meters in the mammy markets at Ikom, Bori Camp and Abak barracks, which are all within his jurisdiction. McCoskey commended the army for the role it is playing in securing the lives and property of Nigerians, particularly its immense contribution in curbing insurgency in the North East and the relative calm that its presence has brought in the Niger Delta Region. McCoskey told the GOC that PHED had embarked on many projects to improve power supply.

“This has resulted in the creation of 34 commercial lines and the extension of 24/7 power supply to cluster areas of Port Harcourt. Plans are ongoing to conclude and commission similar projects in other cities within the licensed area,” he added. Earlier in his speech, the GOC assured the company of partnership, co-operation and security, to ensure the smooth running of its operations in its area of coverage. He thanked the management of PHED for finding

time to visit the Division and applauded the company for maintaining good relationship with the Army especially in providing power supply despite the huge debt owed the company. He commended the partnership that has always existed between both parties, noting that electricity is as essential as the presence of the military, which allows for peaceful execution of duties without much ado. He, however, reminded PHED that it is the primary

responsibility of the Nigeria Security and Civil Defense Corps (NSCDC) to secure critical national infrastructure and public utilities. “The security issue is very paramount, though, protecting critical national infrastructure and public utilities remains under the purview of the NSCDC. We work together with NSCDC and can assure you that we will render the necessary aid if we are called upon, even if it means deploying officers to help reduce security issues to the barest minimum,” he said.

LUCKY WINNER

L-R: Regional Head, Apapa/Chairman, Promo Committee, Fidelity Get Alert in Millions Savings promo, Obaro Odeghe; N1 million naira winner, Ifeanyichukwu Chinweike Okenwa; Divisional Head, Retail Banking, Fidelity Bank Plc, Richard Madiebo and Head of Savings, Fidelity Bank, Janet Nnabuko at the 5th Get Alert in Millions Promo Prize Presentation which held in Lagos ...recently

Otakikpo Marginal Oil Field to Begin Production with 5,000bpd Chineme Okafor in Abuja Following the successful completion of maximum efficiency rate (MER) test on the production wells of Otakikpo marginal field located in Oil Mining Lease (OML) 11 approximately 60 kilometres south east of Port Harcourt, Rivers State, the operator of the field, Green Energy International Ltd (GEIL) has announced that it will commence full production and evacuation from the field soon. Supervised by the Department of Petroleum Resources (DPR), GEIL said the Otakikpo field has been given a technical allowable production rate of 8,350 barrels of oil per day (bpd) from the four strings in two wells- Otakikpo 2 and 3, for the first quarter of this year. According to its Technical Director, Dr. Bunu Alibe in a statement in Abuja, the company has also been given the commercial allowable production rate of 5000bpd for February this year by the Crude Oil Marketing Department (COMD) of the Nigerian National Petroleum Corporation (NNPC). Alibe said that it has also successfully completed its pipeline from the field to 6km offshore in preparation for crude evacuation through a shuttle tanker and finalised its Crude Handling Agreement (CHA) with Amni International Petro-

leum Development Company. GEIL, he said has also recently secured an evacuation permit from the regulatory body to enable it move its crude to Ima terminal operated by Amin. Alibe said that other milestones already achieved by the company included the approval of its field development plan, installation of its processing facility, and completion of an onshore storage facility of 45,000 barrel capacity. He said the company and its technical partner - Lekoil Oil and Gas Investment Ltd were poised to follow through all processes towards crude oil export before the end of the quarter, adding that the field has the capacity of adding about 10,000bd to the national production volume within a short period of time. Alibe expressed appreciation of the company to all regulatory agencies and other stakeholders for their support in bringing the field to production. He added that as part of its commitment to improve the socio economic status of the host communities, the company was embarking on the immediate installation of a six megawatts (MW) electricity plant, in addition to frequently funding a trust fund set up to finance development projects in the community. Accordingly, under a farmout from Shell Petroleum

Development Company (SPDC) joint venture (JV), the Federal Government awarded the marginal field to GEIL which it designated as the operator, to implement the company’s innovative

Small Scale Gas Utilisation Programme (SSGUP). Also, Otakikpo field was identified as one of the suitable sites for a pilot programme that offers unique solution to utilise the gas from the

field for power generation and Liquefied Petroleum Gas (LPG) production for domestic cooking gas. GEIL in collaboration with Lekoil began the re-entry efforts on the two wells in 2015.

Food Inflation: FG Mulls Utilisation of Grain Reserve as Farmers Kick James Emejo in Abuja Worried by the rising price of food items in the country, and concerns over the possibility of famine as a result of food shortage, the Minister of Agriculture and Rural Development, Chief Audu Ogbeh has said government may likely open up the grain reserve within the next two weeks if food prices continue to soar. But that decision has reportedly angered local farmers who appeared to be profiting from the rise in food prices because it also helps to sell their produce at higher prices. According to Ogbeh, the farmers have expressed their resentment with government over plans to cut food prices, accusing it (government) of sabotaging their business as this would be the first time they would be making high profit from farming. The Minister, however,

stressed the need for synergy and reasonable balance between the farmers profit and city dwellers survival. The country’s inflation rate increased for the 12th time in a row in January partly due to increases in price of food items. Speaking to journalists in Abuja, he said food prices appeared to be dropping in the market. He said the price of maize, Sorghum and millet are beginning to drop, noting that while maize has dropped from N180,000 per ton to N140,000, farmers are willing to sell at N135,000 in Kaduna. The federal government, he added, had also began to move Soya Beans through rail coaches from Kastina to Lagos adding that the railway is more cheaper, with no problem of taxes or break down of trucks on the road. He allayed fears about food shortage in the country as there

are some food stored in the Silos while a new round of grains are being harvested in about four states. Ogbeh explained that the stocks from the previous harvest are still with the millers warehouses adding that wheat are also being harvested. The Minister added: “With the quantity of food that despite the quantities of food that West African countries has carried from Nigeria, there are still a lot in the store unfortunately the prices are still high.” He also said there is a severe problem with maize, as it is being attacked by the Armyworm diseases, spreading across Africa and destroying farms in Zimbabwe, Kenya, Tanzania and Angola. Furthermore, he said that the ministry had been trying to deal with the disease, adding that the usual spraying of insecticide cannot kill the disease.

T H I S D AY TUESDAY FEBRUARY 21, 2017

T H I S D AY ˾ ˜ Ͱͯ˜ Ͱͮͯ͵

BUSINESSWORLD

ENERGY

Costello: Shell Will Deliver Real Value

Shell’s new vice-president in charge of Nigeria and Gabon, Peter Costello comes to Nigeria with experience spanning three decades in the energy value chain. He spoke in Lagos recently on his vision for Nigeria and Gabon, among other issues. Ejiofor Alike presents the excerpts: Your Nigeria job is your posting to Africa; could you give us an idea of what went through your mind as you prepared to come to Lagos to assume duties? Two things ran through my mind. I was starting life with Shell following the combination with BG, and coming to Nigeria was a good indication of the new world I was stepping into. So, here am I getting to work in the biggest black nation on earth; the home of talents in all fields of human endeavour, including a Nobel Literature prize winner; rich in every sense of the word and above all, the home of more than 100 million-strong soccer fan base! Would you have wished for anything less if you were in my shoes? With a First Class Bachelor’s degree in Science and Technology, and an MBA majoring in Business and Strategy Development, and having also started your working life in British Gas (BG) in 1986, where you held various positions associated with gas pipeline, engineering, HSE, projects and operations, there is no doubt that your resume more matches the unique terrain you have found yourself. So, what did you find as you landed in Lagos? The first thing was the weather. I was coming from Kazakhstan and so you can have a sense of the sun and shine I met here. Then the people; the welcome was visible right from the immigration desk. And then I faced what we now fondly refer to as the Lagos traffic, and of imbibed a new virtue: patience! But seriously speaking, the first thing that I noticed is how resilient and committed our people are and this, in the face of extremely uncertain times. Just imagine this, our business here is run by Nigerians. Our three main companies - Shell Petroleum Development Company of Nigeria Ltd (SPDC); Shell Nigeria Exploration and Production Company (SNEPCo) and Shell Nigeria Gas are headed by Nigerians. Then there is the Nigeria Liquefied Natural Gas (NLNG) where we have a 25 per cent stake and are Technical Advisor, a world-class operation being run by Nigerians. So my role here is basically to build on the excellent platform for increased value in the Shell presence in Nigeria. Since I came here last year, I have a deep respect for our colleagues in the Niger Delta because they continue to demonstrate such dedication as they work to deliver our collective objectives in spite of the challenging conditions they have to operate in. Shortly after I arrived, we celebrated the Bonga team for making a U-turn in Bonga’s performance and winning the Upstream “Asset of the Year” award. The Erha (SNEPCo Non-Operated Venture) team also won the 2016 Global Development “Barrel Chasing Champion” award for initiating studies that enabled the Operator to turn around a large number of opportunities thereby increasing production and arresting a long-standing decline. To realise that I would be working with this calibre of people was very encouraging. To find such talent and passion in one group of people at the same time is rare. Having assumed duty as Vice President, Nigeria and Gabon in October 2016, looking after the Shell business in the two countries, what is actually your vision as VP Nigeria and Gabon? You know, given the exceptional talent here and the huge resource base of the country, I’m confident we can address the challenges in our operating environment, and continue to deliver real value to all stakeholders. I know a lot of work has gone into driving costs down and improving our production availability and this must continue. We must understand the criticality of being competitive – we have to generate positive cash flow. No business can keep making a loss and still remain in business. If at the end of my time here, it can

Costello be said that we ran a safer, more competitive and better business than our competition, I will be a happy man. You took over in late 2016 as Vice President Nigeria and Gabon from Markus Droll. So, what are your expectations for 2017? First of all, once again, I would like to thank

We must understand the criticality of being competitive – we have to generate positive cash flow. No business can keep making a loss and still remain in business

our staff for contributing towards our finishing 2016 strong. There is even more work to be done in 2017. The ‘Fit-for-the-Future’ programme we have embarked on, underpinned by the continued Winning Ways of Working culture change should move us towards sustainable cost competitiveness and operational excellence as we keep a keen focus on our cash delivery. It must be clear to all that ‘improving the business is the Business.’ In 2017, I am committed to meeting as many people in and outside of Shell as I can. In December, I connected with the young leaders and Shell Women’s Network groups and hope to continue holding such employee engagements across the business throughout this year. I am keen on keeping the conversation going. I want to hear from staff so we can share ideas on how we can keep our business winning! Finally, as I have said over and over, working safely continues to be our number one priority. Success will not mean a thing if we lose any one to achieve it. What is your career advice to staff? You know, all my life, I have been somewhat of risk-taker when it comes to career opportunities. I try not to let anything stop me from taking up new positions. Sometimes, people inhibit themselves by listening to the negative voices in their heads, ‘what if I don’t succeed’, ‘what if it doesn’t work out’. Personally, I would hate to look back and say the words ‘I wish

I had’. That would be too disappointing. I would like to encourage staff to have a positive mindset. You need to own your own development. And never let anyone or anything stand in the way of you attaining your personal and career goals. Go out there and be spectacularly ambitious! Let us take a break from work; who is Peter Costello, the family man? So, I am married with two children. My wife Elena is here with me in Lagos and the children are in the UK. Molly is the youngest at 15 going on 16 albeit she thinks she is 26. Oddly enough, my son, Adam who has just finished university, seems to be looking at a future in the energy sector too. I come from a little town in the south of England called Bournemouth and our football team recently got promoted to the Premiership League. So that’s very exciting and I am hoping they stay up there! Do you have any hobby besides football? I like to play tennis (albeit badly), going to the theatre, watching movies, and listening to music. I also love food. Some people eat to live. I live to eat. But you see, that is why I play tennis to balance things out! As I have said previously, I also love experiencing other cultures and having a job that gives me the opportunity to do this is a huge blessing and privilege.

T H I S D AY TUESDAY FEBRUARY 21, 2017

T H I S D AY ˾ ˜ Ͱͯ˜ Ͱͮͯ͵

BUSINESSWORLD

INDUSTRY

The Evolving EU-Nigeria Social, Economic Alliance

Crusoe Osagie writes that the disagreements, notwithstanding, there is growing support and partnership between Nigeria and the European Union

The European Union (EU) has had a lot of successes since it was founded on November 1, 1993, in Maastricht, The Netherlands. Although the body’s activities actually started as far back as the 1950s with a different nomenclature, it formerly became a union in 1993. Beginning as a pretty much amorphous geo-political entity with only six countries as members, it now covers a large portion of the European continent. It was founded upon numerous treaties and has undergone expansions that have taken it from the founding six member states to 28, a majority of the states in Europe. However, with the result of the Brexit, the number of member states is more accurately fixed at twenty-seven and half, pending when the negotiation of socio-economic and political relations between the EU and the United Kingdom is completed. There is also growing global apprehension that with the surprising Brexit outcome, the shocking election of Donald Trump as the United States president and other seeming nationalist positions being taken by more prosperous nations around the world, the era of globalisation may be ebbing out, leaving regional bodies like the EU in need of urgent strategic reforms to remain relevant. Conversely though, for its relationship with Africa, the EU has achieved quite a bit. From the EU observer missions to the various elections within the African continent which have tacitly forced many African dictators to play fairly during electioneering, to massive economic aids and cooperation, Europe has to a considerable extent shown commitment the well being of Africa. Apart from Nigeria which has put up an argument against some provisions of the Economic Partnership Agreement (EPA) between the EU and Africa, Caribbean and Pacific (ACP) countries, most of the other countries and regions have endorsed the EPA, paving the way for massive trading between them and Europe. EU Effort in Nigeria The primary instrument for EU assistance is the European Development Fund (EDF). The current allocation to Nigeria from this global fund is around €512 million over the period 2014 to 2020. In addition, the EU provides funding from a number of other aid instruments such as humanitarian aid, support for civil society and assistance to fight terrorism. The three priority sectors for the current development EU assistance are: In the social sector, improving access to quality primary health care, the fight against malnutrition and measures to strengthen resilience and promote social protection. Included here are support for routine and polio immunization campaigns, activities to improve access to clean water and sanitation, and reinforce livelihoods and revenue generation in rural populations through food and nutrition security. As for the economy, the EU is helping to increase access to sustainable electricity, supporting efforts to improve conditions for economic growth with a focus on improving competitiveness and diversification, development of renewable energy and energy efficiency measures and strengthen-

EU headquarters, Brussels ing public finance systems at state and federal levels, to create a stable environment for trade and investment activities. In the governance sector, there is continued support for action to strengthen democracy in Nigeria, the fight against corruption, the fight against trafficking of human beings, drugs and small arms, the reform of the justice system, measures to manage migration more efficiently and effectively, and capacity building for civil society organisations. All current European Union (EU) development cooperation activities in Nigeria are funded primarily through the allocation of EUR 689 million from the 10th European Development Fund (EDF) to the EU/Nigeria National Indicative Programme (NIP). The only 11th EDF operations that are already being implemented are those funded from the Bridging Facility. These are primarily an additional EUR 15 million towards the electoral process leading up to the elections in February 2015, an additional EUR 8.5 million towards the campaign to eradicate polio in Nigeria and EUR 1.5 million to provide psycho-social support and schools in a box to communities directly affected by Boko Haran violence in Borno and especially those in the Chibok area. Operations in Nigeria funded under the EU Instrument contributing to Stability and Peace (IcSP) formerly called the Instrument for Stability and from various EU Thematic Budget lines are also included as is EU funded humanitarian assistance in Nigeria. A Fresh Euro 44bn Fund Also, last weekend, the EU announced that it has launched a €44 billion Africa economic development fund aimed at helping Nigeria and

other African countries drive economic growth and development. The Vice President, EU, Digital Single Market, Andrus Ansip, said the EU is already developing a strategic framework for the implementation and disbursement of the fund, maintaining that the EU is also designing security measures to ensure the fund is effectively and efficiently disbursed. Ansip during a press briefing in Lagos explained that the fund which would be made available for disbursements in first quarter 2018 as credit money, was designed to help developing economies cover identified risks to attract foreign direct investments (FDIs). The fund is also going to help the digital industry in Nigeria which the EU sees as one of the areas with the strongest growth potential. He said: “Our aim is to help developing economies. We have decided to create the European external investment fund which is targeted at covering main risks to attract private investment. This kind of fund was really efficient in the European union (EU) where we created investment for strategic investment and we believe this fund will go a long way to help the African economy.” According to him, the fund would go a long way in reducing the number of refugees who seek greener pastures in European countries, saying that in the last two years, Europe has experienced the greatest mass movement of people since the second World war. He pointed out that more than 1 million refugees and migrants have arrived in the EU, adding that EU has agreed on a range of measures to deal with the crisis. “This fund meant for supporting development

in African countries will be beneficial to the European countries as you know today that most people in Africa prefer to leave African countries to seek greener pastures in European countries. We are faced with lots of refugee crisis. To tackle this menace, we can provide some help to those countries to help build their economies instead of seeking refuge in Europe,” he said. He said: “Our aim is to support digital development in Africa and also help to build healthy economies in developing countries. The EU is the biggest donor of digital development aids. We believe the fragment of digital aid is little in developing countries, this is where we are. The European Union wants to support digital development in Africa. We will like to provide financing to build strong and healthier economies in developing countries in Africa.” He said digital development in Nigeria and in other African countries has grown rapidly, noting that internet penetration has grown to over 80 per cent where 100 per cent of Nigerians now has access to Internet services. “The development was much more rapid when compared to Europe. I believe in digital development for the bright future of Africa,” he said. He said funds are important for economic development, but stressed that ideas and how to cooperate with other African countries is even more critical to get more assistance of development funds. He said African countries must create the right environment for digital development, create an effective regulatory environment that would have a much bigger influence than funds in the future of African countries.

HarvestPlus Targets MacArthur Foundation $100m Grant Crusoe Osagie HarvestPlus is one of eight semi-finalists named by 100&Change, a global competition for a single $100 million grant from the John D. and Catherine T. MacArthur Foundation. The competition seeks bold solutions to critical problems of our time.The World Health Organisation (WHO) estimates that malnutrition contributes to 3.1 million deaths of children

under-five every year, almost half of all deaths for that age group. “We know that good nutrition is an essential building block for growth and development,” says HarvestPlus CEO Bev Postma. “Sadly, many children in rural Africa and other parts of the developing world still suffer from the devastating effects of ‘hidden hunger.’ They may not be visibly hungry, but their basic diets lack the essential micronutrients for good health.”

HarvestPlus has pioneered a simple but transformative way to increase the nutritional value of staple food crops, such as sweet potatoes, beans, maize, and cassava. These improved varieties provide higher amounts of vitamin A, iron, and zinc—the three micronutrients identified by the World Health Organisation as most lacking in diets globally. Recent studies have shown that crops pioneered by HarvestPlus and its partners can

dramatically improve vitamin A status, reduce diarrheal disease, improve visual function, and reverse iron deficiency in women and children. “HarvestPlus has already reached 20 million people worldwide and our goal is to reach one billion people by 2030. We can do this only with the help of partners, such as the MacArthur Foundation,” said Postma. With additional resources, HarvestPlus can work with

others to scale up its partnerships and empower rural communities across Africa to tackle hidden hunger by growing and consuming more nutritious and sustainable varieties of staple crops. A summary of our solution, an overview video of our project, and a MacArthur video describing our proposal are available here: “The eight ambitious proposals exemplify the passion, range, and creativity of the

hundreds of applications,” said MacArthur President Julia Stasch. “We hope that the competition inspires individuals and organisations to be bold and think big, because solutions are possible.” MacArthur’s Board will select up to five finalists in September. Finalists will present their proposals during a live event on December 11, 2017, before the Board names a single recipient to receive $100 million over up to six years.

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Investing in Plantain Processing Plants God blessed this country with more than one type of climatic zone, many soil types for agricultural production and food crops that can be grown all the year round in many parts of the country both for local consumption, processing and export. The major problem with Nigeria is how to feed our teeming population with the population figure growing every day. There are so many food crops that can make Nigeria great. Apart from cassava, yam, and rice plantain and banana are another food crop. Plantain is even more commercially viable and profitable to invest into than cassava. Much of the plantains grown during the year, like many other agricultural produce, is perishable and have to be processed for the purpose of preservation and availability on a wide scale in areas where such produce is not available. It can Minister of Industry, Trade & Investment, Dr. be processed for local consumption and even for Okechukwu Enelamah export. There is always wide price differential in prices for the raw products and processed what matters is the distribution, for the plant products especially during off-season periods. is very sensitive to drought. Plantain and banana belong to the same family and have similar appearance and requirements. Products and uses Investment in the processing, preserving and Plantains are taller in height and bear fewer marketing of plantain is an immensely lucrative but larger fruits. The fruits are usually cooked venture. When the pulp of unripe plantain is or fried. The recommended varieties are the Red Ogoni, sliced, dried and milled, the end-product is flour. This flour, apart from being eaten as gruel Agbagba, Bini, Orishele and the Osaboaso. They (â&#x20AC;&#x2DC;eluboâ&#x20AC;&#x2122;) can be put to high commercial value in are propagated by means of suckers or bits. The making the following products. They are Biscuits, suckers could be Cakes, Bread, Pan Cakes, Pudding, Puff-puff etc. a. Sword suckers: These are suckers without Plantain is highly sought after because it is a open leaves delicacy, a good and readily available source of b. Maidens: These are young plantains with carbohydrate, protein and pro-vitamin A. it has open leaves and other medicinal effects on the body. Concoction c. Peepers which are small suckers just emerging prepares from a mixture of plantains and other from the soil. items are known to cure sore throat, diarrhea, Sword suckers are the best propagules i.e. the and vomiting. Plantain flour is easily prepared best planting materials. When maidens are used, it is necessary to cut them back 30cm as food and digests fast. before planting. Peepers are planted in polybags or nursery before planting into the field. This Raw Material Availability and Sources The basic raw material for the production of could last for 2 months provided the soil in plantain flour and chips is the harvested unripe the polybag is rich. For quicker multiplication of suckers, a mature plant is cut back near the plantain pulp. Plantain & Banana is largely produced between ground. The base is consolidated with rich soil latitudes 300 N and 310S. In Nigeria, it is grown forming a mound around it. Suckers quickly for food and it also serves as shade for cocoa force through the mound. They can then be removed and planted in the nursery as soon as plant. It is exported and also sold locally. Plantain requires well-drained loam soil rich they are visible. With this method, it is possible in organic matter and of pH range 5.0-7.5. The to obtain 20-30 suckers from one plant. The following states are known to produce temperature should not be below 160C or above 350C. Hence for high yield 240C is the ideal large quantities of plantain namely, Anambra, Akwa -ibom, Abia, Benue, Bayelsa, Cross River, temperature. Rainfall should never be less than 130cm. Delta, Edo, Enugu, Ebonyi, Imo, Lagos, Rivers, Rainfall of about 250cm should be good, though Oyo, Osun and Ogun

From available statistics, Cross River, Delta and Enugu states produced 2, 144, 900 out of 2, 216,500 M.T. of plantains, while Cross River state alone accounted for 1, 586,500 MT. And for any serious entrepreneur contemplating commercial production of plantains or plantain flour, both for local consumption and export, establishing and running a plantain plantation is advised in order to ensure regular supply of pulp, control of price of raw material input, of profit and the benefits to be derived from the other uses of the various parts of plantain. The Market Because of the nutritional values and medicinal effects of plantain, its flour and chips is highly sought after. The market is large, expanding and sustainable because it is a basic food item, its demand increases with scarcity as prices of substitutes become prohibitive, it is highly recommended for diabetic patients and a good preventive for the health conscious; It is one of the cheapest sources of iron, protein, vitamin A etc.; It is a good foreign exchange earner; Its processing lengthens its shelf life etc. Any processor can market his finished product through established food canteens, wholesale shops, hotels, market women, individuals, hospitals, higher institutions and overseas agents in the event of export to countries where black people reside and who may cherish the product. Machinery and Equipment To process plantain pulp into flour and chips, one needs the following: Peeler (peeling can also be done manually; Cutter/cracker; Dryer; Plate mill; Sieves; Packaging machine; Weighing scale; Wheel barrows, fryers, packaging machines; knives etc.; Spare parts All these are locally available at affordable cost. Production Technology Briefly, the stages involved in plantain flour production are as follows- Procurement of fresh green (unripe) pulp in large quantities; Sorting, cleaning, and selection of the pulp to be processed; Manual peeling of pulp (hot water blanching can be done); Storage of the pulp in water tank to prevent enzymic browning action; Dicing or slicing (manually or with automatic machine); Drying or dehydration of the slices; Milling; Sieving (to obtain different sizes of flour required); Grading according to particle sizes and Packing and packaging for sale Quality Control Being a food processing venture, there is need

for good quality control through stringent, hygienic conditions which must accord with the internationally acceptable standards especially if the products are to be exported. Labour Requirement The minimum number of people needed for procurement, production administration to marketing for this level of project is 19. However, for the cottage type of production, a minimum of two will be needed. Location For this project to be economically carried out, it needs to be sited in the zone where plantain pulp is abundantly obtainable because of reducing transport cost as it is very bulky and heavy. Those who reside in the above mentioned states can safely do so. The market is national and international; once processed, the flour becomes less heavy and can be transported to distant markets where it is scarce for sale. Project cost estimate The estimate of the cost of implementing this project will depend on such factors as: The scale of production (cottage, small-scale or medium scale),The target market (the smaller the market, the lower the cost),The type, capacity and number of machinery and equipment, The location of the project Feasibility and viability The technology for this project has been tested and found to be feasible and very simple to operate. From studies carried out, the project has the following to its advantage: 1. High return on investment: 57% to 214% 2. High internal rate of return: 45% to 266% 3. Short payback period 4. Adequate manning level and local availability of both machinery and equipment, labor and raw materials 5. High demand and repeat-sales tendency because of large and increasing population 6. Plantain flour and chips is a highly acceptable staple and medicinal food 7. Good foreign exchange earner, etc For further enquiries, please contact the writer Uba Godwin Global Trust Consulting, 56, Ishaga Road (1st floor), Surulere, Lagos Tel- 08034494437, 08023664368, 09093939140 E-mail: ubagodwin@yahoo.com

Chemstar Records Increased Turnover, Seeks More Forex Allocation from CBN Crusoe Osagie Chemstar Paints Industries Nigeria Limited has stated that despite the harsh business environment, the companyâ&#x20AC;&#x2122;s turnover grew by bouble digits, noting that this feat was achievable courtesy of strategic management decisions and its esteemed loyal customers and distributors in the country. The Group Managing Director (GMD) and Chief Executive Officer (CEO) of the company, Mr. Emmanuel Awode, explained that the business community is still grappling with issues such as the scarcity of forex to import raw materials and myriads of bottlenecks hindering investments in the nation. Awode during its 2017 customersâ&#x20AC;&#x2122; forum, said, â&#x20AC;&#x153;We have begun to look inwards to seek for alternatives that we can use to replace some of the imported raw materials. This has helped us greatly and coupled with the fact that we have very loyal customers that stood by us throughout the year.â&#x20AC;? The Chemstar boss however

expressed worry over the Central Bank of Nigeriaâ&#x20AC;&#x2122;s (CBNâ&#x20AC;&#x2122;s) $1 billion foreign exchange allocation to manufacturers, stressing that the demand for forex by manufacturers by far outweighs what the apex bank had disbursed. â&#x20AC;&#x153;Despite the $1 billion foreign exchange from the Central Bank of Nigeria (CBN) to manufacturers, we have not been able to access the fund, because the demand for forex is more than what the CBN disbursed, there was no way it could go round and we still have to source for our forex from the black market,â&#x20AC;? he said. He said the paint industry has also had its fair share of the economic downturn, saying that about 60 per cent of its raw materials for production still depend largely on imports. He said going forward in 2017, its customers and distributors should expect more from the company in terms of improvement and quality of its products, pointing out that investment in research and development would be deployed to meet the ever changing needs of

its numerous consumers in the country. â&#x20AC;&#x153;We are here to have our Chemstar customer forum and it has become a tradition. We have been doing this for the past 21 years. It is to celebrate and appreciate our customers for

their loyalty and patronage of our products for the last economic year. About 95 per cent of our businesses are through our distributors and since they are doing about 90 per cent of our business, we do not have any option not to celebrate them,â&#x20AC;? he added.

He also allayed the fear of consumers over a possible increment in price of its products, noting that the company is mindful of the drastic reduction of disposable income of consumers in the nation. â&#x20AC;&#x153;We are mindful of the

reduction of disposable income of the populace. It is a very tough and challenging period, but we believe that only tough people last. We will look at some of these costs that we can bear with the hope that the situation will improve very soon,â&#x20AC;? he assured.

Nigeria Remains Investorsâ&#x20AC;&#x2122; Priority, Says BON Hotels Boss James Emejo in Abuja The Chief Executive Officer, Bon Hotels Grand Pelaand Suites, Mr. Peter Nwakeze has said Nigeria remained a viable investment destination guaranteed to yield maximum returns notwithstanding the current global economic situation. He said local and international investors should take a cue from the multi billion investment that had been made by his company in the tourism and hospitality sectors. He said these investments have added value to the economy-creating jobs and aiding economic diversification and empowerment of Nigerians. Speaking in Abuja during the launch /opening of Bon

Hotels Grand Pela and Suites, Nwakeze said the idea of building the hospitality firm was born out of his desire to contribute to the structural and social development of the fast-growing capital city and to provide employment to the teeming unemployed youths roaming the nationâ&#x20AC;&#x2122;s streets every day. He said his business sojourn, which has taken him to various places in the world, raised his passion to provide hospitality and made understand that a contribution to hospitality industry is indeed a service to humanity. Nwakeze said: â&#x20AC;&#x153;I know there are many existing hotels in Abuja, but I decided to make a paradigm shift by adding new features in the

hotel which represents our core values of excellence and professionalism in order to change the old perception of Abuja hotels by tourists and visitors. These new features will be observed as you inspect our facilities and rooms. We want to carve a niche in the hospitality business that will leave a lasting experience in our customers.â&#x20AC;? Nwakeze noted that the mission statement which is to offer a unique and exceptional services that will promote Grand Pela Hotel and Suites into an inspiring and most sort after brand synonymous with creativity and excellence is apt, because it represented what his personal values and what those of the hotel are. According to him, since the

hotel business is a dynamic and proactive one, suggestions on how to improve services will not only be welcomed, but also form an integral part of the companyâ&#x20AC;&#x2122;s policies. According to him: â&#x20AC;&#x153; I want to emphasise at this point that we are not averse to constructive criticisms and suggestions because they will help in our future upgrading of the hotel as the hotel business is a dynamic one.â&#x20AC;? Nwakeze also said the group has concluded arrangements to open more Grand Pela Hotels in all the six geo political zones in the country, adding in due course, that other West African countries will become part of the unmatched experience that Grand Pela provides its clients.

T H I S D AY ˾ TUESDAY, FEBRUARY 21, 2017

PROPERTY & ENVIRONMENT Investors in Commercial Property Settle for REIT as Funding Option Fresh prospects may be available to real estate investors seeking property ownership without the attendant expenses or difficulties of being a landlord. Their hopes rest on statements about the availability of a well-managed Real Estate Investment Trust (REIT), made recently by one of Nigeria’s leading property development companies, Top Services Limited (TSL). Bennett Oghifo writes

op Services Limited (TSL), a company with specialty in providing “neighbourhood” malls has announced, it will float a N20 billion Real Estate Investment Trust (REIT) in the capital market. REIT and how it works... REITs are corporations or trusts that use the funds of many investors to purchase and manage income property and/or mortgage loans. It is traded on the Nigerian Stock Exchange (NSE) just like shares. It offers tax advantages to investors and provides a liquid way to invest in real estate, which is an otherwise illiquid market. Another benefit of REITs is that they allow investors to share in non-residential properties like hotels, shopping complexes, malls, and industrial properties. REITs require no minimum investment and do not necessarily increase and decrease in value along with the broader market. However, they pay dividends no matter how the shares perform. In Nigeria, REITs are highly successful and provide less risky investment options in real estate to both small and big investors, regular and dependable income to the unit holders and attraction of massive Foreign Direct Investment (FDI) in the real estate sector. It enjoys pockets of tax exemptions that attract investors and fund managers such as exemptions of investors from withholding taxes (WHT), as well as Value Added Tax (VAT) and Capital Gains Tax (CGT) on sales of these units or securities. Currently, there are four listed

property companies on the NSE with a combined market capitalisation of over N45 billion. These include Skye Shelter Fund PLC, Union Homes Real Estate Investment Trust, UPDC and UACN Property Development Company. Experts say, the property companies listed, UACN Property Development Company and the UPDC REIT have the most diversified investment portfolio, which includes hospitality, office, residential, retail and hospitality assets. Skye Shelter Fund Plc., and Union Homes Real Estate Investment Trust are predominantly focused on residential property assets. TSL REIT... But with the proposed entrance of the TSL, the equation may likely change. The close-ended TSL REIT offer, consisting of 20 million units for subscription at N1, 000 per unit started on February 1, 2017, with First Ally Capital as its lead issuing house and First Ally Asset Management as its fund manager. Under the scheme, TSL committed itself to building and delivering “neighbourhood” malls that are affordable yet of high quality to attract anchor tenants. To date, TSL has developed four malls; Adeniran Ogunsanya Mall, Surulere, Apapa Mall, Apapa, Cocoa Mall, Dugbe, Ibadan, Oyo State and Akure Mall, Akure, Ondo State, all of which are currently operational and have occupancy rates of over 80 per cent. Chairman of Top Services Limited, Chief Tokunbo Omisore, said initial investments by the REIT would focus on retail-related real estate includ-

Adeniran Ogunsanya Mall, Surulere, Lagos

ing the highlighted four malls owned by TSL. Promising stable and regular income distribution to investors in the REIT, Chief Omisore disclosed that the malls could boast of diverse corporate tenant profile with staggered rental renewal periods, which prevents mass vacancy at any one period. He listed the strengths of the TSL REIT to include predictable cash flow, multiple anchor tenants at each location with long-term leases, rental payments agreements that are indexed to the naira/dollar rate, zero leverage of assets at inception, while Investors will not take on development, construction or financing risk. In addition, the malls have high average occupancy rate as all the malls are at or above 80per

cent occupancy levels. For Mr. Winston Osuchukwu, Managing Director of First Ally Asset Management, Fund Manager for the TSL REIT, “investing in the TSL REIT allows for diversification of investment portfolio thereby reducing portfolio risks.” He assured investors that professionals with great care, top skill, prudence and diligence would manage the REIT. For instance, the Investment Committee consists of professionals of diverse skills and in depth knowledge in real estate investment and operations. In addition, the REIT is transparently structured and backed by reputable organizations including ARM Trustees Limited, Stanbic IBTC Bank Plc and Leadway Assurance Plc,”

Osuchukwu appealed to institutional investors, particularly the Pension fund administrators (PFAs), to take advantage of the REIT, adding that the REIT’s excess capital will be invested in upgrading existing facilities, government securities and real estate related investments to enhance the yield of the fund, among other projected income streams. According to the CEO of First Ally Capital, Mr. Ebenezer Olufowose, access to long term financing like that of the PFAs can help lower cost of rent for tenants on the long run. “This is an opportunity to monetize existing assets and developing TSL investment with some borrowed funds from the bank. We are not bringing in asset, the asset already exist,

the cash flow are there, they are guaranteed and we have anchor tenants like shoprite, and other major tenants who have contracts, signed contract with the sponsor. “Already there, it is secured and it is index to the dollars. So investors will have investment that will yield them good returns progressively over the years. So what’s going to be different here is that would be, if you look at most of the previous event, you raise the money and then you go to build and every time you go to do that, you realise that you have cost over loans, you are not able to finish the project and then you have to move back and raise other cash and all that, but in this case the asset are there.”

42 Days Left to Enter Project in LafargeHolcim Osinbajo to Declare Open Made in Nigeria Awards competition Building Materials Expo The 5th International LafargeHolcim Awards will close on March 21, 2017 at 14:00 UTC. The USD 2 million competition seeks sustainable construction projects at an advanced stage of design from the fields of architecture, building and civil engineering; landscape and urban design; as well as materials, products and construction technologies. The competition also features a Next Generation category for the visions and ideas of young professionals and students. It is open to authors up to 30 years of age. Organised by the LafargeHolcim Foundation for Sustainable Construction, the world’s most significant competition in sus-

tainable design takes place in parallel across five geographic regions. The independent juries are headed by Harry Gugger (Europe), Ray Cole (North America), Angelo Bucci (Latin America), Nagwa Sherif (Middle East Africa) and Donald Bates (Asia Pacific). Entries are evaluated using the “target issues” for sustainable construction – assessing submissions against environmental, social, and economic performance; in addition to recognizing the need for innovation and contextual impact. Participation in the Awards is free of charge. Infrastructure Space: lifeblood of the spaces we inhabit The sustainability of infrastructure must be regarded as

key in reorienting our ways of inhabiting the globe. To enrich this dialog, the LafargeHolcim Foundation for Sustainable Construction supported a 420-page book edited by Ilka Ruby and Andreas Ruby. The publication contains a collection of 25 essays inspired by the 5th International LafargeHolcim Forum for Sustainable Construction. With contributions by: Marc Angélil, Tom Avermaete, Claudia Bode, Neil Brenner, Ricky Burdett, François Charbonnet, Nancy Couling, Salmaan Craig, Dilip da Cunha, Carlotta Darò, Michael Dear, Keller Easterling, Paul N Edwards, Ross Exo Adams, Rania Ghosn, El Hadi Jazairy, Julia King, Jesse LeCavalier, etc.

Bennett Oghifo Acting President, Prof. Yemi Osinbajo is expected to declare open the first and largest Madein-Nigeria Building Material Trade Show, holding in Lagos. This was made known in a press statement released to newsmen by the organiser, Mrs. Roni Akins, Publisher Global Homes Magazine, a UK based real estate publication that specialises in housing journalism in the UK and Nigeria. The Expo will hold from Tuesday 2nd to Wednesday 3rd, May 2017 at the Oriental Hotel, 3 Lekki Way-Epe Express Way, Lagos State, from 10 .00am to 6 .00 pm daily.

The event tagged: “Buy Nigeria to Build Nigeria” is expected to bring an entire portfolio of building and construction products and solutions in one place, where building material Manufacturers, Suppliers and Support Service providers will showcase their best. “The major objectives of this trade show,” according to Mrs Akins, “are to promote made in Nigeria building products; help made in Nigeria building products gain wide acceptance and patronage and showcase the inventiveness and competitiveness of indigenous producers of building material products.” She said the 2-day event

would also serve to expose the challenges facing the sector as well as proffer solutions for the way forward. In view of this, outstanding professionals and seasoned executives have been lined up to lay bare the inherent benefits to be reaped in sustaining the tempo of a market saturated with made in Nigeria building products. Although this is the first time the Made in Nigeria Building Material Trade Show would be held in Nigeria, but Akins said, it would henceforth be held annually because “an event of this nature has the capacity to revolutionise the building material sector of the Nigerian economy in years to come.”

T H I S D AY TUESDAY FEBRUARY 21, 2017

T H I S D AY Ëž Ë&#x153; Í°ÍŻË&#x153; 2017

BUSINESS/MONEYGUIDE

Enugu Seals Eight Banks over Alleged N1bn Tax Debt Christopher Isiguzo Ă&#x201C;Ă&#x2DC; Ă&#x2DC;Ă&#x;Ă&#x2018;Ă&#x; At least eight commercial banks were on Monday sealed by the Enugu state government for alleged failure to remit about N1 billion in taxes to the coffers of the state government. The banks with combined branch network of 36 branches within Enugu metropolis and the neighbouring towns of Agbani and Ituku Ozalla were sealed at about 6am by officials of the State Board of Internal Revenue who were accompanied by mobile policemen. The affected banks were Access Bank Plc, Stanbic IBTC, Skye Bank, Union Bank, Unity Bank, Heritage Bank, Keystone Bank and Sterling Bank. Briefing journalists after the

â&#x20AC;&#x153;sting operationâ&#x20AC;?, the chairman of the board, Emeka Odo said the board had earlier on February 6 and 16, 2017 obtained exparte orders from the State High Court to restrain the affected banks. He said the affected banks would remain under lock and key until they remit to the state government all the taxes they had collected and withheld. He noted that government had encouraged individual tax payers and tax agents to comply voluntarily by paying their taxes promptly, explaining that the process of remittances of government revenues have been reformed in order to make it easy for banks to pay their taxes like other corporate citizens. â&#x20AC;&#x153;In the past one year, we

have written the affected banks severally and held meetings with them on the subject matter but they would rather hold on to government funds illegally. â&#x20AC;&#x153;The action of these banks has been denying the state government of the funds it needs to execute its developmental programmes with would impact positively on the lives of the people. â&#x20AC;&#x153;The sealing of the banks is the first phase of the enforcement exercise on major companies and institutions, to ensure that they perform their civic obligation to the state government,â&#x20AC;? Odo said. He insisted that it was wrong for banks to collect withholding tax from its customers on behalf of the government and still do not remit it.

Akwa Saving and Loans Bank to Sack 90 Staff Okon Bassey Ă&#x201C;Ă&#x2DC; ĂŁĂ&#x2122; At least 90 staff members of the Akwa Ibom State Government owned financial outfit, the Akwa Savings and Loans Limited have been pencilled down for sack in a renewed move to restructure and reposition the bank for global competitiveness. The Managing Director/Chief Executive Officer of the bank, Mr. Ebong Bassey, who disclosed this while fielding questions from journalists in his office yesterday, said that already 40 staff had been disengaged. Noting that the bank was on the verge of collapse, he equally announced that more than 50

staff would have their jobs terminated soon in a concerted effort to strengthen the capital base of the bank. Bassey hinted that some staff of the bank who had been indicted by a special panel on various cases of fraudulent practices are already in police custody and the Economic and Financial Crimes Commission (EFCC) for further investigation and necessary legal action. He expressed regret that the previous management of the bank deviated from the core mandate and vision of the founding fathers of the bank, thereby running the institution as a charitable or non-profit

organisation. According to him, this management team inherited a whooping N1.8billion debt and has within five months recovered N1.4 million; while efforts have been intensified to recover all that remain in the hands of debtors. The CEO of the bank posited that as soon as external auditorsâ&#x20AC;&#x2122; report is submitted to him in March this year, he will go ahead and publish names of the debtors in both national and local dailies. He revealed that a good number of the debtors have written and submitted post-dated cheques to the bank, so as to prevent their names from being published.

Coronation Merchant Bank Posts N5.3bn Profit Coronation Merchant Bank Limited said it sustained its tradition of impressive performance with strong financial results for the year ended 2016. The Groupâ&#x20AC;&#x2122;s 2016 results showed that its profit before tax (PBT) rose to N5.3 billion, representing an increase of 128 per cent over last 2015 performance of N2.3 billion. The bankâ&#x20AC;&#x2122;s net interest income also increased by 86 per cent, from N4.3 billion in 2015, to N8 billion in the year under review. A statement from the bank attributed this

to increased efficiency in its overall funding mix as well as significant growth in the bankâ&#x20AC;&#x2122;s balance sheet size. As at December 31, 2016, its non-performing loans (NPL) ratio stood at zero per cent. The Group also recorded significant growth in its balance sheet in 2016 as its total assets rose to N106.6 billion, from N78.3 billion in December 2015. Also, shareholderâ&#x20AC;&#x2122;s funds increased to N25.8 billion from N20.24 billion. The statement also revealed that Coronation Merchant Bank currently has

40 per cent capital adequacy ratio, which is above the regulatory minimum of 10 per cent and is driven by its vision of becoming Africaâ&#x20AC;&#x2122;s premier investment Bank. Commenting on the financial results, the Group Managing Director/ CEO of Coronation Merchant Bank Limited, Abu Jimoh, said the results of the bank in the last two years of business operation demonstrated the effectiveness of its strategy as the bank continued to grow its market share in key segments of the economy.

Wema Bank Takes Savings Products to LASU Wema Bank Plc is promoting savings culture and digital banking experiences among the newly admitted students of Lagos State University (LASU). Speaking during the LASU 2017 orientation programme, held at its Ojo campus, Wema Bank Regional Manager, Apapa, Femi Olowoyeye, said the lender had been participating in institutionâ&#x20AC;&#x2122;s orientation programme for the past two years, with the aim of boosting studentsâ&#x20AC;&#x2122; digital banking experience and offering quality services. He said the students were expected to open Wema Bank Purple Account with N1,000 minimum opening balance and

a student Identity Card to make it easier for the new students. He said the bankâ&#x20AC;&#x2122;s partnership with the institution would boost the students love for savings. Olowoyeye said the account holders can activate their accounts on phones, text messages, SMS Banking, USSD, mobile banking which usually excite the youths. â&#x20AC;&#x153;They can go to their banks via phones. They do cash withdrawals from ATMs without their cards. So, we are making these things available because they are the future of banking,â&#x20AC;? he said. Continuing, he added: â&#x20AC;&#x153;We are hosting the orientation programme for the second time

because of the partnership the bank has with LASU which we hope would continue for many years to come. One catch-it young strategy allows us get into the campus, encourage students to open an account, save their money. Everyone that complies wins something instantly which ranges from 32 inches LCD television, smart phones, among other prizes.â&#x20AC;? Olowoyeye said the new customers also get instant account numbers, ATM card and also enroll on the Bank Verification (BVN) network where necessary. The ATM card, he added, can be activated instantly.

Enugu Governor, Ifeanyi Ugwuanyi

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 Ëž Ă&#x2122;Ă&#x;Ă&#x153;Ă?Ă? Ě&#x2039;

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 % ) Ëž Ă&#x2122;Ă&#x2DC;Ă?Ă&#x17E;Ă&#x2039;Ă&#x153;ĂŁ Ă&#x2122;Ă&#x2013;Ă&#x201C;Ă?ĂŁ Ă&#x2039;Ă&#x17E;Ă? Ě&#x2039; ÍŻÍ˛Ďą

OPEC DAILY BASKET PRICE AS AT FRIDAY 17, FEBRUARY 2017 The price of OPEC basket of thirteen crudes stood at $53.11 a barrel on Friday, compared with $53.14 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 ˾ ˜ Ͱͯ˜ Ͱͮͯ͵

MARKET NEWS

NB Plc Records 25% Profit Decline, Recommends N20bn Final Dividend Goddy Egene and Nosa Alekhuogie Nigerian Breweries Plc yesterday announced its audited results for the year ended December 31, 2016, showing a decline of 25 per cent in profit after tax (PAT), reflecting the challenging operating environment. Although the leading brewer posted a growth of 6.7 per cent in revenue, a combination of

rising inflation and impact of the naira devaluation drove down its bottom-line. Specifically, the company recorded a revenue of N313.743 billion in 2016, up from N293.9 billion in 2015. Cost of sale rose from N149.73 billion to N178.218 billion. Marketing and distribution expenses also rose from N58.45 billion to N61.312 billion. While the company brought down administrative expenses, finance cost increased

T H E

by 66 per cent from N8.217 billion to N13.645 billion. However, this increase was majorly driven by net foreign exchange loss of about N7.552 billion, compared to N752 million in 2015. Following the huge forex loss, Nigerian Breweries Plc ended the year with profit before tax of N39.675 billion, down from N54.514 billion in 2015 and PAT of N28.416 billion as against N38.05 billion in 2015.

N I G E R I A N

The directors have recommended a final dividend of N20.457 billion, which translate to N2.58 per share. This brings the total dividend to N28.386 billion or N3.58 per share, having already paid an interim dividend N7.929 billion or N1.00. However, the directors of the company have also made a recommendation to the shareholders to receive new ordinary shares of in the company instead of the final dividend.

STO C K

While commenting on its nine months results last year, Nigerian Breweries had said that although the operating environment was expected to remain challenging for the rest of the year, it would “continue to focus on our twin agenda of cost and market leadership supported by innovation.” The firm expressed confidence that it was well positioned to take advantage of any upswing

E XC H A N G E

in the market. Meanwhile, the stock market opened on a positive note as bargaining hunting activities dominated the trading yesterday. The Nigerian Stock Exchange (NSE) All-Share Index appreciated by 0.34 per cent to close at 25,249.49. The positive performance was partly bolstered by increased demand for Nigerian Breweries Plc as investors reacted to the full year results.

˾ TUESDAY, FEBRUARY 21, 2017

MARKET NEWS

CWG Plc Partners Cooperative Societies to Enhance their Operations Goddy Egene

CWG Plc has stated its determination to collaborate with cooperative societies across the country to address the various challenges plaguing the sector using information c o m m u n i c a t i o n technology(ICT). The Managing Director/ CEO of CWG Plc, Mr. James Agada stated this at 6th regular meeting of the National Council on Cooperative Affairs (NCCA), hosted by the Federal

Ministry of Agriculture & Rural Development in collaboration with the Niger State Government, in Minna recently. The company demonstrated some of the development underway to deploy ICT for improved financial management, security, accountability of the cooperative sector. According to Agada, the collaboration will lead to increased access to funds to boost the operations of cooperatives societies, noting

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

that technology is the bedrock of success that the cooperative movement had been waiting for and they should therefore take advantage the opportunity now. He said working together in a strategic partnership, CWG Plc has set about a collaboration with the ‘Cooperative Movement’ to address the varying challenges that hitherto had plagued the sector, a collaboration aimed at boosting the agricultural and IT sectors and providing opportunities for growth for

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 17-Feb-2017, unless otherwise stated.

the nation as a whole. The company shared with delegates the advancements it had made in developing a technological platform to ensure improved financial inclusion for the cooperative societies. Specifically, the company has introduced a platform called Unified Cooperative Platform (UCP) for cooperative societies. “This technological solution provided by the platform would promote interaction and integration between the financial regulators, cooperators

and the societies themselves, thereby further promoting accountability and transparency of the entire system,” Agada said. Also speaking at the event, CWG Cooperative Sector Manager, Mrs. Funmilola Abimbola, enumerated many benefits this collaboration has to offer. She said it is highly encouraging that something seemingly so simple had huge potential, providing the average cooperator access to health, pension, mortgage, funding and the likes that would otherwise

have been inaccessible to the average man. This, she stated, would without doubt, raise the bar for the cooperative movement and bring it nearer to the goals of closing monumental gap with the previously financially excluded persons in the country. According to her, like many similar technology solutions introduced by CWG Plc, UCP will be handled exclusively by the cooperatives and the regulators with the utmost security measures in place.

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 128.44 128.69 1.03% Nigeria International Debt Fund 216.82 217.19 0.66% 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 -1.46% 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 11.96 12.32 -3.11% ARM Discovery Fund 282.58 291.10 -1.60% ARM Ethical Fund 21.81 22.46 -2.39% ARM Money Market Fund 1.00 1.00 17.43% 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 105.82 106.57 0.71% AXA Mansard Money Market Fund 1.00 1.00 16.66% 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 2.18 2.24 0.45% Paramount Equity Fund 9.46 9.70 1.05% Women's Investment Fund 86.22 88.43 1.92% 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 17.27% 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 1,113.75 1,114.81 2.14% FBN Heritage Fund 108.88 109.59 -2.43% FBN Money Market Fund 100.00 100.00 15.77% FBN Nigeria Eurobond (USD) Fund - Institutional $105.82 $106.64 1.76% FBN Nigeria Eurobond (USD) Fund - Retail $105.56 $106.39 2.21% FBN Nigeria Smart Beta Equity Fund 111.59 113.15 -0.92% 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 0.93 0.95 0.00% Legacy Short Maturity (NGN) Fund 2.62 2.62 1.90% 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 2,159.55 2,184.50 -2.26% Coral Income Fund 2,154.28 2,154.28 2.38% 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 17.36% 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 16.51% Vantage Balanced Fund 1.68 1.70 -0.10% Vantage Guaranteed Income Fund 1.00 1.00 15.62%

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 0.39% Lotus Halal Fixed Income Fund 1,016.06 1,016.06 1.32% 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 9.50 9.58 -1.70% 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 1.09% PACAM Fixed Income Fund 10.41 10.44 0.02% PACAM Money Market Fund 10.00 10.00 15.10% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 108.98 109.90 7.05% 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 1.44% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 1,810.12 1,819.75 -1.16% Stanbic IBTC Bond Fund 152.99 152.99 -0.63% Stanbic IBTC Ethical Fund 0.75 0.76 -1.95% Stanbic IBTC Guaranteed Investment Fund 189.62 189.62 1.46% Stanbic IBTC Iman Fund 127.70 129.34 -1.65% Stanbic IBTC Money Market Fund 100.00 100.00 17.35% Stanbic IBTC Nigerian Equity Fund 7,202.62 7,289.01 -5.00% 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 1.12 1.13 7.50% United Capital Bond Fund 1.27 1.27 18.25% United Capital Equity Fund 0.64 0.66 -1.41% 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 9.60 9.77 -0.23% Zenith Ethical Fund 11.12 11.22 1.91% Zenith Income Fund 17.08 17.08 3.41%

REITS

NAV Per Share

Yield / T-Rtn

11.41 124.62

1.01% 0.52%

Bid Price

Offer Price

Yield / T-Rtn

7.83 69.98

7.93 71.29

-10.76% -7.65%

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 4.65 11.17 14.10 124.70

2.41 4.73 11.27 14.30 126.70

-13.57% -33.66% -6.80% -11.53% -3.96%

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 21, 2017

TUESDAY FEBUARY 21, 2017 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Mike Pence Warns NATO It Must Boost Defence Spending US Vice-President Mike Pence has warned members of the Nato alliance to meet their defence spending targets. Speaking in Brussels, Mr Pence said that the American people could lose patience with Nato members if they did not share the burden of defence. However, he also sought to reassure European leaders, saying the US remained committed to co-operation and partnership with the European Union. Mr Trump’s comments on Brexit and the role of Nato have unsettled allies. Why are EU leaders worried? Donald Trump has been vocal in his criticism of international organisations, including Nato, a defence alliance which was initially formed to meet the military threat to Europe from the Soviet Union. Mr Trump has described Nato as “obsolete”, and criticised members which fail to meet the target of spending 2% of their GDP on defence. He is also seen as friendlier to Russia than his predecessors, and some of his former aides have come under scrutiny for their alleged links with Russia.

Mr Trump has dismissed the EU as “a vehicle for Germany” and spoken out in favour of Brexit, telling the Times newspaper last month that he thought the UK was“so smart in getting out”, and predicting that“others will leave”. European Commission President Jean-Claude Juncker has said the US needs“a strong, united European Union”. “This is not the moment for Europe to divide itself into former national, provincial categories,” he said. What has Mr Pence said? said the meeting with Mike Pence was “truly needed” The vice-president has been in Brussels for talks with Mr Juncker, Nato Secretary General Jens Stoltenberg, and Donald Tusk, the president of the European Council. He has sought to reassure EU leaders that, despite Mr Trump’s criticism, the US remains committed to working with Europe. He told leaders it was Mr Trump who told him to visit Brussels and convey the US’s “unwavering”support for Nato. However, he said Nato members had to meet the 2%

defence spending target quickly, saying:“America will do our part. But Europe’s defence requires Europe’s commitment as well as ours.” “The president expects real progress by the end of 2017,”he said, adding that “the patience of the American people will not endure forever”. Sunday On Russia, he said the US would continue to hold it accountable over the Ukraine conflict, though he said that

visit. He told reporters the US military was“not in Iraq to seize anybody’s oil”, seemingly to allay concerns after Donald Trump said last month that the US “should have kept the oil”when it pulled troops out of Iraq in 2011. Thousands of Iraqi troops, backed by artillery and air power, are involved in the assault to retake Mosul. Iraqi forces have now all but surrounded the western part of Mosul. Concern has been voiced by the UN about the welfare of civilians trapped in the city, amid reports that they could number up to 650,000. Leaflets warning residents of an

Mr Tusk said his meeting with Mr Pence was“truly needed”, after what he described as“too many new and sometimes surprising opinions” that had been voiced in past months“for us to pretend that everything is as it used to be”. Mr Tusk said Mr Pence had confirmed the US supported “the idea of a united Europe”. EU officials told reporters they were encouraged by the meeting, with one saying“we got everything we were looking for”.

However, some officials have remarked privately that they will want to hear the same words from Mr Trump before they feel reassured. Mr Stoltenberg, meanwhile, said he and Mr Pence agreed on the “importance of higher defence spending and fairer burden sharing” in Nato. “Europeans cannot ask the US to commit to Europe’s defence if they are not willing to commit more themselves.”

Malaysia-North Korea Row over Kim Jong-Nam Escalates Malaysia has summoned the North Korean ambassador over his accusation that it was conspiring with “hostile forces” as it investigates the murder of leader Kim Jong-un’s half-brother. Malaysia also recalled its envoy to Pyongyang after a spat erupted when North Korean demands to hand over the body of Kim Jong-nam were rejected. “The ministry emphasised that as the death occurred on

Mosul Offensive: Iraqi Army Battles for Outskirts of IS City Iraqi government forces have moved closer to the southern outskirts of western Mosul, on the second day of a fresh offensive against so-called Islamic State. The outlying village of Abu Saif, which overlooks Mosul, has been hit by air strikes and helicopter gunships as the military advanced. Iraqi forces have now entered Abu Saif. The eastern part of Mosul was liberated from IS fighters last month after heavy fighting. Abu Saif, which overlooks Mosul’s airport, is seen as a key IS stronghold on the southern approach to western Mosul. The BBC’s Quentin Sommerville, who is embedded with government troops, said Iraqi forces had faced stiffer resistance inside the village, coming under rocket fire in their first advance. The bodies of some IS fighters had been seen by the roadside to the village, apparently hit by mortar fire or other artillery. said this vehicle was hit by a rocket attack as troops entered the town Progress has been slowed down by improvised bombs planted by IS along the route of the offensive, he said. But the army seized several villages on Sunday, when it launched its fresh offensive. No civilians had been spotted until the army reached Abu Saif - when a small group waving a white flag was seen, our correspondent added. Other government forces have been moving towards the Ghazlani military base, which they plan to use as a staging post for the attack on western Mosul itself. On Monday, US Defence Secretary James Mattis arrived in Baghdad on an unannounced

President Trump believed that new common ground could be found with Moscow. During a press conference, he was asked if he opposed further disintegration of the EU. Mr Pence did not answer this directly, but said the US shared a “deep heritage”with EU members and were committed to“ongoing co-operation and maintaining that partnership in the years ahead”. Has Mr Pence managed to reassure EU leaders?

imminent offensive were earlier dropped over western parts. Military officials say west, with its narrow, winding streets, may prove a bigger challenge than the east. Although slightly smaller than the east, it is more densely populated and includes districts that are seen as pro-IS. All bridges from there to the west of the city, across the Tigris river, were destroyed. Police are now within sight of Mosul, the BBC’s correspondent says The offensive against the east was launched on 17 October, more than two years after jihadists overran Mosul before seizing control of much of northern and western Iraq.

Malaysian soil under mysterious circumstances, it is the responsibility of the Malaysian government to conduct an investigation to identify the cause of death,” a foreign ministry statement said after a meeting with the North Korean ambassador. Ambassador Kang Chol last week accused Malaysia of colluding with“hostile forces”to damage the North, after rival South Korea said Pyongyang had orchestrated the airport attack. Malaysia views the complaint as“baseless”, the foreign ministry

statement said. “The Malaysian government takes very seriously any unfounded attempt to tarnish its reputation,”it said.“The Malaysian ambassador in Pyongyang has been recalled to Kuala Lumpur for consultations.” North Korea cannot trust the Malaysian police investigation into the death, Pyongyang’s ambassador said Monday after being summoned. “It has been seven days since the incident, but there is no clear evidence on the cause of death

and at the moment we cannot trust the investigation by the Malaysian police,” Kang told reporters outside the embassy. Police had“pinned the suspicion on us”, he added, calling on Malaysia and the international community to work with North Korea on a joint investigation. CCTV footage purportedly showing the deadly assault in Malaysia on Kim Jong-nam by a woman - who is believed to have wiped a fast-acting poison on his face - was released on Monday.

T H I S D AY TUESDAY FEBRUARY 21, 2017

WEEKLY PULL-OUT

21.02.2017

CHILD ABUSE: CRIME AGAINST HUMANITY

The Abused Sule Children

2/DASHBOARD

21.02.2017

When an Action is Statute Barred PAGE 4

Buhari, Onnoghen, Afe Babalola, Olanipekun, Others, for a Book Launch on Justice Kayode Eso PAGE 5

‘Law Practice Only for Mature Mind’ PAGE 6

Section 286 ACJL Lagos State: a 21st Century Legislative Faux Pas PAGE 7

QUOTABLES 'The death penalty is unconstitutional because it offends against the constitutional provision against Torture and Inhumane treatment.' – Femi Falana, SAN

'What I think is even more problematic is the lethargy that seems to surround the Presidency. There are at 4000 positions, Boards, Chairmen of Boards, Members of Boards that the Presidency has not filled in the last one and a half years.' – Prof Akin Oyebode, Professor of International Law & Jurisprudence, University of Lagos

Understanding the Corporate Governance NotFor-Profit Sector Code 2015 PAGE 11

Can SANs Ever Make it to the Supreme Court? PAGE 16

COLUMNISTS STEPHEN KOLA-BALOGUN Stephen Kola Balogun, is a vastly experienced Legal Practitioner who obtained his LL.B from University of Ife and LL.M from School of Oriental & African Studies, University of London. He has Post-Graduate Diplomas in Intellectual Property Law, Construction Law, Management and Arbitration. He has served in various capacities since his Call to the Nigerian Bar in 1982, including practicing at Akinjide & Co., and lecturing part-time at Oxbridge Tutorial College. He was the Honourable Commissioner forYouths, Sports and Special Needs, State of Osun, August, 2011 to November, 2014. He is currently the Principal Partner at Kola Balogun & Partners. SKB, as he is fondly called, is accredited with several publications to his name, both International and Domestic.

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.

ADERINSOLA FAGBURE Aderinsola Fagbure is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five. She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. Her column, “In black and white” discusses the need for innovation on the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.

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

Who’s to Blame, Judges, Counsel or Both?

think that the time has more than come for lawyers to be sanctioned for unbecoming behaviour in terms of their court room antics and the tricks that they play to delay matters and frustrate justice, especially when they are representing defendants in matters and they know that their client(s) defence is at best, wishy washy, that is, if they have any defence at all. My learned colleagues, when your client has no defence to a matter, look for a way to settle it. Don't deceive your client and tell him/ her that they have a strong case, when he/she clearly does not. For example, if its a debt issue, urge the claimant to write off some of the debt if possible and get into a realistic instalmental payment plan or arrangement. Frivolous Letters of Excuses Instead, our stock in trade is to come up with frivolous letters full of silly excuses and reasons why we are unable to attend court, just to delay a matter, even when we were present in court when the matter was set down for hearing and all parties agreed to the dates picked by the Court! More shocking is the attitude of some of the Judges. They know its a fake excuse, but they still say “I will allow counsel this adjournment” or for the serial letter writers, “I will allow counsel one more adjournment, no order as to costs”. Why do Judges let these letter writers off the hook so easily? Counsel know that they can get away with that type of behaviour, that is why they do it. When Judges start to award N200,000 costs against absentee counsel who have made this bad practice a habit, on every occasion they absent themselves from court, lawyers will start to think twice before writing such frivolous letters. It will only be in cases of real emergencies that can be verified that such excuse letters will be written. In fact the older you are at the Bar, the higher the cost that should be awarded against you.

No Writ of Summons, Duplicity of Cases Recently, I filed a matter at Lagos High Court on behalf of a client (Case 1). The defendants evaded being served the originating court process in the matter. After the Court Bailiff had made 4 attempts to serve them and failed, including going to their residence at the crack of dawn to wait and be able to serve them at 7am, we obtained an order for substituted service by pasting. On receipt of our originating court process, the defence counsel, instead of filing an appearance with a statement of defence and other documents (maybe even a counter-claim if one was necessary), ran to another court in the same Lagos High Court to file a motion, without any writ of summons, statement of claim and supporting documents, changing his clients from defendants in Case 1 to claimants in this case (Case 2). I was astounded. Firstly, I was shocked that the court would even entertain Case 2, a matter that had no originating process, contrary to Order 3 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules, 2012. As lawyers, we all know or as we say in legal parlance, “it is trite” that it is the originating process in a matter that ignites the jurisdiction of the court. Therefore, since there was no originating process, that is, writ of summons and statement of claim etc, the court had no jurisdiction to hear the matter. Simple Law 101. In layman’s terms, an originating court process is like a call to the opposing party to answer to a case that has been laid against him/her by the claimant. That call is mandatory, for the defendant to be able to respond, whether conditionally or unconditionally, by way of memorandum of appearance, statement of defence and so on. Without that call, the court lacks jurisdiction to hear the matter. Case 2 was obviously an abuse of court process, for the afore-mentioned reason and because it had to do with exactly the same subject-matter as Case 1, which was first in time. This was pointed out to the Judge who didn’t seem to care. An action purportedly commenced without an originating process is a nullity according to the Rules. The counsel for the co-defendant immediately made an oral application that the matter be dismissed for lack of jurisdiction, because there was no originating process. Even though the case file was before the Judge and it was clear that there

was no originating process in the file, the Judge refused to grant the application, and instead, instructed the co-defendant's counsel to file a notice of preliminary objection. This was done immediately. Of course, the so-called claimant did not file a counter-affidavit and kept failing to show up in court. After about 5 or 6 appearances in court, the court finally granted the application, dismissed the matter and did not award any costs to us. Who was at fault here? The lawyer who did the wrong thing or the Judge that failed to take the right step timeously? It would have been a bit bearable, had the Judge awarded heavy costs to us, having attended court several times for an incompetent matter. If the erring counsel was made to pay costs to us, and face contempt proceedings, if the costs were not paid within a certain period, he/she would think twice before doing these types of things, because he/she will be aware that there are consequences for such actions. Incompetent Interlocutory Appeals Or is it the lawyers who love to file useless and incompetent interlocutory appeals with motions for stay of proceedings, just to frustrate the claimants, and also to collect enough appeal cases to assist them to qualify for Senior Advocate of Nigeria? Again, I was in court for another matter sometime ago. My client was the claimant. Trial commenced and the claimant concluded its case. The defence counsel, instead of opening their case, then brought a motion to which we filed a counter-affidavit. We argued the motion, the Judge refused the defendant’s motion and ordered that the trial should continue. The defence counsel then filed a notice of appeal against the ruling on their motion plus a motion for stay of proceedings. We filed a counter-affidavit to the motion. I’m not saying that a lawyer who is dissatisfied with a ruling and has good grounds of appeal, should not appeal, but for goodness sake, follow the proper procedure. The so- called notice of appeal was of mixed law and fact, actually more fact than law, but the defence counsel failed to seek the leave of the lower court before filing same at the court of appeal.

Blame it on Counsel?

In this particular case which went on for over 10 years, the defendants were indebted to my client and did not want to pay. The defence counsel asked the Judge for a few days to respond to our counter-affidavit to their motion for stay of proceedings. When the Judge then suggested a date for the hearing of the motion, the defence counsel, as expected from a serial case adjourner, immediately jumped up and informed the court that the suggested date was not convenient. Fully expecting that the Judge would give a later alternative date, he gave an earlier date than the first one. Immediately the defence counsel said that the new suggested date was not convenient but he would take the first suggested date, which he had previously rejected as inconvenient! I had accused opposing counsel of using delay tactics to frustrate the case. This was confirmed with his display on the adjournment dates. But unlike my learned colleagues in Kano, who turned the court room into a boxing ring to settle their differences, even though I felt disgusted and frustrated, I simply asked the court to record my comments on the opposing counsel’s actions. I took it in my stride and when the court rose, I even joked with the opposing counsel in Yoruba that “ko si igba ti ma ku o ni ku”, that is, no matter how much he tried to delay, justice would eventually be served! Though as the saying goes, ‘justice delayed, is justice denied’.

Any Solutions? I could go on and on with examples of the things that we lawyers do just to be a clog in the wheels of justice. The question is are there any solutions? Some lawyers even boast that they will keep you in court for the next 20 years. I think that the Rules of Court should be amended to include various provisions to make lawyers personally responsible and liable for their defaults like filing faulty processes, flimsy letters of excuses and filing multiple suits. Judges should also report erring lawyers to the NBA for disciplinary action for bad behaviour. I accompanied my client to the Lagos State Task Force on Land Grabbing last year. I was

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

"AS LAWYERS, WE ALL KNOW OR AS WE SAY IN LEGAL PARLANCE, “IT IS TRITE” THAT IT IS THE ORIGINATING PROCESS IN A MATTER THAT IGNITES THE JURISDICTION OF THE COURT. THEREFORE, SINCE THERE WAS NO ORIGINATING PROCESS, THAT IS, WRIT OF SUMMONS AND STATEMENT OF CLAIM ETC, THE COURT HAD NO JURISDICTION TO HEAR THE MATTER. SIMPLE LAW 101"

alarmed by the number of cases that the person who was trying to grab my client's land had filed at the Federal High Court, both in Lagos and Abuja, on the same subject-matter, all in a bid to escape paying his huge debt. I, as a lawyer, was almost confused as the man happily and arrogantly kept reeling off the different Suit Numbers of his many cases with gusto and aplomb. I was handling the land grabbing aspect of the case, but I wondered why the lawyers opposing the land grabber, and the Judges, had done nothing about the 500 cases on 1 issue! A clear abuse of court process. At the Court of Appeal last week, I was listening to the cases before mine was called. An Appellant had previously applied to the court that his matter should be heard solely on the Appellant’s brief of argument which had been filed since 2011 or so. The matter was therefore set down for hearing for that day. The Respondent’s lawyer then showed up in court after a prolonged absence, and had the guts to beg the court to temper justice with mercy and allow him to file a brief and be heard. He claimed that their case file had got lost. From 2011 to 2017, for 6 years, he did not apply to the court for a certified true copy of the court file, nor did he request that the Appellant’s counsel avail him with copies of their file. Then on the day that the appeal was to be heard, he came to court armed with flimsy excuses. I was ecstatic when the court turned down his plea, heard the appeal and reserved it for judgement. Judges must take such decisive steps to discourage that level of unseriousness from lawyers. Already, the appeal had been pending for over 6 years and the Respondent’s counsel was hoping to delay it for even longer. When lawyers see that Judges will no longer accept frivolous excuses, and that they run the risk of not being heard (in accordance with the Rules), or that they will be sanctioned for bad behaviour, they will certainly sit up.

4/LAW REPORT

21.02.2017

When an Action is Statute Barred

T Facts

he Appellants, who were the Plaintiffs at the trial Court, instituted an action at the High Court of Delta State against the Respondents as Defendants. At the trial court, they sought the following reliefs inter alia: 1. A declaration that as leaseholders in respect of the Asaboro Rubber Estates in Oghara, the Plaintiffs are persons entitled to be paid fair and adequate compensation for the Defendants’ entry onto the land and damages caused thereon; 2. A declaration that the Defendants in entering the Asaboro Rubber Estate and cutting down Plaintiffs’ rubber trees, destroying the rubber Estate and other improvements on the Plaintiffs’ land without paying and or tendering fair and adequate compensation to the Plaintiffs, are in breach of their obligations under their oil mining lease and regulations applicable thereto, their entry upon and their activities on the said Estate, oppressive and wrongful. 3. The sum of N300,000,000.00(Three Hundred Million Naira) being fair and reasonable compensation due and payable to Plaintiffs by the Defendants for their entry and their activities on the Plaintiffs’ Rubber Estate. The Appellants contended that the land in dispute belonged to Joseph Asaboro who leased it to the 2nd Appellant who planted rubber trees thereon. They alleged that sometime in 1971, the 1st Respondent, without consent and authority and in total disregard of the terms upon which an oil company may enter private land under an Oil mining lease, unlawfully entered into the Appellants’ rubber estate, felling, bulldozing and clearing the rubber trees thereon. The Respondents on the other hand contended that they entered the land in dispute in 1971 following a grant of an Oil Mining Licence (OPL) No. 7 by the Federal Government. They asserted that they found oil on the land and as a result dug wells on the land; constructed roads etc. on the land and paid adequate compensation to the rightful owners of the surface rights destroyed and/or affected by their operations. They submitted that since the Appellants’ cause of action accrued in 1971, the action that was commenced in 1994, was therefore statute barred. The trial Court agreed with the Respondents that the action was statute barred, and consequently dismissed the action. The Appellants were dissatisfied and appealed to the Court of Appeal; the Court of Appeal upheld the judgement of the trial Court and also dismissed the appeal. Still not satisfied, the Appellants further appealed to the Supreme Court. Issue for Determination At the Supreme Court, the Appellants submitted two issues for determination of the Appeal. The Court adopted one of the issues thus: Whether this action is time barred by the operation of the Limitation Law of Delta State. Arguments It is the contention of the Appellants that the Respondents trespassed on their land which was in their exclusive possession; that the doctrine of continuous trespass (which is where something has been brought on land and wrongfully left there to continue to cause damage, thereby giving rise to actions de die in diem so long as it lasts), should apply in this case. They submitted that it is a continuous tort of trespass for a person to remain in another man’s land without his authority or consent. They relied on ONAGORUWA v AKINREMI (2001) 13 NWLR (Pt. 729) 38 at 61. They submitted finally that, where there is a continuing trespass, an action resulting thereon cannot be defeated by a plea of limitation of time. They relied on OBUEKE v NNAMCHI (2012) 12 NWLR (Pt. (1314) 327 at 354. The Respondents on their part, submitted that where a Statute of Limitation prescribes a period within which an action should be brought, legal proceedings cannot be validly instituted after the expiration of the prescribed period. They contended that in determining whether an action is statute barred or not, the court is enjoined to look at the

Honourable Justice Walter Samuel Nkannu Onnoghen, AG. CJN

In the Supreme Court of Nigeria Holden at Abuja On Friday the 13th Day of January, 2017 Before Their Lordships Walter Samuel Nkannu Onnoghen, Acting CJN Mary Ukaego Peter-Odili Olukayode Ariwoola Kudirat Motonmori Olatokunbo Kekere-Ekun Chima Centus Nweze Justices, Supreme Court SC.3/2007 Between 1. Mrs. Comfort Olufunmilayo Asaboro 2. Union Commercial and Industrial Company Limited................. Appellants And 1. Pan Ocean Oil Corporation (Nigeria) Limited 2. Deutag Nigeria Limited.............Respondents Lead Judgement delivered by Honourable Justice Walter Samuel Nkannu Onnoghen, AG. CJN

processes filed together with the evidence on record where applicable to determine when the wrong was said to have occurred, and compare with the date of filing of the Originating process. They relied on OGUNDIPE v NIGERIA DEPOSIT INSURANCE CORPORATION (2008) All FWLR (Pt. 432) 1220 at 1239. The Respondents stated that there was no dispute between the parties that the cause of action arose in 1971, while the claim of the Appellants for compensation was instituted on 7th July, 1994, a period of over 23 years after the cause of action arose. They referred the Court to the provision of Section 6(2) of the Limitation Law Cap 79-121 Vol. IV Laws of Bendel State, 1976 (which is applicable to Delta State) in arguing that the Appellants ought to have commenced their action within 12 years after the cause of action arose. In relation to a claim for compensation, they submitted that by

"THE IMPLICATION OF AN ACTION BEING STATUTE BARRED, IS THAT A PLAINTIFF WHO ORDINARILY WOULD HAVE HAD A CAUSE OF ACTION BY JUDICIAL PROCESS, BECAUSE THE PERIOD OF THE TIME LAID DOWN BY THE LIMITATION LAW FOR INSTITUTING SUCH AN ACTION HAS ELAPSED, AUTOMATICALLY LOSES THAT RIGHT TO APPROACH THE COURT TO VENTILATE HIS GRIEVANCET"

the provision of Section 4(1) of the Limitation Law (supra), the Appellants should have commenced their action within 6 years. They submitted that by operation of the two Sections of the law, the Appellants’ action was statute barred, and urged the Court to strike it out. Responding to the argument of the Appellants on the issue of continuing trespass, the Respondents submitted that the issue before the Court has nothing to do with trespass. They drew the attention of the Court to the fact that both parties agree that the Respondent entered into the land in dispute pursuant to a grant of Oil Prospecting Licence and Oil Mining Lease by the Federal Government of Nigeria and therefore, their entry was lawful. The Respondents also pointed out that the Appellants raised the issue of continuing trespass for the first time at the Supreme Court, and that same was neither argued at the trial Court nor at the Court of Appeal. They submitted that the Appellants are not permitted to approbate and reprobate. Reliance was placed on the case of ADESOSUN v GOVERNOR OF OSUN STATE (2012) All FWLR (Pt. 619) 1044 a 1064; INTERCONTINENTAL BANK LTD v BRIFINA LTD (2012) All FWLR (Pt. 639) 1192 at 1206. They urged the Supreme Court not to disturb the concurrent findings of fact of the two lower Courts and to resolve the issue against the Appellants. Court’s Rationale and Judgement The Supreme Court observed that the Appellants did not file a Reply Brief in the appeal and it was held that where a Respondent raises an issue relevant to the determination of an appeal in his Respondent’s brief, the Appellant is entitled to react to same by filling a Reply Brief in which he addresses the issue(s) so raised, else he is deemed to have conceded the point/issue raised. The Court further pointed out that the Respondents submitted in their Respondents' brief that the issue before the Court has nothing to do with trespass let alone continuing trespass, but on payment of fair and adequate compensation for the alleged wrongful acts of the Respondents. The Court agreed with the Respondents and held that the case being presented by the Appellants at the Supreme Court is completely different from their case at the lower courts. The Supreme Court held that a party should be consistent in the case he presents at the trial and appellate Courts, as he is not allowed to present different cases before each hierarchy of Court. In determining the issue before it, the court made reference to the record of the trial court and quoted as follows: “the cause of action arose in 1971. The suit was filed in 1994 after 23 years. The limited time allowed by law is 12 years. I hold that this action was statute barred and there is therefore no jurisdiction to entertain it” The Apex Court also observed that the above holding of the trial court was affirmed by the court of appeal in its judgement. The court held that the Supreme Court does not make it a practice of interfering with the concurrent findings of facts by the lower courts except where special circumstances are shown to exist such as that the findings are perverse i.e. not supported by evidence on record, or there was a serious error of procedural or substantive law which has resulted in a miscarriage of justice. The Supreme Court was of the opinion that the principle of Limitation of time applied to the facts of the appeal, and that having regard to the time the cause of action arose which is 1971, and the institution of the action which was on 7th July, 1994, a period of twenty three years after, the action so instituted is statute barred, thereby leaving the courts with no jurisdiction to entertain same. Appeal Dismissed. Representation: H.G. Erhabor Esq. for the Appellants Ayo Asala Esq. for the 1st Respondent E. Ohwovoriole Esq. for the 2nd Respondent Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

21.02.2017

NEWS/5

L-R: Mr. Tunde Aiku, SAN, Mrs. Folake Solanke, SAN, Governor Elect Ondo State, Mr. Oluwarotimi Akeredolu, SAN and Attorney-General and Commissioner for Justice Oyo State, Mr. Oluwaseun Abimbola at a Special Court Session organised by the Oyo State Judiciary in honour of the late Bandele Aiku, SAN last week

L-R: Chief Emeka Ngige, SAN, Mr. Dele Adesina, SAN, Chief J-K Gadzama, SAN and Chief Arthur Obi Okafor, SAN at a Special Court Session

Solanke: Linking Judges, SANs to Corruption is a Blow to the Judiciary Stories by Akinwale Akintunde

First female Senior Advocate of Nigeria, Chief (Mrs) Folake Solanke, has decried the recent allegation of corruption against some Judges and Senior Advocates of Nigeria. Solanke described this development as a calamity for the legal profession. Speaking in Ibadan last Wednesday at a special

court session organised by the Oyo State Judiciary in honour of the late legal icon, Bandele Aiku, SAN, who died on August 31, 2016 at the age of 80 years, she said, “In my 54 years at the Bar, I could not have imagined that we would now have honourable Judges and Senior Advocates of Nigeria in the dock answering to criminal charges. “Of course, they are presumed innocent until

proven guilty, but the present situation of charging Judges, in indictments, is a legal calamity and opposed to the meaning of “Honourable Judges". “The legal system in Nigeria is bleeding internally and we must stop the dangerous haemorrhage in order to clean the Augean stable. “We have many Judges who labour to render justice without fair or favour,

by abiding to their oath of office. But a few erring Judges tragically smear the upright Judges and those in the legal profession with a paint of corruption by polluting the stream of Judges.’’ According to the Senior Advocate, it would be a dreadful mistake to condemn all Judges and all SANs, adding that upright Judges were respected all over the world, and such

respect ensured the smooth administration of justice worldwide. She called on the National Judicial Council (NJC) to always expedite the process of taking decisions on complaints against serving judicial officers, adding that the legal profession needed to formulate new strategies which could enable upright and knowledgeable Judges to restore the golden age of the administration of

justice. Solanke noted that the previous method of inviting suitable lawyers to the bench, produced very good Judges who engendered the golden age. “Right now, applications, not limited to judicial officers, are being considered for appointment as judicial officers to the Supreme and Appeal Court. We pray the exercise will be a spectacular success"' she said.

Buhari, Onnoghen, Afe Babalola, Lekki Gardens Olanipekun, Others, for a Book Building Collapse: Launch on Justice Kayode Eso Lagos State President Muhammadu Buhari is expected to be the Special Guest of Honour at the Public Presentation and launch of the book ‘Justice Kayode Eso Beacon of Judicial Activism’ on Tuesday, February 28, 2017 at Sheraton Lagos Hotel, Ikeja.

Former NBA President, Chief Wole Olanipekun, SAN will chair the event, while the Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen is the Guest of Honour. The father of the day for the book launch is Aare Afe Babalola, SAN, while the Chief

Launcher and Book reviewer are Alhaji Aliko Dangote, Chairman/CEO, Dangote Group of Companies and Professor Ademola Popoola, Dean of Law, Obafemi Awolowo University, Ile Ife. Ogbeni Rauf Aregbesola, Governor, State of Osun is

the Chief Host, while Royal Fathers of the day are HRH Oba (Dr) Sikiru Adetona, Awujale of Ijebuland and HRH Oba Rilwan Akiolu, Oba of Lagos. The Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, Ojaja II is the Host Royal Father.

EFCC Hosts Programme to Engage SouthWest Women in Anti-Corruption Fight The Economic and Financial Crimes Commission (EFCC) will tomorrow, February 22, 2017 hold a programme “Nigerian Women against Corruption” for the women of the South-West. A statement from the Commission stated that the event which will hold at the Haven, Ikeja is being organised by the EFCC in collaboration with the Office of the Wives of the State Governors in the South-West and Commissioners for Women Affairs from all the South-West States. According to EFCC, women

are essential to the much desired attitudinal change in the country. Sequel to the successful flag-off of the Nigerian Women against Corruption Project by the wife of the President, Mrs. Aisha Muhammadu Buhari, on the 7th of December, but 2016 in Abuja, the EFCC is set to hold a programme “Nigerian Women against Corruption” in the SouthWest. “The role of women in the society cannot be over-emphasised, as nurturers of family, moulders of the society, adding that women are essential to the much desired at-

titudinal change in the country. “Against this background, the EFCC is collaborating with the Office of the Wives of the State Governors in the South-West and Commissioners for Women Affairs from all the South-West States to engage Nigerian women in a sustainable fight against corruption, as a continuation of a successful flag-off of the project in December, 2016 by the wife of the President”, EFCC stated. The event, according to the anti-graft Commission is aimed

at achieving Women’s declaration against; Corruption; Public awareness/education about Corruption; Development of Women-focused anti-Corruption programme; Enhancement of Women’s role as anti-Corruption watchdogs, whistle blowers and foot soldiers and implementation of a regime of probity and accountability driven by women amongst others. The project is expected to be launched by the First Lady of Lagos, Mrs. Bolanle Ambode, in conjunction with other First Ladies of the South-WestStates.

Government Files Criminal Charges

The Lagos State Government has commenced criminal proceedings by the filing of Information on Friday, February 17, 2017 at Lagos High Court, in relation to the collapse of a Lekki Gardens Building. Lekki Gardens Estate Ltd, GT Rich Ltd, HC Insight Solutions Ltd and 7 others are facing six count charges for failure to have building approval for the collapsed building and manslaughter. The defendants are facing criminal charges for manslaughter of the 33 people who died following the collapse of the Building. According to the statement by Mr. Kayode Oyekanmi, Assistant Director, Public Affairs, Lagos State Ministry of

Justice, the defendants are facing charges for failure to obtain Building Approval contrary to Section 75 of the Urban and Regional Planning and Development Law of Lagos State 2010 and Section 224 of Criminal Law of Lagos State, 2015, for unlawful manslaughter respectively. It will be recalled that the Lagos State Governor, Mr. Akinwunmi Ambode, had expressed a strong commitment to the protection of lives and properties of all citizens in the State and the pursuit of justice for all the victims of the collapsed building, while assuring residents that no stone would be left unturned, to ensure that cases of criminal negligence and other forms of criminal activities are prosecuted

21.02.2017

Alleged N10.9bn Theft: Witness Tells Court of FinBank’s Share Incentives to Staff Akinwale Akintunde A defence witness, Mr. Bede Alugbue has informed an Ikeja High Court about the various share incentives that were offered to staff by the defunct FinBank Plc, while Mr. Okey Nwosu hold sway as the Managing Director of the Bank. Alugbue, who is the former Head of Human Resources of FinBank Plc, made this revelation while being led in evidence by Nwosu’s lawyer, Mr. N.K Oragbwu, at the resumed trial of the ex-bank MD and three former directors of the bank before Justice Lateefa Okunnu over an alleged N10.9 billion theft. Nwosu and his co-defendants, are facing a 26-count charge bordering

on stealing of N10.9 billion preferred against them by the Economic and Financial Crimes Commission (EFCC). They were first arraigned before the court in 2010, while their trial progressed until December, 2011, when an application challenging the jurisdiction of the court to entertain the charges preferred against them by the EFCC, was brought. The defendants appealed to the Court of Appeal, Lagos Division, which in its ruling delivered on November 21, 2013, set aside the ruling of the lower court and held that it had no jurisdiction over capital market-related issues, which it added, can only be prosecuted at a federal court. The EFCC however, appealed to

the Supreme Court, which on July 1 last year, set aside the ruling of the appellate court, and ordered that the case should be sent back to the Lagos State Chief Judge for expeditious trial. At last week's proceedings, Alugbue explained that “There was the Staff Share Trust Scheme, which was an incentive given to staff where they became part owners of the bank through the purchase of shares. “The Board Share Incentive Scheme started in 2008, at the same time as the staff scheme; members of the board approved it." Alugbue, while being cross-examined by counsel to EFCC, Mr. Rotimi Jacobs, SAN vehemently denied having a close relationship with Nwosu despite the

EFCC prosecutor’s insistence. “I was not very close to the first defendant when we were working in the bank, I have not even seen him in five years neither have I spoken to him since we worked at FinBank from 2006 to 2009. “I do not know the nature of the charges that Mr. Nwosu is facing in court, one of the lawyers called me and told me that my name came up during the course of discussions", he said. Alugbue also denied knowledge of six companies which are allegedly linked to the defendants, in the fraud. Justice Okunnu adjourned the case to March 29, 2017 for continuation of trial.

Legal Personality of the Week Daniel Hassan Bwala

‘Law Practice Only for Mature Mind’ I am Daniel Hassan Bwala, a private Legal Practitioner, Arbitrator, Notary Public, Author, Lecturer of law, Resource Person, Policy Analyst, a Columnist and Member of the Honourable Society of the Lincoln’s Inn. I hail from Hawul Local Government Area of Borno State. I graduated from University of Maiduguri where I obtained my LLB (Hons) and Coventry University, UK where I obtained my LL.M in International Business Law. I am the Principal Partner of Bwala & Halima Partners. Have you had any challenges in your career as a lawyer and if so what were the main challenges? Because of my passion for legal practice and commitment to succeed since my call to bar, I have hardly looked back to the challenges I had faced or the ones that I may be facing, and I do not consider them as challenges worthy enough of my attention; save for example, growing up as a pupil lawyer in Chambers, I have always had these times when I felt like I was not paid salary commensurate to my input and work ethics. But again, this is common in Nigeria; that Lawyers are not paid well and have been reduced to work slaves; yet no one will talk because of the conservative nature of our practice. In every annual General Conference of NBA that I have attended since I have been called to the bar, this question of lawyers emoluments have been raised, with no assured commitment from NBA to work out a minimum wage for lawyers. Hopefully, the regulation NBA is currently advocating for, would see that this issue is addressed. Some lawyers are paid salaries lower than salaries of sales girls in computer business centres. As I searched and researched, I realised that the Chambers where I did my pupilage, was even one of the highest paying law firms in the country, therefore, it is hard to classify that as a challenge, but generally the situation with lawyers in this regard is alarming and if nothing is done to address it by the NBA, we would lead a campaign for a legislative reform that will take care of that. What was your worst day as a lawyer? The day I lost a case, for which I was convinced the case should not have been

Daniel Hassan Bwala

lost in all its ramifications. But again, losing a case cannot be a worst day for a lawyer; there would always be losses, because the demand on the lawyer is to put in his best and be diligent in the handling of his cases, but certainly not to win at all cost, lest unprofessional conducts and practices creep into his practice. The FRA Williams, Afe Babalola, Wole Olanipekun and J-K Gadzama, all Senior Advocates of Nigeria with proven results have all lost cases in their practice; yet they have today shaped our legal practice through their advocacy skills, knowledge and industry. What was your most memorable experience? Of course, there have been plenty of memorable experiences. But let me state just one here due to the lack of space. The day I was up against A.B Mahmud, SAN (the current President of the Nigerian Bar Association) in a case I appeared for a former Governor of a North-Eastern State of Nigeria, against Revenue Mobilisation Allocation and Fiscal Commission, before Honourable Justice Bello of the Federal High Court, Abuja. That was 8 or 9 years ago. I had filed a motion for judgement. Usually, his junior in Chambers appeared

in the matter, but on this occasion, he, the learned silk appeared. Therefore, it was memorable because I was up against a Senior Advocate of high repute on the day and I was battle ready. After we announced our appearances, as a young lawyer, I was raving with intimidating confidence and I informed the court that the business for that day was the hearing of my motion, since all parties were served and had had ample time to respond to my motion, which they unfortunately didn’t. The learned silk carefully urged the court to give him time to file his defence in the matte. I quickly objected and stated that they had had time, but they had not used it. After back and forth, the court carefully informed me that since the judgement I sought was a default judgment and might not terminate the case, I may consider conceding to the request for adjournment, so we could go to the merits of the case; I did, but that day was memorable to me then as a young lawyer. There have been plenty since then. Who has been the most influential in your life? I honestly have two sides to it. The first one is Dr. David Oyedepo, a man who has exemplified unarguable leadership skills. The second influence on my life is Chief Joe-Kyari Gadzama, SAN. I had the privilege of working in his Chambers and under his tutelage and equally watched how this man handled his assignments with diligence and quest for perfection. He was the first from the North-East to be conferred with the privilege of a Senior Advocate of Nigeria, therefore it was only natural to want to learn under him. He personally ensured the assignment of cases to counsel in chambers irrespective of year of call. For example, in the first few months of working with him after my call to bar, he ensured I appeared in all the superior courts of record. When he became Barrister of Lincoln's Inn, he personally encouraged me to do the same; a feat I achieved after I started my own practice. Anytime, I applied for leave to travel for training, workshop and conferences both in Nigeria and outside Nigeria around the world, he may not have financed them, but he would grant me leave to attend. For the five years I worked under him, I travelled abroad

every year in some cases, several times in a given year, all self-sponsored save for 2009 IBA in Spain, which he sponsored, but he always gave me the moral support. Why did you become a lawyer? Simply put, because of my passion for justice. I remember growing up in my family, when we got into trouble, my siblings would always call on me to speak for us. I have always asked questions like “why” “how” “when”. I hated injustice anywhere I saw one, and I have always got into trouble fighting for the cause of others. My late father once remarked, “If you don’t become a lawyer, you will be useless in life” With respect, he was partly wrong, because from God’s perspective I didn’t have to be a lawyer to be relevant and useful. What would your advice be to anyone wanting a career in law? Unless you have a passion for justice, you are willing to study, having the character and patience, don’t venture into it. A career in law is purely for the matured minds. It requires a lot of money, and does not promise a return on investment. Because, the success in law does largely depend on you than on your certificate. That is why arguably more than half the lawyers in Nigeria are not in active legal practice. If you had not become a lawyer, what would you have chosen? Maybe I would have chosen a career in football because I was a very good footballer and I played the striker. But by divine calling, I am a preacher of the gospel and I have been preaching for many years, before I even became I lawyer. Where do you see yourself in 10 years? A senior advocate of Nigeria (if it has not become abolished by then), AttorneyGeneral of the Federation, policy advisor to governments, a dominant ball player in energy and infrastructure law in Africa. On the global scene, I hope to acquire five multi-jurisdictional licenses to practice. I do hope to publish at least six books; three of which are for spiritual edification and three for law and development in the world. But all of these can only happen by the grace and mercy of God.

21.02.2017

Section 286 ACJL Lagos State: a 21st Century Legislative Faux Pas Emmanuel Ezeh examines Section 286 of the Administration of Criminal Justice Law of Lagos State, admitting the fact that though the reasons for its promulgation may have been laudable, in his opinion, it is unconstitutional, offending the doctrine of fair hearing, while discouraging the public from reporting criminal activities, for fear of being held liable

Protection of Citizens from Victimisation mong the primary objectives of government in democratic societies, are the maintenance of law and order, pursuit of the common good, protection of citizens from victimisation, and so on. A major tool employed in the pursuit, facilitation and actualisation of these objectives is the enactment of laws legitimising actions to be taken, or sought to be taken by relevant authorities for attainment of the desired goals. Section 286, ACJL As highlighted above, protection of citizens from victimisation nay criminal victimisation is one of the primary objectives of democratic governments. This perhaps informed the inclusion by the Lagos State House of Assembly of a curious provision in section 286 of the Administration of Criminal Justice Law, Lagos State (ACJL). The section provides as follows: “if in any case before a court, any person is charged with any offence and the court trying the case discharges or acquits any of the defendants, and the presiding judge or magistrate is of the opinion that the accusation against any of the defendants was false, frivolous or vexatious, the judge or magistrate may for reasons to be recorded, direct that compensation be paid as the court shall deem fit, to the defendants or any of them by the person upon whose complaint the accused was charged” (hereinafter referred to as the “complainant”). Reasons for Section 286 The provision was prompted by the proliferation in Lagos State, of an infamous and nefarious practice among some residents, of falsely crying foul, making false/frivolous accusations against some others, raising false alarms, and falsely indicting some other innocent persons. It was in a bid to combat, curb and/or punish the actors or purveyors of these malevolent practices that section 286 ACJL was introduced. Doctrine of Fair Hearing The laudable intendments of the said provision regardless, it is important to undertake a dispassionate assessment of the provision or to consider its legal tenability, especially in the face of the sacrosanct provisions of section 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (otherwise referred to as “the Constitution”). It is trite that section 36 makes provision on the fundamental right to “fair hearing”. Subsection 1 of the section provides to the effect that, in the determination of his civil rights and obligations... a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence. The long and short of the above provision and indeed, the concept of fair hearing is that, a person is entitled to be heard by an independent, impartial body whenever the need arises for the determination of his rights and obligations. In that regard, it would be difficult to comprehensively appreciate the import of the doctrine of fair hearing without a reference to the pillars of justice – audi alteram partem (let both parties be heard before a pronouncement is made on the matter) and nemo judex in causa sua (no one should judge his cause). See the Supreme Court’s decision in MILITARY GOV. OF LAGOS STATE v ADEYIGA (2012) 5 NWLR Pt. 1293 p. 291 @ 319. In this discourse however, the former pillar of justice comes in handy. It is important to highlight at this juncture, that criminal trials are usually between two parties – the state against the defendant(s). Although the arrest and indictment of the defendant may be precipitated by a complaint made by an individual, the individual, even if he is a victim of the offence, is never a party to the criminal proceedings. This is pursuant to the policy

ish offenders of the law, so as to deter other members of the public from conducting themselves in a similar manner. The parlance gives no room for award of compensation, cost or other monetary damages against any person, a fortiori a person who is not a party to the suit, in favour of any other person. What may be obtainable at best are fines, which may be awarded against convicts and which said fines are only payable to state coffers.

Lagos State Governor, Akinwunmi Ambode

of the state to subrogate the victim of the offence, in order to step in and punish the offender, since in the parlance of criminal law, albeit an offence may be committed against an individual, it is deemed to be committed against the state. It is apposite to enlist at this juncture that, a court can only be seized of competence to adjudicate and make pronouncement on a matter between parties before it and not otherwise. In other words, a court lacks jurisdiction to make an order in a suit, a ‘fortiori a criminal suit, against a person who is not a party to the suit. See the Supreme Court’s decisions in MADUKOLU v NKEMDILIM (1962) 2 SCNLR 341; GOLDMARK (NIG.) LTD. v IBAFON CO. LTD. (2012) 10 NWLR (Pt. 1308) 291. The reason is chiefly rooted in the fact that, a party who is not before the court cannot have the opportunity to be heard or make out a case. Mischief of Section 286 In Military Gov. of Lagos State v Adeyiga, supra, the court emphasised tritely that, a hearing cannot be said to be fair where a party is refused a hearing or denied the opportunity to be heard, present his case or call evidence. The decision of the court in no small measure evinces the mischief purveyed by the provision of section 286 ACJL. Awarding compensation against a complainant who is not a party to the suit; who merely performed his civic duty of reporting crime or reasonable suspicion of commission of crime, is beyond ridiculous and unconstitutional. The provision offends the rule of law, natural justice and equity. The issue is further compounded by the fact that the essence of criminal law nay trials is primarily to pun-

"AWARDING COMPENSATION AGAINST A COMPLAINANT WHO IS NOT A PARTY TO THE SUIT; WHO MERELY PERFORMED HIS CIVIC DUTY OF REPORTING CRIME OR REASONABLE SUSPICION OF COMMISSION OF CRIME, IS BEYOND RIDICULOUS AND UNCONSTITUTIONAL. THE PROVISION OFFENDS THE RULE OF LAW, NATURAL JUSTICE AND EQUITY"

Section 286: Discourages Report of Criminal Activities Further, one of the bugbears of the provision is its glaring tendency to deter members of the public from reporting criminal activities. This again is no less a conundrum, since failure to prevent a felony (like timeously reporting to the law enforcement agencies) is itself a misdemeanour punishable by 2 years imprisonment – see section 515 Criminal Code Act, Cap C38 Laws of the Federation of Nigeria 2004; section 410 Criminal Law of Lagos State, 2011; the case of OBUMSELU v C.O.P. (1958) 3 F.S.C. 40. There lies the dilemma. With such law as section 286 ACJL in place, members of the public would be naturally afraid of bringing forth even genuine and reasonable suspicion of commission of offences for fear of possible liabilities. It is only pedestrian for the police to upon receiving complaint from private individuals, sweep into investigation and only act upon the findings from their investigation. If from their findings, they deem it fit to indict the object(s) of their investigations, good for them. If they find more persons (other than the object(s) of the complaint) complicit, they may proceed to indict them. One may imagine a situation, as in the latter case, where the court discharges and acquits a person and then proceeds to award compensation against the complainant. That surely would climax the oddity and offensiveness of the provision in section 286 ACJL. There is no doubt that implementing the provision of section 286 ACJL will weigh in negatively on crime detection, combat, prosecution and implementation, since members of the public will be deterred from reporting criminal or potential criminal cases. The provision is verily against public policy. Section 286: Conflict with the Constitution The provision of section 286 ACJL derogates the tenets of fair hearing and consequently conflicts with section 36 of the Constitution. As a result, the provision cannot stand in view of its flagrant affront to a provision of the constitution. See section 1(3) of the Constitution. The courts are implored to negate the provision at the earliest opportunity. Solution for Malicious Prosecution Where a party feels that another has spitefully and maliciously set the law in motion against him, leading to his prosecution and eventual acquittal, he may wish to initiate a civil action against that other under the tort of malicious prosecution. See the cases of BALOGUN V AMUBIKAHUN (1989) 3 NWLR (Pt. 107) 18; JOHN HOLT PLC. v ALLEN (2014) 17 NWLR (Pt. 1437) 443. But in exploring the available remedies, care must be taken to do so through the right channels. It is disturbing that such a law as section 286 ACJL could see the light of the day in this age, and in a place like Lagos State, which is a state revered for its pace setting stance vis-a-vis other states of the Federation. It is imperative for members of our legislature to deftly perform their parliamentary duties which include inter-alia, proper and thorough consideration of bills, especially against the backdrop of the provisions of the Constitution and other mainstay laws; to avoid dishing out to the populace such malevolent laws as that in section 286 ACJL; in other to avoid inter-alia, stoking confusion and/or distorting preexisting social orders. Emmanuel Ezeh, Legal Practitioner, Lagos.

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21.02.2017

Why States Must Seek to Enforce Violence Against Persons (Prohibition) Act 2015 Recently, Nigerians woke up to the real life horror story of Christopher Sule, a 43 year old "Evangelist", who decided not to 'spare the rod', but instead, inflicted so much physical, mental and emotional torture, pain, and grievous bodily harm on his two little daughters, aged 8 and 6. While Daniel Bwala examines the provisions of the Violence Against Persons (Prohibition) Act, 2015 and urges all States in Nigeria to begin to enforce it now, Jude Igbanoi focuses on the rising wave of child abuse and domestic violence in Nigeria and the violation of the rights of children (and vulnerable persons) who deserve protection from Government and their Parents, but are unfortunately, short changed

A Father from Hell father from hell! That was how some described one Christopher Sule last week, a Jos, Plateau State based father for beating his children, ages 8 and 6, over a period of about 3 years years, and inflicting severe injuries on them. Although the 43 year old Sule is currently facing trial in court, Daniel Bwala examines the provisions of the Violence Against Persons (Prohibition) Act, 2015 and why states must enforce it now, to protect children and vulnerable persons against domestic violence. Domestic violence is the curse of our society; some of which are fuelled by cultural and traditional ideologies. Virtually, every other day you read or hear about incidents of domestic violence. Women are being subjected to sex slavery through various forms of sexual activities, either without their consent, or such consent obtained by intimidation, threat, physical abuse, etc. Children are being subjected to all sorts of domestic abuses as though they are objects. The Violence Against Persons (Prohibition) Act, 2015 For many years, there have been calls by various interest groups for a reform of our penal and criminal codes to incorporate emerging acts classified as violence and abuse in our society. No doubt, our penal and criminal codes have some of the offences defined as domestic violence, it fails to capture the expanded definition to incorporate emerging issues and practices over time; hence the passage into law of the The Violence Against Persons (Prohibition) Act, 2015. The Act seeks to eliminate violence in both private and public life; at best provide for protection, punishment and compensation for the victims of violence against persons. By the passage of the Act, the concept has gone beyond domestic violence to general violence against persons e.g electoral violence, offensive conduct, emotional, verbal and psychological abuse, spousal battery, violence by state actors, forced isolation and separation from family and friends, stalking, harmful widowhood practices, incest, indecent exposure etc.. Although the Act is limited in its applicability to the FCT and subject to the jurisdiction of the FCT Courts (S. 47), leaving States to domesticate the Act in their respective states; It is however, superior to any relative enactment such as the penal code, criminal code and criminal procedure codes in its application and enforcement. Some of the salient aspects of the Act is worthy of mention here; Applicability and enforcement - Section 27 of the Act has limited its applicability to the FCT, but is supreme over enactments such as penal code, criminal code and criminal procedure code, especially with respect to the expanded scope of rape, consent and means by which consent is obtained. For

example, the penal and criminal codes have a limited scope, in that they protect only women from rape and limit what constitutes rape to virginal penetration without consent. But the Act in Section 1 (1) (a) (b) (c) has now expanded the scope and limit of rape to include intentional penetration of vaginal, anus or mouth of another... without consent or with consent obtained by force, threat, intimidation, fear of harm or false and fraudulent misrepresentation as to the nature of the act.... Which in effect means even a man can be raped. Abandonment - of wife, children and dependents with means of sustenance is now an offence under the Act. Therefore, recession cannot be an excuse for abandonment or that one has found love with a person other than his spouse and abandons his family without providing for them. Although battery has been covered by the existing codes, it has been qualified as an offence upon which on conviction, one serves a time not exceeding 3 years or for a fine not exceeding N200,000.00. Forceful ejection from home by a partner is now classified as an offence for which the punishment lasts up to 2 years imprisonment or option of fine of up to N300,000.00. Other offences such as causing damage with the intent to cause distress to a spouse, which is very common with men or women who are more often than not, the bread winners and are attempting to frustrate the partner, is now an offence. Anyone who aids or abets such an act is also caught up by the Act. Cultural Practices such as Incest - has a higher degree of punishment which. It has a minimum of 10 years imprisonment without an option of fine, if the incestuous acts are committed without consent. But if the act is committed with consent, then the term is 5 years without option of fine. This is how serious the Act tends to curb practices that are repugnant to natural justice. The Act defines incest to include indecent act of penetration with a person who is related by blood such as daughter, son, granddaughter, or son, brother, mother, father, niece, nephew etc. Other cultural practices such as female genital mutilation which is widely practiced in some parts of the country is now classified as an offence within the FCT and upon conviction, one is sentenced to a term of 4 years or option of fine of up to N200,000.00. Others are harmful widowhood practices observed in some parts of the country. They are deemed as offences under the Act. When a man dies, the family of the man subjects the widow to unwholesome practices to justify her innocence, to prove that she did not play a part in her husband's death; acts such as forcing the widow sleep in the manâ&#x20AC;&#x2122;s grave or drinking the water that the corpse is bathed in, is a criminal offence under the Act. Political Violence - This is one aspect that the Act expands; violence against persons beyond domestic violence. A person who commits political violence such as thuggery, mugging, use of force to disrupt meetings

Christopher Sule, a Father from Hell

etc commits and offence and is liable to imprisonment for a term of up to 4 years or option of fine as much as N1 million. This includes those who aid and abets offenders. It will be interesting to see how this is enforced and applied. Violence by State Actors - The Act describes state actors as agents of the state. These include servants or institutions of the state. Any act of political violence by state actors upon conviction results in a term of 4 years or a fine of N1 million. The state is also liable for the offence committed by its agents. Indecent Exposure - Indecent exposure is classified as intentional exposure of genital

organs or a substantial part thereof, with the intent of causing distress to the other party who upon seeing it may be tempted to commit an offence under the Act. Protection for Vulnerable Persons and/or Compensation for the Victims of Violence against Persons - The Act provides for a protection order which a victim of violence may apply to court and obtain. It is an order of court in form of a legal document signed by the court, that restrains an individual or state actors from further acts of violence against the victims. Such order may last throughout the period of the protection. As for compensation, the Act has now provided for due compensation for the victims of violence; this is without prejudice to other forms of assistance such as legal, medical, psychological and social services.

"A FATHER FROM HELL! THAT WAS HOW SOME DESCRIBED ONE CHRISTOPHER SULE LAST WEEK, A JOS, PLATEAU STATE BASED FATHER FOR BEATING HIS CHILDREN, AGES 8 AND 6, OVER A PERIOD OF ABOUT 3 YEARS YEARS, AND INFLICTING SEVERE INJURIES ON THEM"

Conclusion The passage of the law is a big step towards a society devoid of violence. It has introduced and expanded the scope of offences and provides for adequate punishment for offenders, while protecting the victims and providing compensation, where necessary. However, it is largely limited in its geographical applicability. States are enjoined to quickly domesticate this law as most of these offences are even more committed in jurisdictions where there is limited social-economic awareness. The citizens are strongly encouraged to push for the domestication of this law in their respective states. Daniel Bwala, Human Rights Lawyer, Abuja

21.02.2017

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Rising Domestic Violence: Toothlessness of Child’s Rights Act Jude Igbanoi

t would take the best of psychiatrists and psychoanalysts to go into the mind of a Christopher Sule, to find out what his heart is really made of, whether of stone or of any other hard metal. The Jos, Plateau State father, who is said to be an Evangelist, was arrested last week and arraigned for allegedly torturing his two children with electric cables etc, resulting in severe injuries and scars. The Social Welfare Officer of Jos South Local Government Area, Mr. Garba Mancha said that the incident was reported by the neighbours of this evil nan, who with the connivance and active participation of his wife, the children’s stepmother, had subjected the minors to unimaginable physical torture, resulting is unsightly injuries over a long period of time. The ungodly evangelist was handed over to the police after it was discovered that the father had persistently used cables to beat his two children who are aged eight and six, respectively. The ‘whys’ and ‘hows’ are absolutely of no relevance in situations like this. What should be of prime importance and attention, is what laws operate in a society that allows this kind of beast to live and visit this kind of dastardly acts on their very own offspring. The sense and sensibilities of right thinking and sane Nigerians have been so assaulted in the past few months with numerous incidents of this nature. Incidents of torture, domestic and spousal abuse have become so rampant and everyday occurrence in Ogun, Oyo and neighbouring states that human rights practitioners have continued to wonder if Nigeria and its 36 states have any laws at all to protect the rights of these vulnerable groups or persons in the society. But indeed Nigeria has adequate laws that guarantee the rights of children, women and vulnerable persons. What seems to be the challenge is the reluctance, refusal and lack of political will on the part of state governments to implement or domesticate the various statutes that protect children and women’s rights. The Statutes The Child Rights Act The Child Rights Act, was enacted by the National Assembly as far back as 2003. The Act for instance provides at section 11 that ‘Every child is entitled to respect for the dignity of his person, and accordingly, no child shall be subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse; or (b) subjected to torture, inhumane or degrading treatment or punishment; or (c) subjected to attacks upon his honour or reputation; or (d) held in slavery or servitude, while in the care of a parent, legal guardian or school authority or any other person or authority having the care of the child.’ This is where the likes of Evangelist Christopher Sule run foul of the law and deserve the strictest punishment. But the very authorities who should ensure that these provisions of the law are obeyed and adhered to are themselves guilty of the other numerous provisions of the law by negligence, irresponsibility and ignorance of these laws. The Act provides in section 13 that (1) every child is entitled to enjoy the best attainable state of physical, mental and spiritual health. (2) Every Government, parent, guardian, institution, service, agency, organisation or body responsible for the care of a child shall endeavour to provide for the child the best attainable state of health. (3) Every Government in Nigeria shall (a) endeavour to reduce infant and child mortality rate; (b) ensure the provision of necessary medical assistance and health care services to all children with emphasis on the development of primary health care; (c) ensure the provision of adequate nutrition and safe drinking water; Right to Private and Family Life. Right to Freedom of Movement. Right to Freedom, From Discrimination, Right to Dignity of the Child. Right to Leisure, Recreation and Cultural Activities. Right to Health and Health Services. 3 (d) ensure the provision of good hygiene and environmental sanitation; (e) combat disease and malnutrition within the framework of primary health care, through the application of appropriate technology; (f) ensure appropriate health care for expectant and nursing mothers; and (g) support, through technical and financial means, the mobilisation of national and local community resources in the development of primary health care for children. (4) Every parent, guardian or person having the care and custody or a child under the age of two years shall ensure that the child is provided with full immunisation. (5) Every parent, guardian or person having the care of a child who fails in the duty imposed on him under Subsection (4) of this section commits an offence and is liable on conviction for - (a) a first offence, to a fine not exceeding five thousand Naira; and (b) a second or any

The Abused Sule Children

subsequent offence, whether in respect of that child or any other child, to imprisonment for a term not exceeding one month. (6) The court may make, in substitution for or addition to any penalty stipulated under Subsection 15. (1) every child has the right to free, compulsory and universal basic education and it shall be the duty of the Government in Nigeria to provide such education. (2) Every parent or guardian shall ensure that his child or ward attends and completes his (a) primary school education; and (b) junior secondary education. (3) Every parent, guardian or person who has the care and custody of a child who has completed his basic education, shall endeavour to send the child to a senior secondary school, except as provided for in Subsection (4) of this section.’ Who is Entrusted to Protect the Rights of the Child? The government at all levels, federal states and local government are legally and constitutionally entrusted with this responsibility, but sadly, the reserve is the case in Nigeria. Part III of the Child’s Rights Act Sections 21- 25 provide extensively for the protection of the child. But no government at any level in Nigeria can rightly say it does this. Last year in Ogun State a father was caught and arrested

"IT WOULD TAKE THE BEST OF PSYCHIATRISTS AND PSYCHOANALYSTS TO GO INTO THE MIND OF A CHRISTOPHER SULE, TO FIND OUT WHAT HIS HEART IS REALLY MADE OF, WHETHER OF STONE OR OF ANY OTHER HARD METAL"

for chaining his 12 year old son in the house for over three years with bare necessities and a sparse meal a day. In the Ogudu area of Lagos, a father was caught and arrested for inserting pepper in the private part of his 12 years old daughter and he is currently standing trial at the Magistrate Court. There have been over 15 incidents of domestic violence resulting grievous bodily harm in various part of Lagos in 2016, and some resulting deaths. The Lagos State Government took this seriously enough to set up a Committee, including civil society organisations, human rights bodies, media partners and the police to form a think-tank on domestic violence and forge ways to combat it. Domestic Violence: On the rise in Nigeria That domestic violence is on the rise in Nigeria is an understatement, but that the laws, including Violence Against Persons Act, Child’s Rights Act have not been able to arrest the situation is most worrisome. Statistics from Cleen Foundation a gender based NGO, show that most reports indicate that violence is mainly in the household, against domestic servants, wives, minors, and close relations. Civil society organisations involved in defending the rights of children and vulnerable persons are few, and are incapacitated by lack of adequate funding and personnel. These Organisation include:Project Alert on Violence Against Women Center for the Protection of the Abused Women Action Women Justice Program Women's Centre for Peace and Development Women's Rights Advancement and Protection Alternative. Further statistics reveal that only 20 out of the 36 states of the federation have domesticated the Child Rights Act and the newly passed Violence Against Persons (Prohibitions) Act. Therefore, the onus and responsibility is on the states and federal government to ensure compliance with the provisions of the Act, ensure that persons arraigned under the Act are diligently prosecuted for all offences relating to the rights of children and vulnerable persons. Jude Igbanoi

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Judicial Independence: Revisiting Dissenting Judgements Ikechukwu Onuoma writes about Dissenting Judgements which are sometimes delivered in the Appellate Courts, and the need to commend those Justices who have given such Judgements, for their fortitude. He also talks about the possible reasons for Dissenting Judgements and what purpose they may serve

Dissenting Judgements Deserve Commendation dissenting judgement at the Court of Appeal, such as in the case of ODEDO v INEC (2005) 17 NWLR (Pt. 1117) is remarkable. But then more remarkable is the fact that it was upheld at the Supreme Court by another Majority Judgement in ODEDO v INEC (2008) 17 NWLR (Pt.1117) 554. This was at the peak of work pressure faced by our courts during pre-election and post-election era. This act imbued with fortitude deserves commendation for the following reasons; a. The sanctity and hallowed nature of the job done by the judiciary. b. The confidence reposed on the courts by the common man, which at the appellant level is comprised by more than one jurist. c. The place of court decisions in social engineering. Now most of us, I expect, would say that there is nothing remarkable about the fact that when a court comprising several judges decides a case, it is generally open to any judge to give a separate judgement explaining why he or she does not agree with the majority or with some aspect of their reasoning. This can be either a dissenting judgement properly so called—‘I would have allowed the appeal, not dismissed it’—or a concurring judgement—‘I would reach the same destination though I do not agree entirely about how the rest got there’. Are Dissenting Judgements disappearing from our Jurisprudence? This however, would appear to be fast disappearing in our legal jurisprudence. Could this be conservatism? How conservative is it to refuse to act in and through the givens of our historical moment? Such judgements are a common feature of judicial decision-making across the whole common law world and, of course, in the United States. But if we lift our eyes for a moment from the common law and consider other legal systems, we find that it is actually a comparatively unusual thing and requires the courage of Jurists in the free but responsible and independent exercise of their duties. Why are the common law jurisdictions different? It is tempting to think that our willingness to entertain the possibility of public disagreement among our judges actually derive from some fundamental difference in the nature of our societies. One might, after all, perhaps detect something of a positive correlation between the jurisdictions which routinely permit judicial dissent and jurisdictions which have long enjoyed the rule of law and political stability. But that would be a more sweeping claim than I am qualified to make. And anyway there are various other aspects of our systems of governance which do not permit open dispute in this way: members of the Cabinet, for example, are not expected to issue dissenting opinions if they get outvoted by their colleagues. Historically the Court of Appeal in England was only established in 1875 to replace an assortment of other appellate courts set up piecemeal earlier in the century. But there was, of course, a much earlier form of appeal, namely to petition the King in Parliament.

It went back to the 13th century. In these circumstances it is not surprising, going back to the 19th century, that the judges of the intermediate appellate courts in England and around the common law world took it for granted that their role involved each of them delivering an individual judgment, even if only to say ‘I concur.’ Thus we shaped the institution and it shaped our practice. Possible Reasons for Dissenting Judgements There are and have been, of course, exceptions. In criminal cases in England and Wales, the Court of Appeal is bound by statute to deliver a single judgment of the Court.( Senior Courts Act 1981, s.59). More fundamentally, there were those cases in which no appeal lay to the King in Parliament, because the place from which the appeal came (like the Isle of Man, for example) was not part of the Kingdom of England. Here, one petitioned the King in Council, in other words the King who in theory was advised (though in reality, except in the very distant past, was told) by the Privy Council how to dispose of the appeal. Another possible explanation for the prevalence of the dissenting opinion in the common law world relates to the career path of the typical judge(Hare Court Thomas Roe, 5 June 2015). On the continent of Europe, it is not uncommon to find men and women in their twenties who have joined the judicial pyramid from the base fresh from university and are, as it were, working their way up the pyramid, learning the ropes as they go. Judges in the common law world, of course, have often worked as lawyers in the private sector for many years before moving to the bench. Their personalities are likely, one might say, to have solidified long before they ever get to the bench. It is obvious which arrangement is less likely to produce judges who feel obliged to go along with what the others say. Purpose of Dissenting Judgements If those, then, are some reasons why we have dissenting judgments, the question still remains: what are they for? Should judges feel any inhibition about giving a dissent, and only do so if consensus proves impossible? Or is the right approach for a judge simply to set out his or her view and not to worry too much about what anyone else thinks? Oddly, for what one might think are rather important questions about the very nature of judicial office, there is not much guidance. Such views as I offer, I offer with an extreme diffidence born, among other things, of the fact that I am not a judge. I am, as it were, very familiar with the end product of their work, but not with the process. As for what dissenting judgments are for, there are at least two answers. One is simply that the possibility of dissent permits the judge to state honestly what he or she thinks of the case. A judge who dissents does

Hon. Justice Onnoghen, Acting CJN gave dissenting Judgement in the Buhari/Yar'Adua Election case

not necessarily have any particular agenda, but simply is not prepared to pretend to believe that the errors of the majority, are not errors. But a second answer is that in many cases, the judge who dissents hopes one day to change the law. An American who became Chief Justice once said, rather portentously, that a dissent is ‘an appeal to the brooding spirit of the law, to the intelligence of another day.’(C E Hughes, The Supreme Court of the United States (Columbia University Press, 1928), p68. One thinks perhaps of Lord Atkin’s celebrated 1942 dissent in Liverside v Anderson, [1942] AC 206. refusing to agree that the court was unable to review the reasonableness of the minister’s belief that the plaintiff was a ‘hostile’ person who could therefore be detained; and declaiming, in words which would end up in every public lawyer’s textbook, that ‘[i]n this country, amid the clash of arms, the laws are not silent.’ When should a Judge Dissent? So when ought a judge to dissent? The starting-point, I would say, is that dissents ought not to be entered into (as one says of marriages) lightly, or unadvisedly. The law is complicated enough. If it is really not necessary to dissent, then it is probably

"A JUDGE WHO DISSENTS DOES NOT NECESSARILY HAVE ANY PARTICULAR AGENDA, BUT SIMPLY IS NOT PREPARED TO PRETEND TO BELIEVE THAT THE ERRORS OF THE MAJORITY, ARE NOT ERRORS.....THE JUDGE WHO DISSENTS HOPES ONE DAY TO CHANGE THE LAW"

necessary not to do so. Certainly this is true of the concurring opinion along the lines, ‘I agree with the result but not the reasons.’ In a system governed by judicial precedent, like ours, it is not helpful to the rule of law for Judge 1 to say ‘I allow the appeal for reason A’, Judge 2 to say ‘I allow the appeal for reason B’ and Judge 3 to say ‘I agree with both judgments’ (or for that matter with neither of them). As the late Lord Bingham puts it, ‘whatever the diversity of opinion the judges should recognise a duty [...] to try to ensure that there is a clear majority ratio. See T Bingham, ‘The Rule of Law’ [2007] 66 CLJ 67 at69 . More practically, a court which strives to attain consensus on every point is likely quite often to be a ‘Gnostic Melodrama’. That is, indeed, verifiable if one tries to read, as we have the judgements of the Court of Justice of the European Union, in theory giving answers to questions about EU law from national courts. There, dissenting judgements are never permitted. One never knows for sure whether the decision was unanimous, or was clinched by a bare majority. But one often suspects that there has been a big effort to accommodate everyone’s views. Lord Neuberger, not altogether diplomatically, has said: One only has to look at some of the judgements of the [court] in Luxembourg to see how compulsory unanimity can result in decisions which (i) are incomprehensible, (ii) have internally inconsistent reasoning, (iii) do not answer the issue that has been referred, or (iv) manage to enjoy all these three regrettable characteristics.’Expedia Inc v Autorité de la Concurrence (Case C-226/11) [2013] 4 C.M.L.R. 14 Ikechukwu Onuoma Esq., Legal Practitioner, A. J Offiah & Co., Enugu. (Lagos office: CLIC PARTNERS)

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Understanding the Corporate Governance Not-For-Profit Sector Code 2015 Okpala Ikenna, in this article, brings some understanding and explains some of the benefits of the suspended Financial Reporting Council of Nigeria (FRCN) Corporate Governance Code for Not-For-Profit-Sector Organisations, including the need for some degree of regulation for such organisations, just like in the private and public sectors; he believes that the Code should be restored

Confusion Unleashed he suspended Financial Reporting Council of Nigeria (FRCN) Corporate Governance Code for the Not-ForProfit Organisations (NFPO) has raised a lot of tension within the polity. Jobs have been lost and saved, and the government pushed to act with immediate action rarely seen. The action of the government has further added to the confusion and speculations being peddled on the purpose of the regulation. This discourse is an attempt to understand the “offending” Code and address all the conspiracy theories. Is Christianity the Target? The Code is not targeted at crippling Christianity as many have speculated, but to mandatorily make all NFPOs more accountable to their members and donors, as well as be more efficiently governed to meet their objectives. NFPOs as provided under Article 7 of the Code include charities, religious, educational or professional, political, social and recreational bodies. So why are the Christians crying more than Muslims or even NGOs? Who is Afraid of the Code? The purpose of the Code is to enthrone good governance within NFPOs. Good governance in the context of NFPOS was defined as “a transparent decision-making process in which the leadership of a non-profit organisation, in an effective and accountable way, directs resources and exercises power on the basis of shared values”. So how does enthroning good governance within churches or other NFPOs impede the objectives of these bodies or their goals of “mission fulfilment, or beneficiary satisfaction and trust” as stipulated in the Code. Furthermore, even Article 3 of the Code points out the inherent dangers of not having a proper framework for NFPOs, or an effective fund monitoring system in this era of terrorism financing, unending succession battles and mismanagement of donor funds. The Root of Controversy The sudden resignation as General Overseer (or elevation to International Overseer) of Pastor E.A. Adeboye had given rise to the controversy which led to the suspension of the Code. The controversy surrounds the provision on leadership, succession and generational organisational structure of NFPOs. The major thrust of the code is to make NPFO leadership more accountable through a system of separation of powers and independence granted to some organs. The Code has provided for a flexible but a mandatory framework and

Chairman, FRCN Adedotun Sulaiman

governance practices, while allowing the use of very flexible nomenclatures of various NPFO. Under this framework, the organisational structures are to be such that the Board of Trustees or its members function as a moral compass for the attainment of the objects of the NPFO and not participate in the day to day operation. The governing board (which is akin to the Board of Directors) is to act as the principal governing body while

the Management Committee bears the burden of the management of the NPFO. However, the most far reaching and the most controversial seems to be the provision of Article 9 which makes it mandatory that the Leader or Founder of an NPFO cannot occupy or continue to occupy at the same time, the headship of the 3 leadership organs, but will have to choose one of such organs to head. A leader or founder who has oc-

"THESE PROVISIONS WOULD HAVE PREVENTED THE ABUSE AND MISUSE OF CHURCH FUNDS AND PROPERTIES BY RELIGIOUS LEADERS. IT IS NOT UNCOMMON TO SEE ACQUISITION OF PRIVATE JETS BY RELIGIOUS LEADERS FOR RELIGIOUS PURPOSES, AND SUCH JETS ARE LEASED OUT ON COMMERCIAL CHARTERS"

cupied the position of heads of the 3 leadership organs for more than ten years preceding the code or is 70 years old and above, shall be restricted to heading the board only. This provision will “ensure a clear division of responsibilities at the head of the organisation between the running of the governing body and the executive responsibility for the management and fulfilment of the organisation's mission”. Article 6 of the Code earlier mandates the adoption of formal institutional structures in place of one –person management system usually adopted at the start of NFPOs. Such structures would prevent the usual succession crisis which has polarised many NPFOs or even the handover of such NPFOs to another family member of the founder or the leader. Such founder or leader is mandated to be subservient to the formal structure and not ride roughshod over it. In the gale of controversy and misinformation that has trailed the Code, many commendable provisions have been overlooked or overshadowed by the power grab tussle of General Overseers. The Code has also made provisions for specialised officers, who are only answerable to the governing council to manage NFPOs just like directors in companies and with the same level of care expected of them. This will ensure better efficiency, and make NPFOs less of a family business as they appear The Code also provides that all proceeds of businesses or profit making ventures embarked upon by the NPFOs should be ploughed back into the attainment of the NPFO’s objectives as well as proper accounting systems being put in place. The same provision applies to the use of their properties. These provisions would have prevented the abuse and misuse of church funds and properties by religious leaders. It is not uncommon to see acquisition of private jets by religious leaders for religious purposes, and such jets are leased out on commercial charters. Even NGO operators are not held to account for the use of their funds and properties and thus there is no accountability whatsoever. Conclusion It’s a pity that the Code was suspended, but then a suspension is only temporary and it is hoped that the suspension is lifted as the NFP sector requires some degree of regulation, just like the private and public sector. From our brief expose, it is obvious that the Code will be highly beneficial to the NFP sector, and the controversy and misinformation it has generated is unnecessary and highly regrettable. Please restore the Code! Okpara Ikenna, Legal Practitioner, Managing Partner at Wallees and Tarrees Solicitors

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MY BRIEF BY SKB STEPHEN KOLA-BALOGUN

stephenkolabalogun@yahoo.com

Appointing Lawyers to Appellate Courts is Fraught with Danger

"Hubris"

he recent nomination of nine lawyers (six of whom are SANs - Senior Advocates of Nigeria) for possible appointment as Justices of the Supreme Court of Nigeria following an earlier request from the acting Chief Justice of Nigeria (CJN) Honourable Justice Walter Onnoghen asking the Nigerian Bar Association (NBA) to nominate its members for appointment as Supreme Court Justices, is in my view ill conceived, ill considered and fraught with many dangers that can only undermine the integrity and independence of the Judiciary. The mere fact that some of our senior lawyers have even ventured to apply is nothing short of “hubris” – better defined as overweening pride or arrogance, at the expense of our hardworking Judiciary many of whom have dedicated their lives to service on the bench. Lack of Judicial Experience To begin with, none of them have any experience on the bench, and the fact that most of them are SANs doesn’t necessarily mean they can add real value to our judicial system. Most of the lawyers shortlisted are successful private lawyers who have built up a vast array of commercial client bases and interests over the years, and it is not inconceivable that most of them will be severely conflicted as sitting Judges of either the Supreme Court or the Court of Appeal. (Note - The President of the Court of Appeal like the CJN has also made a similar request to the NBA to nominate its members for appointment as Court of Appeal Justices). In any case, what is the haste? Wouldn’t it be more ideal if we have a thorough and well thought out consultation process leading to substantive ideas for genuine reform? Need to Develop Circuit System Admittedly although there is a vast backlog of cases at both the High Court and Appellate Court, the level of our judicial system that needs to be cleared, what the country really requires is the need to develop a circuit system as presently operates in England and Wales and some other common law jurisdictions. A Barrister or Solicitor who sits as a part-time circuit Judge is referred to as a “Recorder”. Since 1971, the term Recorder has been used for part-time Judicial appointments in England and Wales, designed to give experience of Judicial office to those deemed not yet ready to become a full-time Judge. Significantly, it is now the practice to require all full time appointees to have had some part- time experience as Judges. Barristers or Solicitors of at least seven years standing, may sit in either the criminal or civil divisions of the English Courts. They are addressed by their usual title and in some rare instances, as your Honour, paid a daily fee and are expected to sit part-time as a Judge for between three to six weeks a year. Notably, retired Judges may also sit as Recorders. A similar system exists in Hong Kong, but the position of Recorder is usually restricted to Senior Counsels or Retired Judges and just as in England and Wales, they are expected to sit for between 1-3 months a year. The same applies in the USA/Canada, where part-time Judges hear misdemeanours, traffic violations and other petty criminal offences. Need to Relieve Over-burdened Judges It will be most ideal to introduce a similar practice here in Nigeria, to help relieve our over burdened Judges of their heavy work load. It would also provide ideal experience

Dr. Olisa Agbakoba, SAN

Anthony Idigbe, SAN

Awa Uma Kalu, SAN

Babatunde Fagbohunlu, SAN

Miannaya Aja Essien, SAN

Yunus Ustas Usman, SAN

for lawyers desirous of becoming Judges later on in their professional careers, but many of whom due to economic considerations, are not yet willing to make such a firm commitment. It would also provide some form of distinction for other senior and hardworking lawyers who are not qualified to become SANs and at the same time, are not ready to commit their professional careers to the Bench. Most importantly this system would help in eradicating corruption from the bench, since only committed judges would now aspire to join the bench full time. The system however, can only work in practice on a circuit basis, ideally within our six geo-political Zones. In other words, a lawyer practicing in Lagos will only be qualified to sit as a Recorder in a State away from his normal area of practice. For example, a lawyer practicing in Lagos may be sent to Ekiti to serve as a part-time Judge for about 3 months in the legal year before later returning to his legal practice. Such a practice would help minimise instances of possible conflicts of interest. They would also assist our over burdened Judges particularly with interlocutory applications and other pre-trial issues.

provided that they are not conflicted. All in all, this would be a much better practice to adopt instead of appointing senior lawyers directly to the Bench as appellate Judges, and as earlier indicated there is already precedent for this practice in other common law jurisdictions. In the past here in Nigeria, the practice was to elevate the best of our Magistrates to the High Court to help clear any lingering backlog of cases, but unfortunately standards have since dropped, and a fresh approach is now required.

acquired particular expertise over the years, but as earlier indicated only in a part-time capacity as is done in other common law jurisdictions. On the flip side, the body of SANs just like our Judiciary, is in dire need of reform. Our senior lawyers would be better advised to review and make better the mode of appointment of our SANs, rather than show undue ambition by adding extra feathers to their caps by sitting in our appellate courts without the necessary experience.

Benefit to Appellate Courts too A similar practice may also be of benefit at the appellate level of our Judicial system where SANs and other senior lawyers may provide assistance to the Courts as Deputy Judges,

Attempt to Re-invent Past Era? Some lawyers have argued that it was time again to re-invent the era when the likes of Late Teslim Elias and Late Augustine Nnamani (but to mention a few) who coincidentally were both Attorney- Generals of the Federation at different times, were appointed straight to the Supreme Court, with even Elias appointed as CJN. With profound respect this was a completely different era, when it was customary to have many talented Nigerians, many of whom were trained abroad, to fill the gaps left by the departing Colonialists. These times have long gone and with the abundance of talent trained either here in Nigeria or abroad, we have more than enough qualified Judges to fill any void in our appellate Court system. The experience of our senior lawyers could indeed be useful on the bench, especially in specialised areas of the law where they have

"THE SANS HAVE MADE THEIR CHOICE EARLIER ON IN THEIR PROFESSIONAL CAREERS. IF THEY WANT A CHANGE IN DIRECTION BY BECOMING JUDGES, THEY MUST SHOW THAT THEY HAVE THE RIGHT EXPERIENCE, WHICH AT THE MOMENT NONE OF THEM HAVE"

Need for Radical Reforms There is no doubt that there is a need for a series of radical reforms to improve the efficiency of our Judicial system, but whatever wide-ranging changes that are necessary to improve the delivery of our justice system, need to be carefully thought out and considered. Perhaps more importantly is the question- who should be in charge of the administration of our Justice system, bearing in mind the need to retain the independence of the Judiciary at all times. The Judiciary, by making direct reference to the NBA to fill voids in its appellate structure, may indirectly be eroding its independence. In the same vein, it is not about lawyers looking for a new challenge or motivation after making millions in legal practice, it is more about a call to service with the requisite and necessary experience. The SANs have made their choice earlier on in their professional careers. If they want a change in direction by becoming Judges, they must show that they have the right experience, which at the moment none of them have. A law or act establishing the part-time Judge will be one step towards garnering that experience without the need to jump the queue by landing directly in the Court of Appeal or the Supreme Court. In so doing, we will be developing a pragmatic approach, rather than a superficial approach to justice.

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Can SANs Ever Make it to the Supreme Court? In this article, Ahuraka Isah discusses the issue of the recent nomination and recommendation by the NBA to the Acting Chief Justice of Nigeria, of nine senior lawyers including six Senior Advocates, for appointment as Supreme Court Justices, and why he believes that they cannot make it to the Supreme Court Bench under the "2014 Revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria"

Recent Recommendation of SANs as Supreme Court Justices ecently, the Nigerian Bar Association (NBA) recommended nine senior lawyers to the acting Chief Justice of Nigeria for appointment as Supreme Court Justices. They include former NBA President, Dr Olisa Agbakoba (SAN), former Abia State Attorney-General and Commissioner for Justice, Prof Awa Kalu (SAN), Chief Anthony Idigbe (SAN), Yunus Usman (SAN) and Babatunde Fagbohunlu (SAN). Others are Miannaya Aja Essien (SAN), Prof Awalu Yadudu, Tajudeen Oladoja and Ayuba Giwa. This recommendation follows the directive of the acting Chief Justice of Nigeria (CJN), Hon. Justice Walter Onnoghen to the President of the Nigerian Bar Association (NBA), Mr. Abubakar Mahmoud (SAN), asking the NBA to nominate suitably qualified legal practitioners to apply for appointment as Justices of the Supreme Court. These actions, of course, are not without precedents. Section 231(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that a person shall not be qualified to become a Justice of the apex court unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years. 2015 Recommendations to the Supreme Court The immediate past NBA President, Augustine Alegeh (SAN) revealed on September 21, 2015 that the NBA had nominated some senior lawyers to the then CJN, Justice Mahmud Mohammed for appointment into the Supreme Court Bench. In the speech he delivered to mark the opening of 2015/2016 Legal Year, Alegeh said ‘’We are glad that our plea last year, that appointment of Justices to the Supreme Court should not be restricted to the Court of Appeal alone as has been the practice for some years now, in order to inject fresh blood into the Supreme Court Bench, has been heeded. Recently, the NBA recommended some of its members to the CJN for appointment to the Supreme Court’’. The NBA actually nominated John Olusola Bayesan (SAN) from Kwara and Prof Dakas CJ Dakas (SAN) from Plateau state for appointment to replace Justice John Fabiyi (Kogi) who was due to retire in November, 2015 from the Supreme Court Bench. Dakas graduated with First Class in law from University of Jos. And Bayesan is a distinguished legal practitioner. However, Justice Ejembi Eko of the Appeal Court who hails from Benue State, made it through the Federal Judicial Service Commission (FJSC)’s shortlisting and National Judicial Council (NJC)’s recommendation to the President for consideration into the apex court. This triggered NBA’s reaction, accusing the leadership of the Judiciary of deliberately obstructing the senior lawyers from being appointed to the Supreme Court bench. In the communiqué issued after its National Executive Council (NEC) meeting held in Jos on February 18, 2016, the NBA stated that ‘’NEC commended the CJN for amending the Guidelines for the appointment of Justices of the Supreme Court, to include appointments of deserving Senior Advocates of Nigeria. NEC notes that despite impeccable records and deep knowledge

Former Chief Justice of Nigeria, Hon. Justice Aloma Mariam Mukhtar

Former Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed

Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

of the law of NBA nominees, the final decision was based on the number of judgements. NEC urged the CJN to initiate a holistic review of the guidelines to accommodate lawyers. Of course, an average judicial officer can boast of ten times the number of judgements submitted by a highly rated senior advocate.

of the Commonwealth Countries at Wellington, New Zealand on Sunday 13 September, 2015 stated that in line with the new revised guidelines, the criteria and process for their appointment would be publicly declared when the seats become vacant. These criteria would ensure equality of opportunity for all who are eligible for judicial office and appointment on merit. "The commitment to higher ideals of impartiality, propriety, diligence and competence, among others, are no longer mere watch words, but are actual standards that our Judges have to attain." "It was clear that the old Guidelines and Rules had become unworkable as it saw anachronisms such as the limitation that saw only Justices of the Court of Appeal, as of right, making it to the Supreme Court of Nigeria. Under the new, more rigorous and transparent rules, any qualified legal practitioner with the requisite intellect, has the opportunity of making it to any Court in the land and even to the posts of Heads of Federal and States Superior Courts, including the Chief Justice of Nigeria." "As Chairman of the National Judicial Council, I have had to take up the responsibility of ensuring that the overall appointment procedure maintains the institutional integrity of the judicial appointment process, while ensuring that only the most competent persons are elevated’’, Justice Mohammed stated in New Zealand.

for taking the award of Senior Advocates of Nigeria (SAN). Therefore, what Alegeh requested for was akin to asking for a separate set of rules for the lawyers’ ascension to the Supreme Court Bench and a different one for the Judicial Officers, which would be unworkable. It’s like asking the Armed Forces to drop the "physical fitness" criterion for ‘’Commissioning of Officers’’ into the Army, in order for graduate civilians and other ranks of graduates (soldiers) to make it to the Short Service programme. Come to think of it, would the senior lawyers be prepared to commit class suicide in order to join the apex court? The senior lawyers in Nigeria take hundreds of millions naira from clients, especially with high profile cases. And this can happen multiple times in a year. And it is not possible to maintain such a legal business outfit while in the service of the Bench or even return to it after retirement from the Bench. Will Nigeria's super-rich Senior Advocates be able to cope on the Supreme Court Bench with the paltry take home pay per month? That’s in the event the NJC bends backward to bring in one or two for ‘test running’. CJN Mahmud Mohammed was more than determined to bring in one or two SANs into the apex court during his time. Barely a week after his New Zealand speech, the then NBA President Alegeh told the world in his 2015/2016 Legal Year speech of September 21, 2015 that some judges still sell judgements. Justice Mohammed who took exception to this remark, perhaps he felt that it was not the NBA, whose members gave birth to the Bench, that ought to make such remarks. The Judiciary went further to say that ‘’it takes two to sell and buy judgements’’, the NBA, of course was either into buying of Judgements or knew the buyers. That really dampened the morale of one of the greatest proponents of the said 2014 Revised NJC Guidelines doctrine in the person of Hon. Justice Mohammed; which has caused NBA problems in getting there. One only hopes the Bar has learnt its lesson. We have had Law Professors and PhD holders that joined the Bench at the courts below and rose by a dint of hard work to the Supreme Court. What stops the Senior Advocates from applying to join the Bench at the courts below? Perhaps, it’s their ego. Ahuraka Yusuf Isah, Media Aide to former Chief Justices of Nigeria, Hon. Justice Aloma Mariam Mukhtar (GCON) and Hon. Justice Mahmud Mohammed (GCON)

2014 Revised NJC Guidelines Shortly before she retired in November, 2014 as the Chief Justice of Nigeria, Hon. Justice Aloma Mariam Mukhtar had initiated and signed into law the ‘’2014 Revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria’’. Hon. Justice Mukhtar who could not commence the implementation of the guidelines before she retired, noted in a forum that the purpose of the new guidelines was to stop Judges relying on mere seniority in the system for promotion onto higher Bench. Immediate Past CJN, Hon, Justice Mahmud Mohammed While replying Alegeh’s NBA, CJN Mahmud Mohammed said “On assumption of office as the CJN, I directed the NJC to implement the new Revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria 2014; and they have strictly been observed in all appointments to all the superior courts so far made’’ “Rule 3 (6) of the Guidelines is unambiguous, because it stipulates that the judicial officer’s appointment to a higher bench be determined among other requirements on the number of judgements delivered”. The provision stated unequivocally thus, “and in the case of appointment from the Bar, evidence of 6 contested cases in the last 5 years; (ii) sound knowledge of law, (iii) seniority at the Bar and or the Bench, (iv) Federal Character or geographical spread and where necessary and possible, without compromising the independence of the judiciary or allowing politics to permeate or influence the appointment”; Hon. Justice Mohammed told Alegeh that it would also take the camel to pass through the eye of the needle, for the President to bring in a CJN from outside the Supreme Court Bench, as long as NJC and Section 231 (1) of the 1999 Constitution exist. One must first become a Justice of the Supreme Court before he or she is appointed the Chief Justice of Nigeria. CJN Mahmud Mohammed had in a brief remark he made during the meeting of the Chief Justices

No SAN can become Supreme Court Justice under Revised Guidelines The question is, can any Senior Advocate of Nigeria make it to the Supreme Court Bench even under the Revised Guidelines? Of course, the answer is no. And there is no way the Guidelines could be reviewed without considering the number of judgments delivered or secured by the applicants, be it a lawyer or Judicial Officer. It has been one of the requirements

"THE QUESTION IS, CAN ANY SENIOR ADVOCATE OF NIGERIA MAKE IT TO THE SUPREME COURT BENCH EVEN UNDER THE REVISED GUIDELINES? OF COURSE, THE ANSWER IS NO"

TUESDAY, ͺ͹˜ ͺ͸͹Ϳ ˾ T H I S D AY

TUESDAYSPORTS

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

2 0 1 7 N PA L A G O S P O LO

Lagos La Mansuri, Ibadan Oluyole Open Hostilities in Low Cup Race for the prestigious Majekodunmi Cup starts Wednesday After an enthralling first week capped by the emergence of Leighton Kings and STL 57 as champions of the Open Cup and Silver Cup respectively, the final week of the 2017 NPA Lagos Polo International Tournament begins today with Lagos La Mansuri and Ibadan Oluyole galloping off proceedings in the medium-goal Low Cup. Other fixtures of the day in the tournament which has GTBank as main sponsor will see Lagos Balmoral International slugging it out with Kano Hago while Kano Nakudu and Lagos United battle for supremacy in the last match of the day. A record 12 teams comprising seven Lagos teams are participating in the Low Cup while three teams from Kano and two from Ibadan complete the list. Aside the home teams that are scheduled for action on Tuesday, Lagos Petrosmith, Lagos Eat N’ Go, Lagos Lintex and Caverton Sao Polo are the other home teams competing. Kano Agad and Ibadan Eleyele are the visiting teams. The 12 teams are divided into four leagues of three teams with league winners progressing to the semifinals. League 1 has Lintex, Petrosmith and Eat N’ Go while Agad, La Mansuri and Oluyole will jostle for the sole ticker in League 2.

Caverton Sao Polo, Balmoral and Hago are the teams in League 3 and League 4 has Nakudu, Eleyele and United. Low Cup holders, Caverton Sao Polo look good to defend their title successfully with a balanced quartet of Seyi Oyinlola (0), Rotimi Makanjuola (+1), Abdulrahman Mohammed (+3) and 2016 MVP, Ahmadu Umar (+3). They are however likely to face a strong challenge from Balmoral who will feature Luqman Adebayo (+1), Mohammed Dangote (-1), Kwame Isa (+3) and a yet to be announced two-goaler. The prestigious Majekodunmi Cup will start on Wednesday with Lagos Fifth Chukker confronting Kano Keffi Ponys. Newly-formed Lagos Centaurs are the other team in the high-goal event. Centaurs will be formed by Bode Makanjuola (+1), Bashir Dantata (+3), Leroux Hendriks (+5) and Tom De Bruin (+7). Keffi Ponys have Ahmed Wadada (+1), Bello Buba (+4), Santiago Astrada (+6) and Alfredo Bigati, an Argentine six-goaler who will be playing in Nigeria for the first time. Lagos Fifth Chukker is made up of Babangida Hassan (+3), Adamu Atta (+3), Santiago Cernadas and Manuel Crespo, a seven-goaler voted as the Majekodunmi Cup MVP in 2016.

2,500 Athletes Vie for Laurels at Nigerian Navy Games Olawale Ajimotokan in Abuja The Nigerian Navy has said that it will parade a strong contingent of 2,500 athletes from all its naval formations at the 11th Nigerian Navy Games scheduled for Uyo, Akwa Ibom State from February 26 to March 4. The Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas, at a media briefing at the weekend, said that the games were consistent with the Navy’s policy of using sports to build the mental and physical fitness of its personnel to man the ships for sea and ashore duties. Admiral Ibas similarly said that the Navy which participated in the Indian Navy Regatta in December last year, intended to use the events for talent hunt for Nigeria for the African Games (formerly All Africa Games) in Equatorial Guinea in 2019 and the forthcoming Armed Forces Games. He spoke through his representative, Naval Chief of Administration Rear Admiral Henry Babalola. According to him, all the commands, including the Western, Eastern, Naval Training Commands and Naval Headquarters Command are expected at the games. Each command will be represented by 250 athletes and officials. They will compete in 17 sports

at the weeklong festivity. The events include athletics (track and field), badminton, basketball, boxing (men), chess, football (men) golf, handball, judo, scrabble, squash racket, table tennis, taekwondo, tug of war, tennis, volleyball and wresting. The three other aquatic sports; swimming, sailing and kayak were held two weeks ago in Lagos, according to the Director of Sports Nigeria Navy, Commodore Suraju Bello. Admiral Ibas lauded the wisdom of Akwa Ibom government to gracefully accept to host the games in 10 secondary schools across the three senatorial districts of the state, adding the facilities will make the state a force in the country in the years ahead. He added that the Nigerian Navy which in 1974 took the first practical steps when it organised sports championship for the Navy Week celebrations, hoped to use the games to produce great athletes for Nigeria in the mould of Nojeem Maiyegun, who won Nigeria’s first Olympic medal at the Tokyo Olympic Games in 1964 in the light middleweight category and Warrant Corporal and Training Instructor Gilbert, who was also at the 1964 Games and second All Africa Games in 1973 as a member of the Nigerian boxing team.

Lagos STL 57 celebrating their triumph in the Silver Cup of the 2017 NPA Lagos International Polo Tournament…last weekend. Hostilities begin today in the final week of the tournament

CAF CHAMPIONS LEAGUE

Zamalek, El Merreikh Oppositions for Rangers, Rivers Utd Femi Solaja Nigerian league champions, Rangers International FC have been drawn to face last year’s losing finalist, Zamalek FC of Egypt in the next stage of the CAF Champions League while Rivers United FC will tackle El Merreikh FC of Sudan. The fresh pairing also means Rangers will return to North Africa for another battle against hostile weather and partisan crowd after scaling the JS Saoura of Algeria challenge on a superior

away goal rule. Rangers were held to a scoreless draw in Enugu last Sunday but progressed because of the edge of one-all draw a week earlier away. Rangers will travel to Cairo for the first leg match on March 10 with the return leg in Enugu on the 17th of same month. River United, still basking in the euphoria of 4-0 hammering of AS Real Bamako of Mali in the opening round will host El-Merreikh of Sudan the same weekend as Rangers and the return leg a week

later in Khartoum. Should both teams secure passage against their respective opponents, they will qualify into the money spinning group stage of the competition which is in league format of four teams in two groups. Meanwhile, Rangers have received a cash boost after they advanced to the first round of this year’s CAF Champions League at the expense of Algeria’s JS Saoura. Team Officials announced yesterday that instead of a proposed $190 per player as travel allowance

to Algeria, each player will now be paid $730, while officials and coaches will be paid $1,000 each. The players will also each receive N50,000 as match bonus for the Champions League tie. Other pairings for the next stage of the competition include; Étoile Sportive du Sahel of Tunisia will take on Association Sportive de Tanda of Morocco while defending champions, Mamelodi Sundowns of South Africa will host Kampala City Council of Uganda. Ahly Tripoli of Libya will host Fath Union Sports FC.

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

Man City Faces Monaco Moment of Truth A hotly anticipated staging post in Manchester City’s Pep Guardiola era arrives today when Monaco visit the Etihad Stadium in the first leg of the Champions League last 16. The second match of the day is between Leverkusen and Atletico. Guardiola was appointed to take City to the next level on the European stage and he has already masterminded a stirring

3-1 win over his former club Barcelona in the group phase. But Monaco have been rampant this season, powering to the Ligue 1 summit with a tally of 76 goals that is unsurpassed in Europe’s five major leagues, and Guardiola is keenly aware of the danger they pose. “My impression against Monaco and from what I’ve seen is they’re a really strong team,” he said recently

of Leonardo Jardim’s side, puffing out his cheeks for effect. “They score a lot of goals, they are physical. We have to go to the gym in the next days!” Guardiola and his assistant Mikel Arteta watched Monaco’s game at Paris Saint-Germain last month, when a 92ndminute equaliser from Bernardo Silva rescued a 1-1 draw. Another Silva equaliser secured

another 1-1 draw in Monaco’s last outing, at Bastia on Friday, but in the main they have encountered scant resistance in the French top flight this season. Monaco have averaged 2.92 goals per league game, scoring four or more on no fewer than 10 occasions, and have already prevailed on English soil, winning 2-1 at Tottenham Hotspur in the group stage.

South West SWAN Backs Lagos Decision on Mitchell Obi The South West Forum of the Sports Writers Association of Nigeria (SWAN) after its emergency meeting in Lagos on Saturday said it disagrees with the action of the National SWAN President, Honour Sirawoo, who unilaterally denied a veteran sports journalist, Mitchell Obi, endorsement to re-contest as

President, AIPS-Africa. A communique released on Sunday by the forum, condemned the action in its entirety. “The committee reads: “Losing the seat does not serve the best interest of the Sports Writers Association of Nigeria (SWAN) as a body and Nigeria

as a nation. “The forum condemns the fact that the National Executive Committee as a body and organ of SWAN was not officially involved in the process of screening and denial. “The forum affirms that Mitchell Obi is a well-recognised sports journalist, dully registered

with the Nigeria Union of Journalists (NUJ) and SWAN with a highly reputable track record of practice and mentorship for young professionals. “And condemns any attempt from any quarters to diminish and discredit his professional status and contributions,’’ declared the forum.

T H I S D AY TUESDAY FEBRUARY 21, 2017

Tuesday February 21, 2017

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“We have done everything to get these approvals and cannot continue to wait again because we have the constitutional right to invoke and proceed with these projects. First you noticed that the Yankari Game Reserve which is today in Gombe State was formerly a National Park. But, it was not in the interest of the state government to continue as a national park, so they reverted it to a game reserve.” – Cross River State Commissioner for Water Resource, Mr. Gabe Odu Orji threatening that the state government may be forced to annex the National Park if the federal government continues to dilly dally on the Environmental Impact Assessment (EIA) needed to kickstart construction work on its signature super highway and deep seaport projects.

TUESDAY WITH REUBENABATI abati1990@gmail.com

I Want to Go to London… to See Buhari

hen 15 million plus Nigerians voted for President Muhammadu Buhari in the 2015 General elections, their expectation was that he would be available to serve them 24/7/365, and that those who fielded him as their candidate had done their home work to avoid what is curiously becoming the Katsina problem in Nigerian politics. Katsina! But we have now found ourselves in a situation whereby our President is now in London, for more than one month sir, ma, and we are here, and we have an acting President, who according to everybody, including the extremists and the mischievous, and the politically partisan, is beginning to try his best, with his admirers, now praying for the worst. For that reason alone, we have an emotionally, politically and spiritually divided country on our hands. Don’t mind what they tell you, and don’t deceive yourself, the Nigerian Presidency is in turmoil. It is not our wish. It is not what the voters asked for. But that is how democracy works. You cannot predict the results that democracy produces. Not even in America. Or Russia. Now that we have found ourselves in this situation, anyway - an absentee President trying to remain relevant and an acting President struggling to put up appearances, and struggling harder not to be seen to be ambitious (sorry, Prof. I was your student but I have something to say sir, I don’t mean any harm – truth be told), where should the Nigerian people stand? For the past one month, we have all been trapped in a post-truth situation, pretending as if all is normal. We should stop pretending. Those who supported and are supporting the APC that brought President Muhammadu Buhari to power and office cannot talk. They cannot talk due to embarrassment and shame. They are busy putting up a face. But for how long can they do this? The Nigerian media is also on its knees, looking so pitiable, with the exception of a few blogs, newspapers that we can’t even trust, professional media consultants who are in disarray, a few bloggers and then some gentlemen: Pa Ikhide, Farooq Kperogi, Sonala Olumhense, Omoyele Sowore, Pius Adesanmi and Okey Ndibe who have since been specially illuminated as they journeyed to Damascus. I will return to this subject some other day. But I think right now, we should begin to take the subject of the absence of President Muhammadu Buhari more seriously. Bukola Saraki, our Senate President has visited him in London, twice, within two weeks. I don’t think we should leave this business of visiting the President to party chieftains, the executive and the Federal Legislature. If care is not taken, Senator Saraki may be tempted to visit the President again next week. And the week after and he may even be tempted to travel with all the members of the National Assembly. There must be equity in this matter. Figure it out as follows: we all know that President Buhari is now in London and he is the man Nigerians chose as their President in 2015. We cannot forsake him. He is in

President Muhammadu Buhari London on working leave, for more than one month now, and we don’t know when that leave will end. We have been told it will end soon. Later. One day. Whenever. We are not God. Let the leave end when it will. But we, the people, have a duty to stand by our President. This is the point of this article. We are Africans. We have traditions. We respect elders. We don’t joke with old age. The time has come, right now, for Nigerians to behave like Africans. We should therefore, not leave this business of visiting to Senator Busola Saraki alone. Party chieftains have visited Mr. President. The leadership of the National Assembly has also gone to London to be part of President Buhari’s working leave. I think Vice-PresidentActing-President Yemi Osinabjo should also visit his boss, this week, next week, or ASAP. Henceforth, he should be in London at least once a week. Let us stop pretending that the President is not in charge. He is. If Aso Villa is now in London, let us make it work. The Acting President and the real President need quality face time. If the acting President must go to London everyday, let him do so, but don’t let us run Nigeria by telephone or DHL Am I making sense? I am not talking about common sense. I mean real sense. So, do I make any sense at all? After the Acting President’s visit, all former Presidents should also start going to London to see the President. Those former Presidents are not as harmless as they pretend to be. They are projected to the public as advisers but they are more than that: they all left something in Aso Villa that makes them eternally powerful. It is like leaving your DNA in a woman’s body. They should be allowed or perhaps encouraged to visit President Buhari while he is on working leave. I think our Baba in Abeokuta, Ota and Ibogun should be the first to visit. That may negate the order of seniority, but trust the Ebora Owu to return from London with front-page news! After him, the others can start visiting and probably advise on the possibility of holding a Council of State meeting in London. As it were, the

Nigerian Constitution does not insist that the Council of State Meeting must be held inside Nigeria. The main subject of that first historic, diaspora, Council of State Meeting should be phrased by OBJ in his own unique way: “Momodu: are you well or sick?” There is something called the separation of powers. I don’t want to disrespect mi’lords but I think they too should go to London. The National Judicial Council (NJC) should put together a high-powered delegation of judges from every part of the country, from all divisions, and level, to proceed post-haste to London to visit, no, to confer with President Buhari on matters of judicial interest to the nation. But Sirs, don’t go there and talk about the welfare of judges, or the non-payment of your entitlements - if you try that, well, I won’t be in a position to tell you what awaits you on your return. You know mi’lords, as well as I do, that the law in Nigeria is now being made to look truly like an ass! After the judges, okay may be the Nigerian Bar Association should also send a delegation, but I don’t trust many of our lawyers. They think they know the law, and they could go to London and say things that will disrupt the President’s working leave. To make that impossible, members of the NBA should be booked on an Arik flight to London, please. But if they get there, fine. The next delegation should be that of Permanent Secretaries. These ones should spend more than a week in London with the President. In fact, they can stay with him till he returns. If they also have medical issues, they should use the opportunity to ask for tests, with the condition that they must return immediately the President leaves London, notwithstanding the status of their own medical tests! Once the Permanent Secretaries have been fully accommodated in London, the Ministers, those who were once dismissed by their own employer as “noise-makers”, and who have proven to be no better, should also visit London. They can go ahead and make as much noise as they wish in London and even enjoy the benefit of a full Federal Executive Council Meeting. I suspect that this will be a particularly productive FEC meeting. If the people in the Foreign Affairs Ministry know what they are doing, however, they would arrange ahead of that meeting in London, a special meeting with Theresa May, Prime Minister of Great Britain, followed by a dinner with Her Majesty the Queen of England, with a proviso, please, please, please, that nobody should bring up the issue of Biafra or Southern Kaduna after shaking the Queen’s hand, and there should be a strict guarantee that President Buhari will be accompanied by his extremely beautiful wife, Aisha, and he will not, meeting the Queen, no matter how excited, make the mistake of referring to “za oza room”. Stop laughing, my friend; this is how you people cause problems for innocent writers. What I am now trying to add having made all these points above, is that the Governors’ Forum should also visit President Buhari in

London. The Governors have already signified their intention to do so and that seems to be fine with the Nigerian public. The Governors should therefore appoint representatives who should proceed to London. When they meet with the President, they should hold a special prayer session with three prayer points: one, that President Buhari will not work for another person to come and eat; two: that the demons of Aso Rock will spare and forgive him and his family; three: that President Buhari will return to Nigeria with his two feet. The Governor to lead the prayer should be Peter Ayo Fayose of Ekiti State. If he starts sounding as he has been sounding in recent times, Nasir el-Rufai should be asked to take the microphone from him. And if Nasir sounds like he is playing politics, as he has been doing, Adams Oshiomhole who will like to be there anyway, as a Governor ex-officio, should be given the microphone and asked to pray for the President as best as he can or as best as Trotsky could. I have left out some people. In the past month, some Imams and ulamas and concerned relatives have been reported in the media, holding prayer sessions for a hale and hearty President who is just in London to enjoy the weather and do some quality check-ups, private and public. These prayer warriors have prayed and prayed in Abuja, Daura, Borno and everywhere else. The matter is so serious that nobody should be surprised if Rochas Okorocha or James Ibori organizes a prayer session for Muhammadu Buhari. This is the biggest business in Nigeria at this moment. I think, therefore, that we should also encourage the ulamas and the imams to visit. Let them go to London and pray for their President. We have been told they have been sending prayers through skype, whatsapp and the air, the same channels that GSM service providers in Nigeria now want to block. Let the imams go to London then and let the verses of the Holy Quoran rain down. It will be unfair not to allow Christian leaders to go to London too. They are also anxious to go to London. Pastor Tunde Bakare, my beloved, secondary school senior should lead that team. His job should be to screen out any Pastor with Biafra, or Southern Kaduna or pro-PDP blood in him or her. I mean Pastors like Reno Omokri, Ebun Adegboruwa…. you get what I am saying? The prayer should be commissioned! Traditional rulers, bloggers, public intellectuals, trolls, and journalists! Oh, I almost forgot. I think we should also be invited to London to have tea with the President. I volunteer to lead that team but if I am considered unpopular, since they say I am not one of them, let @ikhide, @akaebube, or @dejiadeyanju, @realFFK, or @YeleSowore, be the team leader. But please, make sure we have on that list, @lindaikeji, @ SDimokoKORKUS, @emepretty1, @bellanaija, @omojuwa, @ChiomaChuka, @AbangMercy, @toyeenb, @MrStanleyNwabia and… and… My friend, STFU! I am not planning a special episode of #bbnaija. I just want to go to London and see …my President.

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