FG to Review Military Rules of Engagement Tobi Soniyi in Abuja Acting President Yemi Osinbajo yesterday in Abuja said that government would progressively review the rules of engagement by the military and across the nation’s
security system, and take into considerations human rights issues. A statement issued yesterday by his spokesman, Mr. Laolu Akande said Osinbajo made the promise during a meeting with members of the United
Nations Security Council who are on a visit to the country. Osinbajo also said it was time for the international community to take another look at the international legal instruments and conventions governing warfare and
conflicts in the light of the very unconventional and brutal operations of terrorists and insurgents around the world. He said: ”We must, on a global scale, look again at how to deal with these new challenges. We need to look
at the governing conventions, what type of legal categories, recognition of law we should give them (to the perpetrators of terror and insurgents). “We need to re-examine how to deal with these individuals according to law.”
He said that the government’s Social Investment Programme (SIP) including the conditional cash transfer, the micro credit scheme and the N-Power Continued on page 10
N'East Crisis is World's Largest, Most Neglected Region, Says UN Security Council...
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All is Set, Says Govt as Abuja Airport Closes at Midnight Today Police, air force provide air surveillance, security personnel, sniffer dogs to man Kaduna-Abuja Road Abuja runway renovation to cost N5bn, but only Ethiopian Airways will take a risk on Kaduna Train shuttle to be provided, helicopter flights to and from Minna Olawale Ajimotokan, Dele Ogbodo, Paul Obi in Abuja and Chinedu Eze in Lagos Air travellers to Abuja en route from Kaduna have nothing to fear about their safety, the federal government said yesterday, explaining that adequate security arrangements had been made to ensure seamless transit arrangements from the ancient
northern city to the Federal Capital Territory (FCT). Air traffic to Abuja are to be diverted to the Kaduna Airport from tomorrow, following the closure of Nnamdi Azikiwe International Airport, Abuja, at midnight tomorrow for six weeks to pave the way for the rehabilitation of its runway. Air passengers, especially Continued on page 8
Former Adamawa Governor, Ngilari, Jailed Five Years for Corruption Sani Daji in Yola In the first high profile corruption ruling secured by the Muhammadu Buhari administration, a High Court in Yola, Adamawa State, yesterday sentenced a former governor of the state, James Bala Ngilari to five years
imprisonment without the option of fine. He was found guilty of corruption charges brought against him in September last year by the Economic and Financial Crimes Commission (EFCC). Continued on page 8
PEACE TRAIN BERTHS IN EDO... Plot to Truncate Lagos State's Take over THE L-R: Oba of Benin, Oba Ewuare II; acting President Yemi Osinbajo; Minister of State for Petroleum, Dr. Ibe Kachikwu; and Edo State Governor, Mr. Godwin Obaseki, during Osinbajo’s visit to Edo State as part of the federal government's peace talks with of National Stadium Uncovered... Page 13 stakeholders in the Niger Delta... yesterday
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PDP Staff Snub Sheriff, Say They Cannot Resume Work Cite safety concerns, unlawful acts Onyebuchi Ezigbo in Abuja Full time employees of the Peoples Democratic Party (PDP) have given reasons why they cannot return to their duty posts despite the reopening of the national secretariat by the court-reinstated national chairman of the party, Senator Ali Modu Sheriff. They said they would only resume work at the national secretariat as soon as either the decision of the Court of Appeal is fully complied with as regards the composition of the National Working Committee (NWC) of the party, a political solution is reached, or the case on the leadership
crisis is conclusively decided at the Supreme Court. The staff, numbering 127, addressed a press conference in Abuja yesterday where they said that the environment was not secure enough for them to perform their duties. Apart from safety concerns, they said they were taken aback to find out that the judgment of the Appeal Court was being implemented in the breach by Sheriff, and that he had handpicked those working with him on processes that are alien to the PDP constitution. The Director of Administration at the PDP headquarters, Alhaji Gurama Bawa who read out the
position of the staff, lamented the ordeal the workers had faced in the wake of the leadership crisis, during which demonstrators and protesters violently chased them out of the offices. â&#x20AC;&#x153;Following the judgment validating the National Convention by the FHC (Federal High Court) in Port Harcourt, members of staff were requested to resume duty in May/June, 2016. They did so. â&#x20AC;&#x153;In the few days we reported for work, we were harassed and intimidated by demonstrators and protesters. We were violently chased out of the offices, many had to
run away leaving their personal belongings which we understand have now been vandalised by unknown persons,â&#x20AC;? he said. He said members of PDP staff were not desirous of resuming work after having been made victims of problems they never caused, and were concerned about their safety. He said that the fact that Senator Sheriffâ&#x20AC;&#x2122;s leadership currently consists of only three of the reinstated NWC members, this implies, he added, that it lacks the required quorum to carry on with the activities and functions of the party. According to Gurama, the
only three NWC members as of May 21, 2016 that were working with Sheriff and remain with him are Prof. Adewale Oladipo (National Secretary), Alhaji. Bala Buhari (National Treasurer) and Alhaji. Fatai Adeyanju (National Auditor). â&#x20AC;&#x153;With the recent appeal to the Supreme Court by the Makarfi leadership, the Board of Trustees has written a strong protest letter to the Inspector General of Police against the re-opening of the secretariat to avoid breakdown of law and order, a situation which again highlights the danger that staff will be exposed to if they resume duty as directed.
â&#x20AC;&#x153;This, notwithstanding, when the acting National Chairman, Senator Ali Modu Sheriff resumed duty, we were taken aback to find out that the judgment of the court was being implemented in the breach,â&#x20AC;? he said. Gurama gave example of persons supposedly handpicked to serve as national officers of the party to include, Dr. Cairo Ojugboh, currently officiating as Deputy National Chairman and Hon. Bernard Mikko from the Southsouth geopolitical zone who now operates as the acting National Publicity Secretary as against Chief Olisa Metuh who is from South-east.
the Kaduna airport terminal building had been completed, adding that much work had been done to ensure smooth operations. He said over N5 billion would be expended on the runway rehabilitation at Abuja, adding that the ministry has provided a dedicated website (www.abujaairportclosure.info) to update airport users on the operations at Kaduna during the period. Ethiopian Airline, the minister said, was the only foreign airline that expressed its readiness to fly the airport so far, but he expressed hope that more airlines would key in and operate from the airport. Also, the Kaduna airport manager of the fire department, Abubakar Danladi Shebe told THISDAY that the department was fully prepared for international flights and heavy traffic that would take place at the airport from March 8. He said that FAAN has deployed additional fire tenders to the airport, adding that before today, the fire service at the airport would have an additional 57 personnel. â&#x20AC;&#x153;We are preparing to make sure we meet set targets for March 8. We have effective cover for bigger aircraft that may start arriving from that date,â&#x20AC;? Shebe said. When THISDAY visited the Kaduna airport, work had been completed on the Instrument Landing System (ILS) and the Voice Omnidirectional Radio (VOR) range to ensure they are in working condition for the additional services to be provided by the Nigerian Airspace Management Agency (NAMA). The Kaduna airport manager, Amina Ozi-Salami told THISDAY that the runway,
which is over three kilometers in length, was in good condition and the airfield lighting had been rehabilitated for landing of aircraft in the night. â&#x20AC;&#x153;We, right now have a Category 9 status. The Kaduna airport is ready for flights, which will start from March 8, 2017,â&#x20AC;? she said. It was also observed that the Kaduna State Government has opened roads connecting the airport to the railways station so that passengers can access the railway station with ease.
Minna, which is closer to Abuja than Kaduna and takes about 25 minutes by helicopter. For interested passengers, Bristow will be offering special flight services from Lagos to Minna and from the Niger State capital it would shuttle passengers by helicopter to the Abuja airport. The company in a statement said: â&#x20AC;&#x153;Bristow Helicopters (Nigeria) Limited will continue to offer its Lagos-Abuja fixedwing charter service via Minna Airport during the closure of the runway at Abuja airport. â&#x20AC;&#x153;Commencing 8 March 2017, Bristow will operate a daily flight from Lagos to Minna utilising an Embraer 135 aircraft with 37 seating capacity. â&#x20AC;&#x153;At Minna airport, Bristow will operate a helicopter shuttle service to and from Abuja airport for its customers.â&#x20AC;? Bristowâ&#x20AC;&#x2122;s Head of Business Development, Mayowa Babatunde stated: â&#x20AC;&#x153;After several safety and operational reviews, we are pleased with the state of the runway and conditions of the Minna airport located in Niger State, North-central Nigeria. â&#x20AC;&#x153;We will use Minna to continue the provision of seamless charter air travel to Abuja for corporate and business organisations. We want to assure our clients of a continuous impeccable flight service for which the Bristow brand is synonymous.â&#x20AC;? From the Minna Airport, Bristow will provide helicopter shuttle services to the VIP wing of the Abuja airport. Two Bristow helicopters, a Sikorsky S-92 and S-76, with the capacity to fly 19 and 12 passengers, respectively, will provide shuttle services between Minna and Abuja airport.
ALL IS SET, SAYS GOVT AS ABUJA AIRPORT CLOSES AT MIDNIGHT TODAY foreigners, citing the restive nature of Kaduna and its environs, had expressed concern about their safety moments after government issued the closure notice last year. But the federal government at a joint press conference yesterday held by the Inspector-General of Police (IG), Mr. Ibrahim Idris, and four ministers, gave firm assurances to the public that the security arrangements it had put together was sufficient to secure all routes leading to Abuja from Kaduna. At the conference with the IG were the Minister of Transport, Hon. Rotimi Amaechi; Minister of State for Aviation, Senator Hadi Sirika; Minister of Information, Alhaji Lai Mohammed; and Minister of Works and Housing, Mr. Babatunde Fashola. The IG unfolded the comprehensive security plan, which included air and ground surveillance by the police as well as military air cover to be provided by the Nigerian Air Force. He said the police air wing would also provide helicopter surveillance that will cover the Kaduna Airport and the Kaduna-Abuja Road. The IG, who said he just conducted an assessment tour of the roads leading to the airport, plus the train station at Idu in Abuja, assured local and international travellers of their safety, saying that all the various special units of the Nigeria Police, including the Police Mobile Force had been mobilised to make the exercise successful. In addition, Idris said that sniffer dogs would also be part of the security architecture, which will see armed police
escorts accompanying travellers from Kaduna to Abuja. He added that security check points will be set up at every 5km of the road while policemen will be stationed on every 2.5km stretch of the road where travellers will also be screened. Idris said the police force has enough capacity and capability to carry out efficient surveillance on the road, the rail line and air during the six weeks closure of the Abuja airport. The IG said: â&#x20AC;&#x153;On the whole, our deployment on the ground is perfect because we have the various units of the Nigeria Police Force in charge of specialised units. â&#x20AC;&#x153;We have the force Explosive Ordinance Department (EOD); we have the force animals in charge of dogs; we have the patrol team and the mobile force as well as the air wing. As I stated, all the units are deployed fully on the ground.â&#x20AC;? tps://ssl.gstatic.com/ui/ v1/icons/mail/images/ cleardot.gifThe Nigerian Air Force also said yesterday that it will increase its surveillance along the Abuja-Kaduna Road. Director of Public Relations and Information, Nigerian Air Force, Group Captain Ayodele Famuyiwa, told THISDAY that the air force was doing all it could to provide efficient security services. He said the air force, as part of the security committee, had been mandated to provide adequate security for the period. Famuyiwa said: â&#x20AC;&#x153;The committee has been set up and the air force is part of it. Itâ&#x20AC;&#x2122;s a joint effort involving all the security agencies. â&#x20AC;&#x153;The air force is working with other security agencies to provide security along the
Abuja-Kaduna axis. It is tasked with providing air patrol along the Abuja-Kaduna highway.â&#x20AC;? He stated that the air force has done this in the past, adding: â&#x20AC;&#x153;We will intensify our efforts on surveillance. We will increase the number of air patrolmen.â&#x20AC;?
Train Shuttle to the Rescue The Minister of Transportation, Amaechi, said government has concluded arrangements to provide free train transportation service for Abuja bound passengers to and from Kaduna. He said the train services would be rearranged to suit the flight schedules at Kaduna airport, adding that trains would be coming from Kaduna instead of the current arrangement. He said the Kaduna airport runway was in perfect shape, explaining, however, that the air conditioning and ceiling facilities were yet to be completed as of Friday when the federal government team led by the acting President Yemi Osinbajo inspected the airport. Amaechi said from what was done, the work was nearing completion and the contractor had promised to deliver it before today. Also speaking, the Minister of State for Aviation, Sirika, pleaded with air travellers to bear with the government on the closure of the Abuja airport, explaining that the decision to shut it down for rehabilitation was for the safety of all.
â&#x20AC;&#x2DC;Kaduna Airport is Readyâ&#x20AC;&#x2122; According to Sirika, part of
Bristow Shuttle from Minna In addition to the train and bus shuttles to be provided by the federal government, Bristow Helicopters has moved its fixed wing service from Abuja to Minna instead of Kaduna, with a dedicated helicopter service from Minna to the VIP tarmac at the Abuja airport. The company operates Embraer 135 special fixed wing flights from Lagos to Abuja and would start operating the Abuja helicopter flight to and from Minna from Wednesday. THISDAY tried to find out from Bristow how much it would charge to airlift passengers from Minna to Abuja, but the airline said it could not publish the fares because it would be against Nigerian Civil Aviation Authority (NCAA) regulations, explaining that it was not a scheduled airline operator. Although the Federal Airports Authority of Nigeria (FAAN) assured that there would also be an helicopter shuttle service from Kaduna to Abuja airport, but so far only Bristow Helicopters has indicated interest in the service, but would be operating from
FORMER ADAMAWA GOVERNOR, NGILARI, JAILED FIVE YEARS FOR CORRUPTION The court presided over by Justice Nathan Musa ruled that the prosecution had proved beyond reasonable doubt that Ngilari violated the Public Procurement Act of the state by awarding contracts for the procurement of 25 vehicles for his commissioners at the cost of N167 million without following due process. He said Ngilariâ&#x20AC;&#x2122;s action amounted to executive lawlessness. Justice Musa said that the five years were the least he could give Ngilari, whose lawyer, Mr. Samuel Toni (SAN) pleaded for leniency â&#x20AC;&#x153;in view of his (Ngilari)
invaluable contribution while he was the governor of the state during the trying moments of insurgencyâ&#x20AC;?. Justice Musa said that Ngilari would serve the sentence in a prison of his choice in the country â&#x20AC;&#x153;but for now he should start with the Yola prisonâ&#x20AC;?. Musa said the judgment would serve as a lesson to other governors who like to shun due process in the award of contracts, adding that the former governor sat in the confines of his office and awarded the contract to a contractor who was known only to him (Ngilari) without adhering to the Public
Procurement Act of the state. â&#x20AC;&#x153;It is my hope that this conviction and sentence will serve as deterrent to serving governors,â&#x20AC;? he said. The judge also acquitted the former Secretary to the State Government, Mr. Andrew Welye and Former Commissioner of Finance, Mr. Sunday Lamurde, who stood trial with the former governor on the same offences. The judge said the prosecutor could not prove the case against them. Lawyers to Ngilari said their client would appeal the sentence. However, the ex-governor
who succeeded Governor Murtala Nyako in 2014 after the latter was impeached and is also facing corruption charges, was taken away from the court by prison officials. Speaking to journalists shortly before he was whisked away to Yola prison, Ngilari said that he would appeal the sentence, expressing confidence that he will get justice at the Appeal Court. Also speaking at the premises of the Yola High Court shortly after the verdict, the state Commissioner for Information and Strategy, Mr. Ahmed Sajoh expressed sadness that a former
governor of the state was being taken to prison because he was not properly advised by his aides. He said that judgment, from a legal perspective, made history due to the fact that this was the first time in Adamawa State a former governor was being sentenced to prison for corruption. Sajoh said the judgment should serve as a warning to serving governors and political office holders that they could be called to answer for their stewardship when the need arises and they could go to jail if found wanting.
TOP GAINERS NGN NGN NESTLE 62.58 691.00 FORTEOIL 2.63 54.50 AIICO 0.03 0.63 CONTINENTAL 0.05 1.06 VITAFOAM 0.09 1.98 TOP LOSERS NGN NGN SEVEN-UP 9.00 86.00 DANGCEMENT 11.29 149.26 HONEYWELL 0.05 0.95 CAP PLC 1.48 28.12 DIAMONDBANK 0.04 0.78 HPE Nestle Nig Plc N691.00 Volume: 128.160 million shares Value: N1.473 billion Deals: 2,978 As at yesterday 06/03/17 See details on Page 32
% 9.9 5.1 5.0 5.0 4.7 % 9.4 7.0 5.0 5.0 4.8
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Atiku, Mark, Bello, Others Mourn Onukaba’s Tragic Death His remains buried Onyebuchi Ezigbo in Abuja, James Sowole in Akure and Yekini Jimoh in Kogi It was a sad day for many in the media and the political space, when news filtered in yesterday morning that veteran journalist and onetime governorship aspirant in Kogi State, Dr. Onukaba Adinoyi-Ojo, had lost his life under very tragic circumstances while travelling from Abeokuta to Abuja. Expressing shock over his untimely death were former Vice-President Atiku Abubakar, former Senate President, Senator David Mark, Kogi State governor, Yahaya Bello, and several others who were saddened to hear of his passing. Onukaba, who passed away just four days before his 57th birthday, was killed late Sunday while trying to escape a robbery attack along the Akure-Ilesha Road. The incident, THISDAY learnt, happened at Ero village, near Igbaraoke in Ifedore Local Government Area of Ondo State. According to findings, Onukaba, who was travelling from Abeokuta, where he had attended the 80th birthday celebrations of former President Olusegun Obasanjo at the weekend, was riding in the company of friends in a Highlander Toyota SUV. “When they got to Ero, near Igbaraoke, they saw a long queue of vehicles and thought it was a police check point. “Onukaba alighted from the vehicle. But when he saw that motorists were being robbed, he and others tried to run into the bush. “Then a VW Golf car that was trying to escape the robbery scene from the Akure end of the road lost control and slammed into him (Onukaba) as he fled for safety. “The driver of the vehicle sped off without stopping. “The incident happened between 8.30 p.m. and 9.00 p.m.,” a source said. THISDAY gathered that the remains of the victim were initially deposited at the State Specialist Hospital, Akure. The late Onukaba lost his first wife, Rachael, about five years ago and is survived by three children. When contacted, the Police Public Relations Officer of the Ondo State Command, Mr. Femi Joseph confirmed the incident, describing it as
unfortunate. Joseph said the command had begun investigations into the incident. He also disclosed that the remains of the deceased had been released to the family. The axis where Onukaba was killed is one of the hot spots on the Akure-Ilesha Road, as robbery incidents take place there with regular frequency even in broad daylight. A top official of First City Monument Bank (FCMB), Akure, Mr. Sola Abe, was on February 24 killed in the area after he was kidnapped along with his driver on their way to Lagos. The late Abe and the driver were said to have been taken into the bush where he was shot dead. According to sources, the late Onukaba was buried in his ancestral home, Oboroke-Ihima in Okehi Local Government Area of Kogi State, in accordance with Islamic rites at about 5.30 p.m. yesterday. His burial followed special Islamic prayers presided over by the Chief Imam of Ebiraland Alhaji Musa. The burial was attended by dignitaries, relations, friends, colleagues and government officials, including the Director-General of the Bureau of Information and Youth Mobilisation in Kogi State, Alhaji Abdulmalik Abdulkarim. Reacting to his passing, Atiku, in statement described the late Onukaba, who once served as his media aide, as shocking and painful beyond words. The former vice-president, who knew Ojo for nearly three decades, described his former spokesperson as an irreplaceable asset, who was loyal and reliable until the very last day. “Onukaba was at my house just on Friday,” Atiku said. “He visited me just before travelling out of Abuja. I had no idea that it was the last time I would ever set eyes on him.” The Turakin Adamawa recalled Ojo’s relationship with him over the past few decades, as a journalist covering the aviation sector; as the man who penned his popular biography; as the man who was an indispensable member of his media team; as the man who became his political protégé; and as the man who boldly spoke the truth to him always.
“Onukaba had little concern for material things,” Atiku said. “He was a pure intellectual, motivated only by a desire to give the best that his brains had to offer.” The former vice-president added that an entire book of thousands of pages would be needed if he were to say everything that he thought and felt about his long-time friend, “now gone forever”. “May God grant his family in particular his children the grace they need to go through this toughest of times,” he said. Senator Mark also described the death of Onukaba as devastating. He noted that the late journalist was a patriotic Nigeria who worked and believed in the sanctity of the unity and peace of the nation. He recalled his contributions especially to the literary community and submitted that the late author was one of the brightest and fertile minds in the contemporary history of Nigeria. According to him, “It is sad to note that Onukaba is no more. He was such a lively gentleman who was passionate about the economic and socio-political development of the nation. “His dream was to see an egalitarian society and a new Nigeria, where every citizen will be free to pursue his or her legitimate ambition without fear of molestation
or intimidation in any part of the country. “Unfortunately, death denied him the opportunity. But one thing is sure, his dream lives on.” The former Senate President urged the media to sustain the legacies Dr. Onukaba, anchored on truth, integrity, honesty, equity and hard work, “which he brought to bear while plying his trade to build a better Nigeria”. He also enjoined his immediate family, the government and people of Kogi State to take solace in the fact that Onukaba lived an eventful life worthy of emulation. In his tribute, Kogi State governor described the death of the late Onukaba as a great loss to the people of the state and the nation in general. A statement issued yesterday by the Chief Press Secretary to the governor, Mrs. Petra Akinti Onyegbule, said: “Dr. Onukaba was a rare gem, a sound mind and a technocrat per excellence. He will be sorely missed for his kind-heartedness. “He has done things definitely worth writing about and written things worth reading, and as such can never be forgotten in the coming generation.” Bello said he would remember the departed for his “good character, intellectual sagacity, embedded candour, manifest brilliance, literary fecundity and unflinching
love for the progress and development of the state that made him aspire to the highest political office in the land”. He added that Onukaba would be remembered for charging the people of the state to rally behind him (the governor) to achieve total redemption and progress for the state on all frontiers. “Dr. Onukaba lived a fulfilled life of grace, integrity, selflessness and dutiful service to mankind,” he stated. Bello charged his family, friends and admirers to take solace in the fact that he lived his life to the fullest and left an indelible mark in the sands of time, adding, “death can kill good people, but it cannot kill their good name”. Also speaking on the untimely passing of Onukaba, a former acting governor of Kogi State, Chief Clarence Olafemi said the nation had lost a great man. Speaking with newsmen in Lokoja, Olafemi stated that the news of his death was like a dream, describing the veteran journalist as somebody that was focused and determined when he was alive. Also speaking, a former deputy governor of Kogi State, Yomi Awoniyi said his loss was one too many for the state to contend with. Awoniyi described the late Onukaba as a refined journalist and politician who championed the struggle for a brand new Kogi State. While praying to God to grant the soul of the deceased eternal rest, Awoniyi also asked God to grant the family he left behind the fortitude to bear the loss. The late Onukaba was born on March 9, 1960 in Oboroke-Ihima, Okehi Local Government Area of Kogi State to the family of Mallam Shuaibu Onukaba and Hajia Aisha Onukaba. He obtained his first degree in 1982 in Theatre Arts from University of Ibadan. He served his national youth service at Radio Nigeria, Ikoyi, Lagos from 1982-83. After his youth service, he joined The Guardian newspaper as one of its pioneer reporters in 1983 and rose to the position of News Editor before travelling abroad in 1989 for graduate studies. As an aviation correspondent, Onukaba made his mark when he broke the story of the 53 suitcases filled with cash
the process of passing a North-east Development Commission Bill that would deal with some of the long term developmental issues. The United Nations Security Council members were led by the United Kingdom’s Permanent Representative to the UN, Ambassador Mathew Rycroft. The delegation consisted of all the five
permanent members and the ten non-permanent members of the council. Speaking earlier at the meeting, Ambassador Rycroft praised the Nigerian government for its handling of the humanitarian challenge in the North-east, and called for a long term developmental outlook in the region, addressing the issues of
good governance, human rights, women’s participation, economic revival, education and jobs. Some members of the Federal Executive Council and top officials of the administration that attended the meeting included the Minister of Defence, MajorGeneral Mansur Dan-Ali (rtd.); Minister of Foreign Affairs; Mr.
Onukaba Adinoyi-Ojo
that were allowed into the country through the Lagos airport under the General Muhammadu Buhari military regime in 1985. The deputy comptroller of Customs at the time was Atiku Abubakar who raised the alarm. After he departed Nigeria, Onukaba bagged a Master’s of Arts degree in Journalism from New York University, and subsequently worked as a research officer at the African Leadership Forum, New York. Onukaba also served as the Information officer, Division of Coordination of Humanitarian Affairs, United Nations Operation in Somalia (UNOSOM) between 1994 and 1995. He then obtained his Doctor of Philosophy degree in 1996 from New York University and became an Adjunct Professor of Mass Communication at the School of New Resources, College of New Rochelle, New York in 1997. Between 1997 and 1998, he worked as Press Officer, Department of Public Information, United Nations. In June 1998, he was sent to Iraq as an Information Officer, United Nations Office of the Humanitarian Coordinator. Upon his return to Nigeria in 1999 to participate in the present democratic dispensation, his sterling qualities and ability to succeed caught the attention of Atiku, who appointed him as his Special Assistant, Media Relations. He had known and was closely related to both Atiku and Obasanjo since 1984. Onukaba got to the peak of his journalism in August 1999 when he was appointed Managing Director/Chief Executive Officer of the then ailing Daily Times of Nigeria Plc. He worked tirelessly to reposition the Daily Times and make it attractive to investors. The company was eventually privatised in 2004. Onukaba returned to the presidency as Senior Special Assistant, Public Communications to Atiku between July 2003 and April 2005. In 2015, Onukaba threw his hat into the ring to contest the Kogi governorship race on the platform of the All Progressives Congress (APC), but lost the primary to the late Prince Abubakar Audu, who died before the governorship election was concluded.
Geoffrey Onyema; Minister of Budget and National Planning, Senator Udoma Udo Udoma; Minister of Water Resources, Mr. Suleiman Adamu; Minister of State for Environment, Alhaji Ibrahim Jubrin; National Security Adviser (NSA), Major General Babagana Monguno (rtd.); and the Chief of Defense Staff, General Gabriel Olonisakin.
FG TO REVIEW MILITARY RULES OF ENGAGEMENT job programme, would cater to the developmental needs of the North-eastern part of the country affected by the insurgency. He said government was already disbursing the cash transfers in some Internally Displaced Persons' (IDP) camps and host communities. He said government was also implementing a micro
credit scheme, using the SIP to resuscitate the local economies, including through the anchor borrowers’ plan for farmers. He urged the international community to support Nigeria in the area of humanitarian response, describing the challenge as massive. He disclosed that the government was also in
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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
Banks Begin Compliance with Directive on FX Teller Points CBN sustains dollar supply, sells $367m Ndubuisi Francis, James Emejo Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; Ă&#x2039;Ă&#x2DC;Ă&#x17D; Obinna Chima Ă&#x201C;Ă&#x2DC; Ă&#x2039;Ă&#x2018;Ă&#x2122;Ă? Some commercial banks have heeded the Central Bank of
Nigeriaâ&#x20AC;&#x2122;s (CBN) directive on the opening of teller points for retail foreign exchange transactions, THISDAY investigations have shown. The CBN had said the new
Shell Shuts Down 225,000bpd Bonga Deepwater Field for Maintenance Ejiofor Alike Shell Nigeria Exploration and Production Company Limited (SNEPCo) has shut down the Bonga deepwater oilfield and commenced turnaround maintenance, executing statutory activities that will ensure continuous optimum operations at the field. The turnaround maintenance involves inspections, recertification, testing and repair of equipment as well as engineering upgrades with Nigerian companies and subsea professional playing key roles. The routine maintenance will take off a significant chunk from Nigeriaâ&#x20AC;&#x2122;s crude oil exports, as SNEPCo produces close to 200,000 barrels per day in the 225,000 barrels per day capacity Bonga field, which it operates under Production Sharing Contract (PSC) with the Nigerian National Petroleum Corporation (NNPC). A major focus of the maintenance is the Bonga Floating, Production, Storage and Offloading (FPSO) vessel, which is at the heart of Bonga operations. Bonga FPSO has the capacity to produce 225,000 barrels of oil and 150 million standard cubic feet of gas per day. Bonga FPSO, which has a life-span of 20 years, was shut down for six weeks in February 2011 for maintenance. However, the Managing Director of SNEPCO, Mr. Bayo
Ojulari, said in a statement yesterday that the current maintenance of the field was the fourth since the Bonga field began production in November 2005.  â&#x20AC;&#x153;The exercise will help ensure sustained production and reduced unscheduled production deferments. For the Bonga team, this is another opportunity to excel, having won the â&#x20AC;&#x2DC;Asset of the Yearâ&#x20AC;&#x2122; Award 2016 in the Shell Group, followed by runners-up in Norway and Malaysia. We are pleased that the award recognised the continuing collaboration towards optimum production with a focus on safety, cost and Nigerian content development which will be invaluable in the maintenance work,â&#x20AC;? Ojulari added. Shell Nigeria spokesman, Mr. Bamidele Odugbesan, said production from the field was shut down on March 4, 2017, and is expected to resume at the conclusion of the exercise next month. Located in Oil Prospecting Licence (OPL) 212, the 60-squarekilometre field is situated in water depths of over 1,000 metres. Bonga is Nigeriaâ&#x20AC;&#x2122;s first deep-water development and is located 120 kilometres offshore Nigeria. With a development cost to first oil of about $3.6 billion, Bongaâ&#x20AC;&#x2122;s production facilities comprise one of the worldâ&#x20AC;&#x2122;s largest FPSO vessels and deepwater subsea infrastructure.
Dabiri-Erewa Advises Nigerians to Shelve Non-essential Travel to US Alex Enumah Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The Senior Special Assistant to the President on Foreign Affairs and Nigerians in Diaspora, Hon Abike Dabiri-Erewa, has advised Nigerians who have no compelling or urgent reason to travel to the United States to postpone their travel plans until the Trump administrationâ&#x20AC;&#x2122;s policy on immigration is clearer. Dabiri-Erewa gave this advised yesterday  in a statement made available to journalists in Abuja. The statement signed by her Special Assistant on Media, Abdurrahman Balogun, noted that the warning became imperative due to series of reports received by the office of the SSA. Part of the statement read, â&#x20AC;&#x153;In the last few weeks, the office has received a few
cases of Nigerians with valid multiple-entry US visas being denied entry and sent back to the Nigeria. Â â&#x20AC;&#x153;In such cases reported to the office, such affected persons were sent back immediately on the next available flight and their visas were cancelled.â&#x20AC;? Â Dabiri-Erewa added that â&#x20AC;&#x153;no reasons were given for the decision by the US immigration authorities. The presidential aide said that the statement â&#x20AC;&#x153;is only to advise Nigerians without any compelling or essential reasons to visit the US to consider rescheduling their trip until there is clarity on the new immigration policy. She, however, reminded Nigerians in the Diaspora to abide by the rules and regulations of their host countries and be good ambassadors of the Nigeria wherever they are.Â
directive was a reaffirmation of its willingness, capability and determination to meet FX demand in the market. Some of the commercial banks branches visited in Abuja yesterday to assess the level of compliance with the directive had already created special points for FX transactions as well as electronic display boards to show current FX rates. However, officials of some banksâ&#x20AC;&#x2122; branches visited around the Asokoro area of Abuja expressed ignorance of the central bankâ&#x20AC;&#x2122;s new directive. When asked if his bank had complied with the new directive, a senior official in one of the second generation banks said his branch was not aware of the directive. He said it was the headquarters of the bank
that should preoccupy itself with handling such directives, adding that the directive he was familiar with was the one mandating commercial banks to create FX sales points at airports to attend to travellersâ&#x20AC;&#x2122; FX needs. He, alongside a female colleague, said the banks needed some time to comply with the latest directive. In issuing the new directive, the CBN said the initiative was aimed at easing access to buying and selling of FX at all locations as well as easing access by customers and other users, without any hindrance. The CBN on Sunday also directed all commercial banks to process and meet the demand for travel allowances (PTA/BTA) by end-users within 24 hours of such applications. THISDAY investigations
showed that although some of the banks within the Federal Capital Territory (FCT) had electronic monitors for FX rates, they posted insufficient information on rates. For instance, while some of them displayed only their selling rates without the buying rate, others showed the rate at which they were buying but not selling. THISDAY further observed that most of the banking halls visited had only a few customers conducting FX transactions. In a related development, the central bank yesterday sustained its intervention in the FX market, when it provided another $367,134,329.93 in forwards sales. A breakdown showed that $144,073,753.07 was for 45 days forwards, while $223,060,576.86 was for 60 days. However, the naira traded
between N455 and 460 to the dollar at some parallel market points in Lagos. The CBN acting Director in charge of Corporate Communications, Isaac Okorafor, confirmed the release, adding that the move was in line with the Bankâ&#x20AC;&#x2122;s determination to ease the FX pressure on various sectors through forward sales under the new flexible regime to keep the market liquid. The CBN recently introduced new FX measures, which among other things, are aimed at easing the burden of travellers and to ensure that transactions are settled at much more competitive exchange rates. The central bank had also directed all commercial and deposit banks to open FX retail outlets at major airports as soon as logistics permit.
SHOWCASING MADE-IN-ABA
DG/CEO, SMEDAN, Dikko Umaru Radda; Deputy Senate Leader and representative of the Senate President, Bala Ibn Naâ&#x20AC;&#x2122;Alla, Governor of Abia State, Okezie Ikpeazu; and Chief Facilitator of Made-in-Aba Trade Fair, Senator Enyinnaya Abaribe, at the opening of the fourth Made -in-Aba Trade Fair in Abuja.... yesterday
House Câ&#x20AC;&#x2122;ttee Summons Adeosun, Malami for Non-payment of $86m to Law Firm over Paris/London Club Refund Damilola Oyedele Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The Minister of Finance, Mrs. Kemi Adeosun, the Attorney General of the Federation (AGF), Mr. Abubakar Malami and the Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, have been summoned to appeared before a House of Representatives Committee, for the failure to pay $86million to the law firm which allegedly facilitated the recovery of the $3.189 billion of Paris and London Club funds. They are expected to appear before the Committee on Public Petitions today to explain alleged diversion of the 10 per cent funds due to the firm, Edwards and Partners, based in Nigeria and
the United States. The firm had petitioned the House of Representatives after an intermediary effort by the Office of the AGF, in late January and early February 2017, failed to yield results. The petition dated February 27, 2017, was signed by the Managing Partner, Mr. Ted Edwards, and titled: â&#x20AC;&#x2DC;Petition Against Mrs. Kemi Adeosun, Minister of Finance, and Godwin Emefiele, Governor of the Central Bank of Nigeria (CBN), for unlawful, fraudulent, malicious connivance to divert our legal fees to the Nigerian Governorsâ&#x20AC;&#x2122; Forum which will result in international, embarrassment to Nigeria.â&#x20AC;? The petition, which would
be heard by the Hon. Nkem Abonta-led committee, read: â&#x20AC;&#x153;Our law firm was retained by the Board of Incorporated Trustees of the Association of Local Governments of Nigeria (ALGON BoT), to assist, manage and coordinate with other professionals, the recovery of approximately $3.189billion of Paris Club related illegal deductions from amounts standing to the credit of the 774 local governments areas of Nigeria in the Federation Account by the federal government. â&#x20AC;&#x153;Our brief was successfully concluded with judgment and garnishee order absolute secured for ALGON representing the 774 local
governments areas and the consultant for its fees in Suit number FHC/ABJ/CS//130/13 while we got our judgment and garnishee order for our legal fees in suit Number FCT/HC/ CV/1545/2015.â&#x20AC;? â&#x20AC;&#x153;In the judgment and garnishee order absolute for our legal fees, the CBN, and finance ministry were mandated by the court as follows: â&#x20AC;&#x153;Plaintiff is entitled to be paid at source as a first line charge 100 per cent of any recovery or proceeds are paid to the local governments directly trough their state governments, through any organ of government whether state or federal or through any of their agents or agencies.â&#x20AC;?
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NEWSXTRA
Plot to Truncate Lagos State Takeover of National Stadium Uncovered Groups opposing Lagos are only interested in land around the facility Gboyega Akinsanmi Indications yesterday emerged that the National Assembly might stop the federal government’s bid to hand over the National Stadium in Surulere to the Lagos State Government if the plot by some powerful groups saile through. A federal lawmaker, who did not want his name mentioned, disclosed that some powerful business interests and political actors had already hatched a
plot to terminate the process of the expansive sports facility to the state government. The lawmaker revealed that the plot would start with a motion, noting that a lawmaker had been briefed and detailed to move a motion against the plan “to transfer the stadium to the state government at a plenary of the House of Representatives today. He, therefore, condemned the plot to abort the process of handing over the sports facility,
which he said, had become completely an embarrassment to the country. The lawmaker disclosed that those working against the interest of Lagos State “have already mapped out a comprehensive plan to compel the Minister of Youth and Sports, Mr. Solomon Dalung, to stop the process of handing over the sports facility the state government.” He revealed that some powerful interests, who had
Onnoghen to Be Sworn in as CJN Today The Acting President, Prof. Yemi Osinbajo, will swear in Justice Walter Onnoghen as the 17th Chief Justice of Nigeria (CJN) today The ceremony, which would hold at the council chambers of the Presidential Villa in Abuja, according to The Cable, would commence by 9a.m. An indigene of Cross River State, Justice Onnoghen is the only CJN from the southern part of the county in 30 years. President Muhmmadu Buhari appointed him in acting capacity on November 10, 2016 when
Mahmoud Mohammed, his predecessor, retired. The delay of Buhari in transmitting his name to the Senate for confirmation had sparked controversy, with many accusing the president of ethnic bias. Abubakar Dangiwa Umar, former military governor of Kaduna State, had urged the Senate not to confirm any nominee apart from Onnoghen. However, Buhari instructed Osinbajo to send Onnoghen’s name to the Senate – two days to the expiration of his tenure as acting CJN.
But the senate could not consider the request because it was on a three-week recess. The National Judicial Council (NJC), which had nominated Onnoghen for the position, re-nominated him on February 9 – a day before the expiration of his three-month tenure. He was confirmed by the Senate last Wednesday. It is not clear if Onnoghen would be decorated with the national honour of the Grand Commander of Order of the Niger (GCON) as customary with the inauguration of CJN.
been seeking to take over the stadium on concession or Public Private Partnership (PPP), were taken aback when the plan “to hand it over to Lagos State came to the public knowledge.” The source said these interests were not satisfied with Dalung for leading the state Governor, Mr. Akinwunmi Ambode, to inspect the facility, which the sports minister described as a national disaster. He added that the interests had lobbied some lawmakers in the House of Representatives “to stop the process of handing over the stadium. A motion to stop the process will be moved today. The motion has been prepared, and a lawmaker has been detailed to move it accordingly.” The lawmaker explained that the same set of people worked against the Lagos State Government when it initiated the plan “to take over the Tafawa Balewa Square (TBS) during the administration of former President Olusegun Obasanjo. Had it been TBS was handed over to Lagos, the square would have been completely revamped and transformed by now.” He, therefore, lamented
those working against state from taking over the national stadium did not have a clear plan “to revamp and redevelop it for optimal outcome.” The lawmaker noted that the powerful interests “are only targeting the parcels of land within and around the national stadium. They do not have any plan to really redevelop the facility,” which he said, had been completely abandoned and dilapidated. After moving the motion, the lawmaker disclosed that the sports minister would subsequently be invited for questioning, which he said, had been pre-arranged “to stop the state government from taking over the facility. “But the plan will not be allowed at all. It will be unjust and unfair to stop the process and deny the state government from taking over the facility within its territory. The federal government has already handed over Kaduna Stadium to the Kaduna State Government. “The federal government also handed over Enugu Stadium to the Enugu State Government and Calabar Stadium to the Cross Rivers State Government.
Why should the case of Lagos be different? Nigeria does not belong to one section alone. We will fight it out.” Dalung had last week, while inspecting the national stadium, lamented the dilapidated condition of the stadium, describing as a national disaster and calling for comprehensive action to reposition the stadium and return it to its pride of place. He had inspected the sports facility alongside the state governor, the President of the Nigeria Football Federation (NFF), Mr. Amaju Pinnick, and other top government functionaries. After the inspection, penultimate Monday, the sports minister decried the dilapidated condition of the national stadium which he described as a national embarrassment and stressed the need to transform the sports facility to its pride of place in the world of 21st century. He noted that transforming the sports facility would require the commitment of a passionate stakeholder like the Lagos State Government, which he said, had expressed readiness “to reposition the national stadium and return it to its pride of place.”
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T H I S D AY TUESDAY MARCH 7 2017
COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
WORK ON THE CORNER
Rogers Edor Ochela argues that the police raid on the premises of the Peace Corps of Nigeria is unfortunate
T
he spontaneous condemnation that greeted the arrest and detention of the National Commandant of the Peace Corps of Nigeria (PCN), Dr. Dickson A. Akoh and his 47 officers has indeed proven to the whole world that the onslaught against the corps was simply an over-reaction. At least, if Akoh or his organisation has committed any offence, the security agents can invite him for questioning and as a gentleman, he will honour the invitation, and which he has been doing. It would be recalled that Akoh and his officers were abducted on Tuesday, February 28, 2017 around 11:30pm at the new corporate headquarters of the corps situated opposite Jabi Lake, Abuja, after the unveiling of the new office, an event that was beamed live. In trying to justify what millions of Nigerian youths regard as calculated attempt to silence their leader, Akoh and his men were accused of committing several infractions against the laws of the land. According to an adage, lies told repeatedly, if not corrected, overtime assumes the status of truth in the minds of unsuspecting members of the public. It is for this reason that I feel constrained to respond to some of the misconceptions woven around PCN with a view to setting the records straight. It is laughable to say that the arrest of Akoh and his men was an attempt to halt and rid the country of illegal and unlawful security outfits constituting threat to national security. Nothing can be further from the truth! PCN has never claimed to be or acted as a security outfit. The pertinent question to ask the accusers of PCN is: how does a legal entity duly registered with the Corporate Affairs Commission (CAC) constitute a security threat? If the nation’s security agencies can invest half of the overzealousness it used in pouncing on the officials of the PCN, then kidnapping, armed robbery and other related crimes threatening the foundation of Nigeria would have become history in Nigeria today. To further add salt to injury, those who decided to play Pontius Pilate over PCN went to the ridiculous extent of saying that the corps flag and beret have resemblance with that of The Gambia and officers on UN mission respectively. In what way is resemblance in colour a crime? In a case reminiscent of giving a dog a bad name in order to hang it, the traducers of the PCN said that intelligence reports had it that the corps was acquiring weapons and conducting covert military training in different parts of Nigeria. The question to ask (and answer) is: was any weapon found when security operatives conducted search on the headquarters of the corps? The answer, of course, is a resounding NO! The truth is that anytime the corps is embarking on training of its personnel, it usually invites DSS, Police and Ministry of Youth at the state level and other relevant stakeholders to its training camps as observers and to ensure that the process complies with laid down rules. This training is usually held in either in the federal or state government institutions. To also say that subversive groups and terrorists have infiltrated the corps is another cheap lie that is not worth dignifying with any response. Similarly, the allegation of extortion of money from applicants leveled against the corps remains just that---a mere allegation. This is an
IT IS LAUGHABLE TO SAY THAT THE ARREST OF AKOH AND HIS MEN WAS AN ATTEMPT TO HALT AND RID THE COUNTRY OF ILLEGAL AND UNLAWFUL SECURITY OUTFITS CONSTITUTING THREAT TO NATIONAL SECURITY
allegation that the police and ICPC have investigated in the past and given the corps a clean bill of health. At this juncture, it is necessary to tell the world that in a report of police investigation into the activities of the PCN dated April 25, 2008, which was signed on behalf of the Deputy Inspector-General of Police, Force Criminal Investigation Bureau by Shehu Babalola, the then Commissioner of Police in charge of Administration, the Nigeria Police Force exonerated the PCN from any form of shady deal. Part of the report read: ‘’Since its 11 years of existence (1998—2004) it has operated in 26 states and the FCT, the Corps as an entity has not been involved in any shady deals or any anti-social or subversive activities that constitute any security threat.’’ What more can we say? It is on this clean record that the corps under Dickson Akoh’s leadership has been operating till date. It is indeed confounding that anyone could suddenly wake up to brand an organisation that has been operation for the past 18 years as an illegal entity. Happily enough, a high preponderance of Nigerians are not on the same page with the accusers of the corps on this issue. It is pertinent to state here that probably enamoured of the success story of the PCN, both the United Nations and African Union had granted it a Special Consultative Status under their Economic and Social Councils (ECOSOC). It is heart-rending that instead of appreciating the enormous sacrifices that Akoh had made in empowering Nigerian youths, a cardinal responsibility that successive governments have shirked, this illustrious Nigerian is being harassed, hounded and humiliated. In civilised parts of the world, the likes of Akoh are eulogised for their patriotism in giving the monster of youth unemployment a good fight. What majority of Nigerians find irksome is that this is happening at a time a bill for an act to establish the Nigerian Peace Corps to give the corps statutory backing had been passed by the National Assembly and awaiting presidential assent. It is either that the accusers of the corps are being economical with the truth or standing honesty on its head when they averred that the corps has no right to wear uniform. On this issue Dr. Akoh has this say: ‘’There is a National Youth Development Policy that spells out basic requirements on how youth organisations can operate and we have 47 uniform youth organisations (in Nigeria). The PCN of Nigeria, having complied with these basic requirements was formally accorded recognition by the federal government. We have been operating within our scope.’’ Though, the over-zealousness of the nation’s security agencies has been over-flogged in the past, it is pertinent to state here that the latest invasion of the PCN office by a large contingent of security personnel armed to the teeth is taking over-zealousness to another dangerous dimension. It is this kind of pseudo-official opposition to well-intentioned private initiatives that has rendered Nigeria prostrate, devoid of private developmental projects. Ochela wrote from Abuja
HARVEST TIME IN TARABA
After decades of neglect, the state government is turning attention to the education of its youths, writes Okai Danjuma
F
or education in Taraba State, the harvest season is here. And it has never had it so good. One major signpost of the good times is the state’s performance in the West African School Certificate (WAEC) examination, for last year. It scored 67.3 per cent, the best score recorded by the state in over 25 years of its history. It came on the heels of the magic touch which the educational sector in the state is currently experiencing under the leadership of Governor Darius Dickson Ishaku. That this happened despite the dislocation caused to schools and life generally by the series of communal crises of the time previous to the coming of the present administration underscores the huge amount of effort that went into the revival of the educational system in the first one year of the Ishaku administration. It is also a signal of hope that greater things are in the offing for education and other areas of socio-economic development for the state. What was achieved last year is a big contrast with the situation the administration inherited when it came into office in 2015. In that year, the state had no WAEC result. The government of that time was unable to help its students settle their WAEC fees which it had promised to pay and the foremost examination body withheld the state’s results. In the years preceding that incident, the story was only slightly better. The state recorded low performances. At no point in time before last year did it record anything above 48 percent score in WAEC examinations. But the new Ishaku administration rejected that annual ritual of dismal WAEC results and insisted that things must change. Things, indeed, changed but only after the governor had read the riot act to teachers and school administrators in the state. He assured them that his administration had come with a more pragmatic attitude to the development of education
and demanded that they played their roles with a greater sense of dedication and patriotism. He followed this up with series of workshops and training programmes for head teachers and later for teachers and administrators in the educational chain. The programmes exposed participants to modern methods of record keeping, tests and measurement of performances of teachers and students, how to organise result-oriented programmes and maintain discipline generally in schools. Teachers in Taraba State are now constantly on their toes and so are their students. The new attitude in education had become infectious. This has impacted positively on the number of indigenes of the state gaining direct admission into Taraba State University. Before now, the state could hardly fill its admission quota. Most of the students had to take the longer route that remedial studies offered. The new attitude in education in Taraba is a product of the realisation that education is the cornerstone of human development. Governor Ishaku never failed to emphasise this point any time he had the opportunity to talk to teachers, school administrators, students and their parents. Jigem Johanes, Commissioner for Education in Taraba State who has worked the entire period of his career life as a teacher, said education in the state has never received the kind of attention it is presently getting in the hands of Ishaku. “It is my most fulfilling moment since I have been in the education sector. Governor Ishaku will be remembered in future as the man who made the most positive and remarkable contribution to the development of education in Taraba State”, he said in his office at the State Secretariat in Jalingo recently. Education in Taraba is a pleasant story of magical recovery from neglect and communal crises that had held the state prostrate. Many schools in Gasol, Wukari, Bali, Ibi and to some extent, Gashaka, were
closed down for many months as a result of persistent crises. Teachers and students fled their towns and villages and education virtually collapsed. It took the pragmatic effort of Governor Ishaku for peace to be achieved and for the schools to re-open. Governor Ishaku ordered the erection of security checkpoints on the roads to these towns and villages and even on roads leading to the educational institutions. Emirs and village heads were also drafted into the apparatus for the maintenance of peace and security in educational institutions in their domains at the instance of the governor. The Rescue Watch Team, an innovative feedback mechanism created by the Ishaku administration for keeping the governor constantly abreast of happenings in the local governments and rural communities has been outstanding in its contribution to the improvements in education. Johanes said the group moves from village to village to monitor developments in schools - the number of children enrolled, the reporting time of teachers, their attitude to work generally and the condition of schools. The Ministry of Education now has a comprehensive documentation of all schools in the state – primary and secondary – and their conditions. The state’s team of rescue watch contributed immensely to the preparation of this document. The exercise is preparatory to the imminent comprehensive renovation of schools. Governor Ishaku released about N900 million for the project from the 2016 budget and the bidding for the projects has been completed. In 2017 budget, N1.7 billion is allocated for the building of new classrooms, other school buildings, toilets, laboratory buildings and equipment, computers and computer accessories and furniture. The idea is to enhance the school environment and make it more conducive for teaching and learning. Governor Ishaku attitude to education in the
state is like that of a parent eager to provide for his children. He is not holding anything his administration can afford back from the development of educational facilities. His administration has always been eager to release government’s counterpart funds for all UNICEF educational programmes in the state to ensure that the state derives maximum benefits from them. In December last year when 12 students from the state were stranded in Venezuela after completing their studies due to lack of money to pay their way back home, Ishaku played the fatherly role by giving N1.6 million to each of the parents to bring them back. That is not all. The state government also paid WAEC fees for exchange schools in the state and special education centres in Mutum Biyu and Garbabi. Also, every term, the state government hires buses to take exchange programmes students from the state studying in the 19 Northern states to and from their schools. This costs the state millions of naira each time but Ishaku believes that it is a sacrifice the state is making to ensure the safety and comfort of its students. Computer gift is also part of government’s annual package for students of Taraba State origin studying at the Taraba State University. Last year about 300 computers were distributed to the students through balloting. The gesture is aimed at making studies less stressful for the students. Also to reduce the stress suffered by WAEC candidates in the state, a branch office of the examination body has been opened in Jalingo. The building to be used was built and donated by the Taraba State Government. With the opening of the WAEC branch office in Jalingo, candidates do not have to take the risk of going to Yola, Adamawa State, as it has been the case for many years, to register for the examination anymore. Danjuma wrote from Jalingo, Taraba State
15
T H I S D AY Ëž ÍľË&#x153; Í°ÍŽÍŻÍľ
EDITORIAL DISASTERS ON THE PROWL Regulatory authorities may do well to enforce rules and regulations
F
igures on disasters are increasingly becoming scary in Nigeria. Two weeks ago, the National Emergency Management Agency (NEMA) said there were over 50 reported cases of disasters in the country within three days. Forty of the cases occurred in Lagos State alone, according to the Director of Lagos State Fire Service, Mr. Rasaq Fadipe. But the question remains: what are the authorities doing to avert many of these disasters that are preventable? Given the prevailing weather condition, ďŹ re has accounted for most of the disasters that have killed many Nigerians and rendered many more homeless. Vehicular accidents have also resulted in huge balls of ďŹ re that have consumed lives and property. Also high on the list is building collapse, a phenomenon that is gaining notoriety in virtually all parts of the country. When you add these to the hundreds of lives lost every day to armed robbers, kidnappers, insurgents and sundry criminal cartels, you get the picture of a nation in serious crisis. But the concerns today are preventable disasters. REGULATORY AGENCIES Several reports AND DISASTER have shown that these MANAGEMENT BODIES disasters occurred SHOULD COLLABORATE largely due to human AND EMBARK ON errors, most of them A MASSIVE PUBLIC arising from failure of citizens to abide by ENLIGHTENMENT ON basic rules and regulaSAFETY REGULATIONS tions established by extant town planning and physical development laws. Most buildings are not built in accordance with safety regulations. Few buildings, for instance, have water sprinklers or ďŹ re extinguishers at strategic and accessible points for use in case of ďŹ re outbreak. Yet many building entrances are not wide enough for ďŹ re engines to access in the event of ďŹ re incidence. While non-compliance with safety regulations might have been largely due to ignorance as many citizens do not engage the services of qualiďŹ ed professionals to handle the construction of their property,
Letters to the Editor
there is considerable evidence of lack of diligence by property developers who compromise standards in a despicable effort to cut corners in order to reduce costs. Either way, it is the failure of enforcement of regulations that has led to most of the disasters.
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or instance, town planning ofďŹ cials are required by law to monitor physical development and ensure that building codes and safety standards are complied with at every stage of construction. In the same way, road trafďŹ c regulators, including the police and the road safety corps are mandated to ensure compliance with trafďŹ c regulations not just on speed limits but also on axial load, particularly of articulated vehicles. What is found generally is that regulatory authorities are rather reactive than proactive. They prefer to arrest a criminal rather than prevent the commission of a crime. Meanwhile, even its reactive approach to enforcement is fraught with unbearable inefďŹ ciency given response time to distress calls. The result is that lives and property worth millions of naira are usually lost before the intervention of the management agencies. Going forward, therefore, we recommend that the reactive approach to enforcement of regulation must change if the nation is to fundamentally check the spate of disasters enveloping it. Regulatory agencies need to apply the rules in accordance with extant laws that require them to provide effective supervision of physical development at every stage of construction. We also consider it necessary for the various regulatory agencies and disaster management bodies to collaborate and embark on a massive public enlightenment on safety regulations, dangers of non-compliance and basic steps to take in the event of an untoward occurrence. This will help to secure the buy-in of the people and encourage the development of a culture of voluntary compliance, which will lessen the task of the regulatory bodies and draw the curtain on the increasing spate of disasters plaguing the country.
TO OUR READERS Letters in response to speciďŹ c publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.
GOALS FOR AN EFFECTIVE NSCDC
T
he security services of any country are part and parcel of the society and define the ways in which that society is seen. The NSCDC is a veritable part of the security fabric of the nation and no one can treat it as dispensable. Abdullahi Gana Muhammadu, the Commandant â&#x20AC;&#x201C;General of the Nigerian Security Defence and Civil Corps came into office at a time when the organisation was in need of leadership. The NSCDC was bedevilled with a number of pathologies which had been encumbering its performances. This contributed to it being viewed as inefficient and ineffective. Its orientation had been warped, its methods and procedures had, at one time or the other been found anachronistic and the corruption that pervaded its rank and file had been adjudged freak. The commandantâ&#x20AC;&#x201C;general on account of these and many more that the NSCDC had been subjected to reform. Some of these reforms and purges have certainly changed the face of the corps for better. Formerly, the corps was viewed as unwieldy, corrupt and ineffective. But today, everybody can attest that they corps has changed for the better. In reforming the corps, the commandant-general has come up with different templates. He believes a reform aimed at turning around the corps must address the following aspects: in depth restructuring of personnel, introduction of a reward
system that has nothing to do with the personal profile of the worker but with well- targeted achievement, elimination of all bottle-necks, giving workers a sense of belonging and punishing those whose conduct are reprehensible. This reform has helped in better public perception of the NSCDC. Apart from the fact that reforms in any security organs are always dictated by the prevailing challenges and development within and without the corps, the NSCDC has largely met the Nigerian peoplesâ&#x20AC;&#x2122; expectations. Abdullahi Gana sees the problem of the NSCDC as an institutional one which needs reform in all its ramifications to make it work and that is what he did. The success story of the NSCDC is one which the larger society is benefiting from. If you go to the street today and take views of a typical Nigerian, you will come to the conclusion that among the security agencies in Nigeria, the perception of the NSCDC is better than all other security agencies. Gana believes that as with leadership, so also it is true with the character and quality of any organisation. Here then lies the dilemma of reforming the corps to meet the challenges of the society. He articulated this better in the questionnaire he set out to answer in making the corps what it is today. It is a questionnaire which is apt in application for future appointees into our security agencies to meet the demand of a modern society with its new mode of security challenges.
The commandant- general asked himself those questions in carrying out the reforms which set the pace for the success of the corps and some of these questions are as follows: How do you reform a corps which is as morally bankrupt as its social ecology? How do you reform a corps whose visions are divided as those of the society from where it emanated? How do you reform or get rid of corruption in the corps by social orientation and convictions? The commandant- general found an answer and this answers are germane to his success in the NSCDC. He believes whatever answer he provides to these questions helped in reforming the sub-structure and the super-structure of the NSCDC. The security agencies of a country mirror the nation. It cannot therefore be isolated from the larger society. Under the present leadership of the NSCDC the federal government keys into the reform agenda of the leadership and provided the corps logistic and legal support which includes some segment of the corps bearing arms. This has gone a long way in making a success of the corps successfully guarding some of our nationâ&#x20AC;&#x2122;s real infrastructure such as pipelines and power-lines. This has also led to increased power generations and crude oil production output in the Niger- Delta states. The NSCDC as a security organisation provided security for various elections held in the country. Musa Wada, Abuja
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T H I S D AY ˾ TUESDAY, MARCH 7, 2017
POLITICS
Group Politics Editor Olawale Olaleye Email wale.olaleye@thisdaylive.com 08116759819 SMS ONLY
EXECUTIVE BRIEFING
INEC sans Resident Commissioners, Recipe for Confusion The federal government needs to appoint Resident Electoral Commissioners for the Independent National Electoral Commission (INEC) immediately in order to strengthen the capacity of the election management body to prepare for the impending 2019 general elections, writes Shola Oyeyipo
R
ecently, there has been pressure on the federal government to fill the vacant positions of Resident Electoral Commissioners (RECs) in the Independent National Electoral Commission (INEC) as prescribed by the constitution. Many of the positions have been vacant since January 2016. Tongues have been wagging. The media, civil society groups, politicians and other concerned Nigerians have at different times urged the President Muhammadu Buhari-led All Progressives Congress (APC) government to appoint new RECs to fill the vacant positions since the tenure of their holders started to expire from the middle of 2015. In September 2016, for instance, the Senate expressed concern that the 2019 general elections might be jeopardised if RECs are not appointed to oversee INEC in the states. It apprehended the absence of the officials as one of the reasons for the spate of inconclusive elections in recent times. The Deputy Senate President, Ike Ekweremadu, had moved a motion supported by the former Senate Leader, Ali Ndume, expressing fears over the growing rates of inconclusive elections in many states. Even back then when only about 20 RECs positions were vacant, Senator Eyinnaya Abaribe, who contributed to the debate opined that elections conducted so far by INEC were illegitimate as more than onethird of INEC commissioners were yet to be appointed. Although the electoral body now has the full complement of national commissioners, 33 of the 37 states do not have resident commissioners as required by law. According to Section 153 of the 1999 constitution as amended, Part 1 of the Third Schedule to the Constitution, which established INEC; and Section 14(1) and (2) of the Third Schedule, which established the office of the National Chairman of INEC, the 12 National Commissioners as well as the RECs, the president has the responsibility to appoint the RECs subject to the confirmation of the Senate. But the president has neglected to fill the vacancies in spite of agitations from civil society organisations and opposition politicians. The REC, who represented Kaduna State in
Why is the federal government delaying the appointment of new RECs through either internal promotions or external recruitments? Could it be tied to President Buhari’s state of health and absence, or negligence, or an attempt to manipulate voters and the electoral umpire ahead of 2019 as some analysts claim?
Yakubu...waiting for RECs
the commission retired on July 29, 2015, his counterpart from Enugu left on November 3, 2015, the one from the Federal Capital Territory (FCT), Benue and Ogun states later left on December 16, 2015. Eight more, which included those from Plateau, Jigawa, Taraba, Imo, Cross Rivers, Anambra, Ondo and Bayelsa exited the commission on October 20, 2016. Others from five states; Nasarawa, Ekiti, Edo, Borno and Kwara whose tenure lapsed on February 16, 2017 also left while on March 4, 2017 five more RECs completed their tenure. They are Jacob Jatau (FCT), Segun Agbaje (Ondo) Austin Okogie (Bayelsa), and Nasir Ayilara (Niger). So, states currently without RECs are; Abia, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Ebonyi, Ekiti, Edo, Enugu, Federal Capital Territory (FCT), Imo, Jigawa, Kano, Kaduna, Katsina, Kebbi, Kogi, Kwara, Lagos, Niger, Plateau, Nasarawa, Ondo, Ogun, Osun, Oyo, Sokoto, Yobe and Zamfara. Those that will quit on July 25 are: Aniedi Ikoiwak (Rivers), Baritor Kpagig (Delta) and Habu Zarma Hinna (Taraba) while Abdullahi Kaugama’s (Kaduna) tenure will end in 2020 INEC Chairman, Prof. Mahmud Yakubu, had noted to the House of Representatives Committee on Electoral Matters and Political
Party Affairs, during the budget presentation session , that by March 2017 when five more RECs would retire, the total number of states without RECs would be 33. He underscored the need to expedite actions in finding replacements for the RECs. He also stated that the responsibility to fill vacant REC seats rests absolutely with the federal government and not the commission So, the question is: why is the federal government delaying the appointment of new RECs through either internal promotions or external recruitments? Could it be tied to President Buhari’s state of health and absence, negligence or an attempt to manipulate the voters and the electoral umpire ahead of 2019 as some analyst claim? Yakubu is not the only one that is anxious about the development; Nigerians, especially the political class are equally agitated as some of the recent elections did not conform to the template of improvement put on the ground by former INEC boss, Prof Attahiru Jega. There have been several inconclusive elections and postponements in recent past that the people will not want to be repeated in upcoming elections in Anambra State later in the year, and Osun and Ekiti States next year. This is why many Nigerians have persistently implored the federal government to take an
urgent step in righting the wrong by filling the vacant positions as stipulated in the constitution. Recently, a prominent member of the Nigerian Civil Society Situation Room, Mr Clement Nwankwo, who is also the Executive Director, Policy and Legal Advocacy Centre (PLAC), told acting President Yemi Osinbajo to fill the vacancies in INEC by immediately nominating suitable candidates for Senate consideration and confirmation. According to him: “The long existence of the vacancies in INEC is not good for the political atmosphere of the nation”. He, therefore, urged the acting president to brace to take full charge of the President’s responsibilities so that his absence would not be felt in the body polity. Interestingly, there is no indication that government is considering replacements for the RECs soon. In its usual character, government is yet to tell Nigerians why it has opted to leave the positions vacant. For now, many Nigerians are keeping their fingers crossed, waiting to hold Buhari responsible for the anticipated lapses that might occur in the preparations for future elections, beginning from the Anambra State governorship election, already schedule for November, 2017.
17
T H I S D AY ˾ TUESDAY, MARCY 7, 2017
ON THE WATCH
Onnoghen’s Dilemma With the Senate confirmation of Justice Walter Onnoghen as the Chief Justice of Nigeria last week, Davidson Iriekpen argues that the task of the brand new CJN is to justify the confidence reposed on him by taking some tough decisions that would sanitise the judiciary
A
fter a very tough pressure on the executive arm of government, Justice Walter Samuel Onnoghen was last week confirmed as the 15th Chief Justice of Nigeria (CJN) by the Senate. His confirmation puts to rest the allegations of discrimination against him by the President Muhammadu Buhari administration for hailing from the Southern part of the country. The new CJN has been leading the country’s judiciary in acting capacity since November 10, 2016 when he was so appointed by Buhari, following the retirement of Justice Mahmud Mohammed. The initial refusal by the president to send his name to the Senate for confirmation had sparked series of protests and media interventions by many analysts who saw it as an attempt to truncate the seniority rule at the Supreme Court. The protests also stemmed from the fact that the last CJN from the Southern part of the country, Ayo Gabriel Irikefe, left office in 1987. However, on February 8, 2017, the acting President, Prof. Yemi Osinbajo, forwarded his name to the upper legislative chamber for confirmation. As the CJN, Onnoghen would be the Chairman of the Federal Judicial Service Commission (FJSC) as well as the Chairman of the National Judicial Council (NJC), the most powerful organs of the judiciary. He is also the Chairman of the Legal Practitioners’ Privileges Committee (LPPC) and other powerful committees in the justice sector. Like the other CJNs before him, Justice Onnoghen during his confirmation, was full of assurances that the independence of the judiciary would record a boost during his reign. How far would he go? This is one important question observers are asking. No doubt, with his confirmation, the new CJN has about four years to spend on the saddle before he retires in 2020 - the longest in recent times. The last four occupants of the office did not have the opportunity to serve three years before the mandatory retirement age of 70 caught up with them. While some spent only one year, others spent two years. This is why many analysts believe that with
One of the first things Nigerians would want to see him address is the issue of corruption for which two of his colleagues on the Supreme Court bench and other judges of the lower court are currently standing trial. Weak as the case charges are, observers want the new CJN to carefully investigate any allegation or petition against any judge brought before the NJC ...Onnoghen has to take some tough decisions that would lead to cleaning up of the institution
Onnoghen...the many challenges ahead
the years he has to spend in office, he has every opportunity to turn things around for the better in the justice sector which is seriously yearning for a messiah for transformation. Observers say the new CJN must do all within his power to prove those allegedly against his appointment wrong by constantly ensuring that justice is delivered to Nigerians irrespective of tribe, political affiliation or financial standing. Moreover, having been on the bench for three decades, gone through every organ of the judiciary from the High Court to the Court of Appeal, and finally to the Supreme Court where he has been since 2005, many analysts believe that he perfectly understands the system and how to tackle the challenges in the system. For this reason, many believed that how to tackle the problems in the all-important third arm of government should not be a problem to him. As he formally mounts the saddle, one of the first things Nigerians would want to see him address is the issue of corruption for which two of his colleagues on the Supreme Court bench and other judges of the lower courts are currently standing trial. Weak as the case charges are, observers want the new CJN to carefully investigate any allegation or petition against any judge brought before the NJC. For some time now, the confidence of the people have in the judiciary has been eroded due to either poor handling of cases or vague and incoherent judgments by judge. This has resulted in the constant lambasting of the judiciary. There have been other instances where judges have been accused of leaking judgments or proceeding to parties. There have also been allegations that judges and justices sitting on some cases were induced or put under pressures ‘from above’ to pervert the course of justice. To show how bad things have been in the third arm of government, lawyers and retired judges and justices have all joined in criticising the rot in the sector. It was against this background that a former justice of the Supreme Court once took a long
view at Nigeria’s judiciary and concluded that the institution was full of judges and justices who ought not to have been there in the first place. He lamented that the all-important arm of government stinks of corruption, adding that until the bad eggs in the institution were flushed out, the justice sector would continue to witness retrogression. He wondered if it was the same judiciary that produced the likes of Sir Egbert Udo Udoma, Akinola Aguda and Olayinka Ayoola whose names vibrated and reverberated in the Halls of Chief Justices for great African countries that produces the current crop of judges and justices. He said gone were the days when it was a pride to be counted among justices of the Supreme Court who in the days of military dictatorship, held the notorious military decrees at bay. There is no doubt that Justice Onnoghen is assuming the exalted position at a time the image of the all-important third arm of government is at the lowest ebb. The first thing most Nigerians want from the new CJN is to justify the confidence reposed on him which made them to strenuously campaign for his appointment by ensuring absolute fairness at all time. Also awaiting Onnoghen’s attention is the time it takes to dispose cases in courts, a situation that has eroded Nigerians’ confidence in the judiciary and also fuelled jungle justice. It is believed that it takes over 15 to 20 years for cases to go from the High Court to the Supreme Court. Many analysts believe that the new CJN needs not push a legislation that will make litigants reduce the number of cases that go on appeal but the time it takes to exhaust cases. For a man that has been on the bench for over 30 years, observers believe that Onnoghen has to take some tough decisions that would lead to cleaning up of the institution. This can only be done when all the corrupt judges are exposed and dismissed from service. Interestingly, not feigning ignorance to the rot in the system, particularly corruption, the new CJN while answering questions from senators during his confirmation, promised that he would
preside over a judiciary that is strong-willed and of unquestionable integrity. “The judiciary is part of the society. There is corruption everywhere but efforts are being made to check it in accordance with our rules. The judiciary under my watch will be strongwilled. The judiciary under my watch will be of unquestionable integrity. I believe that the judiciary will come out of the present situation stronger,” he pledged. Having taken over the leadership of the judiciary at a time executive arm of government is doing everything to intimidate the all-important third arm of government, observers want Justice Onnoghen not to succumb to the intimidation but defend the institution he represents. Good enough, he promised to protect the third arm of government from external influences when he said: “I remain who I am. It will be very impossible to pocket the judiciary under my watch. I don’t think it will ever happen,” he said. For those who still hold the impression that the judiciary is the problem in the fight against corruption, the CJN made it clear that once a case in properly investigated and prosecuted, the judiciary has no option than to dispense justice according unlike when the case is poorly investigate and prosecuted. “I believe it takes three to have an effective and efficient judiciary. In criminal prosecution, for instance, you need to have an effective and efficient investigator who will investigate first before charging to court based on his evidence; a lead prosecutor who will go through it when the investigator brings his report to him and decide whether it has any weight. You have the judge who is the final arbiter. If matters that get to court are properly ready for trial, actually you will normally see them moving from day to day and expeditiously.Actually, if the government wants to establish any court, the judiciary wouldn’t say no but, I believe if we can do the right thing and carry out proper investigation before charging the man to court, and when you get there be ready to prosecute your case; judges are always there.”
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TUESDAY, MARCH 7, 2017 ˾ T H I S D AY
FEATURES
Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com
AIG: Building a Platform for African Leaders Concerned about change and building a new crop of African leaders, the President of the Council of the Nigerian Stock Exchange, Mr. Aigboje Aig-Imoukhuede and wife, Ofovwe, in 2012 set up Africa Initiative for Governance. Agha Ibiam who attended an event organised by the organisation at Oxford University, reports
L-R: Aig-Imoukhuede, his wife, Ofovwe, Jega, Chienye Ogwo and Collier, at an event in London...recently
T
he framers and founders of Africa Initiative for Governance (AIG), Mr. Aigboje Aig-Imoukhuede and wife, Ofovwe, do not believe in building an empire for themselves without giving something back to the society that first gave them the opportunity to achieve success. Little wonder in 2012, whilst he was the Managing Director and CEO of Access Bank, he and the wife established the Africa Initiative for Governance. That idea he said came through inspiration. In addition to that, he was provoked by how Singapore transformed its public sector and leaped from being a third-world to first-world country. “I was inspired by Lee Kuan Yew’s transformation of Singapore which was largely achieved by recruiting a critical mass of highly capable men and women into the public service who took responsibility for Singapore’s development from third-world to first-world,” Aig-Imoukhuede said. Though he was ‘pregnant’ with that idea for years, he was confident that if he can establish a forum that will harness high calibre talents in Nigeria’s public sector as obtained in the private sector, definitely there will be a success story to tell, a belief he holds for several other African countries, including Ghana. In actualising that dream of his, AigImoukhuede established AIG, which has entered a five-year partnership with the Blavatnik School of Government (BSG), Oxford University, England. With that
futuristic view, the idea Aig-Imoukhuede maintained is that such exposure will provide intensive post-graduate world-class training in governance and public policy for 25 students over the next five years. It is also designed to target graduates between ages 25 and 35, with or without public sector
I was inspired by Lee Kuan Yew’s transformation of Singapore which was largely achieved by recruiting a critical mass of highly capable men and women into the public service who took responsibility for Singapore’s development from third-world to firstworld
work experience. “Starting in 2017, five scholarships will be awarded to candidates from Nigeria and Ghana. These are candidates who can demonstrate academic excellence, proven leadership and commitment to public service. Upon graduation, the scholars will be expected to return home and apply their learning experiences in the public sector,” Aig-Imoukhuede said. One of the beneficiaries of the 2017 AIG scholarship currently at BSG is Adetotun Eyinade, a Masters degree student in Public Policy. Apart from the scholarship aspect of the programme, there is also the AIG fellowship that is also executed by AIG, but monitored by Blavatnik School of Government. The fellowship programme is perpetually ‘cocooned’ for a senior public service official either in Nigeria or Ghana. And this year’s first beneficiary of the visiting fellowship programme is the past immediate chairman of Nigeria’s Independent National Electoral Commission (INEC), Prof. Attahiru Muhammadu Jega. The choice of Jega according to the founders of the programme did not resonate from nowhere, instead it was a well thought out idea because of his past track records and having conducted free and fair elections as INEC chairman in 2015 which people had earlier envisaged would toe the line of his predecessors. “It was Prof. Jega’s time at the helm of INEC that brought him into the public eye. He took charge of the commission at a time when election rigging and misconduct
were common place, and within six years, he had transformed the inner workings of the organisation and restored public confidence in INEC. “He earned a reputation for his drive and commitment to conducting free and fair elections and while this made him very popular amongst most Nigerians, it also earned him enemies amongst those who had been benefitting from the hitherto failed system,” Aig-Imoukhuede said. Equally, Prof. Jega is one man in the country that has convinced Aig-Imoukhuede that peoples’ votes can always count after election, as he did not believe that Nigeria could conduct free and fair elections. To him, a line had been drawn on the sand that elections in Nigeria will always count. “Indeed the Ghana and Gambia's electoral successes were drawn from the Nigerian example which Jega spearheaded, we celebrate Professor Jega, who had made history in Nigeria by conducting a free and fair election in 2015 and who has made history in Africa and made me a believer in credible electoral processes in Nigeria,” Aig-Imoukhuede said. The transparency and success of the 2015 general elections is not one aspect of achievement that won AIG’s heart to admire Jega to the extent of sending him to Oxford to widen his horizon on public sector leadership. Instead, someone in Jega’s calibre is needed to act as a resource fellow for developing transformational initiatives on public sector leadership and governance in the country.
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FEATURES As enunciated by the organisation, the AIG visiting fellowship is also widely open to candidates, both senior officials or practitioners working in or with government and must be resident in West Africa. Additionally, the fellow must have demonstrated an outstanding contribution to public policy which invariably has yielded meaningful impact on the public good and commitment to public service in their country, regional and globally. The choice of Jega, a lecturer of political science as the first visiting fellow for 2016 to attend BSG was not disappointing in any way. He demonstrated his scholastic prowess while presenting his inaugural lecture last week at the BSG, Oxford University. He mounted the podium with great simplicity as such activity was not new to him and delivered a paper titled, â&#x20AC;&#x2DC;Electoral Integrity in Africa: Lessons From Nigeriaâ&#x20AC;&#x2122;s 2011 and 2025 Election.â&#x20AC;&#x2122; But Aig-Imoukhuede quickly deduced that if the paper delivered by Jega is sieved, harnessed and applied in the management of some government ministries and parastatals, it will be capable of solving so many socio-economic problems challenging the public sector and perhaps eject the country out of the woods. Jega, who utilised every bit of the opportunity accorded him at the event, however noted that his six months stay as a fellow at the Blavatnik School of Government has been intellectually stimulating and excellent. Presenting his paper, the professor at no time derailed or kept the guests at the â&#x20AC;&#x2DC;portableâ&#x20AC;&#x2122; hall wondering as to what he was talking about. The school teacher, first set out an outline before dissecting the paper which comprised introduction, context, five key challenges and hurdles he went through before conducting the 2015 election and steps to addressing the challenges. Others are outstanding challenges, lessons and conclusion. But speaking by-heart, he said that after the successful conduct of the 2015 general elections that saw the emergence of President Muhammadu Buhari, that INEC has set an unbeatable record that is being imbibed by other African countries in conducting elections, where incumbent presidents remain unelected. He explained that after the 2007 general elections, many Nigerians had written off INEC as a cash and carry organisation that went to the highest bidder, while rigging of elections and snatching of ballot papers was so rife and engrained in the system. Some of the names found in voter register according to him were Mike Tyson, Queen Elizabeth and names of some certain trees. This was the utmost challenge Jega said he was interested to curb. Though he met some resistance, but the commission remained resilient. â&#x20AC;&#x153;The beauty of free and fair election is enormous,â&#x20AC;? he said, but quoting the UN
Aig-Imoukhuede (left) and other participants, during Prof. Jega's inaugural lecture at BSG, Oxford University
Jega presenting his inaugural lecture at the BSG, Oxford University
It was Prof. Jegaâ&#x20AC;&#x2122;s time at the helm of INEC that brought him into the public eye. He took charge of the commission at a time when election rigging and misconduct were common place, and within six years, he had transformed the inner workings of the organisation and restored public conďŹ dence in INEC
Global Commission on elections, democracy and security, he noted that elections can have either a positive or negative impact on democratisation, that whether the impact is positive is related to whether or not they are conducted with integrity. Although democratisation has gained a foothold in Africa, and there is regular holding of elections in most countries, Jega pointed out that poorly conducted elections have imposed remarkable constraints on stability, regime legitimacy and good democratic governance. In his view, increasing the scope of electoral integrity has become central to the concern for democratic consolidation in Africa, but due to the nature of its ethnic and religious diversity, Nigeria he said, has a highly polarised political environment, characterised by ethno-religious mobilisation and a history of poorly conducted elections, with associated violence. Jega maintained that the 1999, 2003 and 2007 national elections were progressively worse and lacked integrity. Though some factors he insisted culminated to that. This he said are military rule, civil war, from oil boom to oil curse, ethno-religious and
communal violent conflicts, restiveness and militancy in the Niger Delta, insurgency in the North-eastern part of the country, corruption and bad governance with acute poverty amidst plenty. Jega, who said he was â&#x20AC;&#x2DC;draggedâ&#x20AC;&#x2122; out from the Ivory Tower to conduct election as INEC chairman, had the initial fear of how to protect his integrity by conducting election devoid of electoral malpractices. He said, â&#x20AC;&#x153;I took it for granted that the job was not going to be difficult when appointed in June 2010. Some of my friends tried to dissuade me from taking the job because they were concerned about protecting my integrity. But I told them that what is integrity if it cannot be tested.â&#x20AC;? But setting the stage for discussion at BSG, Oxford University, was Prof. Paul Collier, Professor of Economics and Public Policy in the Blavatnik School of Government. Apparently just seeing Jega for the first time after the 2015 polls, used the opportunity to applaud him for the courage and the spirit he summoned to successfully conduct the 2015 general elections that was widely adjudged as free and fair. Collier detailed that every successful
country is built on domestic strength and the courage of the few. Reasoning further, he stated that â&#x20AC;&#x153;research has shown that one essential ingredient and struggle for credible election is courage which was highly demonstrated by Prof. Jega, as two countries in West Africa owe him a debt,â&#x20AC;? he said. Not leaving his partners in progress unpatronised during the evening talk, Collier thanked the founders of the Africa Initiative for Governance for what he described as a marvellous partnership with Oxford University. He therefore commended AigImoukhuede and wife for establishing good governance in Africa aimed at turning the public sector around. However, Jega did not leave the commission without learning tangible lessons. He noted that he has equipped himself on how to plan strategically as well as specifically. This according to him implies strategic plan, election project plan (EPP), election management system (EMS) and elections operations support system (EOPS). More so, he has advanced his understanding in maintaining a rigorous monitoring and evaluation system and having stakeholder validation meetings.
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Photo Editor Abiodun Ajala Email abiodun.ajala@thisdaylive.com
L-R; Receipients of Study UK Alumni Awards 2017 Anas Balarabe Yazid, Olanrewaju Akinsola; Country Diirector,British Council, Connie Price; Receipient, Fatima Ademoh and British Deputy High Commissioner to Nigeria, Laure BeauďŹ ls during the presentatiion of certiďŹ cates and awards to the outstanding alumni at the UK Alumni Awards 2017 in Lagos....recently Abiodun Ajala
L-R: Former Deputy Speaker, Lagos State House of Assembly, Toun Adediran; Leader of the House of Representatives, Femi Gbajabiamila presenting key of new Toyota Hilux to winner of Gbajabiamila Grassroots Support Programme, Gbenga Bamgbade in Lagos...recently
L-R; Olu of Itori, Oba Fatai Akamo; Alake and Paramount Ruler of Egbaland, Oba Adedotun Gbadebo; Globacomâ&#x20AC;&#x2122;s National Commercial Coordinator, Mr. Abayomi Ogunbamowo and Olu of Owode Egba, Oba Kolawole Sowemimo at the Lisabi Festival royal banquet organised by Globacom in honour of the Alake iin Abeokuta......recently
L-R: Permanent Secretary, Lagos State Ministry of Local Government and Community AďŹ&#x20AC;airs, Mr. Fola Padonu; Coordinator, Team Nigeria, Ms. Lynda Amadi; Special Adviser to Lagos State Governor on Communities and Communications, Mr. Kehinde Bamigbetan; Commissioner, Mr. Muslim Folami and Creative Director, Team Nigeria, Mr. Olafemi George, during a formal press presentation of â&#x20AC;&#x2DC;Eko Shirtsâ&#x20AC;&#x2122; to commemorate Lagos State @50, in Lagos.....recently kola olasupo
Managing Director, Nigeria Machine Tools Limited (NMTL), Mr. Nobert Chukwumah(left) and the Minister of State, Petroleum Resources, Dr. Ibe Kachikwu inspecting ďŹ&#x201A;anges produced by NMTL at the Nigeria Oil and Gas Conference in Abuja....recently
L-R General Manager-HSE, :Mr Rabiu Abdulmutalib; Retail Sales Manager-PHC, (AAA Retail Development Challenge Awards Winner-Best Retail Sales Manager for Retail Development-3rd Place.), Mr Alex Chukwu; MD, Total Nigeria Plc,;Mr Jean-Phillpe Torres; Dealer, Kwale PSS Service Station, Warri (AAA Retail Lubricants Challenge Awards Winner-Best Dealer-1st Position), Mr Augustine Egwuatu; General Manager-Sales and Marketing, Total Nigeria Plc, Mrs Adesua Adewole; and Executive Director Strategy, Dr Prince JeďŹ&#x20AC; Nnamani during the Total Nigeria Plc annual AAA award ceremony in Lagos..... recently.
L-R: Deputy managing director, First Bank, Gbenga Shobo; Chairman, First Bank, Mrs Ibukun Awosika and acting managing director, Bank of Industry (BoI), Mr. Waheed Olagunju,at the launch of the youth ignite programme in Lagos...recently
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Quick Takes OVH Energy Hosts Cook Competition OVH Energy Marketing, licensee of the Oando retail brand has concluded its cross regional Teens Can Cook competition. The O-Gas Teens Can Cook competition is part of the leading oil retailerâ&#x20AC;&#x2122;s clean cooking initiatives to create awareness on the health, environmental and socio-economic benefits of adopting the use of Liquefied Petroleum Gas (LPG) in both domestic and industrial cooking. The grand finale, supported by the Nigerian Bottling Company(NBC),was held at the University of Lagos multi-purpose hall and saw guests and eight shortlisted schools gather together to witness the results of a year of passion, hard work and rigorous dedication displayed by the students. The 2016/2017 edition of the O-Gas Teens Can Cook competition kicked off with 40 schools from four geopolitical regions across Nigeria namely Lagos, Abuja, Port Harcourt and Benin City. Acting CEO of OVH Energy Marketing, Mrs. Olaposi Williams, commented: â&#x20AC;&#x153;Our aim is to enlighten the future generation at an early age on the myriads of health and environmental benefits of LPG, and we wanted to do this by involving the teenagers in activities which would be educative as well as entertaining.â&#x20AC;?
Over 100m Risk Starvation
A WELL DESERVED HONOUR
L-R: President, Nigeria/British Chamber of Commerce (NBCC), Adedapo Adelegan; Managing Director, Lagos Deep OďŹ&#x20AC;shore Logistics base (LADOL), Dr. Amy Jadesimi; Deputy President of the Association, Mr. Akinola Olawore and the CEO, Richardson Oil and Gas Limited, Mr. Akin Osuntoki, during the presentation of a special recognition plaque to Jadesimi by the Chamber at a breakfast meeting, in Lagosâ&#x20AC;Śrecently
IMOâ&#x20AC;&#x2122;sRegulationtoCostShippersExtra$60bn in Bunker Fuel Yearly Stories by Ejiofor Alike The global bunker fuel costs could rise to $60 billion yearly from 2020, in a full compliance scenario, when the International Maritime Organisationâ&#x20AC;&#x2122;s (IMO) 0.5 weight- per cent sulphur cap for bunker fuels kicks in, a new study by Wood Mackenzie has revealed. In the global petroleum/marine industry, oil bunkering is a legitimate business that involves the process of supplying a ship with fuel. Fuel oil, which is high in sulphur content, has traditionally been used by the shipping industry as bunker fuel. In 2016, global demand for
ENERGY high-sulphur fuel oil stood at almost 70 per cent of overall bunker fuels. With the implementation of the IMO regulation in 2020, Wood Mackenzie argued that the shipping industry will have to consider a switch to alternative fuels, such as marine gas oil (MGO), or install scrubbers - a system that removes sulphur from exhaust gas emitted by bunkers. According to a new study by Wood Mackenzie, a combination of higher crude prices and tight availability of MGO could take the price of MGO up to almost four times that of fuel oil in 2016,
and eventually cost the entire industry additional $60 billion annually. Research Director for Asia Refining at Wood Mackenzie, Sushant Gupta, noted that installing scrubbers may be an economically attractive option. â&#x20AC;&#x153;Although there is an initial investment, shippers can expect a high rate of return of between 20 per cent and 50 per cent depending on investment cost, MGO-fuel oil spread and shipsâ&#x20AC;&#x2122; fuel consumption. Despite attractive returns, penetration rate for scrubbers could be limited by access to finance, scrubber manufacturing capacity, drydock space and technological uncertainties. The shipping industry is traditionally slow
to move, but in this case, early adopters may hugely benefit,â&#x20AC;? Gupta explained. â&#x20AC;&#x153;Switching to MGO is a more costly solution. In full compliance, we expect shippers to try to pass the cost to consumers and freight rates from the Middle East to Singapore could increase by up to $1 per barrel,â&#x20AC;? Gupta added. The situation for refiners, on the other hand, is more complicated. The impact on margins will vary by refiners depending on the configuration, access to advantaged feedstock, location and type of products produced. Continued on page 22
Baru: Discosâ&#x20AC;&#x2122; Rejection of Power Hinders Evacuation of 4,500MW Over 4,000 Nigerian cars run on gas The Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru has raised the alarm that the incessant rejection of power allocation by the electricity distribution companies is hindering the evacuation of 4,500MW of electricity from the national grid. In his keynote address at the recent Annual Oloibiri Lecture Series organised in Abuja by the Nigerian Council of the Society of Petroleum Engineers (SPE), Baru stated that over 4,000 cars in Benin, Edo State, are currently running on gas.
ENERGY According to him, the country has enough gas to generate about 4,800MW currently and also attain 6,000MW by the second quarter of 2017, based on NNPCâ&#x20AC;&#x2122;s gas supply plan. He, however, added that the power sector is presently struggling to evacuate 4500MW power due to Discosâ&#x20AC;&#x2122; incessant rejection of allocated load and transmission line constraints Baru noted that despite the difficult environment, which NNPC operates, the corporation is committed to ensuring
adequate gas supply to meet the Nigerian industrial growth. According to him, beyond growing gas for the power sector, there has been a strategic positioning of the sector to support massive gas based industrialisation. The intent, he said, is to position Nigeria as the regional hub for gas-based industries such as fertilizer, methanol, petrochemicals and others. Baru identified the planned 30 square kilometres Gas Revolution Industrial Park in Delta State as the first of these efforts, saying the project will
be Africaâ&#x20AC;&#x2122;s largest purpose built gas Industrial park supporting gas based industries. â&#x20AC;&#x153;On fertilizer, we have assembled a portfolio of projects enabled by a strategic gas pricing policy that attracts these industries to Nigeria. Today, there are 5 projects with combined capacity of 10MTPA in the works. The first of which is Indorama fertilizer which was commissioned in 2016 and others such as Dangote, Nagarjuna and Brass are in various stages of project development and Continued on page 22
The number of people facing severe hunger worldwide has surpassed 100 million and will grow if humanitarian aid is not paired with more support for farmers, a senior United Nations official said. Director of the Emergency Division at the UN Food and Agriculture Organisation (FAO), Dominique Burgeon, said latest studies showed 102 million people faced acute malnutrition - meaning they were on the brink of starvation - in 2016, up almost 30 percent from 80 million in 2015. The hike was mainly driven by deepening crises in Yemen, South Sudan, Nigeria and Somalia, where conflict and drought have crippled food production, he said. â&#x20AC;&#x153;Humanitarian assistance has kept many people alive so far but their food security situation has continued to deteriorate,â&#x20AC;? Burgeon told the Thomson Reuters Foundation in an interview. More investment is needed to help people feed themselves by farming crops and livestock, he added. â&#x20AC;&#x153;We come with airplanes, we provide food assistance and we manage to keep them alive but we do not invest enough in the livelihood of these people,â&#x20AC;? he said.
Total Sells Gabon Assets Total SA has signed an agreement for the sale of stakes and the transfer of operatorship in various mature assets in Gabon to Perenco for a total value of around $350 million. The agreement includes the sale of the groupâ&#x20AC;&#x2122;s 100 percentowned affiliate Total Participations Petrolières Gabon, which holds interests in 10 fields. In addition, Total Gabon (Total 58 percent) has announced the sale of its interests in five fields and the Rabi-Coucal-Cap Lopez pipeline network. The production divested by Total in the deal, which is subject to approval by the authorities, represents around 13,000 barrels per day. â&#x20AC;&#x153;In a context of volatile Brent prices where reducing the breakeven of our operations is a top priority, this agreement demonstrates our ability to capture value through the disposal of mature assets while benefiting from the synergies generated by the transfer of operatorship,â&#x20AC;? Arnaud Breuillac, president of Total Exploration & Production, said. â&#x20AC;&#x153;Total remains committed to Gabon and will focus on maximizing value from its principle strategic operated assets,â&#x20AC;? he added. Following completion of the transaction, the groupâ&#x20AC;&#x2122;s remaining upstream assets in Gabon will be held entirely through Total Gabon.
â&#x20AC;&#x153;If we continue with the self-inflicted barriers in our gas industry, we might miss the opportunity to make this country a major player in the global energy mixâ&#x20AC;? Managing Director, NLNG Limited, Mr. Tony Attah
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BUSINESSWORLD IMOâ&#x20AC;&#x2122;S REGULATION TO COST SHIPPERS EXTRA $60BN IN BUNKER FUEL YEARLY
Some refiners should see better profit margins as a result of higher MGO price that is required to satisfy the incremental demand for MGO. Chinese (Sinopec and Petrochina) and Indian (Reliance and Essar) refiners stand to gain as they are deep conversion refiners with the capability to produce more MGO. Simple refiners with high yields of fuel oil (HSFO) could lose out because of weaker HSFO price and their inability to produce more MGO. These refiners should start thinking about options for placing their fuel oil. Higher refining runs, required to meet additional MGO demand, could potentially push global gasoline market into surplus weakening gasoline prices. Therefore, the gasoline pain for some refiners could be more acute than the impact of weaker HSFO prices.
BARU: DISCOSâ&#x20AC;&#x2122; REJECTION OF POWER HINDERS EVACUATION OF 4,500MW
construction,â&#x20AC;? Baru explained. In a reference to NIPCOâ&#x20AC;&#x2122;s compress natural gas (CNG) project in Benin, Edo State, Baru added that as part of a holistic strategy to position gas as the fuel of choice, NNPC had successfully completed a pilot programme to introduce natural gas as fuel for transportation through Compressed Natural Gas (CNG). â&#x20AC;&#x153;Today, over 4000 cars, mostly commercial taxis, run on natural gas in Benin, served by a network of 6 gas filling stations. We are currently extending the CNG initiative to other parts of the country. Apart from the obvious environmental benefit, use of gas in transportation is cheaper, taxi drivers save significantly on petrol cost by using gas, as CNG is sold at 46 per cent the price of petrol. Dangote cement factories are converting their trucks to run on CNG as it is not only cheaper but it is neater and cleaner and pilferage free,â&#x20AC;? he added.
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Ibadan Disco Restores Power Supply to 52 Ogun Communities Ejiofor Alike The Ibadan Electricity Distribution Company (IBEDC) has restored electricity supply to 52 communities in Ota area of Ogun State, including Abebi, Ilo Awela, Anglican, Navy quarters, Toll gate, Osi quarters, Amadia, Gbenga Daniel Estate, Afobaje and Olosun communities, after investing over N120 million to replace a faulty 15 MVA transformer in Odigbo Ota area of the state. The power transformer with three 11 KV outgoing Feeders in Homan, Township and Tower developed a fault on October 5, 2016, resulting in a total black out in these communities. But power supply was restored to the area last weekend after the successful replacement of the faulty transformer through the importation of a new transformer and the installation of new 11KV indoor panels. Speaking on the new development, the Chief Technical Officer of IBEDC, Ade Ayileka, stated that the company is committed to fulfilling its promise of rehabilitating the network infrastructure and providing good customer service to its customers. â&#x20AC;&#x153;Customers should be rest assured that we are working assiduously to upgrade our facilities and improve our network. This is just the beginning of more great things to come this year from IBEDC as we have taken delivery of over N1 billion worth of network upgrade equipment. In addition, the company will soon take delivery of a new batch of transformers. He stressed
further that well-to-do Nigerians should begin to invest in power supply equipment. This will not only solve our immediate needs on time, but will ease forex requirement for sourcing power equipment abroad. A period of nearly six months is required to source and receive a 15 MVA, 33/11Kv transformer,â&#x20AC;? Ayileka explained. He urged the customers on this new transformer to always endeavour to pay their bills and vend promptly. To further complement
IBEDCâ&#x20AC;&#x2122;s efforts, Ayileka appealed to the companyâ&#x20AC;&#x2122;s customers to protect the various power installations such as sub-stations, transformers, poles and lines within their communities in order to avoid vandalism, energy theft and other illegal activities. He also encouraged customers and the general public to be vigilant and to report suspicious behaviour. According to him, the resource and manpower used to replace damaged installations could be better used to
upgrade and expand more of the companyâ&#x20AC;&#x2122;s network. Some Ogun residents, who were aggrieved over the unavailability of prepaid meters, crazy billing and erratic power supply in their area, had recently embarked on protest to register their grievances. However, the company said it had always been proactive in community engagements. According to the company, the proactive engagements have enabled it operate almost seamlessly, despite challenges
in most of its coverage areas, including Ijako/Ishaka in Ado Odo/Ota local government. Responding to the alleged high billing, IBEDC said its records showed that in the last six months, the residents of the community have never been billed more than N500 on the average per house. The company stated that despite the ridiculously lenient billing, most residents of the community still refused to pay for energy consumed for the last three months, citing epileptic supply.
A WARM WELCOME
Governor Willie Obiano (left) receiving the newly appointed Comptroller of Immigration Anambra State, Mr. Ekpedeme King, who paid him a courtesy visit at the Governors Lodge Awka â&#x20AC;Ś recently
NLNG Predicts Demand Egina Field to Contribute 10% of Nigeriaâ&#x20AC;&#x2122;s Oil Growth from China, India Output in 2018 Stories by Chineme Okafor in Abuja The Nigeria Liquefied Natural Gas Limited (NLNG) has stated that with the current LNG demand growth from China, India, and some Asian markets, there would be a boost in LNG supplies in 2017. The company said while the global LNG market experienced some very difficult periods in 2016 as a result of the dip in oil prices, some Asian markets were beginning to take up centre stages in LNG demand growth just as demand from European market could likely drop within the period. The Managing Director of NLNG, Mr. Tony Attah, stated these during an interaction with journalists on the sidelines of the just concluded 2017 edition of the Nigeria Oil and Gas Conference and Exhibition (NOG) in Abuja. Attah said in his assessment of the LNG market in 2016, as well as the operations of NLNG, that the market was down in 2016, but added that there was hope that there would be a better performance in 2017. â&#x20AC;&#x153;People will think it was only oil price that was down, gas
price was down as well but we are very excited at the recent development with the improvement in the market. We are also seeing some improvement upwards but we are also seeing improving demands in the India, China and some Asians are beginning to take centre stage again. We have to rely on Europe as the central point, which is the sink to receive in the phase of reduced demand. So, last year was tough year and it forced a lot of tightening but we will see more hope in 2017,â&#x20AC;? Attah explained. He also spoke on a recent gas pipeline explosion that occurred within the precinct of the companyâ&#x20AC;&#x2122;s operation in Rivers State, saying that the explosion had nothing to do with any of its gas pipelines or infrastructure. â&#x20AC;&#x153;Let me first correct the impression that the explosion was on NLNG line. I read a few things from saying that NLNG pipeline exploded. No! The pipeline does not belong to us. The one that was impacted was not ours, but it is true that we also have a line in the same corridor but in this instance, it is not our line,â&#x20AC;? he clarified.
Total Exploration and Production Nigeria Limited has stated that crude oil production from its Egina deep-water field would add 200,000 barrel per day (bd) of oil to Nigeriaâ&#x20AC;&#x2122;s production volumes in 2018, representing about 10 per cent of the countryâ&#x20AC;&#x2122;s total output. Totalâ&#x20AC;&#x2122;s Deputy Managing Director in charge of Deep Water District, Ahmadu-Kida Musa stated this during an interaction with journalists at the just concluded 16th edition of the Nigeria Oil and Gas (NOG) Conference and Exhibition in Abuja. Musa said Total decided on the Egina project at a time Nigeriaâ&#x20AC;&#x2122;s policies for her oil and gas sector were extremely uncertain, especially with Petroleum Industry Bill (PIB) repeatedly failing to pass through legislative processes. He added that the company now looked forward to bringing it on stream in 2018. Located some 130 kilometres off the coast of Nigeria at water depths of more than 1,500 metres, Musa explained that the Egina oil field has remained one of Totalâ&#x20AC;&#x2122;s most ambitious ultra-deep offshore
projects. He also informed the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu who called on Totalâ&#x20AC;&#x2122;s exhibition stand at the NOG, that the project is being developed locally to accelerate the pace of technology transfer and expand the reach of the governmentâ&#x20AC;&#x2122;s local content law. â&#x20AC;&#x153;Egina project is our flagship project; it is going to contribute 200,000 barrels a day of oil next year to Nigeriaâ&#x20AC;&#x2122;s production. In any form of analysis, it is like 10 per cent of Nigeriaâ&#x20AC;&#x2122;s production volume. This is our contribution and it was not a mistake but a bold statement we made three years ago when we embarked on this project at a time nobody wanted to invest and PIB was the headline in every newspaper and a good excuse for people who are not here for the long term to not invest. Total is in Nigeria for the long term and you can see the fruits of it. We will contribute an additional 200,000 barrels per day of oil next year,â&#x20AC;? he added. Musa also spoke about the companyâ&#x20AC;&#x2122;s operations in Nigeriaâ&#x20AC;&#x2122;s domestic gas industry,
as well as the power sector. According to him, Total is in the forefront of gas investment and recognising and keying into the Federal Governmentâ&#x20AC;&#x2122;s plan in terms of domestic gas. â&#x20AC;&#x153;We built a dedicated gas line to take gas from Rumuji to Owaza, specifically and only just for domestic gas and our first client is the Alaoji IPP, and that is it for us,â&#x20AC;? he said. â&#x20AC;&#x153;The challenges are very numerous. Clearly just as the minister said earlier, the investments that we need to make, the utilisation of the facilities even when they are built, and even when you sell the gas, you expect to be paid on time, but we all know this is normally a challenge even for well-established institutions. I know we have quite a good number of gas that could be supplied to the power generation companies to produce more electricity, what I am very certain about now is that Nigeria needs to improve on its distribution system where you transmit the electricity you generate to consumers, I think that is where we need to work on very well,â&#x20AC;? he added.
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Kachikwuâ&#x20AC;&#x2122;s New Deal for Ending Militancy With the Amnesty Programme for repentant militants in the Niger Delta losing steam, Ejiofor Alike reports that the 20-point agenda unveiled recently by the Minister of State for Petroleum, Dr. Ibe Kachikwu represents another bold attempt to end militancy in the oil-rich region Before the ambitious intervention of the administration of the late President Umaru Musa Yarâ&#x20AC;&#x2122;Adua in 2009, to end militancy in the Niger Delta, the destruction of oil and gas installations, as well as kidnapping of expatriate oil workers by militant groups had reached an alarming dimension, curbing oil production to about 1.3 million barrels per day, down from the pre-militancy level of 2.5 million barrels per day in 2005. The Niger Delta Volunteer Force (NDVF), led by Alhaji Mujahaid Dokubo-Asari, which was the dominant militant group in the region, had championed the regionâ&#x20AC;&#x2122;s agitation for greater share of the countryâ&#x20AC;&#x2122;s oil resources But following the arrest of Dokubo-Asari on September 19, 2005 by the administration of former President Olusegun Obasanjo, all militant groups in the Niger Delta formed a coalition - Movement for the Emancipation of the Niger Delta (MEND). MEND had initially called on the federal government to release the two prominent Ijaw leaders - Dokubo-Asari, who was being detained for alleged treason and a former governor of Bayelsa State, the late Diepreye Alamieyeseigha, who was in jail then for alleged corruption. MEND actually came into international limelight on February 18, 2006, when the group abducted nine foreigners- three Americans, two Egyptians, two Thais, one Briton and one Filipino. In what was described as a spectacular attack, more than 40 militants were said to have overpowered military guards, set an export tanker ablaze and seized the foreigners from a barge belonging to the then Houston-based oil services company, Willbros, which was laying pipeline for Shell. Shell was forced to suspend exports from the 380,000 barrel per day capacity Forcados terminal, and also shut down the nearby 115,000 barrel per day EA oilfield as a precaution. In Houston, the then Willbros spokesman Michael Collier confirmed that nine employees had been taken. â&#x20AC;&#x153;We have not had any communication with those involved. Right now, we are in the process of contacting the families. The well-being of our people is foremost and we are trying to keep this situation under control as best we can,â&#x20AC;? he reportedly said. In Washington, the then State Department spokesman, Noel Clay had also confirmed the incident and called for the hostagesâ&#x20AC;&#x2122; unconditional release, saying: â&#x20AC;&#x153;We are working with the Nigerian government and talking with them about this.â&#x20AC;? However, six of the hostages were released on March 1, 2006, while the remaining three were released on March 27. This singular attack forced Willbros to sell its Nigerian assets for $155.3 million to Ascot Offshore Nigeria Limited and exit the country after 44 years of operations, while the militants continued strings of attacks that curbed Nigeriaâ&#x20AC;&#x2122;s oil production drastically. Even the release on bail of Dokubo-Asari on June 14, 2007 by the administration of the late Umaru Yarâ&#x20AC;&#x2122;Adua did not placate MEND as they continued the attacks, extending their exploits beyond Niger Delta by attacking NNPCâ&#x20AC;&#x2122;s Atlas Cove Depot in Lagos. Counting losses Apart from the loss of lives of some hostages, environmental degradation through destructive attacks on pipelines and the huge amount of money lost in the payment of ransom to free some lucky hostages, Nigeriaâ&#x20AC;&#x2122;s oil and gas industry has also lost billions of dollars in revenues and investments to militancy. Minister of State for Petroleum, Dr. Ibe Kachikwu recently estimated the countryâ&#x20AC;&#x2122;s loss between 2006 and 2016 at $50 - $100 billion, including loss of investments. Speaking on â&#x20AC;&#x153;Oil Sector Militancy Challengesâ&#x20AC;Ś Roadmap to Closure,â&#x20AC;? Kachikwu had said in a recent monthly podcast that despite all efforts made by successive administrations to tackle the militancy in the Niger Delta, a permanent
Niger Delta militants solution was never found. â&#x20AC;&#x153;The problem has been the absence of consistency, even before President Obasanjoâ&#x20AC;&#x2122;s administration and it went on with other governments â&#x20AC;&#x201C; Yarâ&#x20AC;&#x2122;Adua and Jonathanâ&#x20AC;&#x2122;s,â&#x20AC;? he reportedly said. Kachikwu had said that Nigeria lost billions of dollars 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 1 million barrels per day in 2016. The Vice-Chairman of the Security Subcommittee of the Oil Producers Trade Section (OPTS) of the Lagos Chamber of Commerce and Industry (LCCI), Mr. Shina Bankole had disclosed that Nigeria had lost over 130 million barrels of crude oil from January to November 2016 to the activities of 32 militant groups in the Niger Delta region since the resurgence of militancy in the oil-producing region in 2015. Speaking in Lagos recently at the 17th Health Safety and Environment (HSE) Biennial Conference on the Oil and Gas Industry in Nigeria, Bankole, who is also the General Manager in charge of Security at Chevron Nigeria Limited, had said insecurity in the Niger Delta had led to the proliferation of several militant groups, as well as small arms and weapons. Amnesty Programme Kachikwu identified the steps taken to tackle the Niger Delta crisis to include the setting up of the Niger Delta Development Commission (NDDC); the 13 per cent derivation for oil producing states and the Amnesty Programme, which the present administration has also made efforts to sustain. Of all the steps taken by the successive administrations to tackle restiveness in the Niger Delta, the June 25, 2009 proclamation of amnesty for repent militants by the late President Yarâ&#x20AC;&#x2122;Adua was the most potent. Relying on the powers vested on him by Section 175 of the Constitution of the Federal Republic of Nigeria, the late President had granted â&#x20AC;&#x153;amnesty and unconditional pardon to all persons who have directly or indirectly participated in the commission of offences associated with militant activities in the Niger Delta.â&#x20AC;? â&#x20AC;&#x153;The pardon shall take effect upon the surrender and handing over of all equipment, weapons, arms and ammunition and execution of the renunciation of Militancy Forms specified in the schedule hereto, by the affected persons
at the nearest collection centre established for the purpose of Government in each of the Niger Delta States; The unconditional pardon granted pursuant to this proclamation shall extend to all persons presently being prosecuted for offences associated with militant activities; and This proclamation shall cease to have effect from Sunday, October 4, 2009,â&#x20AC;? the late President had proclaimed. It is estimated that over 30,000 ex-militants surrendered their weapons and participated in the Amnesty Programme, thus bringing relief to Nigeriaâ&#x20AC;&#x2122;s oil and gas industry. Speaking at the Lagos HSE conference, Bankole had also stated that with the rehabilitation of about 30,000 ex-agitators, the Amnesty Programme had successfully restored normalcy to the oilproducing region until 2015 when new militant groups began to emerge. â&#x20AC;&#x153;The resurgence of militancy since 2015 has led to the proliferation of militant groups. As of today, no fewer than 32 of such groups have emerged in the Niger Delta â&#x20AC;&#x201C; some with possible ethnic agenda, while others came with a criminal agenda,â&#x20AC;? the Chevronâ&#x20AC;&#x2122;s General Manager in charge of Security reportedly said. Before the resurgence of militancy in 2015, the return of peace to the oil-producing region had led to ramp up of oil production to about 2.3 million barrels per day. Kachikwuâ&#x20AC;&#x2122;s new deal Unveiling a 20-point programme of action to end militancy recently, Kachikwu admitted that President Buhariâ&#x20AC;&#x2122;s efforts to sustain the Amnesty 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. The first point on the 20-point agenda is for oil companies to engage the state governments and communities on issues affecting a particular state. The second point focuses on inter-agency collaborations between the Ministries of Petroleum Resources and the Niger Delta, as well as the NDDC. The third point is what he called a ring-fenced approach, stressing that the federal government would stop dealing with the militancy as a national issue and adopt a state-by-state approach. Another plan under the agenda is to adopt what he termed as the â&#x20AC;&#x153;Security Holds Hands Approachâ&#x20AC;?, aimed at strengthening security through the collaboration of all the relevant
agencies. Kachikwu also identified peace and investment initiatives, stressing that peace encourages investment, while a crisis serves as a disincentive to investment. According to the minister, at the core of the militancy is economics, stressing that cottage industries and business startups will encourage violent agitators to shun militancy and engage in business activities. Another item on the agenda, he said, is for the government to focus investments on gas-to-power projects for steady power supply in the Niger Delta. Kachikwu also said that the federal government would provide incentives for peace keeping by boosting investments in the Niger Delta states that are peaceful and investor-friendly. He minister stated that oil companies would embark on the revamp of oil and gas infrastructure in the Niger Delta, while also focusing on the â&#x20AC;&#x153;clean-up of our messâ&#x20AC;?. In this respect, the minister said the president had launched the Ogoni clean-up exercise. Other aspects of the 20-point plan included the domestication of oil and gas business opportunities to achieve greater participation of the people of the oil-producing region without excluding other Nigerians. In addition, a development fund will be launched while also attracting foreign investors to the region. The federal government would also encourage education programmes in the Niger Delta to make the people embrace education and shun militancy, the minister stated. Kachikwu also revealed that the Amnesty Programme would be launched on a state-bystate basis to create opportunities for 5,00010,000 youths in each state, adding that the federal government cannot continue to fund the programme alone because of dwindling oil revenue. He also advocated for the establishment of an umbrella youth organisation in each state, even as the federal government partners the oil-producing states to create investments. The minister also identified justice for all the stakeholders as a major plank of the agenda, while policing for peace would remain critical to sustaining peace in the oil-rich region. With the paucity of funds to sustain the Amnesty Programme, the implementation of the 20-point agenda can permanently address restiveness in the Niger Delta.
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A New Bailout for Ailing Power Sector Chineme Okafor discusses the recent bailout of N702 billion for Nigeriaâ&#x20AC;&#x2122;s electricity market, which is on the cusp of collapse The federal government recently approved a fresh N702 billion electricity market bailout fund for the Nigerian Bulk Electricity Trading Company Plc (NBET) Plc. The bailout was an indication of governmentâ&#x20AC;&#x2122;s acknowledgement of the repeated calls by experts for a financial bailout or even subsidy for the countryâ&#x20AC;&#x2122;s electricity market, which is now on the brink of a collapse. Three years after the federal government achieved a closure on the power sector privatisation programme aimed at boosting power supply, the electricity market is increasingly displaying signs of operational misconducts and business failures. The sector, which was projected to be efficiently run by private investors who bought shares in the generation and distribution segments, started to face tremendous financial troubles and these exposed its lack of financial depth to overcome initial teething challenges, especially from the distribution end. As was reported, the troubles with the sector were precise and directly linked to the many irrational and non-commercial acts of its stakeholders. On one hand, the government was deeply careless in interfering with the application of a cost reflective market tariff that would allow electricity to be priced appropriately, while the regulatory agency developed and foisted on the market irrational decisions like the deferment of certain tariff cadre between 2014 and 2015. On the other hand, operators in the sector found the governmentâ&#x20AC;&#x2122;s irrational acts as a lacuna to exploit and so failed to play by existing market rules, which tied everyone to contractual obligations they ought to meet for the growth of the market. Eventually, the marketâ&#x20AC;&#x2122;s financial position became thoroughly messed up such that debts owed to the various market participants piled to an all-time high of over N809 billion as at the close of 2016, chiefly because electricity distribution companies (Discos) allegedly failed to repay the full revenues collected for power supplied to them by the Generation companies (Gencos). Initial N213 billion bailout When it was obvious that the market was not going to recover from such self-inflicted financial distress, a market stabilisation fund worth N213 billion was worked out by the Central Bank of Nigeria (CBN) and the Nigerian Electricity Regulatory Commission (NERC) to be administered to operators on conditions driven by efficiency and absolute corporate governance practices. The intention of the stabilisation fund according to the regulator, was to reposition the market by enabling the availability of funds to operators for capacity upgrade. The Discos, Gencos, gas producers, and other service providers were all entitled to the fund which also had a concessionary low interest attached to its acquisition. But due to a number of developments, which included a judicial intrusion on the application of the 2015 tariff by a Lagos High Court, and the subsequent decision of some Discos to leverage the situation by filing another legal action stopping the NERC and NBET from enforcing extant contractual terms in the market rules, the impacts of the N213 billion stabilisation fund was almost lost on the market. Additionally, some of the Discos who could not or were unwilling to access the fund were those who fell short of its requirements, and which included actual adherence to corporate governance practices. These meant that the plan could not fulfill in entirety, its intention for the electricity market. Fresh bailout With the apparent failure of the N213 billion bailout fund, the government had to find solutions to the troubles of the power market as revenue remittances to the market continued
Buhari to dwindle. The government had stated that it was working with the World Bank to fashion out a stabilisation plan for the market. The plan, the Minister of Power, Works and Housing, Mr. Babatunde Fashola had said at a time, would involve the restructuring of the governance practices of the market to enable it meet its obligations to the public. Even though the minister did not disclose when this plan would be implemented or if it would have some financial elements in the form of subsidy for the sector, NERC had however posited that there had to be a government-inspired solution to the challenges of the sector, either in the form of subsidy or an intervention fund to re-energise its
Consequently, the money NBET collects monthly from the Discos is not enough to pay NBETâ&#x20AC;&#x2122;s contractual obligation to the Gencos. NBET is 100 per cent owned by FGN; so NBETâ&#x20AC;&#x2122;s debt is governmentâ&#x20AC;&#x2122;s debt even though it originates from the Discos debt to NBET
Fashola operations. Notwithstanding, the ministry of power recently in Abuja, disclosed that the government had approved a N702 billion intervention fund for the NBET to pay Gencos for power they supply to the national grid, which the Discos often fail to fully repay. In the statement, the government said since NBET, which is government-owned, is indebted to the Gencos for power supplied, the debt had become governmentâ&#x20AC;&#x2122;s debt, hence the N702 billion fund. While not disclosing the terms of the new bailout to NBET, the government however stated that the N702 billion payment guarantee support to NBET was to take effect from January 2017. It said from that date, the financial support will enable NBET to pay its obligations to Gencos and through them to their gas suppliers, equipment suppliers, banks and other partners, while working with the Discos, government and the Nigerian Electricity Regulatory Commission (NERC), to get the Discosâ&#x20AC;&#x2122; implement 100 per cent revenue remittance going forward. It also said the N702 billion financial bailout will not solve all the problems of the power sector or produce overnight electricity for the country, but that it was conceived within a package of measures to ensure that the electricity sector does not collapse. What N702 billion can do According to the government, the poor payment levels by the Discos and the resultant debts build-up in the market were increasingly threatening the electricity supply system, and undermining the growth of the economy by discouraging new investors from building new power stations and transmission facilities. â&#x20AC;&#x153;In recognition of the critical role that energy and access to electricity plays in economic growth and poverty reduction, the Federal Government of Nigeria (FGN) as part of its Economic Growth and Recovery Plan, at its Federal Executive Council meeting of 1st March 2017 has taken far-reaching steps to reset the electricity industry. These steps, conceived within a sequence of sector reforms, confirm governmentâ&#x20AC;&#x2122;s commitment to enforcing decisions taken as a nation to move from a vertically integrated
government owned statutory monopoly that did not serve our power needs, to a private sector led industry â&#x20AC;&#x201C; with government as guarantor, regulator and policy maker, that achieves the objective of developing a better and sustainable power sector as quickly as possible,â&#x20AC;? the government had explained. It stated that: â&#x20AC;&#x153;The FGN is committing up to N702 billion to the Nigerian Bulk Electricity Trading (NBET) to guarantee the payment of its obligations for electricity delivered to our homes, businesses, industries and government establishments.â&#x20AC;? The government explained that the Discos do not pay fully for the electricity they receive from the Gencos through NBET and acknowledged that some of the reasons for this failure were not entirely the Discosâ&#x20AC;&#x2122; fault alone. It added that regulatory and tariff inconsistencies of the past administration, unexpected changes in the foreign exchange market, and lower than expected generation due largely to pipeline vandalism for example, have challenged the Discosâ&#x20AC;&#x2122; ability to perform. It however added: â&#x20AC;&#x153;But much of the failure relates to their inadequate financial and technical capacity and some sharp practices of the Discos in their administration of collections from customers. â&#x20AC;&#x153;Consequently, the money NBET collects monthly from the Discos is not enough to pay NBETâ&#x20AC;&#x2122;s contractual obligation to the Gencos. NBET is 100 per cent owned by FGN; so NBETâ&#x20AC;&#x2122;s debt is governmentâ&#x20AC;&#x2122;s debt even though it originates from the Discos debt to NBET.â&#x20AC;? While expecting that the N702 billion would to an extent ease the financial tensions on the market, the government also stated that subsequent complementary interventions to be initiated in the power sector would among others, seek to strengthen financial transparency and discipline to ensure that all industry revenues are fairly distributed to all market participants and their suppliers, according to contractual commitments. In addition, government said it would in its later interventions, secure adequate capitalisation and liquidity to ensure that all market participants are paid according to contracts and are adequately funded to sustain and expand their operations.
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Riding on BIP to Cement Self Sufficiency Crusoe Osagie explains how Dangote Group has taken advantage of the Backward Integration Policy to end cement importation
Cement truck
In Nigeria, policies rarely yield the outcomes they are designed to produce. Make no mistake, these policies are never lacking in terms of concept, idea and skilful crafting. They do not fizzle out because they were not intelligently put together, expertly designed or well thought through, they fail because of the lack of political will to see them through. The ambiguous term â&#x20AC;&#x2DC;lack of political willâ&#x20AC;&#x2122; in Nigeria is not very complex, it is essentially the change in political leadership or change in government. Since every new government in the country, even from the same political party, wants to initiate its own policies, then once a new government takes over from a previous government, all the signature programmes of the old government must be thrashed without regard for their functionality. Some of such policies which were never allowed to evolve to the point of yielding their intended goals include the Export Expansion Grant (EEG); National Auto Policy; varied Small and Medium Enterprises development initiatives; Commercial Agriculture Credit Scheme (CACS);Sale of petroleum refineries to private operators; deregulation among several others. Various reasons ranging from ethno-religious and political considerations to ego and political supremacy battles have led to the set back or outright frustration of otherwise very laudable policies and programmes that could have delivered immense value to the Nationâ&#x20AC;&#x2122;s economy. However, in the midst of so many failed policies, one of them has somehow succeeded, at least partially. It was the former President, Chief Olusegun Obasanjo, who is a hero for as many people as he is a villain that initiated the policy which was generally referred to as the Backward Integration Policy (BIP). The policy was generally introduced around the year 2000 and it initially began dealing with products like fruit juices and the brewery industry, achieving huge success with the likes of Coca-Cola latching on and domesticating the production of Five Alive fruit juice in Nigeria. Also, the breweries giants began to try their hands on cassava and other locally-sourced carbohydrate as basic raw material for their beers. It was not until 2002 that the BIP policy swung
towards the cement industry and Dangote, along with his company, the Dangote Group, who was then one of the biggest importers of the building material in the country keyed-in. Even though 90 per cent of the operators in the cement industry, since 2002, including the multinationals, tried various tricks to derail the process of fully localising the manufacturing and supply of cement in the country, Dangote took steps so bold that one government after the other, from Obasanjo to Yarâ&#x20AC;&#x2122;Adua to Jonathan and now Buhari, had no choice than to sustain the policy that has now liberated Nigeria from addiction to imported cement. Dangote, for a period a little over a decade, ramped up his local cement output from zero to 30 million tonnes per annum, effectively ending the need to import cement into Nigeria from any where in the world. Dangote
Having ramped up cement output from its factories within Nigeria to nearly 30 million tonnes per annum, the Dangote Group last week announced that it had officially ended the nationâ&#x20AC;&#x2122;s dependence on imported cement. The company also hinted that it exported 400,000 tonnes of the product to other nations in 2016
Yes, many industry observers cried foul during the process. Some cited violation of non-existent competition laws and others hated his guts. But Nigeria, its economy and the people are now the ultimate beneficiaries of a move which if it had gone wrong, might have completely annihilated the businessman who made it. Having ramped up cement output from its factories within Nigeria to nearly 30 million tonnes per annum, the Dangote Group last week announced that it had officially ended the nationâ&#x20AC;&#x2122;s dependence on imported cement. The company also hinted that it exported 400,000 tonnes of the product to other nations in 2016. Imagine if Nigeria had 100 other companies, who like Dangote, exported this much products in the year 2016. Perhaps that alone would have pulled the country out of the ongoing problem of economic recession. In its 2016 full year audited results presented on the floor of the Nigerian Stock Exchange (NSE) in Lagos, Dangote Cement sold 8.6 million metric tonnes of cement outside Nigeria, which is 54 per cent more than what was sold in 2015. Analysts believe the export is significant, given that the nation used to be a net importer of cement. As at 2011, Nigeria was one of the worldâ&#x20AC;&#x2122;s largest importers of cement, buying 5.1 million metric tonnes of foreign cement at huge expense to the countryâ&#x20AC;&#x2122;s balance of
trade. The companyâ&#x20AC;&#x2122;s Pan-African cement plants continued to perform well, contributing significantly to its turnover and profitability. While presenting the results, the companyâ&#x20AC;&#x2122;s Chief Executive Officer, Onne van der Weijde, assured the investors of better returns on their investment in the Dangote Cement. According to him, â&#x20AC;&#x153;The new year has started well and we expect much higher profitability in Nigeria in 2017, even though we may not see the volume growth we achieved in 2016. I am confident that we will deliver an even stronger performance in 2017 as we increase market share and extend our reach across Africa.â&#x20AC;? The economic challenges notwithstanding, Weijde revealed that Dangote Cement achieved sales and revenue growth of 25 per cent and consolidated its position as Africaâ&#x20AC;&#x2122;s leading producer of cement. While sales from Nigerian operations increased by 13.8 per cent to nearly 15.1 million metric tons at a growth rate far higher than the countryâ&#x20AC;&#x2122;s GDP, which fell in 2016, its total revenue leaped by 25.1 per cent to 615.1 billion To the delight of the investors, Dangote Cement earnings per share increased by 4.5 per cent to 11.34 and the dividend payout to the shareholders also increased significantly by 6.3 per cent to N8.5 kobo per share. Dangote Cement is Africaâ&#x20AC;&#x2122;s leading cement producer with nearly 46 million metric tonsâ&#x20AC;&#x2122; capacity across Africa. It is a fully integrated quarry-tocustomer producer with production capacity of 29.25Mta in Nigeria; Obajana plant in Kogi State is the largest in Africa with 13.25Mta of capacity across four lines; Ibese plant in Ogun State has four cement lines with a combined installed capacity of 12Mta and Gboko plant in Benue State has 4Mta. The company has also concluded arrangements to build new factories in Ogun State (3-6Mta) and Edo State (6.0Mta). Through its recent investments, Dangote Cement has eliminated Nigeriaâ&#x20AC;&#x2122;s dependence on imported cement and has transformed the nation into a net exporter of cement serving neighbouring countries. In addition, the company has invested several billion dollars to build manufacturing plants and import/grinding terminals across Africa. Its operations are in Cameroon (1.5Mta clinker grinding), Congo (1.5Mta), Ghana (1.0Mta import), Ethiopia (2.5Mta), Senegal (1.5Mta), Sierra Leone (0.7Mta import), South Africa (3.3Mta), Tanzania (3.0Mta), Zambia (1.5Mta).
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INDUSTRY
HarvestPlus Sets Sights on MacArthur Foundationâ&#x20AC;&#x2122;s $100m Grant With organisations worldwide gunning for the MacArthur Foundationâ&#x20AC;&#x2122;s $100m prize money, Crusoe Osagie writes on the efforts of HarvestPlus to clinch the grant It is not every day that one dreams to get over 2 billion people across the world to consume more nutritious foods in a grand design to tackle malnutrition. A lofty ambition, the task must definitely be daunting, requiring strategic planning and devotion. The financial implication should drive whoever thought up the idea to jettison it in seconds. The logistic and administrative bottlenecks could also cower one to submission. But one organisation that believes achieving this dream is possible is HarvestPlus. And for daring to dream and recording incremental successes in pursuit of this goal, the organisation has just been shortlisted as100& Change semi-finalists to receive $100 million grant from the John D. and Catherine T. MacArthur Foundation. HarvestPlus is in contention for the award for its pioneering work on eliminating hidden hunger by fortifying staple crops. â&#x20AC;&#x153;Hidden hunger is when people are getting enough food on their plates to feel full, but their diet doesnâ&#x20AC;&#x2122;t have enough nutrients for health. That means they suffer from blindness, diarrhea diseases and even death. About 2 billion people suffer from hidden hunger. That is about a third of the worldâ&#x20AC;&#x2122;s population,â&#x20AC;? said Chief Executive Officer (CEO), HarvestPlus, BeverlyPostma. â&#x20AC;&#x153;There is a direct correlation between poverty and malnutrition. But this is fixable. Just by improving the foods they eat, we can improve the lives of millions of children,â&#x20AC;? she added. Armed with an uncommon resolve, HarvestPlus deploys aprocess known as biofortification that cuts through the maze of capital-intensive health interventions. Biofortification is a complementary approachâ&#x20AC;&#x201D;asides food fortification, supplementation and dietary diversificationâ&#x20AC;&#x201D; that increases density of micronutrients in crops through conventional means thus making staple crops more nutritious. HarvestPlus is one among eight other semifinalists, which include Catholic Relief Services, Himalayan Cataract: Human Diagnosis Project, Internet Archive, Rice University, Sesame Workshop and International Rescue Committee and The Carter Center â&#x20AC;&#x153;These eight ambitious proposals exemplify the passion, range, and creativity of the hundreds of applications. We hope that the competition inspires individuals and organisations to be bold and think big, because solutions are possible,â&#x20AC;? says MacArthur President Julia Stasch. Managing Director, MacArthur Foundation,
Country Director, Harvest Plus, Dr. Paul Ilona Cecilia Conrad, said that what makes biofortification â&#x20AC;&#x153;especially promising is that it relies on increasing the quality of the food, and not on changing the peoples eating habits, something that is more difficult to do.
â&#x20AC;&#x153;The other really attractive thing about this proposal is that once you have introduced these biofortified crops, improvement in nutritional value endure across generations.â&#x20AC;? With a vision for a world free of hidden
hunger, HarvestPlus works with partners to develop new, more nutritious varieties of staple food crops that provide higher amounts of vitamin A, iron, or zincâ&#x20AC;&#x201D;the three micronutrients identified by the World Health Organsation as most lacking in diets globally. In Nigeria, HarvestPlus has reached over 1.2 million farm households with vitamin A cassava by distributing approximately 1 million bundles of cassava stems in 22 states, with Akwa Ibom, Benue, Imo and Oyo serving as hub states for supply of stem and processed food across the country. Five seed companies sold 300MT of vitamin A maize in 2016. The selection by the MacArthur Foundation is coming on the heels of several other accolades for biofortification and HarvestPlus. Early this February, HarvestPlus was selected as a 2017 LAUNCH Food Innovator for its pioneering work in making staple food crops more nutritious and available to rural communities around the world. The organization was one of 12 innovators selected from a pool of 280 applicants from 74 countries. Another product of biofortification, the Orange Fleshed Sweet Potato (OFSP), was picked by Time Magazine as one of the best inventions of 2016. Arguing that the sweet potato variety could save lives, Time Magazine said, â&#x20AC;&#x153;In sub-Saharan Africa, vitamin A deficiency afflicts more than 43 million children under age 6, leaving them vulnerable to blindness, malaria and more. Itâ&#x20AC;&#x2122;s inefficient to provide entire countries with pills, so plant scientists from HarvestPlus and the CIP are helping countries grow their own solutionsâ&#x20AC;&#x201D;in the form of sweet potatoes. The key is biofortification, or cross-breeding locally grown sweet potatoes with versions rich in vitamin A, so that over time the crops naturally get better at addressing the deficiency.â&#x20AC;? Also, in 2016, HarvestPlus was the cynosure of all eyes when its founder, Dr. Howarth Bouis and three other scientists from the International Potato Center (CIP), Drs. Jan Low, Robert Mwanga and Maria Andrade, were awarded the World Food Prize. It was a critical moment as it validates years of breeding biofortified crops and providing evidence of the cropsâ&#x20AC;&#x2122; potentials in improving health across the developing world. More than 100 biofortified varieties of 10 crops have been approved for cultivation in over 30 countries worldwide and are being tested in over 40 countries.
FG Seeks Increased Flow of Foreign Investment
BOI, First Bank Partner Firm to LaunchYouth Japan commits $30bn to sustainable Devt in Africa Empowerment Initiative
Stories by Crusoe Osagie The federal government has stated that it is working towards increased foreign direct investments (FDI) flow the country, noting that with the current state of the economy, all hands are on deck to seek areas where Nigeria can attract the much needed foreign exchange to carry out developmental projects for economic prosperity and sustainability. The Minister, Industry, Trade and Investment, Dr. Okechukwu Enelamah, during a business seminar organised by Japan External Trade Organisation (JETRO), assured investors of a safe and business friendly environment for their investments, noting that the federal government is doing all it can to improve
the ease of doing business in the country. The minister who was represented by the Executive Secretary, Nigerian Investment Promotion Commission (NIPC), Ms. Yewande Sadiku, stated that there are more investment opportunities Nigeria and Japan can explore considering the size of Japan, while adding that Nigeria is seeking increased trade and investment inflows from Japan. According to him, â&#x20AC;?There is a lot more that both countries can do together; the federal government is doing all it can to improve the ease of doing business in the country, it is as a result of this, the federal government inaugurated the Presidential Enabling Business Environment Council (PEBEC) chaired by the Vice President. This council has been focused
on making life more convenient for businesses in the country.â&#x20AC;? Also speaking at the event, the Director General, JETRO Paris, Mr. Susumu Kataoka added at the Tokyo International Conference on Africa Development, the Prime Minster of Japan, announced its commitment to invest about $30 billion in Africa for the sustainable development in Africa especially in infrastructure, human resources development, technology, improvement of living conditions and regional stability. He said the international conference had since started to create certain dynamism among the Japanese companies, saying that more Japanese companies are getting more interested in doing new businesses in Nigeria or expanding their activities in other African countries.
Worried about the high level of unemployment among Nigeriaâ&#x20AC;&#x2122;s teeming unemployed youth, the Bank of Industry (BOI), First Bank of Nigeria and After School Graduate Development Centre (AGDC) have partnered to launch â&#x20AC;&#x2DC;Youth Igniteâ&#x20AC;&#x2122;, an initiative geared towards empowering youths in the country. The acting Managing Director, BOI, Mr. Waheed Olagunju, explained that the collaboration would see the institutions leverage their experiences gathered over the years to empower youths with the requisite skills required to be self-reliant and actualise their dreams. Olagunju pointed out that tNigeria youths are maginative and highly talented, maintaining that the Development Finance Institution (DFI)
would continue to support, build capacity and train youths while also making available single digit and highly concensional financing to support youths in Nigeria. The acting BOI boss during the launch of the scheme, said â&#x20AC;&#x153;We are coming together to help the Nigerian youth leveraging our experience. We have been in this environment for more than 58 years, First Bank 123 years and AGDC almost a decade old. We are leveraging the experience of AGDCâ&#x20AC;&#x2122;s experience built in Lagos to see how we can help youths across the length and breadth of the country.â&#x20AC;? He however stated that the bank will be reviewing its terms and conditions of its youth empowerment programmes without necessary violating the guidelines of the
Central Bank of Nigeria ( CBN) and credit policy of the DFI. He said going forward in 2017, the bank will be carrying out a study to measure the impact it has made across board in terms of the investments in different sectors of the economy. â&#x20AC;&#x153;We will continue to undertake any initiative that will stimulate production and the more we are able to invest in potentially viable projects that can be sustainable, the better for the country. We have two bottom lines mainly which include financial viability and developmental impact and among developmental impact are job creation, import substitution and export generation which means we finance projects that can earn foreign exchange for Nigeria,â&#x20AC;? he said.
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NNPC Admission on Poor Refinery Performance This is a reaction to the publication in the ThISDAY newspaper of February 22, 2017. The Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC) (Dr Maikanti Baru) was reported to have accepted failure on the part of the Corporation to be responsible for the abysmal state of the four refineries in Port Harcourt (PHRC), Warri (WRPC) and Kaduna (KRPC). I also want to observe that this lack of capability is not peculiar to the Corporation alone. All production facilities in the economy are culprits with particular reference to the national electricity generating and distribution facilities. The National Pipeline & Storage Company Limited (NPSC) is also part of it. Majority of the multinational oil companies are not operating at optimum maintenance costs because of limited knowledge of maintenance. My reaction will briefly explain maintenance and maintenance management. It will point out what we are missing for practicing what the industries abandoned. It will also indicate how to know the organizations that are managing maintenance because doing maintenance is different from managing it. Brief History of Facility Maintenance Management: Production facility asset maintenance has evolved in the last 60 years - before and after World War II (WWII). It used to be a craft assignment for people who were barely educated, but has become a profession with highly educated people performing scientific activities to the extent it has baptismal name - Asset management (AM). Before WWII the philosophy was to â&#x20AC;&#x153;fix a machine after it is brokenâ&#x20AC;? and the strategy was called brake-down maintenance (BM). Performance effectiveness was measured by how quickly maintenance people could respond to correct the problem and return the equipment to production. The amount of resources expended was of little consequence. Good as that practice was, it did not serve the needs of critical operations where safety of people and environmental protection posed challenges and predominate todayâ&#x20AC;&#x2122;s business. Other serious disadvantages are: reduced profit; frequent failure of machines without notice; prolonged time to repair due to lack of proper planning and time to source and schedule resources. In those days, maintenance was about the only activity that was not managed in production facilities. It is now the highest element of operating costs and priority in cost control, which could only be achieved by managing the activities. Preventive maintenance (PM) improved on BM and served critical operations till the mid-50s. Critical operations are those that could result in loss of irreplaceable human lives, devastation of the environment and loss of huge business revenue. Such facilities usually run at 100% installed capacities, 24 hours per day, and expected to continue for minimum of 2 years. PM was hinged on the belief that machines failed as a result of old age due to wear and tear. It was reasoned that they should be stopped at stipulated periods for inspection to ascertain their true conditions. Affected components and parts would be cleaned, repaired or replaced as the case may be. That was the origin of turn around maintenance (TAM), also called rehabilitation. At its best, PM only offered 35% of reliability; this means equipment could not operate long enough as the user wants. Upon that, the strategy was unbearably costly because it disrupted normal production, required high spare part stock and replaced parts that had no problem. The cost of suspending operations to execute TAM ran into hundreds of billions of naira in refineries and petrochemicals plants. It did not favour the aviation industry, the military and nuclear plants because these have human life implications. Predictive maintenance (PdM) strategy was developed to improve on PM, but did not replace it completely. PdM used high technologies to assess the conditions of machines while they are in service to ascertain need of corrective intervention. It took advantages of the facts that equipment failed randomly in such a way that only by monitoring changes in their conditions could failures be discovered and averted, and that majority of failures usually gave warning signals before failures. This mitigated the effects of PM and confined failures within their primary stages. For example, if the lube oil in
GMD, NNPC, Baru a bearing changes by deterioration, it would be detected and replaced instead of allowing it to affect the bearing. However, PdM only delivered about 85% reliability at its best. Even though it improved on PM, it still did not meet the 99.1% required in aviation and nuclear plant operations. For example, commercial airlines in the United States of America could not bear the impacts of PM/PdM on business profits due to the pressure from government in regulating them to prove their maintenance effectiveness for assuring safety of people. About the same time nuclear power plants were enmeshed in insecant accidents that threatened their survival. Lastly, the US department of Defence needed solution for efficient and cost-effective maintenance of the nuclear powered submarines in the Oceans; budgets were not meeting needs of Vietnam War. The United Airlines invested in research to develop maintenance solutions for longer operating hours that would be safe to humans, the environment and at affordable costs. These objectives resulted in reliability centred maintenance (RCM) in the early 90s. RCM is a work process for deciding the appropriate maintenance activities for every machine. Thus maintenance activities were no longer arbitrarily decided. RCM provided a rigorous process based on adequate knowledge of machine functions and failure modes. The airline started using it to develop maintenance plans for new aircrafts before they started flying. The US military adopted it and the nuclear power plants joined suit. Fossil fuel power plants and other critical operations adapted it, too with the result that production machines (Assets) are capable of being in continuous operation for as long as the user desires under defined performance data by optimizing predictive maintenance with touches of PM and BM. Between year 2000 and now, RCM has undergone continuous improvements to enhance performance reliability at reduced maintenance costs. This led to reliability engineering for
managing capital asset life cycles. Industries are now divided into best performing companies (BPCs) on one hand, and the rest of them, on the other hand. BPCs understand maintenance and managing the activities in such a way that resources are applied in the following combination: 85% PdM; 10% PM and 5% BM. No more time-based TAM. In such facilities maintenance people generate 95% of work requests that become work order. A renowned machinery reliability expert documented that refinery in California and Texas successfully operated at 100% full capacity for 8 to 10 consecutive years. They contribute considerable profits to expand their businesses while the rest of them are struggling to survive. BPS already excelled in handling routine maintenance tasks like precision lubrication, alignment, balancing and overhauling based on procedures. They have standards, policies, programs for each task. Employing high technology is an addition. Problems of Production Facilities in Nigeria: The NNPC facilities and the electricity GENCOs and DISCOs are in the rest of them. Their resources utilization is distributed as follows: PdM-5%, PM-10% and BM-85%. 95% of the total work requests are generated by the chief operators. They are incapable of precision maintenance in handling routine maintenance tasks. There are no standards, policies and programs for each task. They employ PdM high technologies in the complete absence of precision maintenance. They shut down more often than necessary due to high rate of equipment failures; long down times and high operating costs. Others are lack of the right knowledge of maintenance, wrong management style, wrong maintenance structure, poor training programs for staff and corruption. Corruption is the king. Their activities are predominantly fixing equipment after they fail. Even where they claim to be practicing PM, they are unable to achieve more than 30% of world-class. They are nowhere close to the use of PdM, talk less of using the reliability management strategy. However, they have purchased the modern gadgets for predictive maintenance but do not
use them to the benefits of the organizations. The maintenance managers focus on day-to-day repair operations and spend 75% of work hours on meeting, signing documents and arguing. There is little planning & scheduling. They lack computerized systems. They cannot make it unless they begin to manage maintenance. This requires training people in a special way to arm them with knowledge, experience and skill. They must have a work culture that rests on standards, policies, procedures and processes. Achievements must be measured and compared to the standards for further improvements. In December 22, 2016, the NNPC refining Chief Operating Officer (Mr. Anibor Kragha) told us of their 2017 plan for holistic approach to be to rehabilitate the refineries and thereafter perform TAM as at when due. From the foregoing it is easy to see that the COO still thinks in the old state; even if a complete new refinery is constructed and handed to them it will be a matter of time to return it to a comatose state. The NNPC facilities are so important to our survival in the present economic recession that everything should be done to assist in getting it right. The government under President M. Buhari has demonstrated unbelievable capability and commitment to combat corruption. If a strategy is developed to hinder refinery management personnel from operating secrete contracting companies the bad days would soon pass us. Those who commented on the poor state of electricity supply emphasize debts owed the DISCOs and GENCOS to be the problem. Be that as it may, I have observed that these facilities do not have the technical competence to handle machinery. Senior machinery engineers are rare to find. These are men and women who motivated themselves to groom talent and have capacity to understand design, and capable of achieving and sustaining reliability at every stage of a machinery life cycle â&#x20AC;&#x201C; specification, detailed design, manufacture, construction, installation, operation, maintenance and de-commissioning. They use probability and statistics to assess machines and decide operating, maintenance and risk plans. No refinery, DISCOs and GENCOs has machinery engineers. This is why many of them have machines not being available. A generating plant in the Niger Delta has only one generator running while three are moribund since the facility was sold to them as private operators in 2013. How can such a facility meet market demand? All they tell us is that they are owed. The DISCOs cannot manage installation of meters to customers between 2013 till date. This demonstrates managerial ineptitude. Enhancing industrial productivity in the present economic recession is mandatory in order to reduce the quantity of imported petroleum products and save our scarce foreign exchange. It will also lead to employing more hands as well as improve the electricity supply problem. Recommendation: Government should set up a team of technically competent people to visit the facilities and evaluate their actual capabilities, recommend solution and pressurise them to change maintenance practices. There is hope of better days for us. This writer is a practicing professional mechanical engineer. He worked for the NNPC refineries in Warri, Port Harcourt and Kaduna for 14 years before he voluntarily retired in 2000 to focus on effective and efficient machinery maintenance management. Today he is a certified machinery engineer. He founded the Rotating Machinery Co. Nigeria Ltd through which they offer machinery reliability improvement management services & supplies. They have supported the Port Harcourt and Warri refineries with a few offshore petroleum drilling companies in a few occasions. He is certified as category II machinery vibration analyst; level I ultrasound specialist; level I machinery lubrication technician. Mr. Onunwor is proficient in oil analysis, alignment and rotor balancing. He is presently concluding the reliability engineering certification program of the Life Cycle Institute at the Ohio State University, Ohio and Clemson University, Greeneville, South Carolina, all in the United States of America. Contact him at Ben.onunwor@ rotatingmachineryng.com
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T H I S D AY ˾ TUESDAY, MARCH 7, 2017
PROPERTY & ENVIRONMENT Concept of Location in Real Estate Needs Reappraisal, Says Udo Okonjo There are some emerging realities in real estate that should cause a relook at the concept of location as an important component, says the Vice Chair of Fine and Country West Africa, Mrs. Udo Okonjo. Reports Bennett Oghifo
L
ocation is considered prime in real estate, but emerging facts, according to the Vice Chair of Fine and Country West Africa, Mrs. Udo Okonjo, has made it imperative to double check this line of investment. This was among the outcomes of Fine and Country West Africa yearly Real Estate Leaders Network (RELN) breakfast Gold Session held at the Radisson Blu Anchorage Hotel, recently. The vision of RELN is to bring together thought leaders and investors in the real estate sector to discuss the economic outlook and provide a guide for real estate opportunities in the year. Leaders ranging from developers, financiers, investors, HNIs, regulators, researchers and marketers, gathered to discuss the roadmap for 2017 after reviewing the recently past year. On hand to drive these discussions were the keynote speaker, Professor Pat Utomi, and the host speaker, Mrs Udo Okonjo. “Real estate as we know it is, however, changing. The concept of location needs a re-look. Prime locations still remain prime locations but some emerging locations are beginning to require a relook at the definition of location,” Mrs. Okonjo said, “Location has to be re-discussed as access is redefining the value of certain locations.”
Another important emerging trend which needs to be explored, she said is the millennia housing market, which is a huge part of the middle income market. “The millennial market basically needs affordable functional spaces- 2 to 3 bedrooms. This market is important for real estate developers as they must begin to target first time home owners and not just repeat buyers. Properties re-engineered and built for solution for these emerging markets.” She emphasised that “even the premium real estate market has its peculiar pockets of opportunities. Prime locations still remain prime locations but properties on prime locations can be re-designed to fit the present day reality. One of which is the apartment style of living as against the villa style. Market intelligence is increasingly pointing towards affordability and accessibility, which does not necessarily imply low cost housing. Oakwood residences typifies this model of market intelligence- contemporary apartments in the prime Ikoyi suburb” She said the confidence level of diaspora investing should be addressed and developed to attract direct foreign investments, and that there are retail hub opportunities in locations like Ikoyi and Lekki Phase 1 since “these locations do not have
L-R: Chairman, Aso Investment and MD GMOM Group, Mr. Collins Chikeluba; CEO and Vice Chair at Fine and Country West Africa, Mrs. Udo Okonjo; keynote speaker, Prof. Pat Utomi; and Chief Consultant, BAA Consult, Dr. Biodun Adedipe, at Fine and Country’s Real Estate Leaders’ Network Breakfast Session, held at Radisson Blu Anchorage Hotel, Lagos... recently
primary retail hubs and the current Lekki Phase 1 Admiralty road stores already mirrors a retail high street. This shows the already existing need for a retail hub.” This year’s theme was ‘Economic and Real Estate Outlook 2017: Investing in challenging times.’ This theme was borne out of the need to champion discussions around identifying where the opportunities are in the perceived challenging times. Udo Okonjo observed that, “It is needless to say that there are pockets of opportuni-
ties, the question to answer now is, where these pockets of opportunities are?” She described the real estate sector as a mirror of the economy, saying the real estate sector directly reflects the economic status of the nation. In the same vein, Dr. Biodun Adedipe, a contributor to the discussion held that crisis in the housing/ real estate sector has twice as much effect on the GDP as that of the financial sector. Thus, the real estate sector is, arguably, an institutional determinant of any nation’s
store of wealth. The key note speaker, Professor Pat Utomi, referred to how J.R. Simplot, the father of frozen French fry in America, built his billion dollar potato business during the great depression of the 1920s. Hence, professor Utomi’s stand that foolishness actually ends and those who realise that foolishness ends will enjoy the first movers’ advantage. His session focused on four growth drivers’ framework; policy choice, institutions, human capital and entrepreneurship. “These
variables are largely determined and influenced by leadership. Leadership determines the melting point amongst these independent variables. Uzo Oshogwe, Managing Director, Afriland Properties Plc, moderated the contribution session and was also on hand as a resource person. She stated that the last two years have rearranged the focus of developers. “Unlike what was obtainable in the past- building for off-loadersproperties are now built with functionality at the key front.”
Mortgages Foreclosure Bill based on NMRC’s Model Mortgage and Foreclosure Law. He commended the efforts of the Counsellor to the Governor, Mr. Jimi Lawal and the NMRC team in bringing the consultations and engagement to fruition through the signing of the MoU. Prof. Inyangete thanked the government and the key stakeholders that made the partnership reality. He restated NMRC’s commitment to supporting the people and government of Kaduna State
in working together to break down the encumbrances to mortgage and home ownership. He commended the state’s leadership and efforts in this regard and invited the government to key into its recently launched Mortgage Market System - which integrates the financing operations of the key components of the entire housing value chain, from construction finance, to primary mortgage origination and administration to secondary market mortgage refinancing.
NMRC Partners Kaduna on Mortgage, Home Ownership Bennett Oghifo The Nigeria Mortgage Refinance Company Plc., (NMRC) has signed a memorandum of understanding with the Kaduna State Government to boost homeownership through mortgage. Kaduna State’s Deputy Governor, Bala Bantex signed the pact on behalf of the government, with the consent of Governor Nasir El-Rufai, and the Managing Director of NMRC, Professor Charles Inyangete signed on behalf of
the refinancing company. The MoU, signed at the government house in Kaduna on March 2, this year, is positioned as a framework agreement for various collaborations between NMRC and Kaduna State in the government’s determined and structured efforts to institute a strong investment climate for affordable home ownership for its citizens. The Agreement, among other terms of reference, covers the government’s planned Millennium City Project to provide affordable housing for citizens, as well
as a commitment to support the provision of single digit mortgages through the creation of a sinking fund for citizens and public servants in the state. The Deputy Governor noted that the partnership, apart from enabling affordable housing provision, also presented tremendous opportunity for the administration to meet critical and strategic initiatives in job creation and poverty alleviation. “Home ownership is one of the critical paths to migrating citizens out of poverty,” he said and re-stated
the government’s commitment to lifting its citizens out of the poverty trap through intervention in three key sectors – agriculture, mining and housing. In noting the prevalent challenges to providing affordable housing, including market interest rates and dearth of affordable housing supply, the Deputy Governor stated that the Government is quite delighted at the opportunity to partner with NMRC to address these challenges, and to speed the adoption and passage of the draft Kaduna
RCCG’s City of David Builds Trinity Towers Pracht Gardens Estate Ready Next Month Bennett Oghifo The nation’s first three-tower structure is being built by The City of David, a parish of the Redeemed Christian Church of God (RCCG). The high-profile facility, known as Trinity Towers, is located opposite the church auditorium in Oniru Estate, Victoria Island, Lagos. Each tower has 13 floors. It will be an integrated family centre in a neighborhood steeped in history, yet at the forefront of the future. City of David, which is led by Pastor Idowu Iluyomade, holds
strongly to the philosophy of Church Social Responsibility (CSR) in addition to having a spiritual impact. Consequently, the church is deeply involved in community and social development, making the Trinity Towers an extension of City of David’s contributions in various spheres of influence. These include projects and programmes such as the Healing Stripes Hospital, which provides highly subsidised healthcare services, including dialysis. The Arise Women mobile clinic takes free quality healthcare delivery to the doorsteps of the medically
deprived citizens in the state. Another programme involves feeding up to 60,000 people weekly. Infrastructure projects are not left out as the church has installed street lights in Navy Town and Mushin which have helped to reduce crime rates in those communities. In the field of education, the church has established schools and provides free education and feeding in some of them. Furthermore, in partnership with sister churches, the church has equipped 125 out of a planned 500 public primary school libraries in Lagos State.
The Managing Director and Chief Executive Officer of Buildcon Global Services Limited Mrs. Bukunola Gadzama has stated that the Pracht Gardens Estate located in Ikota area of Lagos would be ready next month. The Pracht Gardens Estate sits on 21,000 metres square parcel of land in Ikota, before Victoria Garden City, in the Lekki area of Lagos State. It consists of 40 units of four and five bedrooms fully detached duplexes, as well as four bedrooms terraces.
Gadzama said facilities in the estate include a water treatment plant; fully paved road; suitable shopping centre; 24 hours security electrical power transformer; closed-circuit television (CCTV) security technology; ample parking space; power supply and distribution; street lights; recreational centre for children; crèche, as well as electrical fence wire. “It is designed with affordability in mind and zero compromise on quality and finesse to meet the needs of subscribers,” she said.
Gadzama said the estate is designed with up to date facilities and that it was comparable to those in other parts of the world. The estate, she said is structured to meet the basic requirements of subscribers who have taste for luxury, adding that it is being constructed by highly skilled architects and engineers. Meanwhile, subscribers have expressed delight over the architectural skills displayed by Buildcon Global Services Limited in the construction of the estate.
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T H I S D AY ˾ TUESDAY, MARCH 7, 2017
PROPERTY & ENVIRONMENT
Itedo Land: Court declares Bela Vista Property Development Company owner Fadekemi Ajakaiye A Lagos High Court presided over by Justice Oyekan Abdullahi, has declared Bela Vista Property Development Company Limited owner of Itedo land which had been a subject of dispute and litigation between Bela Vista & co defendants on one hand, and some members of Itedo community as plaintiffs on the other hand. Delivering his judgment on November 29, 2016, in a 20 year old Suit instituted by the Itedo Community against the Attorney General of Lagos State, Elegushi Property Investment Company Limited, Bela Vista Property Development Company Limited, Chief Kehinde Elegushi (Odofin of Ikate Land), Chief Lamidi Elegushi (Eletu of Ikate Land), Chief Karimu Bakare (Aro of Ikate Land) and Chief Morufu Elegushi (Olisa of Ikate Land), Justice Abdullahi, declared that the irrevocable Power of Attorney given to Bela Vista Property Development Company Limited by the Elegushi Property Investment Company Limited is valid and that the company is the owner of the entire land measuring 113.884 hectares covered by the irrevocable Power of Attorney, while also declaring that all persons presently occupying the land are encroachers. The Court therefore granted
an Order of Possession in favour of Bela Vista Property Development Company Limited to all the portions of the land encroached upon by the Itedo community and all the people who derived their titles from them. The Court in its judgment further declared that the Irrevocable Power of Attorney given to Bela Vista Property Development Company Limited by the Elegushi family is valid and that the company is the owner of the land covered by the Irrevocable Power of Attorney registered as No. 99, Page 99, Volume 1926 granted to it by the Elegushi family. Furthermore, the Court granted an Order of Perpetual Injunction restraining the Itedo community from committing any further acts of trespass on the land. The sum of N250, 000.00 (Two Hundred and Fifty Thousand Naira) was subsequently awarded to Be\a Vista Property Development Company Limited as damages for the trespass by the claimants. The Land in dispute is edged pink in Plan No. BAASS.096/LAG/97 dated January 6, 1998 which formed part of the land of the Elegushi Family under Yoruba native law and custom. The said land was later sold to Bela Vista Property Development Company Limited in 1991 by
the Elegushi Family and an Irrevocable Power of Attorney registered as No. 99, Page 99, Volume 1926 was executed by the family in favour of Bela Vista Property Development Company Limited. The claimants in the Suit over the parcel of land which formed the subject matter of Suit No: LD/2275/1996 before Justice Abdullahi of the Lagos High Court are Most Rev. Apostle Seblon Harrison Ikuegbowo, Emmanuel Ogunsade, Prince Jibowu Megba, Topia Oroale and Sanni Jetro Harrison for themselves and on behalf of all members of Itedo community. They had prayed the Court for a declaration that the Claimants in the Suit are entitled to a Customary/ Statutory Right of Occupancy for Itedo Land and Order compelling the Lagos State
Government to issue a Certificate of Occupancy to them. This parcel of land forms part of the 113.884 hectares of land covered by an Irrevocable Power of Attorney registered as No. 99, Page. 99, Volume 1926 of the Lagos State Lands Registry, Alausa, which was donated to Bela Vista Property Development Company Limited by Elegushi Property Investment Company Limited on December 20, 1991. But Itedo community instituted this action at the High Court of Lagos State to claim title and ownership to a large parcel of land measuring approximately 67 hectares situate at Ikate Elegushi, 3rd roundabout Lekki-Epe in the Eti - Osa Local Government Area of Lagos State and for orders seeking to set aside the Certificate of Occupancy of Elegushi Property Invest-
ment Company Limited dated September 19, 1990 and registered as No. 60 at page 60 in Volume 1990AK measuring approximately 506 hectares. Bela Vista as the 3rd Defendant/Counter-Claimant in the Suit, decided to file a Counter-Claim against Itedo community and sought Orders to restrain them from trespassing on its land. Bela Vista also prayed the Court to declare that its root of title derived from the Elegushi Property Investment Company Limited is valid and that by virtue of the sale of the land to it, it is entitled to exercise all the rights of ownership, total control, management, enjoyment, possession, occupation and superintendence of the land marked as A, B, C, D. measuring in aggregate 113.884
hectares more particularly delineated and marked Red in the Survey Plan No. LS/D/ LA/340 dated 15 of August, 1991 drawn by Surveyor Biodun Akinyemi. However, Mr. Abumere Osara, a lawyer at Femi Okunnu & Co., a law firm, who handled the case has noted that “It has come to our knowledge that members of Itedo community despite this judgment and the consequent orders of the Court, are still offering this same land to unsuspecting members of the public. Members of the public are hereby enjoined not to have any further dealings with Itedo community or any of its representatives with respect to the above mentioned parcel of land, as anyone who does so, would be doing it at his or her own risk.”
Oak Homes Unveils Affordable Luxury Fadekemi Ajakaiye Oak Homes, a real estate development company in Nigeria, unveiled its luxury projects at an official launch recently in Victoria Island, Lagos. The launch was attended by high profile personalities who had the first opportunity to be part of the vision of the
organisation. At the launch, Oak homes enhanced its brand and unveiled several top notch developments in her portfolio while guest were treated to an array of visuals of luxury apartments under the organisation’s portfolio in addition to well-lined up activities. Mr Olukayode Olusanya, the CEO of Oak Homes stated that
Luxury is not managed, rather, it is expressed. He said that the sector of the market it plays in, is such that the clients are well informed, well-travelled and have a minimum expectation of luxury living. He listed upscale and serene environments like Oniru, Victoria Island and Ikoyi as some
of the selected locations with a guarantee of luxury, individuality and security specifically put in place by the organisation. He said the company has a qualified team of facility managers who ensure that the luxury buildings are preserved as Legacies, work of Art and pure imaginative thinking, he said.
A Tiring Drive with Tireless Fashola For three consecutive days, the Minister of Power, Works and Housing and former Lagos State governor, Mr. Babatunde Raji Fashola, crisscrossed the six states in the South-south geo-political zone, assessing the state of the roads and monitoring progress reports both in the works and the housing sectors. Olawale Olaleye reports
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If you noticed, for the first 20 minutes, I wasn’t talking to anyone. I was trying to locate myself on the map for a clearer picture of what I’d studied of the roads. With this job, you must get your geography right. I haven’t been here before, but I had studied the map and seen these locations. So, I was just making sure that what I studied on the map is the same scheduled. The roathe dualisation of the Sapele-Ewu road (Section 1) and Sapele-Agbor, both of which are being done by CGC. But Fashola could not stop by at the Government House for a courtesy call as both the governor, Senator Ifeanyi Okowa and his deputy, Kingsley Otuaro were not in town, apparently on duties outside the state. Fashola was however met on the site of the Sapele-Ewu-Agbor road by Senator Ovie Omo-Agege, an old classmate of his, who took the project very seriously and pledged support to work with the minister on the successful completion of the road. But the minister also hinted that it was Hon. Halims Agoda, who first brought the state of the road to his attention, with Omo-Agege following up, albeit in collective interest. The minister promised some of the youths who had come to the site to protest the state of the road that it was already a done deal, especially with his friend now assigned as the unofficial monitoring agent for the road. He said the social and economic importance of the road was not lost on him and would ensure that it was brought back to shape. The road was kicked off for construction in 2014 by the Goodluck Jonathan administration, apparently for election purposes but left in its decrepit state immediately the PDP lost. Departing Asaba, the minister headed straight
Minister of Power, Works and Housing, Mr. Babatunde Fashola and contractors on the site of the rehabilitation of the Umuahia-Ikot Ekpene road… recently
to his final port of call, Edo State, where he inspected the ongoing dualisation of the LokojaBenin road, Section IV and the Ehor-Benin road being handled by RCC Nigeria Limited. It was while on the site of the construction that the state’s deputy governor, Comrade Philip Shaibu came around and met with the minister. There, the deputy governor did further briefing on the road that was already nearing completion, while the minister pledged consistent and necessary support for the benefit of the people. Shaibu also asked to take the minister to a section of the road that had almost caved in as a result of erosion. The place had already been cordoned off. But the minister, after seeing the frightening sight and the danger it posed, immediately called for urgent intervention “because this is an emergency”. From the scene, he left for the airport, where he finally
returned to base in Abuja. But while riding on the bus together, the deputy governor made him to speak to the governor, Godwin Obaseki, to acknowledge his presence in the state, with a promise by the minister to come back sometime soon. In all, there were so many takeaways from the tour, but two actually stand out as profound. One, for 16 years, the PDP whose governors are complaining of no federal presence in their respective states was in power. Not only that, it was an era the nation had a lot of money to play around with yet with nothing to show for it. It is therefore a sad irony that the governors had the temerity to complain to an APC government that is barely two years in office of lack of federal presence. That’s a lesson, of course, for the voting population on the
need to make a wise choice whenever there are crucial elections. The second outstanding takeaway is that, like a majority of the people had acknowledged, there is a minister in the person of Fashola in whom they all have unflinching confidence would deliver. Not one person doubted the fact that in spite of the challenges the nation generally faces at this time of the hard biting recession that Fashola would perform by living true to type as an accomplished administrator. This was however given fillip to by a majority of staff of the ministry who hinted that it was the first time a minister would take up such a tiring task, even when they all concurred that it was the only way to ascertaining the facts on the ground. Some of the controllers who spoke off-the-record said the closest they have had was a minister randomly visiting a construction site of interest and perhaps, not too far from there is another federal government project he would be persuaded to visit. Evidently, the tour had also afforded Fashola to see and assess some of the controllers in the different states. There is no doubting the fact that from the interactions witnessed on the bus, some controllers are going to lose their jobs, if not outright but redeployed. They displayed poor knowledge of their states as well as a very bad understanding of the dimensions of the jobs under their care. Imagine a controller describing a distance of about three kilometres as 700 meters? That was too elementary to be condoned by anyone. What about a controller that was not interested in a court case that had stalled the progress work on a certain road because he thought it was not within his purview? Some do not even know the names of the areas the roads are sited.
T H I S D AY Ëž Ë&#x153; ÍľË&#x153; 2017
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BUSINESS/MONEYGUIDE
NDIC: Insider Loans Affecting Banking Industry Damilola Oyedele Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The Nigeria Deposit Insurance Corporation (NDIC) has said insider loans, which constitute a higher percentage of non- performing loans in the industry, have negatively affected the sector. This is as the agency called for the enactment of legislation to prohibit insider loans, such as bank owners or directors taking loans from their own banks, except for housing and car loans, which should first be approved by the Central Bank of Nigeria (CBN). The Board Secretary /Director (Legal) of the NDIC, Mr. Belema Taribo said these in his submission at the public hearing on four critical economic bills, by the House of Representatives Committee on Banking and Currency, yesterday. He however did not disclose the worth of the
non-performing insider loans. The committee is chaired by Hon. Jones Chukwudi Onyereri. Taribo was making a submission on the bill â&#x20AC;&#x153;a bill for an Act to Amend the Banks and Other Financial Institutions Act, to among other things, establish a Deposit Fund at the CBN, for Standardisation and Management of Dormant Accounts, to conform with international best practice and eliminate the possibility of banks converting dormant accounts balances into income and to strengthen risk management and internal control processes. Taribo also advised that accounts operated by government ministries, departments and agencies should not be exempted from the legislation regarding dormancy of accounts. This, he said was necessary, due to the unscrupulous practice by heads of some of the MDAs,
who secretly lodge government funds in commercial banks. Some of such accounts have become dormant for various reasons like the sudden sack of the head of the agency, or demise. â&#x20AC;&#x153;Even though we have the TSA (Treasury Single Account) now, these accounts (belonging to MDAs) are still all over the place,â&#x20AC;? he said. An official of the CBN, Mr. Kofo Abdulsalam, who lauded the proposal for the legislation, however pointed out several limitations of the bill, and expressed readiness of officials of the apex bank to work with the committee to fine-tune relevant details. Abdulsalam said the committee apex bank is concerned about the protection of depositors, and urged that banks be required to disclose all details regarding dormancy of accounts to potential customers at the point of signing on.
CBN to Sell N1.130bn Treasury Bills in Second Quarter Obinna Chima The Central Bank of Nigeria (CBN) said it plans to issue treasury bills worth N1,129,855,189 in the second quarter of the year. According to the CBNâ&#x20AC;&#x2122;s Nigerian Treasury Bills issue programme posted on its website yesterday, 91-day treasury bills issue worth N242,673,157 would be sold in next quarter. In the same vein, 182-day valued
at N197,891,045 would be issued during the period, just as 364-day bills valued at N689,290,987 would also be auctioned by the regulator next quarter. Meanwhile, the naira closed at N460 to the dollar at some parallel market points in Lagos yesterday. The interbank forex market traded $540,000 in early deals at N375 per dollar, near a record low exchange rate hit last November, Thomson Reuters
data showed on Monday. The local currency traded at a record low of N375.50 to the dollar last November on the official interbank market before it reversed losses. The interbank market traded a total of $3.77 million at multiple exchange rates on Monday, the data showed. Traders said banks were selling dollars bought from international money transfer agents to retail customers at N375.
BoI Raises MSMEs Funding by 42% James Emejo Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The acting Managing Director, Bank of Industry (BoI), Mr. Waheed Olagunju has said the bank would sustain annual increment in micro small and medium enterprises (MSMEs) financing going forward. Already, the bank had increased disbursement to small businesses to N8 billion in 2016, representing 42 per cent increment from N5.6 billion in 2015. The BoI acting MD said the increment would ensure more Nigerians get access to finance to create opportunities for rapid development of the country. Speaking shortly after receiving an award from the Alumni As-
sociation of the National Institute (AANI) for the development financeâ&#x20AC;&#x2122;s efforts at financing development across the country under his leadership, it was gratifying that the efforts of the bank were being noticed in all sectors of the economy. The award was given at the 37th annual general meeting (AGM) of the association held at the National Institute of Policy and Strategic Studies in Jos, the Plateau State capital. The President of AANI, Major General, Lawrence Onoja (Rtrd), while presenting the award, noted that the contributions of the BoI in providing financial supports to enterprises across the country had endeared the
bank to the association. He said: â&#x20AC;&#x153;We are recognising Waheed Olaguju for his efforts in financing developments across the country.â&#x20AC;? Olagunju, however, described the gesture as a positive feedback mechanism for BoI even as he dedicated the award to â&#x20AC;&#x153;every persons whose lives have been impacted positively through the services of the bankâ&#x20AC;&#x2122;. He said: â&#x20AC;&#x153;It is gratifying that the work of the Bank of Industry under my leadership is being recognised by virtually all segments of the Nigerian society. It is a good feedback that we are getting because we are Nigeriaâ&#x20AC;&#x2122;s premier and leading finance institution.â&#x20AC;?
LSETF Launches Online Application Portal Aligning with its values of being a catalyst to create an enabling environment for small businesses to thrive in Lagos State, the Lagos State Employment Trust Fund (LSETF) has launched its Programme Application Loan Management â&#x20AC;&#x201C; Portal. The agency pointed out that with the online application portal, its loan application process is now fully automated making it easy and convenient for Micro, Small and Medium Enterprises (MSMEs) based in Lagos State to send in their applications online and take advantage of
the LSETFâ&#x20AC;&#x2122;s loan programmes. The Executive Secretary, LSETF, Akin Oyebode, said in a statement: â&#x20AC;&#x153;Our application portal is a software solution to be utilised for Beneficiary Selection and Verification for the purpose of the LSETF loan programmes. â&#x20AC;&#x153;By visiting the LSETF website, start-up micro enterprise can apply to get up to 250,000, micro enterprises can apply to get up to N500,000, while Small and Medium Scale enterprises can apply to get up to N5 millionâ&#x20AC;?. Oyebode said in keeping in line with our mandate, the
LSETF has been charged with the responsibility of finding simpler and sustainable ways for all registered residents of Lagos State to gain access to our loan programmes based on our varying categories. â&#x20AC;&#x153;With the new portal, we will do away with paper based applications, as applicants will start and end the loan process online. For those applicants who are unable to go online, we have set up liaison offices in 20 LGAs, residents can visit their respective Local Government and apply for their loans there,â&#x20AC;? he added.
Banking hall
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
20
120.47
120.47
Stanbic IBTC Ethical
1
1.10
1.13
Stanbic IBTC GIF
142.90
143.38
UBA Balanced Fund
1.2563
1.2493
UBA Bond Fund
1.3443
1.3443
UBA Equity Fund
0.8205
0.8074
UBA Money Market Fund
1.1510
1.1510
ARM Aggressive Growth Fund
N13.0544
N13.4480
ARM Discovery Fund
N288.2515
N296.9425
ARM Ethical Fund
N22.5268
N23.2060
ARM Money Market Fund
13.1030 (Yield % )
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; ͯͲϹ
OPEC DAILY BASKET PRICE AS AT TUESDAY 28, FEBRUARY 2017 The price of OPEC basket of thirteen crudes stood at $53.40 a barrel on Tuesday, compared with $53.85 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 TUESDAY MARCH 7, 2017
31
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T H I S D AY Ëž Ë&#x153; ÍľË&#x153; Í°ÍŽÍŻÍľ
MARKET NEWS
Access Bank Grows Profit to N71.4bn, Pays 40k Final Dividend Goddy Egene and Nosa Alekhuogie Access Bank Plc yesterday announced its financial results for the year ended December 31, 2016, declaring a profit after tax (PAT) of N71.4 billion. According to the audited financial results released to the Nigerian Stock Exchange (NSE) yesterday, Access Bank Plc recorded revenue of N381.3
billion, showing an increase of 13 per cent above the N337.4 billion in 2015. Net interest income rose by 32 per cent from N105.4 billion to N139.1 billion, while non-interest income grew marginally by 3.5 per cent to N134 billion, from N129 billion the previous year. Credit impairment charges stood at N22 billion, up by 54.3 per cent from N14.2 billion, while operation expenses rose by 10.1
T H E
per cent to N160.35 billion, from N145.6 billion. Profit before tax (PBT) grew by 20.4 per cent to N90.3 billion, from N75.0 billion, just as the bank ended the year with a PAT of N71.4 billion, up 8.5 per cent from N65.9 billion in 2015. Access Bank grew its deposits to 2.256 trillion, showing an increase of 28.8 per cent from N1.756 trillion, just as loans and advances rose to N1.855 trillion, from N1.409
N I G E R I A N
trillion. Shareholders are to receive a final dividend of 40 Kobo per share bringing the total dividend for the year to 65 Kobo per share. Commenting on the results, Group Managing Director/Chief Executive Officer, Herbert Wigwe said: â&#x20AC;&#x153;The full year 2016 results demonstrate the effective execution of our strategy underpinned by a robust risk management framework. With
STO C K
strong business fundamentals, our position in the top tier was further consolidated in the industry.â&#x20AC;? He noted that Access Bankâ&#x20AC;&#x2122;s robust and proactive risk management practices and focus on high quality corporates ensured that the bank maintained an non-performing loan (NPL) ratio of 2.1 per cent, well below the industry average, whilst retaining a healthy balance sheet growth.
E XC H A N G E
Prudential ratios remained strong and well above the regulatory limits with capital adequacy and liquidity ratios of 21.2 per cent and 43.6 per cent, respectively, consequently allowing the necessary headroom for growth. Wigwe said: â&#x20AC;&#x153;We remain cautiously optimistic about the macroeconomic environment in 2017, nonetheless, our objective of delivering sustainable shareholder value remains unchanged.
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˾ TUESDAY, MARCH 7, 2017
MARKET NEWS
DMO Commended on Successful FGN $1.0bn Eurobond Goddy Egene The Chief Executive Officer of Stanbic IBTC Holdings Plc, Mr. Yinka Sanni has lauded the efforts of the Debt Management Office (DMO) in successfully raising $1.0 billion through Eurobond in the international capital markets on behalf of the Federal Government of Nigeria (FBN). Speaking at the ceremony to commemorate the listing of the bond on the FMDQ OTC Securities Exchange in Lagos, Sanni said: “We wish to first and
foremost congratulate the FGN, as this is indeed a testament to international investor confidence in Nigeria’s roadmap towards economic recovery and growth. We equally wish to congratulate the Federal Ministry of Finance team, led by the Honourable Minister of Finance (Mrs. Kemi Adeosun), for a job very well done on this highly successful return to the international capital markets. The overwhelming success of the transaction on the whole evidences the underlying potential of Nigeria, and Stanbic IBTC Capital Limited
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
is indeed proud to be part of this transaction. We are also pleased to sponsor the quotation of this Eurobond on FMDQ’s platform.” In his speech, the Director General of DMO, Dr. Abraham Nwankwo said the transaction was the longest tenored debt security (15 years), issued by the FGN in the international capital markets. “The transaction also marked the first outing by the FGN since 2013, and the first issued by a sovereign from Sub-Saharan Africa in 2017,” he said.
floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 3-Mar-2017, unless otherwise stated.
While emphasising the nation’s recognition that the wide infrastructural gap, which constrains the development efforts of the nation, could be better matched by tapping into long-term financing options, via domestic and foreign debt capital markets, Nwankwo underscored the confidence of the international markets in the potential of Nigeria’s economic development as evidenced by the over-subscription in the Eurobond. Also speaking, Managing Director/CEO of FMDQ, Mr.
Bola Onadele. Koko said the exchange shall continue to lead the revolution in the development of the Nigerian OTC markets by providing credible market structures to aggregate all trade data of its Dealing Members acting as liquidity providers to the various products on its platform, ensuring continuous information symmetry. “ Whilst FMDQ continues to lend its itself as a worthy and operationally excellent platform, serving as the point of integration between the domestic
and international markets, it is expected that this laudable step paves the way and encourages the corporates to follow the FGN’s lead towards deepening the Nigerian debt capital market,” he said. Onadele added that the need to develop Nigeria’s bond market to bridge the prevailing long-term financing gaps, has been remarkably underscored by the symbolic listing of the Eurobond on the FMDQ, the debt capital market -focused OTC exchange in Nigeria.
Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 127.22 127.57 0.11% Nigeria International Debt Fund 219.82 220.32 2.08% 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 -1.35% 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 17.56% 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 11.97 12.33 -3.04% ARM Discovery Fund 283.22 291.76 -1.38% ARM Ethical Fund 21.85 22.51 -2.20% ARM Money Market Fund 1.00 1.00 15.88% 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 105.10 105.83 0.01% AXA Mansard Money Market Fund 1.00 1.00 17.36% 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 2.21 2.26 1.59% Paramount Equity Fund 9.38 9.62 0.21% Women's Investment Fund 86.41 88.63 2.15% 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 17.52% 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 1,134.99 1,139.10 1.08% FBN Heritage Fund 106.63 107.08 -1.96% FBN Money Market Fund 100.00 100.00 7.70% FBN Nigeria Eurobond (USD) Fund - Institutional $100.48 $101.39 0.93% FBN Nigeria Eurobond (USD) Fund - Retail $100.39 $101.31 0.85% FBN Nigeria Smart Beta Equity Fund 97.32 98.51 -2.09% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 0.94 0.95 0.53% Legacy Short Maturity (NGN) Fund 2.63 2.63 2.49% 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 2,165.91 2,190.79 -1.97% Coral Income Fund 2,170.43 2,170.43 3.14% 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 17.21% 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 16.80% Vantage Balanced Fund 1.68 1.70 0.09% Vantage Guaranteed Income Fund 1.00 1.00 15.64%
LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.00 1.02 1.15% Lotus Halal Fixed Income Fund 1,020.93 1,020.93 1.80% 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 9.52 9.61 -1.42% Meristem Money Market Fund 10.00 10.00 15.30% 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 1.07 1.09 1.64% PACAM Fixed Income Fund 10.42 10.45 0.10% PACAM Money Market Fund 10.00 10.00 16.21% 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 110.68 111.58 8.71% 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 1.27 1.27 1.75% 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 1,819.04 1,828.68 -0.68% Stanbic IBTC Bond Fund 153.73 153.73 -0.15% Stanbic IBTC Ethical Fund 0.75 0.75 -2.60% Stanbic IBTC Guaranteed Investment Fund 190.90 190.90 2.15% Stanbic IBTC Iman Fund 127.15 128.82 -2.05% Stanbic IBTC Money Market Fund 100.00 100.00 17.41% Stanbic IBTC Nigerian Equity Fund 7,239.40 7,327.22 -4.51% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.13 1.14 8.39% United Capital Bond Fund 1.27 1.27 15.86% United Capital Equity Fund 0.64 0.65 -0.95% 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 9.56 9.73 -0.63% Zenith Ethical Fund 11.04 11.14 1.16% Zenith Income Fund 17.18 17.18 3.99%
REITS NAV Per Share
Yield / T-Rtn
11.41 124.66
1.01% 0.98%
Bid Price
Offer Price
Yield / T-Rtn
7.65 70.14
7.75 71.46
-12.80% -7.44%
Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
2.72 5.81 11.19 14.95 123.32
2.76 5.89 11.29 15.15 125.32
-1.07% -17.26% -6.64% -6.23% -5.01%
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.
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VACANCIES
We are a leading indigenous downstream Oil and Gas Company in Nigeria. As a result of expansion and new business opportunities within the group, we seek for immediate employment professionals with cognate work experience, strong academic credentials and the right attitude to work who will deliver value to stakeholders. operations, driving the achievement of growth, governance policies and management of business risks and ensures a consistent focus on profitability.
1. Group Managing Director (GMD) The successful candidate will be responsible for profitably growing the group’s business by setting the strategic priorities, direction, implementing the corporate vision, mission and ensuring the achievement of the short and long term goals of the group.
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Duties and Responsibilities: Develop and execute strategies to boost sales and profits of the group as well as plan for future prospects Prepare and implement comprehensive business plans to facilitate overall growth via cost-effective operations and business development activities Oversee the group’s financial performance and investments Network with clients (existing and potential) and competitors in the market to optimise business performance. Set annual business goals and assign targets to subsidiary entities Develop a high performance team culture within the group and maintain a positive working environment that encourages team work, efficiency and effectiveness Perform other functions related to the office of the GMD or as may be delegated by the Group Executive Chairman (GEC). Qualifications and Experiences Minimum of Bachelor’s Degree in Management, Finance, Economics, Engineering, Physical Sciences, etc. Minimum of 20 years post-qualification experience in the Oil & Gas downstream sector out of which 10 years must have been spent at a Senior Management level A postgraduate qualification in a relevant discipline preferably MBA degree. Professional memberships of relevant bodies in the Oil & Gas industry e.g. Institute of Petroleum Energy Marketers (IPEM), Society of Petroleum Engineers (SPE) or other relevant bodies The position requires a vibrant, matured and enthusiastic professional with an in-depth knowledge of the downstream sector, its dynamics and supply/value chain management.
2. Group Executive Director (GED)
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Assist the GMD in setting the group’s vision, strategic business priorities, direction and driving the achievement of growth. -
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Duties and Responsibilities: Provide strategic direction and oversight to the management team to drive the business towards profitable and sustainable growth Monitor and control the group’s performance and finances in accordance with approved budgets Articulate and oversee the translation of high level corporate strategies and growth plans into business and operational strategies Monitor the Group’s performance to ensure effective implementation of the recommendations of the board Role model ethical behaviour and support the embedment of a fair and supportive culture Manage relationships with all viable business partners Perform other functions related to the office of the GED or as may be delegated by Group Managing Director (GMD). Qualifications and Experiences Minimum of Bachelor’s Degree in Management, Finance, Economics, Engineering, Physical Sciences, etc. Minimum of 18 years post-qualification experience in the Oil & Gas industry out of which 8 years must have been spent at a Senior management level A postgraduate qualification in a relevant discipline preferably MBA degree. An all-round experience in Downstream Marketing, Supply & Distribution, Operations Management, Corporate & Strategic Planning, People Management etc. Professional memberships of relevant bodies in the Oil & Gas industry e.g. Institute of Petroleum Energy Marketers (IPEM), Society of Petroleum Engineers (SPE) or other relevant bodies
3. Chief Operating Officer (COO) The position reports to the Group Executive Director (GED) and has primary responsibility for setting and executing the strategic business direction, development and oversight of all entity
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Duties and Responsibilities: Support the GED in providing strategic direction, exemplary leadership and guidance for SBU to achieve set objectives Identify new business initiatives and expansion opportunities that align with the SBU’s business goals and strategic growth plans Develop business models that support corporate strategies as well as improve the quality and volume of client portfolio Set the annual performance targets for SBU Prepare and presents periodic business performance reports to the GED and makes recommendations for improvement Maintain knowledge of industry trends and developments as well as ensure compliance to SBU’s In-house policies and procedures Liaise with the Group Head, Treasury and Financial Services in planning budget, making financial projections and recommendations to GED Lead the company-wide annual business planning and budgeting process Articulate and oversee the translation of high level corporate strategies and growth plans into operational goals. Analyse market trends; keep an eye on competition and come up with new ways of staying ahead in the business. Perform other functions related to the office of the COO or as may be delegated by the GED. Qualifications and Experiences Minimum of Bachelor’s Degree in Management, Finance, Economics, Engineering, Physical Sciences, etc. Minimum of 15 years post-qualification experience in the Oil & Gas industry out of which 7 years must have been spent at a Senior management level A postgraduate qualification in a relevant discipline preferably MBA degree. Professional memberships of relevant bodies in the Oil & Gas downstream sector e.g. Institute of Petroleum Energy Marketers (IPEM), Society of Petroleum Engineers (SPE), or other relevant bodies Strong Commercial Orientation. Should have industry knowledge and respectable contacts within key Government Ministries/Departments and Regulatory Bodies.
4. Group General Manager, Audit and Investigation This position reports to the Group Executive Chairman (GEC) and is responsible for providing an independent and objective view on the activities of the SBUs and the Group, evaluating and improving the effectiveness of controls and governance processes. -
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Duties and Responsibilities: Develop internal audit policies, strategies and action plans to promote a culture of transparency and accountability Monitor the implementation of the Internal Audit programmes to ascertain the degree of compliance with company approved policies and operating procedures, laws, regulations and code of good business practices Assess the effectiveness of established business control policies, processes and procedures and communicate identified weaknesses to management with appropriate recommendations Continuously review/assess the business and operational risks in order to proactively establish appropriate mitigating measures Conduct follow up reviews and resolve control issues arising from internal and external audit exercises. Liaise with the Treasury and Financial Control team and statutory auditors to agree scope and information requirements for the successful conduct of the annual statutory audit programmes Supervise and coordinate year-end inventory count and periodic fixed asset verification exercises. Oversee and coordinate the preparation and execution of the internal audit plans/programs and ensure adherence to specified timelines and actions Approve and coordinate the conduct of investigations into
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suspected fraudulent/sharp practices across the group and recommend the appropriate line of action in response to findings. Allocate audit and investigation teams to Strategic Business Units and Business Support Services units for the interim and annual audits Generate necessary reports to management as at when required Perform other functions as may be delegated by the Group Executive Chairman (GEC) Qualifications and Experiences Minimum of Bachelor’s Degree/HND in Accounting or a Finance related discipline (Second Class Upper Division / HND Upper Credit) Minimum of 15 years relevant experience, 7 of which must have involved responsibility for managing internal control, audit and investigation in a similar company or other business within the oil and gas or banking/financial industry Relevant professional certifications e.g. Institute of Chartered Accountants of Nigeria (ICAN), Certified Internal Auditor(CIA), Association of Chartered Certified Accountants (ACCA) and/or Certified Information Systems Auditor (CISA) A postgraduate qualification in a relevantdiscipline preferably Master’s degree. Knowledge of relevant spheres of refined petroleum products trading, operations, sales, marketing and management
5. Group Head, Treasury and Financial Control Reporting to the GED, this position is responsible for financial reporting and liquidity management of the SBUs and the Group. He/she will ensure optimal allocation of the group’s financial resources as well as complete and accurate maintenance of treasury/financial records in such a manner as to optimize the liquidity position of the group and mitigate financial, business and reputational risks. -
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Duties and Responsibilities: Advise management and provide inputs on the funding and cash-flow implications of the group’s strategy, goals and plans Manage the liquidity of the group and ensure that cash is readily available to meet the financial obligations on a need basis Build and maintain relevant banking relationships to ensure availability of funds, secure favourable banking terms and rates and proper management of the accounts of the Group Keep up-to-date with the industry’s current tax practices and policies. Make recommendations to executive management on the formulation of strategic, long-term business plans to minimise financial risk. Advise management on the judicious investment of surplus funds. Advise executive management on changes in financial regulations, legislation as well as changes in competition and market trends. Coordinate the corporate budget preparation process and support Departments in the formulation of cost management measures. Provide financial advice on the group’s short, medium and long term cash/ funding/ risk situation to management Develop and implement a robust and reliable financial reporting system for the Group Generate statutory financial reports and statements for the group as at when due Develop and manage relationships with relevant external bodies e.g. regulatory organisations in the downstream sector, auditors, solicitors, banks, etc. Manage foreign exchange risks and interest rate exposures. Review performance of financial service providers on a regular basis and take steps to discontinue high-risk relationships Perform other functions as may be delegated by the Group Executive Director (GED) Qualifications and Experiences Minimum of a B.Sc. degree in Accounting, Finance, Economics or any related discipline (Second Class Upper Division/ HND Upper Credit) Minimum of 12 years relevant experience, 5 of which must have been in a management position of an organisation, interfacing
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VACANCIES -
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with the executive team and financial partners Relevant professional certifications e.g. Chartered Financial Analyst (CFA) , Institute of Chartered Accountants of Nigeria (ICAN), Association of Chartered Certified Accountants (ACCA), Chartered Institute of Taxation of Nigeria or any other recognised professional financial body Experience of statutory financial reporting and knowledge of GAAP, IFRS A postgraduate qualification in a relevant discipline would be an added advantage
6. Group Head, Strategy and Corporate Performance Management This role is responsible for setting priorities, strengthen operations, ensure that employees and other stakeholders are working towards common goals, establish agreement around intended outcomes/results and assess and adjust the organisation’s direction in response to a changing environment. -
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Duties and Responsibilities: Drive the translation of the overall corporate strategy into the Group strategy map and balanced Scorecard Drive organisational alignment by ensuring that all SBUs in the group are aligned with the strategy Coordinate and ensure that strategy and strategic planning is linked to operational planning and budgeting processes Explore proposed business opportunities on an on-going basis to ensure that they are in line with the goals of the Group/SBUs Determine long term strategic objectives of the business in conjunction with executive management and communicate effectively to all management staff and stakeholders Coordinate the timely preparation of functional strategies and plans across all units and departments in the organisation, to ensure the achievement of corporate goals and objectives. Review and report on activities within the group and prepare comprehensive reports for presentation to Group Executive Director Monitor and update the group’s business plans and ensure that planned activities are implemented successfully. Track competitor activities, collates business and market intelligence and develop appropriate strategies to protect and enhance the group’s market share In conjunction with the management of the SBUs, design SMART performance measures for each SBU Evaluate SBUs’performance on a periodic basis based on Balanced Scorecard and agreed performance measures, prepare corporate performance reports and make necessary recommendations for improvement Perform other functions as may be delegated by the Group Executive Director Qualifications and Experiences Minimum of Bachelor’s Degree (Upper Division) or HND(Upper Credit) in Business Management, the Sciences, Social Sciences or related disciplines Minimum of 12 years cognate experience in a strategy-focused role, 5 of which should be at management level A Master’s degree in relevant discipline with a focus on strategy/ policy formulation would be an added advantage Relevant professional memberships of relevant bodies or institutions in the oil and gas industryis an added advantage
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Qualifications and Experiences Minimum of B.L. Degree (Second Class Upper Division) Minimum of 12 years cumulative experience in a Legal and Marketing/Corporate Communications role of a Group business with at least 5 years in a managerial capacity Demonstrated working knowledge of the requirements of a company secretary Membership of Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) or Institute of Chartered Secretaries and Administrators (ICSA) An LL.M or relevant post graduate degree would be an added advantage
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To promote continuity in the group’s operations by ensuring business control policies and operational guidelines are in place thereby minimising exposure to potential risks related to business performance. -
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She/he will be responsible for the overall management of the group’s secretarial duties, legal, regulatory and corporate communications
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Duties and Responsibilities: Liaise with the Group Executive Chairman in preparing the agenda for all meetings of the Board of Directors and take minutes of proceedings at such meetings Maintain an up-to-date knowledge of policies and regulations that may affect the oil and gas industry and advise management on the implications for the brand Monitor local and international media on issues relating to the industry and ensure prompt and favourable coverage of our projects and activities through maintenance of good working relationships with the media. Manage litigations involving the group, drive and institute litigation strategies and practical legal solutions to disputes while upholding the group’s legal position and reputation Develop and maintain internal communication strategy, delivering timely and effective communication throughout the group Prepare press releases, manage press conference and leverage the opportunities therein. Act as a spokesman of the group and present the group’s position on all issues at public events as delegated by the GED Review all contracts, MoUs, agreements and all documentation
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Duties and Responsibilities: Conduct regular assessments of the compliance and risk management culture of the group and submit reports to the GED. Develop Key Risk Indicators (KRIs) for identified processes, products and services and communicate same to business units and the group. Provide independent and objective assurance on the management of risks throughout the group Plan, design and implement a robust risk management process for the group, ensuring there is a system in place to identify and analyze all major risks on a regular basis Support business units through promotion of risk awareness, development of risk profiles, mitigation of risks and effective implementation of agreed action plans Work with Departments to communicate and drive the group’s risk management, HSE, compliance objectives and strategies. Conduct periodic compliance reviews, safety audits and statutory inspections of the group’s activities to ensure conformity with existing policies and procedures, and monitor subsequent adherence to the compliance action plan. Monitor and assess operational risk via Heat Map analysis for Risk and Control Self-Assessment (RCSA), control self-assessments and Key Risk Indicators (KRI) Organize Operational Risk Management sessions with Heads of Business Units and Support groups to ensure their buy-in Develop Business Continuity Management framework for the group Keep abreast of relevant laws, regulations and codes of good business practices and incorporates them into the internal risk framework Make recommendations and manage the process for acquiring relevant regulatory certifications Interface with external regulatory bodies regarding issues resulting from such bodies and resolves accordingly Identify regulatory, contractual requirements, organizational policies and standards related to information systems to determine their potential impact on the business objectives. Design information systems controls in consultation with end users to ensure alignment with business needs and objectives. Identify needed resources required to implement and operate information systems and safety controls at an optimal level. Review information systems policies, HSE standards and procedures to verify that they address the group’s internal and external requirements. Maintain the IT Disaster Recovery Plan including annual reviews. Participate in IT projects and initiatives to bring pro-active risk management focus into solutions. Perform other duties as may be assigned by the Group Executive Director Qualifications and Experiences Minimum of Bachelor’s Degree(Second Class Upper Division)/ HND Upper Credit in Actuarial Science, Computer Science with economics or a related discipline Minimum of 12 years relevant experience in compliance, risk management and business controls and Information Technology
in a similar company/industry, 5 of which must have been in a role as an operational risk manager of a financial institutionor as the Risk Manager within the oil and gas industry Relevant professional certifications e.g. Certification in Risk Management Assurance (CRMA), Certified Internal Auditor (CIA), Certified Information Systems Auditor (CISA), Certified in the Governance of Enterprise IT (CGEIT), IT Infrastructure Library (ITIL),Project Management Professional (PMP), Six Sigma Professional, Certified in Risks and Information Systems Control (CRISC),Certified Risk and Compliance Management Professional(CRCMP) or other relevant industry certification Professional Membership of Global Association of Risk Professionals - Energy Risk Professional (ERP); Member, Institute of Risk Management (MIRM) or Certified Risk Professional (CRP) A Master’s degree in a related discipline would be an added advantage
9. Group Head, Human Capital and Administration To ensure that the Group and its SBUs have the right mix of talent that are effectively deployed, managed, rewarded and engaged in a cost-effective and sustainable manner. To support the creation of a distinctive organisation culture and employer brand and facilitate its adoption and promotion by employees
8. Group Head, Risk Management and ICT
7. Group Head, Corporate Services and Legal
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where the group has committed itself and highlight legal implications that need to be brought to the attention of the GED Maintain contract compliance in line with the group policies and procedures, ensure issues are resolved and escalated when necessary. Advise management on issues related to the group’s corporate reputation and recommend appropriate course of action Lead in the development of legal policies, processes and procedures in line with the Nigerian law and the strategic objectives of the group Perform other functions as may be requested by the Group Executive Director
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Duties and Responsibilities: Develop and coordinate the implementation and upgrading of comprehensive people management strategy and plans while ensuring alignment with the group’s business strategy and key business objectives Direct and is accountable for all matters concerning employment legislation and contract issues to ensure that they are in compliance with relevant laws Liaise with heads of SBUs to determine key performance requirements and ensure delivery of prioritised and focused HR interventions that add value and meet business objectives Communicate human capital strategy and operating plan to strategic business units to get understanding and commitment Provide strong functional leadership to enable effective delivery of HR strategy across the group Coordinate the design and implementation of the group’s people development and training strategies, plan to ensure identified needs are addressed with appropriate interventions Develop and provide guidance to Company’s Executive Management in the implementation of effective succession planning system and supporting processes; and ensure consistent supply of competent staff to fill jobs at senior management level and other positions across the business Develop and coordinate the implementation of Human Capital policies and procedures. Coordinate the recruitment and selection process to ensure that the group is adequately staffed by qualified and highly motivated personnel Set standards for the development, implementation and monitoring of the group’s succession plan, manpower and career development policy Review and report HR Function achievement against key performance targets Define and maintain a competitive and merit based compensation system to support group strategy Facilitate the achievement of industrial peace and harmony within the group Perform other functions as may be requested by the Group Executive Director (GED) Qualifications and Experiences Minimum of Bachelor’s Degree(Second Class Upper Division)/ HND Upper Credit in any Social Sciences, Humanities, Business Administration disciplines Minimum of 12 years relevant experience in a senior generalist HR/HC role in a similar organization, 5 out of which must have been in senior or managerial role Professional certification in Human Resources from the Chartered Institute of Personnel Management of Nigeria (CIPMN) or its overseas equivalent (e.g. HR Certification Institute (HRCI), Chartered Institute of Personnel Development (CIPD)), Society for Human Resources Management (SHRM). A relevant postgraduate degree (e.g. MSc in HRM, Management with HR focus or MBA) would be an added advantage
HOW TO APPLY: Interested and qualified candidates should send their application letter and CV to the email address: recruitment@priorityrecruitment.com.ng using the job position as email subject. Application Closing Date– Tuesday, March 28th, 2017
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TUESDAY, MARCH 7, 2017˾ T H I S D AY
NEWSXTRA
Jonathan Govt Pressurised NLNG to Release Slush Funds for 2015 Elections Some “very senior officials” of the President Goodluck Jonathan administration mounted intense pressure on the Nigeria Liquefied Natural Gas (NLNG) Limited to pay dividends and its 2014 company income tax to government coffers just before the 2015 general election. But the then Managing Director of NLNG, Babs Omotowa, vehemently resisted the pressure and still believes he would have been sacked if Jonathan had been re-elected. The payments, according to The Cable, were later made after President Muhammadu Buhari assumed office and shared as “bailout funds” to the three tiers of government to clear salary arrears. The pressure to pay the dividends and the tax started in January 2015 — about one month to the initial February 14 date for the presidential election — and was intensified till April just before the elections eventually held. Subsequent revelations have shown how the office of the National Security Adviser (NSA) requested for and got $2.1 billion from the Nigerian National Petroleum Corporation (NNPC) around the same time. A substantial chunk of the payments has now been traced to the financing of the elections. Omotowa, now vice president of Shell Upstream at The Hague, told the story of the pressure he came under in an interview for a book on the history of the NLNG currently in the works. “My response when I was first asked, in January 2015 was clear: we could not be in a position to (pay), and I was thus subsequently invited to Abuja on a number of occasions
to meet with key officials in an effort to persuade me to pay the money,” Omotowa told his interviewers. “I maintained same position through those discussions based on two perspectives: One, we could not make any payments from accounts that had not been audited by external auditors and approved by the board. Two, by legislation, we had till June, so why the pressure.? “This position was not viewed positively by the government officials. So, it was escalated and higher level government officials (ministerial) subsequently spoke with me about it. I explained and reaffirmed that we were not in a position to pay earlier than June, for those same two perspectives. “These conversations continued through February and the elections got postponed, subsequent to which the request intensified. By April, just before the postponed elections were to hold, we held our board meeting where the board approved the audited accounts.” The NNPC holds 49 per cent of NLNG’s shares on behalf of the federal government. NLNG’s deputy managing directors are seconded from the NNPC. Thus, on the board, NNPC is represented by the NLNG DMD. “Immediately after that board meeting, the pressure from the senior government officials intensified since that was one of the reasons I had indicated for not making the payment earlier,” he said. Omotowa said: “But I reminded them of the second reason which was that by law, payment was with a June deadline, and as such, I
NBS: Imported Agric Products Totalled N212.73bn in Q4 James Emejo ÓØ ÌßÔË The country spent N212.73 billion on imported agricultural products in fourth quarter of last year (Q4 2016), the National Bureau of Statistics (NBS) stated yesterday. Nigeria’s total value of external Merchandise Trade rose to N5.28 trillion, helped by rising export in Q4 compared to N4.78 trillion in the previous quarter. Though total import fell to N2.31 trillion in Q4, representing 6.1 per cent decrease from N2.46 trillion in Q3, imported agricultural goods grew by 1.7 per cent more than Q3 estimates. The increased spending on imported agricultural products came at a time of increasing campaign for import substitution in the country to among others, ease the pressure on the local currency and preserve the foreign reserves. According to the Merchandise Trade Intensity Index/Re-Exports report for Q4, which was released
yesterday, imported raw materials goods further gulped N309.26 billion in the period under review. According to the NBS, imported manufactured goods nevertheless, were 75 per cent higher than the value recorded in Q3. Nigeria exported goods mainly to India, Netherlands, the United States, Spain and South Africa, whose values stood at N475.6 billion or 16.0%, N334.2 billion or 11.2 per cent, N317.2 billion or 10.6 per cent, N286.8 billion or 9.6 per cent, and N160.4 billion or 5.4 per cent respectively in Q4 2016. According to the statistical agency, the country’s export intensity in October, November and December 2016 was highest for South Africa with export intensities 8.9, 7.3 and 4.1 respectively. Export intensity for Q4 was also intense with India with export intensities of 5.8, 5.8 and 1.7 for the last three months of 2016. The country’s import intensity with China, its major trading partner in that regard throughout 2016 was 11, 08 and 0.5 in Q4.
maintained we still had to wait until June before payment as provided for in the (CIT Act). “Subsequently, the elections were held in April; and rather than wane, having lost the election, the pressure intensified, albeit the tone changed, as I was now being requested to pay the money and that interest sums that would have accrued until June, if we had kept the money in our bank, would be refunded, to keep us whole. They highlighted urgent need to source money to pay fuel subsidies, etc.” Omotowa did not budge.
“Obviously, this was not an easy situation and I could be fired etc, because from the government’s perspective, I was stopping them from laying hands on a huge amount of money, especially at a time they needed money desperately. (But) I kept all shareholders informed of the situation,” he said. NLNG’s MDs are seconded from Shell Gas B.V, which owns 25.6 per cent of NLNG’s shares. Total LNG Nigeria Limited owns 15 per cent and Eni International (N.A.) N.V.S.a.r.l owns the remaining 10.4 per cent.
In May 2015, Buhari became Nigeria’s president. In June 2015, which was when Omotowa had promised to pay, he did. He said: “The new government was very transparent to the public about the payment, and also, for the first time, mandated us to start paying the dividend aspect to the federation account. It was the CIT payment and some dividend totalling $2.1 billion that we paid that then got shared amongst all the states and became known as ‘the bailout funds’.” Previously, NLNG’s dividends
had been paid to NNPC while the company import tax, which the company only started paying in 2013 after its 10-year tax holiday lapsed, had been paid to the FIRS federation account. Omotowa noted that NLNG had “since 2004, paid over $33 billion to Nigeria, with the dividend part paid to NNPC alone being over $15 billion.” In 2014, NLNG had paid $1.4 billion to NNPC, $1.8 billion to the federation account for feedgas purchase and $1.4 billion to FIRS as company income tax.
FOOD IS READY
Cross River State Governor, Professor Ben Ayade, and his wife, Linda, serving food to some of the Bakassi Internally Displaced Persons (IDPs), during the governor’s 49th birthday celebration with the displaced persons at Ikpa Nkaya, Akpabuyo Local Government Area of Cross River State.....yesterday.
One Injured as Fatal Accident Claims Four Policemen Chiemelie Ezeobi A fatal accident at the Ikorodu area of Lagos yesterday claimed four policemen attached to the XSquad of the Lagos State Police Command, leaving a superintendent of police injured. The policeman were killed after a lorry ran over their patrol van at Ikorodu, while they were on routine patrol of the area along Shagamu Road, Isiwu. The X Squad team of five policemen including an Assistant Superintendent of Police (ASP) and an Inspector, were in a Nissan frontier van marked NPF409D. However, the registration number of the vehicle they were
“The police van had five chasing could not be ascertained at the time of filing this report. policemen onboard and was While three of the policemen allegedly hit by an unregistered died on the spot, the Inspector 911 tipper and the driver, who passed on at the Lagos State could not be identified at the University Teaching Hospital time of this report fled the scene. “It was disclosed that both (LASUTH) where he was rushed vehicles were coming from to alongside the ASP. According to the command’s opposite direction at a point near spokesman, Olarinde Famous- Isiwu town and they collided, Cole, an ASP, the driver of the with three policemen dying on unregistered lorry fled the scene the spot. “As a result of that, traffic as soon as the accident occurred. He said: “A team of Policemen policemen were immediately attached to X Squad at the State dispatched to the scene. An ASP Police Command while on with an Inspector who sustained surveillance and patrol duty serious injuries were rushed to along Isiwu road, Imota, Ikorodu LASUTH, Ikeja, where the latter were involved in a fatal motor died and the former is currently accident leaving four police admitted. the corpses officers in the patrol truck dead. “Meanwhile,
have been deposited at General hospital Ikorodu and LASUTH, Ikeja for autopsy. The police patrol truck and lorry have been towed to the division. “Investigation is on going to apprehend the fleeing suspect. The Lagos State Police Command mourns the death in active duty of its finest. The command would leave no stone unturned to bring justice to the lost souls. “We appeal to the public to come forward with any useful information that would lead to the arrest and prosecution of the fleeing suspect and urge Lagosians to be very cautious while driving on our roads.”
Document Your Lives, Babalakin Tells African Leaders The Chairman of The Resort Group, Dr. Wale Babalakin, has called on African leaders to document their lives for posterity and for the benefit of future generations. Speaking with journalists at the inauguration of the Olusegun Obasanjo Presidential Library and Museum at the weekend in Abeokuta, Ogun State, Babalakin noted that the facility is the first of its kind in Africa. He therefore urged other leaders to follow the example set by former President Obasanjo. Babalakin said: “It was an
epoch making event with far reaching positive signals for mankind. I hope the historical context of this occasion would be greatly appreciated and spur other African leaders to document their lives, especially during the period when they exercised power, for the benefit of providing information and guidance for the next generation.” In a congratulatory letter, the Bi-Courtney Limited (BCL), a member of Babalakin’s Resort Group, operators of the Murtala
Muhammed Airport Terminal Two (MMA2), noted that the terminal is one of the many landmark achievements President Obasanjo will always be remembered for. “Indeed it remains on record that your vision, foresight and intellectual appreciation of the need for the advancement of the Aviation industry led to the completion of Nigeria’s first Public-Private Partnership Agreement (MMA2),” stated the letter to Obasanjo. “We are proud that the
success of this trail-blazing initiative, against all odds, stands as a testament to your pioneering vision as well as your belief in this business model for the development of our critical infrastructure.” The Olusegun Obasanjo Presidential Library (OOPL), which took 12 years to complete, is a repository for archival material including 15 million documents, two million books and 4,000 artefacts and memorabilia spanning the former president’s life.
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NEWSXTRA
Atiku: States Should Have Powers to Create Local Councils Onyebuchi Ezigbo ÓØ ÌßÔË
Former Vice President and a chieftain of the ruling All Progressives Congress (APC,)
Alhaji Atiku Abubakar, has called for a new federal structure where states will have the powers to create and fund local government areas.
Buhari Calls Gowon, Condoles with Him on Sister’s Death Tobi Soniyi ÓØ ÌßÔË President Muhammadu Buhari yesterday commiserated with former Head of State, General Yakubu Gowon (rtd), over the passing away of his younger sister, Kande Martha Audu. The Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, who announced this, said the president called from London. He said Buhari extended his deepest condolences to General Gowon and his family, urging them to take solace in the fact that Mrs. Audu lived a worthy
and exemplary life. “Death is an inevitable end that must come to all mortals, and we must keep praying and working to ensure that we live a life that pleases our Creator and benefits humanity,” Buhari said. He also prayed that God would comfort the grieving family and grant rest to the soul of Audu. Adesina said Gowon thanked Buhari for the commiserations and assured him that he would not relent in praying for the unity and progress of the country, adding that Nigerians were also praying for the president’s quick recovery.
He said Nigerians should not be afraid to speak their minds on the issue of restructuring and in demanding good governance from their leaders, adding that the structure of the country as it is now is a major problem dragging the nation backward. In a speech delivered at the annual Professor Ademola Popoola Public Lecture, organised by the Faculty of Law, Obafemi Awolowo University, Ile-Ife, Atiku said the perennial debates and agitations by federating units for improved position within a federal structure is not unpatriotic as is being portrayed. “Ours should be a federal system that delegates to the federal government only powers and responsibilities
for those matters that are better handled by a central government such as defence, foreign affairs, intergovernmental affairs, setting overall national economic policy and standards. Other powers and responsibilities should reside with the states, which will include the power to create and fund local governments as they deem fit,” he said. Atiku, who has been consistently calling for the renegotiation of Nigeria as a nation, believe that there is nothing wrong in people agitating for what they see as a better federal system. He said the kind of restructuring that he has been calling for involves changes to the allocation of powers, responsibilities and resources
among the states or zones and between them and the federal government. The former vice president said he does not see local governments as federating units and, therefore, they should not derive their powers from the constitution. “Likewise ethnic nationalities are not federating units and any attempt to restructure the country along those lines will be unworkable. Some of our roughly 300 ethnic nationalities are big enough to constitute independent countries while some are too small to even constitute local government areas.” Atiku said: “We have a unique opportunity now, with all the agitation and clamour for restructuring, to have a conversation that would lead to
changes in the structure of our federation in order to make it stronger, enhance our unity and promote peace, security and better and more accountable.” According to Atiku, a trained, educated and entrepreneurial workforce in a restructured Nigeria that empowers her federating units to look to their strengths, emphasise production and internally generated revenues, and compete with one another to attract investments will truly transform us into a respectable people. He, however, said people must not see restructuring as the only thing that can automatically guarantee good governance, adding that they still have to demand good governance and accountability from leaders.
Fayose Asks Obasanjo to Return N10m Donation for Library Project Victor Ogunje ÓØ ÎÙ ÕÓÞÓ The Governor of Ekiti State, Mr. Ayodele Fayose, has told President Olusegun Obasanjo to as a matter of urgency, return his N10 million donation to his library project with interest. Fayose said the 30 governors on the platform of the Peoples Democratic Party (PDP) were compelled to donate N10million each in 2005 to the multibillion naira projects, describing it as the greatest fraud ever. Also, the PDP Southwest caucus had also passed a vote of confidence on the leadership of the Ahmed Makarfi-led National Caretaker Committee (NCC), branding the Ali Modu Sheriff group as mere usurpers of the party’s structure. Fayose, who spoke in Ado Ekiti yesterday at the opening session of the PDP Southwest stakeholders’ meeting, advised Obasanjo to stop seeing himself as a saint. Those at the event were the host, Fayose; his Deputy, Dr Kolapo Olusola; former Governor of Ogun State, Chief Gbenga Daniels; Senator Iyiola Omisore, former PDP Deputy Chairman, Chief Bode George; former PDP National Vice Chairman, Mr Tajudeen Oladipo; PDP spokesperson, Prince Dayo Adeyeye; a member of the House of Representative from Ogun State, Hon Oladipupo Adebutu; Chief Ebenezer Babatope, Prof Olu Agbi. Others are PDP Chairmen in Ogun, Chief Sikirudeen Ogundele; Ondo, Clement Faboyede; Ekiti, Chief Gboyega Oguntuase; Oyo, Hon Muraina Ajibola; Lagos, Mr. Moshood Salvador; Osun, Mr. Bayo Faforiji; Chief Mrs. Kofoworola Bucknor, Chief Paul Alabi, among others. Fayose said: “We were
compelled to make the donation as PDP governors in 2005 and now I need the return of my money with interest.” Urging members to remain bold and undaunted in the face of perceived intimidation by agents of the All Progressives Congress(APC), Fayose predicted that God would soon move against those oppressing the PDP members in the country by declaring their seats vacant. The governor, who described the Sheriff’s faction as ‘moles and political kidnappers’ within the party, added “yes, they are kidnappers because when you take what does not belong to you, then you are a kidnapper. To me, I stand with Makarfi because the judiciary has no reason to appoint the chairman and executive members for party owners. “How can you call yourself the leader of a party and be working for the opposition. Sheriff and his group will fail in their devilish plot against our party. We the committed members of this party will not allow this evil to work because charlatans can’t be allowed to hijack our party. “To me, the PDP is one under Ahmed Makarfi. I want you to be speaking out against President Muhammadu Buhari’s government because nobody can kill you. The tough time we are passing through is just a phase as tough time never last but tough people do. “They said the PDP people are corrupt, but if you look critically, the PDP members are mere petty thieves while APC members are super robbers. They are only interested in destroying and oppressing our members while the people groan in sufferings. Today, the country is under emergency situation.
EVERGREEN
Members of council and management of the Chartered Institute of Stockbrokers (CIS) led by their President, Mr. Oluwaseyi Abe (left),during their courtesy visit to the former Director-General of the Nigerian Stock Exchange (NSE), Professor Ndi Okereke-Onyiuke (middle), in her Ikoyi residence ....recently
FG Asks Jonathan to Stop Apportioning Blame over Chibok Girls Ex-president set precedence for British forces to rescue hostages, says aide Olawale Ajimotokan ÓØ ÌßÔË ËØÎ Chiemelie Ezeobi ÓØ ËÑÙÝ The federal government has come out hard on former President, Dr. Goodluck Jonathan, to stop apportioning blame over the rescue of the schoolgirls who were abducted in Chibok under his administration. The Minister of Information and Culture, Alhaji Lai Mohammed, in a statement issued yesterday, described Jonathan’s action as ‘’fingerpointing.’’ He said such action was an unnecessary distraction from the ongoing effort by the military to secure the release of the girls still in captivity almost three years since they were abducted on April 14, 2014. About 195 of the girls are still missing, though the federal government was able to secure
the release of 21 of them last year following the lead role by the International Committee of the Red Cross that led to their freedom. A British newspaper reported that Jonathan rebuffed the offer of the British armed forces to rescue the girls after the RAF sighted many of the girls during an air reconnaissance over northern Nigeria for several months called “Operation Turus.’’ The paper claimed Jonathan rejected international offer to free the girls, saying that the kidnapping was a “national issue’’ which the Nigeria’s intelligence and military services must be able solve. ‘’While former President Jonathan reserves the right to defend his Administration, he should not engage in finger-pointing by saying, in a statement, that ‘some
people who have obviously been playing politics with the issue of the Chibok girls will stop at nothing to further their interest,’’’ Mohammed said. The minister accused the Jonathan administration of playing politics with the Chibok schoolgirls issues even when it was under its watch that the girls were abducted from their dormitories in the peak of the insurgency that paralysed economic activities in the Northeast of Nigeria. He said: ‘’After the girls were kidnapped and the Jonathan administration did nothing for all of 15 days or make any determined efforts to rescue them thereafter, our party, the then opposition APC, told the nation several times that the whole Boko Haram crisis was allowed to escalate by the PDP-controlled federal government so they can use it
as a political tool ahead of the 2015 elections.” Mohammed recalled that in a statement issued on September 8, 2014, the then opposition party, accused the ruling party of manipulating the Boko Haram insurgency as part of its game-plan to cling on to political power ahead of the 2015 elections, adding the PDP readily used the crisis to rationalise the Jonathan administration’s shirking of its constitutional responsibilities, including visits and assistance to areas affected as well as effective response to abductions. But in his reaction, Jonathan said the report credited to The Guardian of the UK, was not true Speaking through one of his former aides, Reno Omokri, the former president said nothing could be further from the truth, rather he set a precedence for the British forces to rescue hostages.
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N’East Crisis is World’s Largest, Most Neglected Region, Says UN Security Council Urges Nigeria, others to speedily fulfill pledges made at Oslo conference Alex Enumah ÓØ ÌßÔË The United Nations Security Council has described the humanitarian crisis in Nigeria’s North-east and Lake Chad Basin region as not just the largest humanitarian crisis the world has ever faced but regrettably the most neglected and forgotten. The world body while calling for urgent response from the international community to help tackle the scourge that has affected over 14million people with bout 8.5m in urgent need of humanitarian assistance, warned of dire consequences if they world failed to tackle the crisis in the next 18 months. The UN position was made known at a press briefing yesterday in Abuja, on their visit to parts of the Northeast ravaged by Boko Haram insurgency. According to the leader of
the delegation and United Kingdom’s Permanent Representative at the UNSC, Mathew Rycroft, “The reason we have come to the Lake Chad Basin is that the crisis of the Lake Chad Basin is one of the largest but also the most neglected and forgotten crisis. “We want to shine a spotlight on that crisis so that the whole world including the government of the region step up their response to the crisis before it is too late.” Giving a vivid account of their experiences in parts of Borno State visited, Rycroft who painted a picture of sorrow, pain and hopelessness in the region added that what is been unfolded in the region is a humanitarian crisis of unimaginable proportion. “We have been struck by the individual stories that we have heard, including yesterday in
the IDP Camps in Maiduguri from the women whose husbands have been killed by Boko Haram, who have lost children to Boko Haram and who are now struggling to feed themselves and their families, who are struggling to give their remaining children education that those children deserved,” he said. The UK envoy who stressed the imperative of defeating the poisoned ideology of Boko Haram and the need to replace the fear that they sow with hope assured Nigeria and the Lake Chad Basin region of the readiness of the UN in assisting to help in that regard.
While commending the efforts of the governments of the region particularly in their coordinated efforts in decimating Boko Haram, the UNSC charged them to redouble their efforts until the job is done. Rycroft said, “We stand again with the government of Nigeria in responding to that crisis, we encourage the government of Nigeria to step up to disburse the N1billion that they pledged at the Oslo conference from the state level and the national level. And we ourselves are stepping up in response to this humanitarian crisis. Also speaking, Senegal’s Permanent Representative to
the UNSC, Fode Seck, urged Nigeria to take the leader in disbursing her own pledge to serve as an encouragement to other nations who made pledges at the Oslo conference. He said: “If you want somebody to help you, you should start by helping yourself, so Nigeria government made an interesting pledged in Oslo, we are just from the ministry of finance and planning and she explained to us that this government will effectively disburse the money through normal budget process. “Our appeal is for the international community also to disburse the amount they
pledged in Oslo and before Oslo for these collective efforts to bear fruit.” However, the UNSC is of the view that both the military and humanitarian response cannot provide a lasting solution to the crisis. They are therefore calling on governments of the region to take the issues of development, jobs, environmental issues, education as well as human rights more seriously. The UN Representative in Nigeria, Edward Kallon, however, noted that the visit and the Oslo conference have succeeded in bringing to lime light the global humanitarian crisis facing the region.
NCC to Engage Telecoms Firms on Quality of Service Dele Ogbodo ÓØ ÌßÔË The Nigerian Communications Commission (NCC) yesterday would meet with telecommunications companies in the country on how to improve their Quality of Service (QoS). In a statement made available to the media in Abuja, NCC’s Director of Public Affairs, Mr. Tony Ojobo, expressed the commission’s concern over the degenerating QoS provided by Mobile Network Operators (MNOs) and other service providers. As part of measures to cushion the situation and ameliorate the recurrent inaccessibility to foreign exchange by operators, the image maker quoted the Executive Vice Chairman (EVC), Prof. Umar Danbatta, as saying that the commission had written to the Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emiefele, as favourably disposed to addressing the forex needs of the operators. The statement read: “Specifically, as a follow up to the letter, the Executive Commissioner (Stakeholders Management), NCC, Mr. Sunday Dare, had a meeting with Emefiele and extracted a commitment from him on how he hoped to address the forex needs of the operators. According to Danbatta, since the NCC has declared 2017 as the year of the consumer, all hands should be on deck for telecom consumers to have a fresh lease to high QoS, explaining: “The consumer has to be treated with dignity” Danbatta added, saying the “eight-point agenda drives this point home.” The NCC, he said, has put measures in place to check and monitor QoS on various networks “and we have sent this report to our task force on QoS and have been interacting with governments at different
levels as part of the measures to deal with the poor QoS. In a remark, NCC’s Executive Commissioner (Technical Services), Mr. Ubale Maska, said QoS has been a great concern as consumers inundate the commission with complaints. “It requires everybody’s input if the situation has to be redressed, hence 2017 has been declared the year of the consumer.” Also contributing, NCC Director, Technical Standards and Network Integrity (DTSNI), Mr. Fidel’s Ona, explained that the commission was aware of some of the challenges which include Right of Way (RoW), force majeure, Difficulty in acquiring new cell sites, multiple taxation and regulation, vandalism, power supply among others. He said: “We are engaging stakeholders, including Industry Working Group on Quality of Service, special committee on Counter Harmonisation to address this.” The Head, Quality of Service Unit, Mr. Edogam Ogoh, in his presentation, traced poor quality of service to fibre cuts, community issues, among others. He said in October 2016, operators experienced 175 cuts across the nation while they recorded 180 cuts in November and 103 in December, 2016. “There were 113 community issues in October 2016, 74 in November and 133 in December, adding that fibre cuts and community issues remained major drawbacks for QoS.” In a remark, the Chief Technical Officer (CTO) of MTN Nigeria, Mr. Hassan Jamil, who spoke on behalf of operators, expressed happiness with the interactive session, “so that the regulator can know our situation on one-on-one basis of provision of services to subscribers. He said: “Demand for both voice and data services are on the rise but we are unable to
PROJECT INAUGURATION
L-R: Former Senate Leader, Senator Ali Ndume, Borno State Governor, Alhaji Kashim Shettima; Mallam Kashim Ibrahim-Imam; National Leader of APC, Senator Bola Ahmed Tinubu; Speaker, Borno State House of Assembly, Hon Abdullarim Lawan; former APC Interim Chairman, Chief Bisi Akande; Borno State Deputy Governor, Usman Mammau Durkwa, and state Commissioner for Health, Dr Haruna Mshelia during the inauguration of Benisheikh General Hospital in Benisheikh Local Government of the state by Tinubu...yesterday
Osinbajo: FG’s Amnesty Programme for Militants Not Exclusively for Particular Ethnic Group Adibe Emenyonu ÓØ ÏØÓØ City
vandalism in the 40 years of oil discovery in the area, he maintained that for optimum The Acting President, Yemi utilisation and a means of Osinbajo, yesterday declared saving cost, power stations that the federal government should be stationed where Amnesty programme to gas deposits are domiciled militants in the Niger Delta to generate electricity. According to him: “In should not be the exclusive prerogative of a particular November, 2016, the Pan ethnic group, but would be Niger Delta Development extended to other oil producing Forum (PANDEF) visited President Muhammadu Buhari communities. He also said the stealing where it was agreed that a by leaders of the regions visit be made to oil producing was responsible for the communities and leaders in the under development in the country, engage them and offer area and Nigeria in general, a new vision because we have vowing to bring contractor heard several stories of huge who abandoned project after funds that are supposed to go for development of the area, mobilisation to book. Osinbajo who stated this but nothing got to the actual during a stakeholders’ meeting people in these communities. “We have had issue of in continuation of his visit to oil and gas producing abandoned projects, said to communities in Edo State, have been done but nothing further noted that as part of there when you actually visit efforts to empower youths, the because corruption is the issue.” Osinbajo said: “That was federal government, through its empower programme, has why we introduced a new engaged about 4,703 teachers way of doing things for the benefit of the oil producing in Edo State. Commending the youths communities. The kind of and leaders of oil producing engagement we are talking communities in the state for about is not lightly at all. It not having a record of pipeline is that of several engagements
that we are committed because it is not good to look at the plight of the and ignore the people. “That is the pledge the federal government has begun; that we must treat development these communities soeedly so that they can see the development and that is why we have made the area a hub for refining petroleum products which we described as modular refineries.” Meanwhile, the dialogue was disrupted for three minutes when the acting president received a phone call from President Muhammadu Buhari. The deliberation was also puntuated for several minutes as other aggrieved communities in the state insisted that must be given opportunity to make their presentation, a confusion that turned the visit of the acting president to a rowdy session before nomalcy was restored. Earlier in his welcome address, Governor Godwin Obaseki of Edo State, regretted that the state which boasts of 28 oil producing communities and 205 oil flow stations have had its fair share of neglect and
deprivation, noting however that with its present initiative of the federal government, the state government was ready to work with FG to develop the oil producing communities in the state. The governor, who debunked the insinuation that the the refusal of the acting president to pay visit to the oil bearing communities was due to insecurity in the areas, urged him to rescheduled another visit where he can actually pay such visit like he did to other oil communities in other states. As a way forward, he said his administration has henceforth mandated the state oil and gas commission know as Edo State Oil and Gas Development Commission (EDSOPADEC) to spend all its resources on the entire oil producing communities. “We will also allign with the Niger Delta Development Commission (NDDC) and the Ministry of Niger Delta Affairs to develop all the oil bearing communities,” adding that he will not allow oil companies operating in these communities to disrupt such plan.
A
WEEKLY PULL-OUT
‘NIGERIA POLICE IS ONE OF THE BEST IN THE WORLD’
07.03.2017
Lagos State Commissioner of Police, Mr. Fatai Owoseni
2/DASHBOARD
07.03.2017
Original Jurisdiction of the Supreme Court PAGE 4
Oguntade, Aregbesola, Others Eulogise Justice Eso PAGE 5
Kogi State Judiciary To Establish A Vibrant Sports Unit PAGE 5
Police Docks Project Manager for Alleged N199m Theft PAGE 5
QUOTABLES
Lagos Set to Host African Arbitrators at 2nd ICC Regional Conference
'Corruption thrives where it is allowed to thrive.' – Professor Yemi Osinbajo, SAN, Acting President, Federal Republic of Nigeria
PAGE 6
'The recklessness with which public officers spend public funds is insensitive to the point of insanity.' – Professor Itse Sagay, SAN, Chairman, Presidential Advisory Committee Against Corruption
COLUMNIST EMEKA AZINGE Emeka Azinge a.k.a Mr. Emedith holds a Bachelor of Law degree from Cardiff University, United Kingdom and a Masters of Law degree from King’s College London. He is currently pursuing a Doctorate of Business Administration (DBA) at the University of Liverpool. He has been called to Nigerian Bar, and is also a certified soft-skills and entrepreneurship facilitator, coach and mentor, who equally coaches lawyers on legal soft-skills. He is a member of the International Association of facilitators (I.A.F) and a Member of the Chartered Institute of Arbitrators, U.K. Nigeria Branch. He is the Managing Partner, EM- EDITH SOLICITORS, a Corporate and Commercial Law Practice in Lagos. ‘Legal Catalyst’ is aimed at encouraging, motivating and inspiring legal practitioners around the nation and beyond to grow and thrive within whatever environment they find themselves as well as maximise their potentials, essentially by gaining self-awareness about their skills, interests, and values, and amplifying these via a plan of action for achieving goals.
‘Hard Work and Passion will bring Money and Fame’ PAGE 6
NJC and the Administration of Justice PAGE 7
Essential Elements of Deed of Ship Mortgage in Nigeria PAGE 12
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
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GUEST COLUMNIST OLAWALE FAPOHUNDA
Time to take Nigeria’s Judiciary in a Different Direction
I
Dr. Mutunga, Transformer of the Kenyan Judiciary n 2015, the Nigerian Bar Association (NBA) invited the Chief Justice and President of the Kenyan Supreme Court, Dr. Willy Mutunga, to give the keynote speech at its Annual General Conference. The decision to invite Dr. Mutunga was based on our knowledge of what he had done to transform the Judiciary in Kenya. As the special envoy of the President of the NBA, my mandate was not to come back to Nigeria without a firm acceptance of our invitation. Mutunga's invitation was not about teaching us current developments in law, but to show the possibilities that exist when the office of The Chief Justice becomes the rallying point for achieving progressive change in the justice sector. It may be helpful to know that, Willy Mutunga inherited a judiciary that struggled with much of the issues that our judiciary is grappling with today. Corruption, constant threats to independence of the judiciary, including an absence of financial autonomy, backlog of cases, absence of transparency in the functioning of the judiciary, archaic systems and procedures, the overbearing sense of self–importance of judicial officers, that made judicial reform difficult. All these combined to rob the Kenyan judiciary of the trust and respect of Kenyans. One could write a book on how Mutunga transformed the Kenyan Judiciary. He continues to receive accolades from his country, and all over the world, even after his retirement last year. In my view what was truly inspiring, was his ability to bring justice to the level of the ordinary Kenyan. My Experience in Kenya I had first hand experience of this on my arrival at the Jomo Kenyatta Airport, Nairobi. I had approached a Kenyan Immigration Officer who on citing my Nigerian Passport simply asked me to go into a side room, apparently for further questioning. There were many of us ‘aliens’ who were given this ‘further questioning’ treatment. It must have been my height that caught the attention of the supervisor, a very stern looking officer who just seemed to have made up his mind that we were a threat to Kenya’s security. I had watched uncomfortably how he kept asking questions, and never seemed to be satisfied with the answers he was getting. He loudly asked me about my mission in Kenya. When I told him that I was there to see Willy Mutunga, his countenance changed immediately. At first I thought it was a case of ‘the fear of the big man’, until he took me into his office and gave me an unsolicited debriefing of Mutunga's great strides in the Kenyan Justice Sector. I was thereafter, promptly cleared and given VIP passage to the taxi rank. As if I needed validation of what I had just heard, the taxi driver talked about Mutunga non -stop all the way to the Kenyan Supreme Court Building. He spoke at length about how the poor and vulnerable see Mutunga as their champion. Mutunga's simplicity and willingness to engage with the poor and vulnerable, where his sterling qualities. I was stunned when on my arrival at the Kenya Supreme Court, the taxi driver refused to accept the negotiated fare. He told me that he could not in good conscience accept money from Mutunga's guest. I look forward to that day when the ordinary Nigerian will celebrate our Chief Justice as the beacon of justice for the poor and vulnerable. Hit the Ground Running, Hon, Justice Onnoghen The confirmation of Honourable Justice Walter Onoghen by the Senate as the Chief Justice of Nigeria (CJN), despite all the real and imagined intrigues around the confirmation process, offers new hope in this direction. If there was any time that the judiciary and indeed the justice sector needs the head of the Judiciary to talk directly to the many challenges facing the sector, that time is now. True, we expect more than words. Expectations The main challenge before the CJN is to rekindle the confidence of judicial officers and their belief in the importance of their exalted offices, while at the same time,
reform is an issue of national seriousness, and all must play their part in addressing it. The suggested agenda should include a combination of administrative, legal and constitutional interventions. Establishment of National Council for Administration of Justice Administratively, the CJN should consider facilitating the establishment of a National Council for the Administration of Justice- made up of representatives of the three arms of government, with a clear mandate to oversee the implementation of required reforms in the judiciary and justice sector. Achieving a justice system that works in the interest of Nigerians, cannot be the exclusive preserve of the judiciary. The Judiciary should provide leadership for the other arms of government. Establishment of CJN Panel to Review Judiciary Corruption Cases Other suggested administrative interventions should include, the establishment of a High Level CJN Panel to review all cases of corruption in the Federal and State Judiciaries. The Judiciary should take the lead in cleansing itself of those who give the institution a bad name.
Dr. Willy Mutunga, former Chief Justice and President of the Supreme Court of Kenya
restoring the hope of Nigerians in our justice system. The CJN must break down all conservative tendencies that continue to militate against achieving reforms in the judiciary. My Lord needs to urgently put together a set of radical reform initiatives of the like the 'never been seen before', in the history of Nigeria. The guiding principle must be the recognition that what Nigerians need today, is not a Chief Justice of the Supreme Court, but a Chief Justice of Nigeria. There is world of difference. All the Courts in Nigeria and access to justice related institutions must be the constituency of the CJN. Indeed, like in Kenya, the office of the Chief Justice must be the rallying point for reforms in the justice sector. Important areas of intervention should include a commitment to strengthening the independence, responsibility, efficiency and transparency of the judiciary; responding to the interrelated problems of delay, cost and complexity in the justice system; promoting and implementing a zero tolerance principle with respect to corruption within the judiciary; making litigation less complex; encouraging appropriate and timely settlement of disputes; diverting matters to more suitable dispute resolution processes. Proposals To achieve these in concrete terms, I will like to propose a number of practical steps for the consideration of the CJN. Publication of CJN's Agenda As an important first step, the CJN should consider publishing his vision and agenda for the judiciary and administration of justice in Nigeria. It is important that his agenda is built on the widest possible consensus of justice sector stakeholders and public opinion. Judicial
"ONE COULD WRITE A BOOK ON HOW MUTUNGA TRANSFORMED THE KENYAN JUDICIARY. HE CONTINUES TO RECEIVE ACCOLADES FROM HIS COUNTRY, AND ALL OVER THE WORLD, EVEN AFTER HIS RETIREMENT LAST YEAR"
Establishment of Independent Judicial Benefits and Compensation Committee The CJN should also consider the establishment of an Independent Judicial Benefits and Compensation Committee, to undertake a comprehensive review of salaries, allowances and benefits of all Judicial Officers in Nigeria, including lower court judges. The Commission should be required to submit a report with its recommendations to the CJN, for onward transmission to the National Council of States for deliberation and implementation. There is the need to remove incentives for corrupt behaviour in the judiciary. I find it simply unhelpful to insist that judicial officers who are not able to survive on their salary, should resign. Appointment of Court Administrators The CJN should also give consideration to the proposal for the appointment of Court Administrators in all courts, to take over some administrative functions of the various Heads of Court, such as procurement, case-management, budgeting, renovation of courts. Review of Supreme Court Rules On legal and constitutional reforms, the CJN should support a review of the Supreme Court Rules, to ensure that only cases of constitutional significance or that deal with life and liberty, are heard in the Supreme Court as of right. There is the need to begin to reverse the narrative of backlog of cases in the Supreme Court. Support Judicial Integrity Bill It has also been suggested that the CJN should support the Judicial Integrity Bill that is being proposed by a number of public interest lawyers. The bill (i) lays down judicial standards, (ii) provides for the accountability of judges, (iii) establishes mechanisms for investigating individual complaints for misbehaviour or incapacity of a judge (iv) provides a coherent mechanism for the removal and discipline of judges. Constitutional Amendment regarding Composition of the NJC Perhaps, of much significance, is the proposal for constitutional amendment leading to the review of the composition of the National Judicial Council (NJC). The inherent flaws in the organisational structure of the NJC, impacts negatively on the efficiency and the public perception of the judiciary. Specifically, consideration should be given to the holistic review of the membership of the NJC. These interventions will not solve all the challenges facing the judiciary, but they provide important first steps to bring justice closer to Nigerians and restore their faith and confidence in the justice system. Olawale Fapohunda, Managing Partner, Legal Resources Consortium, former Attorney-General of Ekiti State
4/LAW REPORT
07.03.2017
Original Jurisdiction of the Supreme Court
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of occupancy, granting consent or exercising rights of ownership by the Defendant in breach of Section 49 and 59(2) of the Land Use Act 1978. The Plaintiff submitted that the dispute is real and constitutional, since Lagos State continues to interfere with the powers of the Federation over federal lands in the State. The Plaintiff submitted that it commenced the action to protect federal lands within the territory of the Defendant and what the Plaintiff seeks in the suit, is a declaration by the Court that federal lands are, by law, exempt from the powers and control of Lagos State. On the third issue, the Plaintiff argued that its claim is in respect of all lands vested in the Federal Government that are in Lagos State, and not particular to No. 10, Gerrard Road, Ikoyi as contended by the Defendant.
Facts
he Plaintiff/Respondent took out a civil summons at the Supreme Court wherein it invoked the original jurisdiction of the Supreme Court to determine the suit filed against the Defendant/ Applicant. The Defendant filed a notice of preliminary objection in which it challenged the competence of the suit and prayed the Apex Court to strike out the suit on the ground that it lacked the requisite original jurisdiction to entertain the action. Issues for Determination The Defendant distilled three issues for determination in its notice of preliminary objection. The issues are: i. Whether this Honourable Court has original jurisdiction to entertain causes or matters between the Federal Government and a State Government. ii. Whether this Honourable Court has original jurisdiction in land matters. iii. Whether the Plaintiff, having divested its interest in the subject-matter of this suit, with special reference to No. 10, Gerrard Road, Ikoyi, Lagos State, has the locus standi to institute the action. The Plaintiff formulated three similar issues as follows: i. Whether the dispute in the present action does not fall within the original jurisdiction of the Supreme Court under Section 232 of the Constitution. ii. Whether as presently constituted, the present action is a land matter. iii. Whether the Plaintiff does not have the locus standi to institute the present action. Argument on the Issues On its 1st and 2nd issues, the Defendant referred to the provisions of Section 230 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which establishes the Supreme Court, Section 232(1) of the same constitution and section 1(1) of the Supreme Court (Additional Original Jurisdiction) Act which provides for the original jurisdiction of the Court. The Defendant argued that whether or not the Plaintiff’s suit as constituted comes within the purview of the original jurisdiction of the Supreme Court depends on the claim therein. The Defendant contended that from the Plaintiff’s amended claim, the action is basically a land matter which does not come within the contemplation of the original jurisdiction of the Apex Court as conferred by the Constitution and the Supreme Court Act. The Defendant relied on the decisions of the Supreme Court in OLUFO v IDODO (2010) 18 NWLR (PT. 1225) 545 and ATTORNEY-GENERAL OF LAGOS STATE v ATTORNEY-GENERAL OF THE FEDERATION (2014) 9 NWLR (PT. 1412) 217 AT 257 and argued that the Plaintiff had deceptively presented the subject matter of the suit which is land as a constitutional matter between the Federation and a State so as to agitate the jurisdiction of the Apex Court. On its 3rd issue, the Defendant contended that the Plaintiff had by its originating process failed to show the interest it has in the land in respect of which it seeks to invoke the jurisdiction of the Court. The Defendant submitted that an examination of paragraphs 14, 15, 16, 17 and 18 of the Plaintiff’s Amended Statement of Claim shows clearly that the Plaintiff had divested its interest in the subject matter of the suit to another party. Relying on A-G, KADUNA STATE v. HASSAN (1985) 2 NWLR (PT. 8) 483; CBN & ORS v. KOTOYE (1994) 3 NWLR (PT. 330) 66 AT 73; OWODUNNI v REGISTERED TRUSTEE OF CCC (2000) 10 NWLR (PT. 675) 315 and EJURA v IDRIS (2006) 4 NWLR (PT. 971) 538, the Defendant submitted that the Plaintiff who has not shown any nexus to the claim is incapable of maintaining the action and thus, urged the Court to strike out the action. In response, the Plaintiff argued that the
Musa Dattijo Muhammadei, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday the 27th day of January, 2017 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili Olukayode Ariwoola Musa Dattijo Muhammad Clara Bata Ogunbiyi Chima Centus Nweze Justices, Supreme Court SC.50/2011 Between Attorney-General of the Federation............... Appellant And Attorney-General of Lagos State.............Respondent Lead Judgement delivered by Honourable Justice Musa Dattijo Muhammad, JSC
dispute in the instant suit is about general control and management of federal lands within Lagos State, particularly the re- issuance of certificates
"......BY VIRTUE OF SECTION 232(I) OF THE 1999 CONSTITUTION, IN ORDER TO INVOKE THE ORIGINAL JURISDICTION OF THE SUPREME COURT, THERE MUST BE A DISPUTE, THAT IS A CONTROVERSY; A CONTENTION AS TO RIGHTS, CLAIMS ETC BETWEEN THE FEDERATION AND A STATE OR STATES; SUCH A DISPUTE MUST INVOLVE A QUESTION OF LAW OR FACT, AND SUCH DISPUTE MUST PERTAIN TO THE EXISTENCE OR EXTENT OF A LEGAL RIGHT"
Court’s Rationale and Judgement In the determination of the preliminary objection, the Supreme Court held that by virtue of Section 232(i) of the 1999 Constitution, in order to invoke the original jurisdiction of the Supreme Court, there must be a dispute, that is a controversy; a contention as to rights, claims etc between the Federation and a State or States; such a dispute must involve a question of law or fact, and such dispute must pertain to the existence or extent of a legal right. The Court held further that in order to determine whether a Court has jurisdiction to entertain a matter before it, the court has to look at the Plaintiff’s Statement of Claim before it. Their Lordships pronounced that from the Plaintiff’s claim, it was evident that the dispute between the parties was in respect of land and by the combined effects of sections 1, 49 and 52 of the Land Use Act which vest title to Federal and State lands in the Federal and State Government for the President and State Governor to hold same in trust for the Federation and people of the State respectively, where the Plaintiff asserts interference with the title in lands under its management and control by the Defendant, a dispute between the two - the Federation and the State appears discernible to warrant the invocation of the original jurisdiction of the Supreme Court. The Court however held that when a party’s standing to sue is in issue, the question is whether the person whose standing is in issue, is a proper party to request the adjudication of a particular issue and not whether the issue is justiciable. On this point, the Court placed reliance on OLORIEBI v OYEBI (1984) 5 SC 1 and OWODUNNI v REGISTERED TRUSTEES OF CCC (2000) 6 SC (PT III). Further to this, the Apex Court held that it is not enough for the Plaintiff to assert that the control and management of federal lands exclusively vests in the President who holds same in trust for the Federation, the Plaintiff must show its continued exclusive title to the land over which the Defendant’s act of interference persists. The Court held that from the claim before it, the subject-matter of the suit centres on No. 10, Gerrard Road, Ikoyi, Lagos and having transferred title in the said land to another party, it is untenable for the Plaintiff to assert that the very title that ceases to exist in it, is adversely threatened by the Defendant’s interference. The Plaintiff thus lacked the locus standi to invoke the original jurisdiction of the Supreme Court to assert a title it no longer has. Preliminary Objection sustained; action consequently struck out. Representation: B. Ogungbamila with A. Adibe for the Defendant/ Objector. S.Y. Kolawole (Mrs.) (DLD) Lagos State Ministry of Justice with J.I. Jacobs (PSC), Oluwaseun Sogbesan (SC) and O. Osunsanya (SSC) for the Plaintiff/ Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))
28.02.2017
NEWS/5
L-R: Mr. Olubunmi Eso, Son of the late Justice Kayode Eso, former Governor of Ekiti State, Mr. Segun Oni, Deputy Governor of State of Osun, Hon. Titi Tomori, Chairman of the Occasion, Justice George Oguntade and representative of Oni of Ife, Chief Adegboyega Ogunwusi at the Public Presentation of a book ‘Justice Kayode Eso: Beacon of Judicial Activitvism’ at Sheraton Hotel and Towers, Ikeja, Lagos
Standing in the front row, second from the right, the Chief Judge of Kogi State, Justice Nasiru Ajanah with other Judges and members of Judiciary staff that won medals during the Chief Justice of Nigeria Games which took place in Kogi State
Oguntade, Aregbesola, Others Eulogise Justice Eso t 6SHF +VEHFT UP CF BT 4UFBEGBTU BOE $PVSBHFPVT BT )JN Akinwale Akintunde A former Justice of the Supreme Court, Justice George Oguntade, has urged judges still serving in all cadres of the Nigerian Bench, to remain steadfast and courageous in carrying out their functions. Oguntade said they could only achieve this by a continuous mastery of development of the law. Speaking as the Chairman at the public presentation and launching of a book titled ‘Justice Kayode Eso: Beacon of Judicial Activism’ in Lagos last Tuesday, Oguntade also admonished lawyers to endeavour to put in more work in the course of their practice. “Whilst we remember the life and times of Hon. Justice Kayode Eso, JSC who many are happy to celebrate today for his courage and doggedness, I wish to use this opportunity to encourage my brothers still serving on the bench in all cadres, to remain steadfast and courageous in carrying out their functions. This can only be
achieved by a continuous mastery and development of the law. “Lawyers should equally endeavor to put in more work in the course of their practice, as it is my belief that the likes of the Late Hon. Justice Kayode Eso, JSC whom we celebrate today, may not have achieved as much today if lawyers who practiced and appeared before him then did not challenge his intellect by issues formulated and adjudicated before him”, the former Supreme Court Justice said. The Chief Host at the event, Ogbeni Rauf Aregbesola, Executive Governor, State of Osun, described the late Justice Eso as a courageous and fearless jurist whose life was dedicated to the rule of law. Aregbesola who was represented by his deputy, Professor Titilayo Laoye Tomori, said Justice Eso was a quintessential legal intellectual, who brought much erudition and elevated language to the service of law without losing the greater objective of justice. “Justice Eso belonged to the rar-
est breed of legal minds whose life and times were dedicated to law as the instrument in the service of justice for the rich and poor, the weak and strong. “Justice Eso did not just pass through the land, he left giant legal landmarks. He shot into national prominence when he successfully defended Black miners in the tin mines of Jos, who were protesting against the British colonial authorities. At the Western Nigeria Judiciary, he gave landmark judgements, most notable of which was the trial of Prof. Wole Soyinka for bringing a gun into the television studio of Western Nigeria Broadcasting Corporation. This was a courageous decision that earned him ‘banishment’ to Akure as a punitive measure”, he Aregbesola noted. The Governor also mentioned his dissenting judgement on the 1979 presidential election petition between late Chief Obafemi Awolowo and former President Shehu Shagari. According to Aregbesola, the late jurist traversed the
boundaries of law and language as an elevated art, and was a delight of linguists and literature scholars for reasons of his unique ability to paint pictures of law with language. Others who spoke of the late jurist in similar manner included the book reviewer and Dean Faculty of Law, Obafemi Awolowo University (OAU), Ile Ife, Professor Ademola Popoola, Chief Judge, Ekiti State, Justice Ayodeji Daramola, AttorneyGeneral of Ogun State, Dr. Olumide Ayeni among others. Professor Popoola in the review described the late Justice Eso as a crusader for human dignity and the rule of law, and also praised him for "his exception brilliance of the law". Popoola said the 850 page book co-anthored by Messrs Dauda Ajadosu, Ayodele Temitope Justice, Arigbabuwo Lateef, Odunlami Oluwaseun and supported by Ranti Thomas, was a befitting tribute to the enviable activities of the late jurist on the bench of the judiciary.
Kogi State Judiciary To Establish a Vibrant Sports Unit Yekini Jimoh in Lokoja The Kogi State Judiciary has declared its readiness to establish a vibrant Sports Unit, in order to boost its performance in the forthcoming 23rd edition of Chief Justice of Nigeria (CJN) Games slated for August , 2017 in Calabar, Cross- River state. The Chief Judge of Kogi State, Justice Nasiru Ajanah disclosed this during the presentation of medals and unveiling of Kogi Judiciary's roadmap to a better participation in CJN Games, held at the High Court headquarters in Lokoja. According to him, the state judiciary has resolved to continue to participate in the annual event as consistently as possible, noting that they were poised to establish a very vibrant sporting unit in the Judiciary, to prepare the staff for participation in the CJN Games and other similar sporting events. He said, "There is no doubting the fact that sports has always played a very significant role in human relations and all other endeavours . To us in the Judiciary of Kogi State, taking gains from hosting the 22nd edition of the CJN Games has become imperative, in view of
its importance in shaping the minds and physical fitness of the judiciary staff". While commending the State Government for its support and contributions that led to the successful hosting of the Games, Ajanah lauded the performance of the state judiciary staff for winning a lot of laurels at the competition. "I must confess that you have all made the Kogi Judiciary and the State proud, by your feat, despite the short time you had to prepare for the Games" he added. Earlier, the Chairman of Local Organising Committee (LOC) Mr Bamidele Aina, said Kogi State Judiciary not only participated, but came third overall in the official medal's list, disclosing that the state judiciary participated for the first time. "We won 23 medals, made up of 7 gold medals, 7 silver medals and 9 bronze medals. These medals haul could not have been possible without the unflinching moral and financial support of the State Chief Judge," he said. Aina called on the participants not to relent in training , saying that the 23rd edition of the Games is around the corner.
Ogundipe: Observance of Arbitration Rules Police Docks Project Should be Mandatory for Practitioners Manager for Alleged
Akinwale Akintunde
A fellow of the Chartered Institute of Arbitrations (UK) Nigeria Branch Babajide Ogundipe, has called for mandatory observance of arbitration rules by practitioners. Ogundipe who made this call in Lagos at CIArb Nigeria workshop series with the theme ‘Arbitrators Conflicts of Interest: the Need for Greater Transparency and Adoption of Uniform Standards of Disclosure', also urged arbitration institutions to make it compulsory for members to apply the rules, and to sanction violators. According to him, stakeholders have a duty to ensure that arbitration and other alternative dispute resolution (ADR) processes, remain credible alternatives to
litigation. Ogundipe noted that one way to do so, is to ensure that arbitrators are people with integrity; those who violate the rules should lose their membership of such institutions. “It would be an absolute tragedy for the credibility of the arbitration process to be corrupted through improper and unethical conduct. “These institutions can require their members to subscribe to certain minimum standards, and to make failing to adhere thereto a disciplinary issue that is capable of resulting in sanctions, and such sanctions can be expulsion from the institution. “Get members to sign a declaration saying: ‘I undertake to adhere to these rules, and if I don’t, I recognise that I’m liable to
be sanctioned", Ogundipe said. He added that, party appointed arbitrators are required to disclose any conflicts of interest, such as where an arbitrator has a financial interest in the issue, has a close relationship with a party or counsel representing a party, or a family member has interest in the issue, among others. According to him, circumstances that are likely to give rise to justifiable doubts must be disclosed. “It is not good for us, for people to think that they can buy an arbitrator", he said. Also speaking at the workshop, Mrs. Hairat Balogun, a Life Bencher, said integrity should occupy a central point in arbitration. She said even where
an arbitrator knows parties in a dispute, he could still fail to compromise, if he has integrity. “A person like I know everybody after me. It’s only people who know me who will say: ‘It doesn’t matter, even if the parties are relations, she’s going to do what she must do’. We should put a big circle around the word ‘integrity’", she said. On his part, a Senior Advocate of Nigeria, Ayodele Akintunde, said arbitration comes with a culture of integrity, which needs to be sustained like a “marathon, not a sprint”. The branch’s first ViceChairman, Mr. Tunde Busari, SAN, said every arbitrator must realise that they owe a duty to disclose every possible source of conflict.
N199m Theft Akinwale Akintunde The Nigeria Police has arraigned a project manager, Olayinka Olafimihan, before Tinubu Magistrate Court in Lagos for allegedly stealing N199 million from a property company, Twins Wild Passion. Olafimihan was arraigned before Mrs. Y. O. Aje-Afunwa, on a three-count charge of stealing. The suspect was accused of exploiting the good nature and trust of his employer to milk the company, by forging documents to steal cash, building materials and equipment valued at N199,074,880.15 belonging to Twins Wild Passion.
According to the company, Olafimihan, having been entrusted with managing the affairs of the company, betrayed the trust bestowed on him, by defrauding the company and abusing his office. The company said its fortunes and survival are being threatened, as the suspect converted the company's assets to himself in a grand larceny. Olafimihan allegedly committed the offence between September 2014 and July 2016, while working as Project Manager of Twins Wild Passion at 84, Ozumba Mbadiwe Street, Victoria Island. Police Prosecutor, Goodluck
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07.03.2017
Lagos Set to Host African Arbitrators at 2nd ICC Regional Conference Jude Igbanoi The International Chamber of Commerce, Paris in conjunction with the International Chamber of Commerce, Nigeria will hold the 2nd ICC Africa Regional Arbitration conference in Lagos, Nigeria from May 14-16, 2017. The 3-day conference will be held at the Eko Hotel and Suites, Plot 1415, Adetokunbo Ademola Street, Victoria-Island, Lagos, Nigeria. The theme for the conference is "Arbitration: Catalyst for Economic Growth". It has been described as a "must attend" for Arbitration professionals who want to keep up to date on the latest developments and insights in international arbitration. In a joint press conference addressed by Chief Anthony Idigbe SAN, Mrs. Boma Ozobia and Mrs. Josephine Akinwunmi , they said "Africa is currently experiencing an upsurge in international arbitration. "With a line-up of top class speakers and topical discussions, the conference will provide an excellent opportunity to network and build skills. It promises to be a gathering of the world's most experienced and renowned Lawyers and
Arbitrators. "The target audience which will cut across different sectors of the economy are Arbitrators, Academics, Business Professionals, Corporate Counsel, Legal Directors, Legal Practitioners, Magistrates and Mediators." It is on record that the International Chamber of Commerce was founded in 1919, to serve world business by promoting trade and investment, open markets for goods and services, and the free flow of capital. The organisation's international secretariat was established in Paris and the ICC's International Court of Arbitration was created in 1923. ICC was awarded the highest level consultative status with the United Nations (UN) in 1946, and since then, has represented the private sector by engaging in a broad range of activities with the UN and its specialised agencies. To meet the needs of its members, ICC has expanded its activities over the years. ICC Commercial Crime Services, based in London, was founded in the 1980s, to address all aspects of commercial crime. The World Chambers Federation provides a hub for chambers of commerce throughout the world.
L-R: Mrs. Boma Ozobia, Chief Anthony Idigbe, SAN and Mrs. Josephine Akinwunmi
ICC has three main activities: rule setting, dispute resolution, and policy advocacy. Because its member companies and associations are themselves engaged in international business, ICC has unrivalled authority in making rules that govern the conduct of business across borders. Although these rules are voluntary,
POLICE DOCKS PROJECT MANAGER FOR ALLEGED N199M THEFT CONTINUED FROM PAGE 5 Admoni, said that the offence of forgery contravenes Section 361 of the Criminal Law of Lagos State, 2011. Olafimihan is facing a three-count charge bordering on conspiracy to commit felony, forgery and stealing. Count three reads: “That you, Olayinka Olafimihan ‘M’ and others now at large, on the
same date and place in the Lagos Magisterial District, did steal cash, building materials and equipment valued at N199,074,880.15, property of Twins Wild Passion and thereby committed an offence punishable under Section 285(8) of the Criminal Law of Lagos State 2011.” However, the defendant pleaded not guilty to all the counts, and was granted bail in the sum
of N10 million with two sureties. According to the Magistrate, one of the sureties must be a land owner in Lagos, while the other must be a community leader. The sureties must also present evidence of tax payment, the Magistrate ruled. Mrs. Aje-Afunwa adjourned the case to April 5, 2017 for trial.
they are observed in countless thousands of transactions every day, and have become part of international trade. Currently, 13 ICC commissions comprising of experts from the private sector, cover specialised fields of immediate concern to international business. Subjects range from banking techniques to taxation, from competition law to intellectual property rights, telecommunications and information technology, from transport, environment and energy to international investment and trade policy. In furtherance of the ICC global initiatives, the ICC Africa Regional Conference generates conversations around the relationship between inward foreign investment in emerging markets in Africa, the types of disputes which may arise and the African experience in arbitration proceedings.
Legal Personality of the Week Don Ukaegbu
‘Hard Work and Passion will bring Money and Fame’ I am Don Ukaegbu, the principal counsel at Don Ukaegbu & Company. I am first of all a Human Rights lawyer whose aversion for injustice finds expression in all aspects of human endeavour. I am active in Civil and Criminal Litigation. I advice on all aspects of civil and criminal law in Nigeria and across multiple jurisdictions. My areas of practice interest range from Corporate and Commercial Law to Aviation, Banking, Human Rights and Medical Negligence Law amongst others. I work with a team of lawyers and forensic financial experts and fraud examiners who major in reconciliation, establishment and recovery of excess and illegal bank charges on loan/ overdraft facilities and I'm currently in court against several banks over many of such cases. I am always involved in public interest litigation, in a concerted effort at holding errant government ministries, departments and agencies (MDAs) and their employees accountable and responsible for their acts and omissions in the discharge of their duties, especially as they affect the poor and the downtrodden in the society. An example is the on going court case at the High Court of Lagos State on medical negligence for baby Nicole, a child with cerebral palsy allegedly caused by the negligence of health workers in the employ of Lagos State Health Service Commission. I am fluent in English and Igbo languages; I speak Hausa and Yoruba ineloquently. Have you had any challenges in your career as a lawyer and if so what were the main challenges? I started out with the intention and passion to defend the oppressed and downtrodden Pro bono. For this, I needed to quickly develop my courtroom advocacy skills by working under senior and established lawyers, but I could not cope with the peanuts which I received as salary from law firms. I had to start out on my own—resulting in great hunger, as my poor clients
the Federal Government, which allegation is still under investigation by the Senate Committee on Ethics, Privileges and Public Petition. Who has been most influential in your life? Many people have been influential in my life. In the legal profession, the most influential persons in my life, are notable lawyers who climbed the ladder of success and prominence by a dint of hard work. Lawyers who did not hail from wealthy families, but are today major players in our profession, through hard work. Chief Afe Babalola, SAN, Chief Rowland Otaru, SAN and many more, are in this category. As for me, I was a hawker in Lagos; lived under the bridge at Oja Oba, Isale Eko; sent myself to school and determined to be one of the best lawyers in Nigeria. My resolve to so be was strengthened when Chief Roland Otaru, SAN personally told me his story. Don Ukaegbu
could not even afford to pay for my transport fare to courts and police stations, let alone feed me. But I was determined not to be fluffy or the type of lawyer Nigerians sardonically refer to as charge-and-bail. I had to look for law booksellers who sold books to me on credit. I had to also look for intelligent lawyers to work with without salaries. I got where I am today by sheer hard work and determination. What was your worst day as a lawyer? My worst day as a lawyer was the day I prepared very well for a case, but went to court with the wrong processes. I started moving a motion unrelated to the pending case. What was your most memorable experience? My most memorable experience was the day I appeared for a hearing before a Senate Committee to defend an allegation I made against
Why did you become a lawyer? I did not plan to be a lawyer. Sincerely, my desire to help the less privileged in an unequal competitive society where justice is costly, fuelled my passion for law. I left my first law firm because we did not go to court to prosecute and/or defend people. I could not 'Sidon look', watching errant uniformed men and privileged persons, maltreat the have-nots. It is only with law that a have-not (lawyer) can fight for another have-not (client). The court is even said to be the last hope of the common man. It was thrilling to me at the early stage, that I could file a case for someone and the court would call my case and hear me the same way it heard “big lawyers;” that I could go to the police station to make a case for someone and would be taken seriously, because I am a lawyer. What would your advice be to anyone wanting a career in law? My advice to anyone wanting a career in law
is to make sure he/she really wants to practice law. People who pursue a career in law only for financial gains, cannot be very good at it. Granted that money is needed, no one can be good at what he does not have a passion for (and that applies to any career). Lawyers are needed in law firms, media outlets, banks and various companies, but working without fervour stunts your growth. As for me, passion to use law to deliver the oppressed spurred me into action; stimulated my appetite for reading and research. My desire to win my cases made me buy books on credit. I became proficient in using a computer and the internet without attending a computer school, because I must help those who entrust me with their cases by any means permissible under the law. The joy of helping and solving people’s problem should be your driving force. It is noteworthy, however, that hard work and passion eventually puts good food on your table, and brings fame and prominence. Again, the joy of helping and solving people's problem should be your driving force. “Seest thou a man diligent in his business? he shall stand before kings; he shall not stand before mere men.” (Prov 22:29 KJV). If you had not become a lawyer, what would you have chosen? If I had not become a lawyer, I would have become a preacher or a politician. It is all about helping people. Where do you see yourself in ten years? I see myself as a notable legal practitioner in Nigeria, handling landmark cases that would bring about positive change in our national life and experience. If a door opens in politics, I would also explore it, as a platform for helping a larger number of people. I personally believe that politicians today do not do as much for the people as they should, and would jump at any opportunity to serve the people better.
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NJC and the Administration of Justice Ahuraka Isah writes about the National Judicial Council (NJC) which came into being in 2000, replacing the Advisory Judicial Council. He discusses its composition, one of its main functions, which is to exercise disciplinary control over judicial officers, the disciplinary actions it has taken since its inception and the powers of the Chief Justice of Nigeria therein
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Appeal were received by the respective CJN and Chairman of the NJC. Eighty-two of the Judicial Officers were reprimanded (suspension, caution or warning), by Council, in the exercise of its exclusive Constitutional Disciplinary Power over Judicial Officers. Thirty-eight of the Judicial Officers were recommended to the President or Governor where applicable, for compulsory retirement from office; while twelve were recommended to the President or Governor as the case may be, for dismissal from office’’.
Definitions
he Cambridge Advanced Learner’s Dictionary defines a council as a group of people elected or chosen to make decisions or give advice on a particular subject, to represent a particular group of people, or to run a particular organisation. It could also mean a group of people elected to govern a particular area, town, or city, and organise services for it; or as an ecclesiastical assembly for deciding matters of doctrine or discipline. On the other hand, a Councillor, the dictionary says is a member of a council, or as one convened to advice a governor. It is a form of community leadership representing your local area. A Councillor's primary role is to represent their ward or division and the people who live in it. Councillors provide a bridge between the community and the council. In United Kingdom or Nigeria, a Councillor is an elected member of a local government council. The Wikipedia (the free encyclopaedia) explains that under the Philippine Republic Act No. 7160 (otherwise known as the Local Government Code of 1991), a Councillor is a member of a local council that is the legislative body of the local government unit. In Finland Councillor (Neuvos) is the highest possible title of honour which can be granted by the President of Finland to successful statesman. Creation of the NJC The National Judicial Council which was created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (1999 Constitution), had its inaugural meeting in year 2000. It was modelled after the Judges' Council, a body in England and Wales that represents the judiciary, advices the Lord Chief Justice on judicial matters; originally created by the Judicature Act, 1873. NJC was however, created and vested with enormous powers and functions which the erstwhile Advisory Judicial Committee (AJC) it replaced, did not have, in order to preserve financial autonomy and an independent Judiciary that is committed to the rule of law. The council has a mandate also to guarantee a judiciary run by Judicial Officers and staff with proven integrity and impeccable character; and a judiciary that is information technology driven and equipped with the latest stenographic recording machines. Composition of the NJC By virtue of the provision of Paragraph 20 of Part One of the Third Schedule to the 1999 Constitution, the NJC is comprised of 25 members with the Chief Justice of Nigeria as the Chairman; and the next most senior Justice of the Supreme Court as Deputy Chairman; while the Executive Secretary of the Council is the Secretary. By virtue of their positions, the President of the Court of Appeal, the Chief Judge of the
Hon. Justice Walter Samuel Nkannu Onnoghen, Chief Justice of Nigeria and Chairman, National Judicial Council
Immediate past Chief Justice of Nigeria, Hon. Mahmud Mohammed
Federal High Court and the President, National Industrial Court are members. But the CJN choses five retired Justices from the Supreme Court or Court of Appeal; five Chief Judges of States and of the High Court of the Federal Capital Territory, Abuja, in rotation, to serve for two years. The CJN also selects one Grand Kadi from among Grand Kadis of the Sharia Courts of Appeal, to serve in rotation for two years; one President of the Customary Court of Appeal from among the Presidents of the Customary Courts of Appeal, to also serve in rotation for two years. The CJN is empowered further to appoint two persons not being Legal Practitioners, who in his opinion, are of unquestionable integrity; and lastly, to appoint five members of the Nigerian Bar Association, on the recommendation of the NBA. The five lawyers sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of record, just as the Secretary has no voting rights and not considered as a member.
their midst would still have found it difficult to have meetings with a sizeable number of their colleagues from time to time.
Power of the CJN Although, for fear of being charged for heresy or blasphemy, some stakeholders have murmured that the position of the CJN in the NJC, is almost absolute, like that of the Almighty on His Throne. The main difference remains that the turn-over of the CJNs in the last ten years was so high to the extent that two of them spent barely six to nine months respectively on the seat. Those CJNs were not able to appropriate the luxury of appointing members of the council to give them ‘’every-day- yes’’ support in the council. As it is common with human nature, some members shifted their loyalties to the council’s deputy chairman or succeeding CJN in the council. The drafters of the constitution may wish to claim sovereign immunity, 'rex non potest peccare' or ‘’the sovereign can do no wrong’’; otherwise, they failed to tell whether the council members are representing respective sections of the society. And even if it is, the retired justices for instance have no common platform. Those selected from
Important Function of the NJC One of the most important functions of the Council, is to exercise disciplinary control over judicial officers by way of recommending to the President or the Governors (as the case may be) of the removal of erring or corrupt judges. According to World Bank Group--Law (Celebrating Reform 2007: Doing Business Case Studies); ‘’before 2000 no judge had ever been disciplined for corruption in Nigeria. To sanitise the Nigerian judiciary, NJC instituted a review panel in 2001. Over the next 6 years it reviewed 130 judges, recommending 8 for dismissal, 15 for compulsory retirement, and 13 for reprimands’’. Disciplinary Action taken by NJC since its Inception While reacting to the Federal Government’s defence that the arrest of the Judges in the wee hours of the night were carried out because the council no longer live up to its mandate of exercising disciplinary control of the judiciary, but rather shielding some corrupt judges, NJC gave the following statistics in its press statement of October 13, 2016. ‘’From year 2000, when the NJC held its inaugural Meeting to 2016, 1808 petitions and complaints against Judicial Officers, including CJNs, Justices of Supreme Court and Court of
"ALTHOUGH, FOR FEAR OF BEING CHARGED FOR HERESY OR BLASPHEMY, SOME STAKEHOLDERS HAVE MURMURED THAT THE POSITION OF THE CJN IN THE NJC, IS ALMOST ABSOLUTE, LIKE THAT OF THE ALMIGHTY ON HIS THRONE"
Immediate Past CJN The immediate past CJN, Hon. Justice Mahmud Mohammed, GCON, had in a keynote address he delivered at the opening ceremony of a two-day training workshop for the Abuja Chapter of the National Association of Judiciary Correspondents, NAJUC on 3rd December, 2014, held that the era when the activities of the judiciary were shrouded in secrecy was over. He stressed that the role that the press had played in enthroning integrity, probity and transparency in the judiciary, could neither be underestimated nor over-emphasised, adding that there was need for the public to be properly informed about the nature and activities of the judiciary. “The general belief was that all the activities of the judiciary started and ended in the court room. The scare of the dreaded subjudice or contempt of court hung ominously over information or on the head of the information disseminator. The judiciary was a no-go area for the media by whatever means, and the judiciary itself saw no use it could make of the press. The judiciary completely lived in its cocoon. Any prying eyes of the media into the affairs of the judiciary, was treated as a satanic invasion or demonic intrusion, that must be resisted and repelled by any means, especially by the use of the doctrine of contempt of court ex facie curie. However, the trend has changed’’, Justice Mohammed said. Honourable Justice Walter Onnoghen, CJN As Honourable Justice Walter Samuel Nkannu Onnoghen now takes over the affairs of the judiciary, after being confirmed as the substantive CJN, the trend his immediate predecessor said has changed perhaps should be demonstrated by NJC as well. The council members would argue that they are representing the ‘judiciary’ and not necessarily any particular section of the society to justify the ‘’literary or ordinary’’ meaning of the terms ‘’council and Councillor’’, which is understandable. The public still believe that the CJN’s power to nominate virtually all the members of the council, gives him the opportunity to control and direct the affairs of the judiciary, according to his ability. Therefore, he takes almost full responsibility for the performance of the council. Ahuraka Yusuf Isah, Media Aide to former Chief Justices of Nigeria, Hon. Justice Aloma Mariam Mukhtar (GCON) and Hon. Justice Mahmud Mohammed (GCON)
Saraki's Wife Laments Plight of Women, Urges Media to Sustain Advocacy Tobi Soniyi in Abuja Wife of the Senate President, Mrs Toyin Saraki, has decried the high rate at which children are dropping out of school, even as she appealed to the media not shirk their responsibility to promote women's rights. Mrs. Saraki expressed concern over the development yesterday in Abuja, at a two- day conference organised by the Proactive Gender Initiatives, a non-govermental organisation with the support of the Ford Foundation. The wife of the Senate President noted that, despite the huge number of women in the country as well as their enormous responsibilities to societal growth and development, issues affecting women were often relegated to the background.
Represented by Mrs. Irene Samuel, Mrs Saraki said: "We must protect women and girls from violent acts such as rape, sexual abuse, female genital mutilation, sexual harassment and discrimination. "The media must be in the forefront of championing this cause, by advocating for gender parity in the polity". In a keynote address, the Chairperson, Senate Committee on Women Affairs , Binta Garba noted that consistent advocacy through community centered actions by civil society groups and media, would help in the implementation of the national policy on HIV/AIDS and reproductive health. "It behoves on community centred actions and advocacy for these protocols to take effect, because left for government alone, the rights
of women and youth would be near non -existent", she said. She noted the girl-child and women have to contend with numerous challenges, some of which she identified as: violence in the home; sexual harassment ; rape and defilement ; female genital mutilation and forced childhood marriages. Senator Binta Garba commended former Governor of Lagos State, Asiwaju Bola Ahmed Tinubu, who made it a policy in Lagos, for women to occupy the post of the state's Deputy Governor. Speaking on the theme of the conference, "Women Rights, Youth and Media Advocacy", Senator Garba expressed the hope that with sustained community action on government at all levels, the rights of women and youth, would be entrenched.
She said: "Nigeria as a signatory to international protocols, conventions and treaties, some which have been domesticated in the country, is bound to honour these obligations with the right advocacy which groups like the Proactive Gender Initiative has been championing". Speaking earlier, the National Coordinator of the Initiative, a legal practitioner, Esther Uzoma said that 24 states have domesticated the Child Rights Act, adding that advocacy was still on going, to get other states that were yet to adopt the law, to do so. She stressed that the "Violence Against Person Prohibition Act' is a latest innovation in gender rights", adding that the organisation is sensitising Nigerians on the beautiful provisions contained in the Act, to ensure that the law is domesticated.
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07.03.2017
‘Nigeria Police is One of the Best in the World’ For a megacity like Lagos, crime fighting is not done with kid gloves. The only reason Lagosians can go to sleep with both eyes closed, is because there is tough cop in town, who despite all the societal and systemic challenges, is not undaunted. Mrs. Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi, last Wednesday paid the Lagos State Commissioner of Police, Mr. Fatai Owoseni a visit at the State Command Headquarters at Ikeja. His passion, enthusiasm, and love for Nigeria and the Police Force shone through refreshingly, as he spoke with candour about his vision of making Lagos State crime-free.
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P, it seems that crime is back on the rise in Lagos State. Even home invasions by armed robbers which seemed to have dwindled to an all time low, seems to be happening frequently again. What are the reasons for this? I disagree with that assertion. Crime is not on the increase in Lagos, as you have asserted. I don’t know what data you have to back up that assertion, but I clearly disagree with you that crime is on the increase. We have not been having home invasions as you have put it, but the bottom line is that there is no society that is free from crime. What you hear people talking of when they talk of crimes, is that of one incident which may have happened and is continually discussed in the media for another 3 months, meanwhile people will think that it is just happening. But I can tell you that the Command has risen to meet its statutory responsibility to make sure that we manage crimes to a tolerable level in the Command. The issue of kidnapping has become a serious problem not just in Lagos, but many parts of Nigeria. Why? Could it be that this heinous crime is becoming more attractive to criminals because the Police has not been effective in arresting kidnappers and bringing them to book, to make examples of them and discourage would-be criminals? That is also a wrong assertion. For every kidnap case that has been recorded in this Command, criminals have been arrested, victims are being rescued or their releases are being facilitated. So it will be wrong to say that the Police is not effective and not been alive to its responsibility. Rather, we have risen to the occasion, and ensured that the ones that we are not able to prevent, when they occurred, that we have ensured that the criminals are brought to book and justice. For every one kidnap case that you have probably heard of, there must have been 50 to 80 that must have been prevented. We are not saying that they do not happen, but it is not as alarming as probably some people would want us to believe. How challenging is the task of policing Lagos State? Is it more challenging than Oyo State, Akwa Ibom or other States? Every State has its own peculiarities. The challenges that we face in Lagos with regards to policing may be special to us, but if you go to some other places, they will have their own challenges that are also special to them. We have talked of terrain, because of the pictorial nature of the state, the waterways, the swamp, the forest and everything. Policing challenges are almost the same everywhere. But most importantly, the one that we can really talk of which is not only peculiar to Lagos, is the tools available to discharge our responsibilities. The government is trying as much as possible, to make available these tools, the wherewithal, but policing and security do not come cheap. Very expensive. So the more we have improvement on those tools, the more effective the Police will be.
Mr. Fatai Owoseni PHOTOS: Kolawole Alli Another challenge in Lagos is the population. Research has shown that the more people that you have in a community, perhaps the higher the possibility of crimes that will be committed. In Lagos, we’ve tried as much as possible not to allow that theory to cloud whatever we are doing. We know that we are challenged with population increase, influx of people. The World Economic forum reported that an average of 85/86 persons enter Lagos per hour compared to what has been said of New York City, 9 persons per hour and the UK, 7 per hour. If you follow the research, you find that only 15 out of the 85 people per hour do not stay. So the remaining 70 stay put, and the big challenge facing the government is in terms of infrastructure, expansion of the infrastructure, and how to cater for them. The backlash of all this will come on to the Police. We have continuously looked at the pattern of crime and restrategised how we address the crimes as they emerge. Back to the issue of kidnappers, there are certain areas, like Ikorodu, Epe that seem to be more prone to kidnapping. Obviously, your border States like Ogun, even seem worse hit with kidnapping. Are you cooperating with each other? We have a strong synergy with Ogun State. The waterway stretches from Lagos to Ogun to Ondo, and the Police is the same
one Police. So, we have been collaborating effectively with the neighbouring states to ensure that we handle this holistically. Plus the synergy we have with sister agencies. One thing you should know is that criminals themselves, as tough as they may appear, they also look for places where it will be easier for them. That is to say the vulnerability of the area also matters. So, those areas you mentioned
"FOR EVERY KIDNAP CASE THAT HAS BEEN REPORTED IN THIS COMMAND, CRIMINALS ARE BEING ARRESTED, VICTIMS HAVE BEEN RESCUED OR THEIR RELEASES HAVE BEEN FACILITATED. SO IT WILL BE WRONG TO SAY THAT THE POLICE IS NOT EFFECTIVE AND NOT BEEN ALIVE TO ITS RESPONSIBILITY"
might have been considered by them to be vulnerable in terms of the terrain, vulnerable in terms of the practices and the level to which citizens in the area are alive to their civic obligations. Added to that, is that if you look at the kidnapping thing that takes place in that area, it is tied to the terrain of that area. Most of these fellows that engage in this criminal act of kidnapping, are people that were hitherto pipeline vandals and bunkerers, and we have a pipeline taking oil from Atlas Cove to Mosimi. Ikorodu/ Epe axis which are gateways to Mosimi, and of course, having found it difficult to earn a living criminally through pipeline vandalisation and bunkering, they now tend to look at other things that they can do. And that is where you have some of these pockets of kidnapping cases happening around these areas, which were the centre of activity for pipeline vandalism and bunkering due to their proximity to Arepo and so on, which used to be the landmark for such activities. Of course, it is also a gateway to enter Ogun State and Ondo State; even move further than that, and when you look at the nature of the water as well, shallow covered with forest, swampy, where they can easily use the creeks to hide and escape. Notwithstanding, all these challenges have been put together and have been addressed
07.03.2017 "BEYOND THAT DO YOU THINK IT IS A HERBALIST WE CONSULT WHEN KIDNAPPERS ARE ARRESTED? WE HAVE DONE REAL RESCUE OPERATIONS IN THE COMMAND" holistically, visibility has increased to Police and other security agencies, enlightenment and advocacy with members of the public on the need for them to be vigilant. Some of the cases, you find greedy young people in the area serve as informants to some of these criminal elements. I want to say with emphasis that we now have a reduction in these crimes. With the support of government, the Police jointly with other security agencies, have addressed these crimes with vigour. Where we are not able to prevent the crime, whenever it happens, our reaction has been swift, arrests have been quickly made and there is a good number of them awaiting trial, that are being kept in prison. So, that is working and we are not resting on our oars. Government is also trying to improve infrastructure, especially with regard to access to some of these areas, which plays a key role. We are also getting the people in these areas to be a part of our security architecture. Is the Police adequately funded by Government? What effect does lack of adequate funding have on the Police Force in terms of carrying out its duties effectively and efficiently? What would be the ideal amount to be budgeted for the Police in a megacity like Lagos which is so densely populated, as opposed to one of the smaller states, to ensure better security in the State? Hardly can you say that an institution is adequately funded. There will always be something that is left out. Of course, the government is the father of many children that have to be catered for. We are looking at security which is paramount, and also education, health, roads, catering for the old and the young people. So, in the midst of that, the government should also prioritise. Adequate funding of a government institution is a tall order. That should be an utopian thing. But government must cater for every institution to the extent to which its lean purse can support. It is important for us to know that security, which is paramount, is the most expensive part of government expenditure. And that is
COVER/9 why the government has also been saying that in addition to government funding, all hands must be on deck, together, in raising our Police to the standard that will make it perform effectively well. The Nigerian Police Force seems to have a lot of catching up to do in terms of technology especially for crime detection. There is absolutely no comparison with crime detection techniques in Nigeria and that of foreign countries like the UK and USA. What are you doing to step up your game in terms of acquiring this modern technology and equipment, which would certainly make crime detection easier? Does the Police even have a finger print data base for criminals? That is why it is good to have this kind of interaction. I think that the narrative has since changed. The Police that we have today in Nigeria will compare in terms of application of technology to investigation. You know that intelligence matters and that is why we have been doing a lot of intelligence led policing and getting to the grassroots to interact with people. We have this Police Community Relations Committee.The Inspector-General of Police also introduced the Eminent Persons Forum. It is in order to spread ourselves to the grassroots, to be able to get information from members of the public. Its starts from there. Even where you have the most advanced technology, you still need the people. The best CCTV you can think of is human beings. It is not the camera itself as people say. We talk of finger prints, except you are not following, that is part of what we are doing with the tinted glass permit, which is being biometrically captured. There is a Central Criminal Registry where we keep data. That is why we have been telling members of the public that, if you want to employ domestic servants, come to us. We’ll take the finger prints, we’d be populating the data. Beyond that do you think it is a herbalist we consult when kidnappers are arrested? We have done real rescue operations in the Command. We did it here when a medical doctor was kidnapped. Tracing where the doctor was kept, and liberating him. It was not by consulting a herbalist, that we knew where the victim was kept. Take the ones that have made the headlines, like the Turkish International School, the kidnapping of the Oni Iba of Iba, we secured the release of these persons. Immediately thereafter, the suspects were being arrested, even with the share of whatever bait they must have collected. Its not through consulting an "Opele". It is technology! When you talk about technology, as per the hour, there is improvement. Even in those advanced countries, they still commit crimes and it takes time to solve. You talk of detection and investigation, we are just people that are always impatient. Here, we
hardly recognise and follow processes. We just want to jump from one to ten. In some other places, they are painstaking, even with the advanced technology, investigation and detection may take years. But here, its cut and nail! You just want that, someone is killed now, in another one week the criminals must be got. In the course of rushing things, we make mistakes. If you are talking of the challenges and what probably affects our detective abilities and investigations, it's more of the people. You will hear the shout of "thief thief, ole ole". You get there and they are about maltreating the suspect. By the time you pick the suspect up, sleep in that area for 24 hours, not a single person will come out to say that 'this is what I saw the person doing'. In those other places, you will see evidence of what crime that person has committed. You will also get witnesses who will come and say ‘I am the victim.’ So that affects our investigations a lot. People will come and tell you that they don’t have confidence in the police. How will you have confidence in the Police that have to also work within the ambit of the law? If you have reported a case of theft or 419, the only thing they want to hear is, ‘I gave Mr. X the sum of N5m to do business. Or we agreed to do this business, and when the proceeds came out he cheated me. Or the N5m I borrowed him, he refused to pay me.’ The first thing you are asking the Police is, ‘help me to collect my money.’ The law doesn’t make provision for that. The same thing in accident cases. Two people are involved in an accident on the road, in some other countries, you only exchange insurance papers. You won't even need to go to the police station, maybe only for the records. But the person who feels that he is a victim of an accident is telling you ‘oga, tell him to repair my car!’ the law does not make provision for that. The law only says, ‘charge them to court,’ and the guy who wins the case can then file for damages. So, where you don’t do that, the police is a bad person, the institution is bad. But some of these types of duties are not the duties of Police. In our own case as the Police, we are the losers. We carry the burden of the society. Once you are not able to satisfy the whims and caprices of one party, you are a bad person, even when you are acting within the ambit of the law. So, that explains what you are saying, its not that we are lacking in finger print technology. Do you have a DNA facility for criminals? How many countries have that as well? In the UK they have. Everybody talks about America. But you need to first talk about the basic things. If those basic things are not available you don’t jump from one place to another. Of course, you know
the Lagos Sate Government is building a DNA laboratory. To some extent, we used to have a forensic lab at Oshodi. There are cases that have been done there, especially when that air crash took place. Some of our experts use them, but it’s the spread. You can say its not widespread. Even in those advanced countries, they also still send samples to other places. So, its not as if one country or one state in the US or UK is all sufficient. Its what you have that you use. But I want to tell you that the Police that we have today can match any police anywhere. Its just the way we look at our police. Just like you see a constable or a corporal on the road, and you think he is nobody, No! some of these corporals and sergeants you see on the road, have a second degree. But unfortunately, members of the public always think that the policemen are from the dregs of the society, no, that narrative has changed. The Police slogan is “Police is your Friend”. However, most people actually believe the opposite, that is, Police is your Enemy. Why do you think Nigerians have such a negative view of the Police? Some people even say that for example, if you see an accident victim on the road and try to rescue them, the Police can turn around, arrest you and say that you caused it. Why is there this distrust? What is the Lagos State Police doing about it? Maybe I should ask you. Its not about doing anything. If people in this country don’t see police as friends and see police as enemy, it’s a reflection of who they are. If the police is bad, the society is bad. The Police is a mirror of the society. You can't take that out. We that are in uniform, are we recruited from Ghana? Or did we fall from heaven? We keep on challenging the senior citizens in this country, traditional institutions and religious leaders. If the police or any security institution is recruiting now, they will ask them to make an attestation. They will take the form to clerics, traditional rulers and political leaders. I wonder if there is anyone who has disrecommended any candidate to say ‘oh, this person is always making trouble.’ As we sit down here now, even if you have one stubborn boy in your family who brings his form to you, you will say he is the best boy we have in this family. Look at the society, for every law that is made, the first thing that comes to people’s mind is not how to break that law, but how to circumvent it. For instance, the traffic lights, some people will want to drive past on red. Now someone is standing there to make you account for that omission and you’d probably give an excuse and say ‘oh, I am sorry. I am late for a meeting.’ Crime is such that even something as little as that. Go to banks or places of business, and you have ordinary water dispenser, people as high ranking as managers and supervisors will bring empty bottles from their houses and put water there! That is stealing! But if a security guard in the bank says ‘oga you cant go with this water o', because the water dispenser is meant to be used with disposable cups there. Where we copied this water dispenser thing from, you can't take the water home. You drink it there and throw the cup away. But here, after using the disposable cup, you will even put it in your bag. If the security guard challenges you, then you hate him. Some of us when we were young the friction we had with our parents was if we sneak out and by the time you want to enter the house and your dad catches you, he will beat you. At that moment you’ll hate him. But when he is buying you things and giving you money for your wants, you’ll love him. That is how you can see the police too. But the police remains that institution, whether you like it or not is not just a friend, but a helper. It starts from putting the police on the road to take children across the road, and it is only the police you can call at any time of the day that will respond. Most of the other public services, once it is closing time, they can even stitch off their phones. The Inspector-General of Police will never switch off his phone. I don’t switch off my phone either. Its only the police that you’ll go to anywhere they are, in the middle of the night, and even then you may find CONTINUED ON PAGE 10
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'NIGERIA POLICE IS ONE OF THE BEST IN THE WORLD' CONTINUED FROM PAGE 9 three men on duty even if one is dosing. Its only the police station that once you open, you throw the key away. So, you now think that we are enemies. Its only the police that you’ll see on the Third Mainland Bridge and will ask you ‘Madam you have a flat tyre.’ You have been reading reports of police men helping people to change their flat tyres. Its just that expectations of the people are more, not only on the police, but the government and on other agencies. That has been there. Its just like in the US, the taxman is never liked. Anything that will check and balance you, you’ll never like. But the police remain your helper and your friend. You have institutions created, if anything happens, whether its LASTMA, FRSC its Police, Police, Police everybody will call. The Police is just a brand like Coca Cola. When people get thirsty and they want to drink Fanta of Sprite, they will still say ‘Give me Coke.’ What Police actually requires is more of sympathy and not condemnation. Why are the Police Stations and Prisons in Lagos State in such a deplorable condition? Most Police Stations are so filthy that you can smell them a mile off, well before actually entering the facility. Why are they in such a bad condition? Is it a case of lack of funding or corruption? What advice can you give to Government to improve conditions? By the time you entered this office did you smell anything? No! its in the minority. This is not a police station and it is not a prison. Its the Commissioner of Police's office. It is different. You have touched a very good point. First, what is available for you to do a very good job is not there. Then two, the turnaround of the usage, is quite high. People will come out to say carelessly, that we are not good managers of resources. A vehicle that you will give to the police, if the police is working, the maximum lifespan shouldn’t be more that one year. Because that vehicle will be on the road 24 hours, 7 days a week and 365 days a year. In the process as well, the driving changes hands, because you have different people on shift duty. Also the terrain on which we drive our vehicles, is different from the ones they drive in the US or UK, as people would always like to compare. The police station is like a market, I must tell you. The same as if you go to a hospital. If the hospital is not properly kept, bad odour will come out of there. The police station is the reception area for everything, all kinds of people. Even people picked from the gutter, or accident victims who are dead. You are waiting for an ambulance you don’t see, so you put that corpse in the police van. You probably take the dead body to the hospital, and they tell you the mortuary is full, even government hospital. The police doesn’t operate a mortuary. You are left with the discretion and compelled to take that dead body to the police station, even if its already stinking. So, all sorts of stench assemble at the police station and when you have such a situation, you could have that kind of problem. But that is not to say that we have not averted our minds to it, its individual efforts that will keep the place neat as much as possible. Don’t forget that its in that same police station that you’ll see all sorts of exhibits, some blood stained. Sometimes awaiting trail suspects are asked to be kept in the police cell and that cell may be next to the Charge Room, which is a confined area which also has facilities that are used as convenience. If you go round, you’ll find that we are trying as much as possible to ensure that those things of the past are not there again. There have been expansions and there have been redesigning of police stations, so most of these things are being taken care of. But we have the situation like Ikoyi Prisons for example, which was designed to accommodate about 800 persons, but it now has over 2,200 inmates. Most of them are said to be awaiting trial and they all practically lie on top of each other. What are you doing to decongest prisons? I don’t work for the prisons service. They should be able answer that. But in terms of the administration of criminal justice,
that you have facilities being overstretched and overcrowded, all of us involved in the administration of criminal justice are guilty of it. Look at the judiciary, the courts, what are the facilities available to dispense justice quickly? How sincere are people in your profession, legal practitioners? A case that is supposed to take maybe one year, they keep dragging it with all sorts of delays. But the police arrest people for the flimsiest excuses, like wandering. They pick people up and keep them in detention for years, and they keep on languishing in detention. Wandering is no longer a law. I can give you examples. When we raid, like over the weekend, a raid was carried over in search of criminal elements. One of the methods you can use to rid the society of criminals is to do constant raids. There are places here in Lagos where you have all sorts of miscreants, street fights and others. When we raid, the first thing we do, is to do some kind of screening, in order to be able to identify some of them who may have a credible means of livelihood. You said flimsy, but what you call flimsy may not be flimsy to the police. You can say people are out there, you round them up and you may find a wrap of Indian hemp. You may find an object that can be used to commit crime. I wonder if people know in this country that if you carry a dagger in your pocket, it is an offence. These are some of what people call flimsy excuses. There are places in Lagos where the order of the day, is for cult groups to fight for supremacy as to who controls a street. You want to park your car, some boys will surface and say ‘this particular place belongs to our grandfather.’ As we are dealing with that, another group surfaces. As soon as the police gets there and makes arrests, people will ‘you just packed them because they are quarrelling over this?’ They call it flimsy. But in the process people can be injured. Go around Lagos, and you will find instances when your car breaks down, some boys will emerge and they will demand that before you change your tyre, you must pay the some money. Its not as if they are going to help you change that tyre. When they are arrested, they will tell their parents that ‘aaah we didn’t do anything, we only asked for money.’ That is demanding with menace. These are what some people term as flimsy. I as a lawyer was called recently by someone, as if in an emergency, that he was arrested on his way to work. In fact I had to go and bail him from the police station. What was the reason for the arrest? That he had dada hair (dreadlocks) and the police said he must be gay! His Manager also narrated her
own ordeal that ‘I was outside my house, escorting my visitor in a pair of shorts and a t-shirt, and the police wanted to arrest me for prostitution!’ These are flimsy excuses and there is a lot of that. To be sincere with you, that maybe one out of about 200 cases, like that. What we have now is responsible policing. People do call senior officers. People call me on a daily basis. For instance I have had people call me to say ‘there was go slow and took one-way.’ But what the person has told me is not what he will tell you. I am not saying there are not instances where you’ll have that. But when it gets to the attention of a senior officer, we quickly address such. All over the world such things happen. You are a senior lawyer and you know that in the course of detection of a crime, the police can pick as many people as possible. That is why the places you like to compare us with, like USA, ordinary car plate numbers are very important. The back plate number is more important. Mere riding behind a car, a police man will put the number on his computer and the driver of the car's social security number will appear, and if they give a ticket, there is no way that person can escape. But here the situation is different. You stop someone and ask him where he is coming from, he will tell you ‘I am coming from work. This is where I work’ and he will show you his identity card and give you his boss’s number. But if you call that number, I can bet you won't get the person. It would then be a matter of discretion, and we are not a country that lives by the truth. When a crime is committed and you go with the suspect to his residence, you will discover a lot of different things. But most importantly, when it comes to signing sureties, you will see No.10 Ojuelegba and when you get there, it has turned to 20 Ijanikin Street. That explains why you probably have such a situation. You’ll find out that most of these problems will still go back the level of development of our infrastructure. That is why it appears that for everything, even the lapses of every institution in this country, be in judiciary, legal profession and other minor security agencies, whatever they do wrong, it is the police that carries the brunt. You have institutions created, if anything happens, whether its LASTMA, FRSC its police, police, police everybody will call. The police is just a brand like Coca Cola. When people get thirsty and they want to drink Fanta of Sprite, they will still say ‘Give me Coke.’ What police actually requires is
"I WONDER IF PEOPLE KNOW IN THIS COUNTRY THAT IF YOU CARRY A DAGGER IN YOUR POCKET, IT IS AN OFFENCE. THESE ARE SOME OF WHAT PEOPLE CALL FLIMSY EXCUSES" more of sympathy and not condemnation Would you agree that every State in Nigeria should have State Police? I would not be in a position to answer that. It is for the people to decide. It may be necessary to mention also that the elders who worked on the Constitution, especially with regards to the police, a lot of things had been taken into consideration. I wonder how many Nigerians have read the Willink Commission Minorities Commission Report of 1958, which provided for how the police should be run. It’s a classic one and we are not taking advantage of its provisions. Of course, you look at the Nigerian Federation, its not a loose federation like other countries. You can't put something on nothing and expect it to stand. If you don’t have loose federation, you cant say you want to create state police. That is one aspect of it. That is why when a Commissioner of Police is posted to a state, it has to be on the recommendation of the Police Service Commission. That is also why you have the Police Council. Every State Governor in this country is a member of the Police Council. What is envisaged is that you cannot have a situation where all the Governors would be from the same party. It is to balance all those things. But beyond all that, it is not who has the ring that controls the police effectively. Even if you break the police to state police, local government police and so on, that will still not affect the performance of the police. Even in countries where you say they have state police, it is only some duties that are assigned out. We already have that in Lagos. We have LASTMA controlling traffic. You may create all these agencies, but you’ll still come back to the police. Many people don’t know this; the Nigeria Police is one institution that has really unified this country. But most importantly, it is the tools available to do the job that matters. Its not who has the ring or who exercises control. CONTINUED ON PAGE 11
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'NIGERIA POLICE IS ONE OF THE BEST IN THE WORLD' CONTINUED FROM PAGE 10 There has been complaint that the number of police escorts assigned to VIPs and Politicians is astronomically high, especially in Lagos. To what extent does this impact on manpower needs? I will also say that that perception is wrong, when you say "especially in Lagos", I sit here and I want to tell you that its not true. The issue is that even in some other countries, they do have body guards. You may not see them in uniforms. But here, the Inspector General of Police has come out strongly to say that he does not want to see our policemen being used for such demeaning jobs. You see that any person that is elected into any office in this country, the first thing they ask for is 'give me police orderly to carry my bag, or carry my wife’s bag, or escort my children to school.’ Its not as if the country is so insecure, its just that they want to show that they control power. But there are people who, because of the nature of their work and under the existing rule, are entitled to police escorts or orderlies, like the members of the judiciary. You cant deny them of that. Apart from that, there are instances and exemptions. Like if you take on the case of a kidnapper for instance, you may write to us to say that your life is in danger. That you need police escorts. The Nigerian elite are the ones who complain about this the most, yet they are the worst offenders. Somebody will go and contest for Senate in his village and his people find him worthy and elect him. Immediately he is elected, he will ask for police escort and will carry mobile policemen to his village to go and scare the same people, who found him worthy to vote for him. But the police has been careful to ensure that its only those who are entitled that are so provided with escorts. Apart from Governors and Judges, who are those entitled to police escorts? Apart from those ones that I mentioned, there may be some people that are considered vulnerable. You may be a victim of crime and you may need police security on a short term basis. To give you confidence for some time, security can be built around you; it’s not for a long term. It may just be for a short period to enable you overcome the trauma. But these are reviewed from to time. Does Lagos have enough manpower? When you talk of manpower, can you say you are self sufficient. I don’t think so. Everybody talks about the United Nations Policy of ratio 1-400. That might be enough. But in some places you can do 1-1,000. It depends of the infrastructure you have in place. If you have the appropriate tools and technology, one person can sit down here and police as far as Maryland. Inasmuch as Nigerians are clamouring for increase in manpower, what is needed most is technology backup and the willingness of members of the public to live up to their civic responsibility. Its about getting information to the police on time. Policemen are becoming quite legendary for maltreating members of the public, extra-judicial killings and going scot-free. What are you doing to curtail these trigger-happy policemen? Do they undergo any psychological evaluation or assessments, anger management? There was the case of the Ekpo family in a Keke Napep which is open for all to see the occupants. The police opened fire and killed the wife with her husband four children present in the Keke Napep. If I may ask you, throughout 2016, give me the number of extra-judicial killings that were recorded compared to the previous years. Everything has changed. Now in the case of Godwin Ekpo, that happened in 2015. The following morning, the policeman who was involved in the incident, was charged to court. That is the provision of the law and the case is still ongoing. Its not the police that is dragging it or delaying it. Apart from that, in addition to doing what the law asked us to do, the police also gave scholarship to the children of Godwin Ekpo. The Lagos State Command took up the medical bills of Ekpo which ran up to more than a Million Naira. Being compassionate, the Command also looked at Godwin Ekpo, who prior to that time, was earning his living from a tricycle, and the Command bought him a commercial
bus. We are not saying money is enough to compensate for a lost life. We also paid for him to relocate from where he was living, to a more comfortable place, and paid two years rent for him, and many other things. That is how compassionate and responsible the police has been. Its only the police that will quickly parade its personnel to say ‘these fellows were caught in extra-judicial killings.’ As far as Lagos is concerned, there was no extra-judicial killings throughout 2016. Talking about psychological evaluation, every Nigerian must go through psychological evaluation. Let’s use Lagos as an example. In some other climes, you won't see people yell at each other. You won’t see people removing their shirts to fight in public. The tension which is associated with megacity life, can cause that. We are all human beings. Within five minutes, everything can change. But a higher standard of self-control is expected of a man who is armed with a weapon than a person who is unarmed. No! it’s the same thing. but in this Command, we have done weapon handling trainings. Recently about 3,500 of our men were made to go through a one-week reorientation programme. What we do in that programme, is to let them know what the rule of law is, how to relate with members of the public, how to relate with the press, what is ethical and unethical behaviour, and we get psychologists to talk to them. Also, we have the X-Squad. That is like the ICPC of the police. The X-Squad goes round to check on policemen. The Inspector-General has strengthened it, and we now have the Complaint Response Unit. That if you see any act of misconduct by any policeman, you can quickly log in and you can call a number to say ‘this is what I have observed in this area by a policeman.’ That is how much we have made ourselves accountable. The IG recently issued a directive to all Commands, that policemen should no longer stop people on the road to check vehicle particulars. To what extent has this Command complied with that? His predecessor in office also issued an order dismantling road blocks. Let me quickly correct that. The IG did not issue a directive to stop checking for vehicle particulars. It was a statement made by a senior officer, which went viral. Then the issue of road blocks is something that has stopped. Every command is complying with that order of the IG. You cannot see road blocks anywhere in Lagos State again. But we have what we call ‘tactical operation point’ or Stop and Search.
If a car is snatched, one of the means of recovering that car could be stop and search. For instance, if a vehicle is searched, you the owner may know that you kept your particulars in the pigeon-hole, but the thief may not know. When they stop him and ask for his particulars, he may fidget and that is where the training of the police officer would come into play. Remember the discovery made by Customs. If they had not done stop and search, that wouldn’t have been possible. Goods were cleared from the Port, the 612 pump action riffles that we recovered, was through stop and search by the vigilance of the Customs. Where operational expediency comes, we’ll do stop and search. They are helpful. Corruption, bribe taking, extortion, debt collection by Police officers, what are you doing to curb all that? It is unfortunate that members of the public will still say this. As if we are not members of the same society. As if we are not seeing what is happening in the society. Its very unfortunate. Nooo! The truth is that the police has the widest spread. That is number one. That is why it seems as if the police is a carrier for everyone. When you talk of corruption, the size of the police with the size of some other organisations, you will know that the police is not corrupt. It is wrong to make that general statement. Nigerians are seeing that now. If very senior members of the judiciary are facing such a thing, will it right for anyone to come and say the police is corrupt? I may be selfish in what I am saying, but no organisation has the level of accountability like the police has today. The feedback has been quite encouraging. When the Minister of Information launched the ‘Change Begins With Me’ slogan, its only the police which has keyed into that. Today, every state police command has launched it and abides with it. Tell me any other organisation which has done this. There have been situations where people will come to you for one assistance or the other in a matter. They feel that thank you may not be enough and they want to drop something. When you refuse, they will go and gossip and say ‘the man must be wicked. Its because it didn’t touch his mind.’ I saw on the 'Change begins with Me' notice board when I was entering your office something like ‘The Police is not a debt collector'. I should probably hold you as the number one culprit. Lawyers always follow parties
"WHEN YOU TALK OF CORRUPTION, THE SIZE OF THE POLICE WITH THE SIZE OF SOME OTHER ORGANISATIONS, YOU WILL KNOW THAT THE POLICE IS NOT CORRUPT. IT IS WRONG TO MAKE THAT GENERAL STATEMENT"
to the police station. Your client has reported or you have written a petition to the police on who is owing your client. Most of such petitions are often laced with lies. You will hear ‘I borrowed him some money and when I went there to demand it, he threatened my life’, to make it look criminal. When we now call the parties and find out the truth, we try to apply alternative dispute resolution. You will hear ‘oga, let him enter into an undertaking.’ The police station is not a place you enter into undertakings. Such undertakings don’t hold water anywhere. When they don’t get what they want, they take the case to another police station. Its like those land cases, the police will tell you to go to court. The police as much as possible doesn’t want to get involved with land cases. That is the essence of alternate dispute resolution, to see if parties can resolve disputes amicably. There are things I have seen in the course of this police work, I have been in investigation. I don’t know if most of our lawyers know that our criminal laws don’t have provision for restitution. If you are given a free hand to make revolutionary changes or improvements in the police force what would be your top five changes? I wonder what you mean by revolutionary changes. There is nothing revolutionary anywhere. We can have that police that is quintessential, if we all join hands to work together. We need to understand what the police is doing. We need to understand that the policeman is an endangered specie. We fight wars on a daily basis. We fight an asymmetrical war. That criminal that you have prosecuted won't see you as a friend. He will find a way to harm you. But we can help to win that war, not by pointing accusing fingers at the police. Because if you point accusing fingers at the police, you are pointing the fingers at yourself. The society dictates what the police is. Police work is the noblest job anybody can do and the Nigeria Police is one of the best in the world. I have seen police in many other countries and I can say this with confidence, the police are like angels of God, anywhere you turn, in hours of distress, it’s the police that you will see there, whether for bad or for good. Are you saying there is no room for improvement? In everyone’s life there is always room for improvement. Whatever happens today, there is always a lesson learned. Its not just about institutions. So, I would say the policeman is chosen by God to render help to humanity. Anyone who renders help to humanity is the best of humanity. Forget about some of the few negative things you hear. You see policemen on the streets taking risks to provide safety to the members of the public. You see them go out there bare-chested to face criminals carrying superior weapons. They lay down their lives on a daily basis, not just when there is a formal war. The police should be appreciated. You can’t change the police if the society is not changed. The public must change, and be prepared to live the truth. We are forging a new partnership with members of the public. What kind of impact has the Lagos State Security Trust Fund had on policing in Lagos? Not only in policing, but security generally. It has been taken as the best practice, which other states and even other countries, are trying to emulate now. That is a good example of how partnership between government and the society works. Yes, it’s the face of the government. It’s the face of the board members you’ll see, but its is more of everyone in Lagos. You will find out that children have contributed, school children contribute as little as N100 and N200. When people see the money work and the way it is applied, it increases their confidence. Its like value added to the security of Lagos State, and for the past 10 years that the fund has been operated, it has been commendations and accolades throughout. Even the way the money is accounted for, it should be recommended to other states. We should thank the Lagos State Government and the people who came up with that initiative. For the past 10 years it has run, no one has faulted it.
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Essential Elements of Deed of Ship Mortgage in Nigeria This article by Oritsematosan Edodo-Emore, discusses the deed of ship mortgage, which is an agreement between a Lender and a Shipowner, capturing the details of their transaction; and examines the essential elements that must be contained in such a document, and the reasons why they are included
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Definition of Ship Mortgage ship mortgage is a deed prepared by a lender of money, to record the details of a loan given to a shipowner either to buy a ship, to have it delivered, to repair it , or to conduct any other activities on the vessel, for which it requires outside funds. In a ship mortgage, the asset given as security for the loan is the ship itself . The deed assigns all or part of the shares in the ship to the Lender . By virtue of Section 53(1) of the Merchant Shipping Act 2007, Nigerian law recognises that a Nigerian registered vessel can be given as security for a loan. The mortgage agreement, states the rights and obligations of the Lender and the Borrower. The deed, also states the powers of the Lender, and the terms and conditions under which he may dispose of the ship . Elements of a Ship Mortgage A deed of ship mortgage must have certain elements: Identification of Parties The deed must identify the parties to the transaction by their complete legal names, company registration numbers, country of incorporation and physical addresses. Description of the Vessel The recital must describe the ship in full, in terms of its name, type [eg offshore supply vessel, anchor handling vessel, oil tanker ,crew boat etc], Flag State ,[the country in which it was registered ], home port, IMO registration number and /or its registration number in its Flag State .This description may either be on the face of the document or as a schedule to the mortgage deed. Identification of Shipowner(s) The deed must identify the owner of the ship and the extent of that ownership. As a ship has only 64 shares, those shares may be owned by different persons. Therefore, the recital must identify whether the owner is the sole/absolute owner or only a part owner . Identification of Loan Agreement The underlying loan agreement or in some cases, the Lenders offer letter and any subsequent amendments thereto, must be identified. It is a pre- requisite to the disbursement of funds, that a deed of ship mortgage be created to secure the discharge of the borrowers obligations under the loan agreement and under the mortgage. Therefore, it is important that the recital states clearly, that it is a condition precedent in the loan agreement that the shipowner executes and delivers the mortgage as security for the performance of its obligations under the loan agreement and under the ship mortgage . Interpretation Clause It is important that the mortgage agreement contains a definition and/or interpretation section for key words in the deed such as “vessel” “mortgage” or “security period ” etc. In a deed of ship mortgage prepared by a Lagos Lender, , “Business
up order against the Shipowner, to name a few. In any of the above scenarios, a well crafted clause will give the Lender power to step in to protect its interests in the ship. Lender's Remedy if Shipowner Defaults What are the remedies of the Lender, if the shipowner defaults in any its obligations ?
day ” defined as “a day [other than a Saturday , Sunday or public holiday ] on which banks are open for general business in Lagos ”. That lender was certainly taking cognisance of his local environment! What is important is to have a broad list of words to which the parties give an agreed definition, because there may be instances where a term in the mortgage deed may be in conflict with a provision in the loan agreement. In such a situation, an interpretation clause is necessary to indicate what should be done in case of a conflict. An interpretation clause found in a Norwegian ship mortgage agreement read thus: "This Mortgage shall be read together with the Loan Agreement, and in case of any conflict between the Loan Agreement and this Mortgage, the provisions of the Loan Agreement shall prevail. Terms and expressions used herein and not otherwise defined herein, shall bear the meanings ascribed to them in the Loan Agreement". Purpose of the Mortgage In a deed of ship mortgage, it is important to have a clause where the purpose of the mortgage is stated. This is the clause where, the Shipowner unequivocally states that it is assigning its entire rights and interest in the ship to the Lender and its successors in title, as a continuing security for the repayment of the loan and the performance of its obligations under the Loan Agreement and under the Mortgage. Covenants of the Shipowner Next it is important to state the covenants of the shipowner. The essence of a ship mortgage is to ensure that the shipowner repays the funds which have been advanced to him, and to ensure that the Lenders interest in the ship is secured, until such time as the ship owner discharges
all its obligations and extinguishes all its liabilities to the Lender . Consequently, a ship mortgage should contain clauses which spell out the obligations of the shipowner towards the liquidation of the loan, insurance of the ship, or payment of any debt which may give rise to maritime or possessory liens on the ship-eg Ports and Habour dues and crew wages, to name a few. Omnibus Clause One of the reasons why Lenders prepare the mortgage deed, is to ensure that the Lender has powers to protect its interest in the ship. Therefore, the deed of ship mortgage should contain an ominibus clause, giving the lender the power in its absolute discretion, to take necessary steps to protect its security in the ship. Thus, if the shipowner fails to insure the vessel or effect repairs or carry out surveys in accordance with its obligations in the mortgage deed, the clause gives the Lender power to pay the premium, arrange for the repairs and survey to be carried out. If the shipowner fails to pay the Nigerian Port Authority [NPA’s] dues and levy , the Lender has the power to pay, so that NPA does not detain the vessel . All monies expended by the Lender in carrying out the obligations of the shipowner, in order secure the ship, are payable by the Shipowner to the Lender. The Loan Agreement and the Mortgage deed may contain clauses enumerating events and circumstances under which the Lender may exercise its powers to enforce the ship mortgage. Examples of events of default of the Shipowner may be any of the following; failure to pay any amount due and payable on the Loan Agreement, appointment of a liquidator over the assets of the Shipowner or issuance of a winding
"THE MORTGAGE AGREEMENT, STATES THE RIGHTS AND OBLIGATIONS OF THE LENDER AND THE BORROWER. THE DEED, ALSO STATES THE POWERS OF THE LENDER, AND THE TERMS AND CONDITIONS UNDER WHICH HE MAY DISPOSE OF THE SHIP"
The deed of ship mortgage should empower the Lender to do any of the following : enforce the security without notice or order of court, take possession of the ship within the time specified in the mortgage, manage the ship, charter same, insure, repair where necessary, demand and collect freight – without being liable for loss or damage, sell the whole ship or some shares in it as the Lender deems fit, without being liable for any loss and institute legal proceedings against any persons with regard to the ship, and defend or compromise any actions against the ship as the Lender deems fit. Power of Attorney It is important that the Lender ensures that there are exhaustive clauses where the Shipowner gives an irrevocable Power of Attorney to the Lender, to execute all documents necessary to effect sale of the vessel, [eg issue the bill of sale] and to demand, collect or receive all freights or incomes including proceeds of the sale of the vessel . Proceeds of Sale What if the vessel is indeed sold because of the shipowners default.? The ship mortgage should provide how the proceeds of sale of the vessel, or charters fees, freight or any revenue or income earned by the vessel should be apportioned, while the Lender is enforcing its security, namely expenses incurred in enforcing the security, payment of the outstanding sums on the loan facility granted to finance the ship, balance to the shipowner , its successors in title or anyone who has a right to receive such funds. Registration of Mortgage A ship owner may take a loan from any part of the world to finance various aspects of the ship's business. However, the mortgage taken on the ship, must be registered in the country where the ship is registered – the Flag State. In order to enforce the mortgage, the laws of the Flag State is relevant. Consequently , a ship mortgage must state the laws which govern the mortgage agreement . Dispute Resolution A practical and realistic dispute resolution clause is advisable in any ship mortgage. Layered dispute resolution clause, amicable resolution, mediation and arbitration is common. Relevant arbitration laws must be identified. Where the parties are two Nigerian companies, they may be encouraged to choose the Arbitration and Concilation Act, 2004 and the Maritime Arbitrators Association of Nigeria. Oritsematosan Edodo-Emore, Legal Practitioner, O, Edodo, Thorpe & Associates
07.03.2017
THE LIGHTER SIDE/13
LEGAL HUMOUR At the height of a political corruption trial, the prosecuting attorney attacked a witness. “Isn’t it true,” he bellowed, “that you accepted five thousand dollars to compromise this case?” The witness stared out the window, as though he hadn’t heard the question. “Isn’t it true that you accepted five thousand dollars to compromise this case?” the lawyer repeated. The witness still did not respond. Finally, the judge leaned over and said, “Sir, please answer the question.” “Oh,” the startled witness said, “I thought he was talking to you.” ˾˾˾
We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com
Dear Counsel, I would appreciate your shedding some light on this issue which I consider to be of importance to some others and myself. For two years, I supplied diesel to a hospital and I had no cause to worry until late last year when myself and other suppliers, noticed that the hospital had started to experience serious financial difficulties. It was only early this year that we realised how serious the problem was, when some of us suppliers, could not collect any of our outstanding payments at all. At a stakeholders meeting, we were informed that AMCON had taken over the management of the hospital, and that our monies would be paid in due course. We put in our claims and a payment schedule for all the suppliers and contractors was drawn up by some officers and lawyers from AMCON, but it has been months now and we have not yet been paid. The hospital presently offers skeletal services, but we have been assured that full operations will commence soon, and the debts being owed to us will be paid. However, the whole setup is not clear to me. I don’t know how and why AMCON came to be running the hospital, and why the cheques that were issued to us by the hospital before the AMCON take over, were not honoured by the Bank. Kindly, advice me on the issues that I have highlighted, and whether there is a chance that I will be able to recover my outstanding monies from the hospital. M.E., Abuja.
Dear M.E., You must immediately engage the services of a lawyer with the requisite skills in insolvency, to engage the hospital’s management and AMCON on your behalf. A lot may have happened between the hospital and other companies or creditors, which you may not be aware of. This is because AMCON cannot come in and take over a company, without a court order. The Asset Management Corporation of Nigeria (AMCON) Act, 2010 provides at Section 52 (1) that ‘Where the Court gives a decision against a body corporate in a debt recovery action under this Act requiring the debtor company to pay any sum to the Corporation and such sum is not liquidated or paid over to the Corporation within 90 days from the date of the order for payment, the Corporation may apply to the court to issue a winding up order against the debtor company. (2) Where a winding up order is made, the Court may on the application of the Corporation, appoint the official receiver or some other fit person to assume the office of a liquidator to wind up the affairs of the debtor company. (3) Any liquidator appointed pursuant to this Act shall have all the powers of a liquidator under the Companies and Allied Matters Act and shall perform his duties in accordance with that Act.’ It therefore follows that your money is not totally lost, but your lawyer will have to make the necessary application and enter into negotiations with the hospital and AMCON, with a view to stating your claim and recovering same, as the hospital may be in liquidation.
A lawyer has just settled down in his new office. So now, he is thinking about what he can do to get clients. After a long time thinking, a man comes into the office. Right away, the lawyer decides to make his new plan take action. So he picks up the phone and says: "Unfortunately, Ms. Onassis, I cannot undertake your case right now. I am working full time, call me in a month to see if I can help you." He puts the phone down and says to the waiting man: "How can I help you sir?" "Nothing really, I am from telephone communications, I just came to connect your phone." ˾˾˾ Two women are on a transcontinental balloon voyage. Their craft is engulfed in fog, their compass gone awry. Afraid of landing in the ocean, they drift for days. Suddenly, the clouds part to show a sunlit meadow below. As they descend, they see a man walking his dog. One of the flyers yells to the figure far below, "Where are we?" The man yells back, "About a half mile from town." Once again, the balloonists are engulfed in the mist. One flyer says to the other, "He must have been a lawyer." The other says, "A lawyer! How do you know that?" The first says, "That’s easy. The information he gave us was accurate, concise, and entirely irrelevant."
How Lawyers Discuss Wedding Preparations.. Language of the Court “Mike! Mike! Long time!” “Yes o” “Ah! Ah! This caveat on your finger. Have you been encumbered?” “Yes o, last month” “Na wa oh. You did not put us on notice” “There was urgency, so I had to go by motion ex-parte.” “Ha!Ha!Ha! Was it Blessing your law school woman?” “No” “Wetin happen?” “The affair was struck out” “Who made the application?” “She did suo motu” “Why?”
“I was not talking of marriage. She thought I was not serious, so she struck it out for lack of diligent prosecution”. “Where is she now?” “I don’t know, she is functus officio” “When did you regularise your position?” “Last month” “Is her name on the roll?” “No. She is not a lawyer” “Where is she from?” “She’s Igbo” “Ah! You married outside jurisdiction?” “Yes. But it wasn’t easy. It took time before her parents granted leave” “What did you do last month? Traditional or white wedding?” “I front-loaded the process. I did the two on the same day. I needed to avoid cost”
“How did you serve your invitation process?” “I served by substituted means. SMS” “Did you serve Blessing?” “She evaded service” “How?” “I wanted to serve her orally, but she refused to pick my calls” “How much did you spend?” “Six........................ ......... ....” “Does it include its appurtenance?” “Yes. The white wedding, traditional wedding and every other thing incidental thereto” “Na WA oh. I’m thinking about getting married seriously” “Just prepare your processes and go for assessment”. Anthony Atata
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Evolving Nigerian Criminal Policy: The Challenges Raymond Ikem's article on Criminal Policy discusses how African legal systems came to be a combination of customary, religious and legal systems from the colonial masters. He uses Nigeria as a case study, with the aim of finding a common ground between the different instruments regulating criminal behaviour in this country
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punishments prescribed for these offences were different. The British administration had a negative attitude towards the continued operation of customary law. Thus, when the opportunity came for constitutional enactment in 1960, customary law was ostracised.
Introduction
riminal policies are directed towards correction and prevention of anti-social conduct, through rehabilitation of criminals and their integration into the society to which they belong. It helps to reform criminals, by taking into consideration social mores, concepts of culpability and criminal responsibility, recognised by the legal system in a given society. The legal system of any society is derived from and embedded in the history, customs, legal and political traditions of its people. African legal systems can be best described as a combination of customary, religious, and western legal traditions. These combinations did not stem from voluntary development; rather they were influenced by colonial authorities, thereby subjecting the African legal system to a state of constant conflict. Customary Criminal Law in Nigeria In a country like Nigeria for instance, its variegated quality of being a multi-ethnic, and a multicultural society, makes it almost impossible to have a uniformly codified criminal justice system, without recognising her cultural diversities, which make up the populace. Despite attempts to extinguish customary criminal policy through constant reforms, it is still the most respected and honoured unwritten law in the Nigerian society. This explains why over 50 years since the abolition of customary criminal law, it is still being adhered to, whenever the people consider it necessary. Using Nigeria as a case study, for a more effective, unified and functional criminal law and criminal justice system, this article aims at finding a common ground between the different instruments regulating criminal behaviour in Nigeria. Functions of Criminal Law Criminal law is basically focused on regulating criminal conduct. It entails prevention, detection, trial and punishment for offences. A broader understanding of criminal policy can be summarised in the context of criminology and penology. In understanding the scope and content of criminal policy, critical analytical study of a given society is required. Nigeria: Pre-Independence Before 1st October, 1960, Nigeria was a British colony. She is currently a federal structure, with 36 constituent states and a federal capital territory. From the centre, (National Assembly) Nigeria’s bicameral legislature, comprises of the Senate and
House of Representatives, while each state of the federation has a House of Assembly. The third tier of government, which is the local government, is made up of 774 local government councils. In order to control anti-social conduct at all levels, the federal, state and local legislatures, formulate criminal policies within their perspective jurisdictions. The Nigerian population was estimated at 182.2 million people in 2015, of which about 52% live in the rural areas, where local customs and traditions directly influence and measure criminal behaviour of the inhabitants. The remaining 48% of the urban population are directly controlled by federal and state criminal policies. In other words; the national criminal policies are mainly directed and understood by just 48% of the Nigerian population, as against 52%. Traditional criminal law applicable before the introduction of English laws in 1900 was unwritten. Before the arrival of Europeans, communities had established and organised institutions exercising different government functions, including
formulation of criminal policies, suitable to its way of life. To ensure peaceful coexistence among indigenous Nigerians, by codifying the inherent cultural differences in the Northern and Southern protectorate, the colonialists created two distinct systems of criminal justice, the Penal Code (for the North) and the Criminal code (for the South) and also established native courts for the purpose of applying customary law. These courts exercised criminal jurisdiction according to the laws and customs in their area of jurisdiction. As a matter of fact, section 4 of criminal code of 1904 precluded the native courts from exercising jurisdiction over offences, which were not provided for in the criminal code. By virtue of ordinance No 8 of 1914, this provision became applicable to the entire country. Despite attempts made to develop the criminal, penal and customary criminal justice systems disparately, conflicts still manifested where certain offences were common to all jurisdictions, even though the
"IN ORDER TO WHOLLY ERADICATE THE DISPARITY IN THE DEVELOPMENT OF NIGERIAN CRIMINAL LAWS, LEGAL SCHOLARS HAVE COME UP WITH THE IDEA TO PRODUCE A SINGLE DOCUMENT THAT WILL ACCOMMODATE THE CRIMINAL AND PENAL CODES, INCLUDING CUSTOMS AND TRADITIONS THAT ARE NOT REPUGNANT TO NATURAL JUSTICE, EQUITY AND GOOD CONSCIENCE, AND ALSO NOT CONTRARY TO PUBLIC POLICY"
Conflict between Sharia Penal Law and the Constitution Although customary criminal law has been abolished, its spirit still lives on and whenever it is necessary, its principles are applied to regulate conduct of the people of that society. Suffice to say that, the operation of Sharia Penal law side by side with statutory penal and criminal law, has defeated the aim behind the prohibition of customary criminal law in Nigeria. The reintroduction of sharia penal system into some parts of northern states, which has invariably expanded the scope of Nigerian criminal administration of justice, establishes conflict between the provisions of the Constitution of the Federal Republic of Nigeria and Sharia Penal Code in these states. Unification of Criminal and Penal Codes with Customs In order to wholly eradicate the disparity in the development of Nigerian criminal laws, legal scholars have come up with the idea to produce a single document that will accommodate the criminal and penal codes, including customs and traditions that are not repugnant to natural justice, equity and good conscience, and also not contrary to public policy. The criminal and penal codes as major sources of the criminal and penal laws of various states in Nigeria, presents possibility of unification, through highlighting the similarities in the different provisions of the laws, especially in definition, ingredients, and punishment, and proposing a unified offence applicable to both criminal and penal laws. The essence of this unification will not only ease legal practice, but also will enlighten the general public on offences applicable in all jurisdictions, eradicate lack of fairness, entitlement and equality in the dispensation of justice, and also enhance unity among ethnic divides, by relinquishing cultural and ideological differences. As it has been argued that, the continuous application of different legal systems dealing with criminal matters, has been one of the propelling factors that had instigated the concepts of North and South dichotomy in issues of national interest. It would help in fostering the ideas that Nigeria as a nation holds dear. Raymond Chukwuemeka Ikem, International Law Student, Peoples Friendship University, Russia.
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Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com
Victor Moses Now a Complete Player, Says Conte Super Eagles forward, Victor Moses, has been described as a complete player now after adapting to his new role as a wing back at Chelsea. According to Chelsea’s Italian Manager, Antonio Conte, Moses has fitted perfectly into his new role which has made him an important part of the Stamford Bridge starting IX this season. “I knew of him, but to see him live is very important to judge a player,” said
Antonio Conte, as quoted by Allnigeriasoccer.com. “I always saw him as a winger, very good in one versus one, but a bit poor defensively. “Then, when I decided to change the system, I wanted to try him in this new role. Now we have a complete player,” observed the Italian who is excited his experimentation has paid off. Moses was converted into a wingback by the Italian
manager and has gone from a peripheral figure at the Blues to a key player. Just last week, Moses signed an extension to his Chelsea deal which ties him to Stamford Bridge until 2021. He also got an improved wage package believed to be about 75,000 Pounds sterling a week from the 45,000 pounds sterling he was earning prior to the new deal. Meanwhile, Moses and
his Super Eagles teammates are to stay at four-star hotel, Crowne Plaza Hotel Ealing in England for their international friendly games with Senegal and Burkina Faso. According to sources close to the organisers of the two matches, guests and visitors have praised the hotel on tripadvisor, labeling their staff polite and friendly, and the rooms very comfortable. The Nigeria Football
Federation (NFF) back office staff hinted that the 25 invited players are to arrive at Crowne Plaza Hotel Ealing as from 1300 hours on Monday, March 20. “The hotel, which is located at Western Avenue, Hanger Lane, London, W5 1HG, is 1.98 miles away from the famous Wembley Stadium, where the England national team usually play their matches.
“The facilities at the hotel include a gym, fitness center and golf course. Currently on a five–match winning streak, since losing 0-1 to African vice champions Egypt in a 2017 Cup of Nations qualifying match in Alexandria a year ago, the Super Eagles are ranked 41st in the world, 10 places below Senegal’s Teranga Lions and three places below the Etalons of Burkina Faso.
254 Schools for Ayade U-15 Football Tournament Bassey Inyang in Calabar Two hundred and fifty four secondary schools in Cross River State are participating in the inaugural Governor Ben Ayade Under-15 Football Tournament which kicked off yesterday in all the 18 local government areas of the state. Chairman of the state’s Sports Commission, Mr. Orok Duke, disclosed at the weekend that the grand finale of the tournament would involve six schools at the U.J. Esuene Stadium in Calabar between March 28 and March 31 this year. “The essence of the competition is to engage the youths and foster peace. Adequate arrangements have been made for participants. This are assuring parents of these young people participating in the football fiesta,” Duke said. A commissioner in the state sports commission, Ekanem Ekpenyong, confirmed that there would be prize money of N10,000 for Best Defender, Best Midfielder, and Highest Goal Scorer, respectively in the competition. He said the prizes would be in honour of Christopher Edem, John Okon Ene and the late sports journalist, Bassey `Koma’ Ekpo respectively. In a related development, the Sports Commission has also announced that a basketball championship for primary and secondary schools would come
on the trail of the Under-15 football championship. Duke said that fitting balls and training shoes had been procured for training by the young people wishing to participate in the male and female category of the tournament at the stadium’s basketball pitch. The chairman hinted that the commission has laid out plans for the immortalisation of legends who have contributed their quota to the development of sports in the state and the nation. Duke said such legends include late Hogan “Kid” Bassey, the first Nigerian to win a world title in boxing; late Oyo Orok Oyo, international sports administrator; and late renowned sportswriter Bassey `Koma’ Ekpo. The sports Commission’s chairman said his administration also aimed to re-enact those happy days when students who perform well in sports were offered scholarships to study abroad. Oyo, the first Nigerian member of the executive committee of the Confederation of African Football (CAF), died on September 10, 2008 at the age of 86 years in Calabar. Oyo, popularly referred to as the father of modern Nigerian football, served for 12 years as Secretary General of the then Nigeria Football Association (NFA) and member of CAF between 1974 and 1998.
Mobil Team Tennis Championship Ends on High Team Mobil Erha captained by Bimbo Okubeno on Saturday at Tennis Section of the Ikoyi Club 78, Lagos, emerged winner at the Mobil Team Tennis Championship. The competition which was sponsored by Mobil Producing Unlimited, saw eight teams named after Mobil oil fields battle for honours. They are Erha, Edop, Usari, Uge, Yoho, Asabo, Ubit and Usan. 70 participants took part in the six-day competition in which Team Mobil Erha was top, Team Mobil Edop emerged runners up while Teams Mobil Usan and Ubit were semifinalists. Teams and individual winners went home with various prizes which include trophies, vouchers and certificates. Speaking at the end of the
competition, General Manager, Public and Government Affairs, Mr. Paul Arinze said he feels fulfilled to see old men looking like teenagers and hope the romance between Mobil Producing Unlimited will continue. “It is our joy to sponsor sporting events like this. We are happy to see 70-year olds looking like teenagers. We hope to continue to sponsor this competition. If the economy allows, we will gather here at the Tennis Section of the Ikoyi Club next year. In his reaction, the Chairman of the Tennis Section, Esan Oguneye, thanked the sponsor for the support in spite of the economic hardship, just as he hailed all the participants for putting up a good show.
Real Madrid players at training yesterday ahead of tonight clash with Napoli
U E FA C H A M P I O N S L E A G U E
Ozil out of Arsenal, Bayern Clash Ronaldo, Bale set for Napoli trip Arsenal midfielder Mesut Ozil will be missing in action tonight in the UEFA Champions League last-16 second leg clash between the Gunners and Bayern Munich due to ill health. Ozil was absent from Arsenal’s 3-1 defeat at Liverpool on Saturday and although the German star has returned to training, club gaffer Arsene Wenger doesn’t believe he is ready to face Bayern. Losing the World Cup
winner for the Emirates Stadium showdown is another blow for Arsenal, who faces the daunting task of having to overturn a 5-1 deficit from the first leg. “Ozil is not in the squad. He was sick and he was out the whole of last week,” Wenger said. “He had only one session yesterday (Sunday). I don’t think he is ready physically to be in the squad. “He should be ready for the weekend (for the FA Cup
quarterfinal against Lincoln).” Meanwhile, Cristiano Ronaldo and Gareth Bale were named yesterday in Real Madrid’s squad for the last-16 second-leg tie against Napoli after missing the weekend win over Eibar. Four-time Ballon d’Or winner Ronaldo was sidelined with an injury which Coach Zinedine Zidane described as “nothing serious”. Also back in the squad for tonight’s clash is Welshman Bale after completing a one-
match ban. Both were absent from Saturday’s 4-1 victory at Eibar in which Karim Benzema and James Rodriguez were outstanding. Reigning European champions Real leads Napoli 3-1 going into the second leg in Italy and tipped as favourites for a quarterfinal berth.
TODAY Arsenal v Bayern Napoli v R’ Madrid
Unilag Lifts AMK/NUGA 3X3 Basketball Trophy The University of Lagos (Unilag) male team have emerged champions of the maiden edition of the Ahmadu Musa Kida (AMK) Foundation/Nigeria University Games (NUGA) 3X3 Basketball Competition final decided last Sunday in Abuja. Unilag defeated University of Ibadan (UI) in the final game to claim the trophy as well as qualify to represent Nigeria at the World University Games. Basketball power-house, Ahmadu Bello University (ABU), settled for the bronze medal. In the female category,
Bayero University Kano (BUK), subdued fellow northern team, University of Ilorin (Unilorin) to pick the gold, leaving the silver for the losing finalist. University of Ibadan again, put up a good fight to settle for the bronze medal. ABU defeated University of Nasarawa to pick bronze in men and UI defeated Unizik. Minister of Sports, Solomon Dalung, who was the Special Guest of Honour, lauded AMK Foundation as shining example of what NGO’s can do to promote youth empowerment through sports. He confirmed readiness of the Federal Government
to reform the sports sector, insisting that the only pathway to growth will be through the grassroots. Dalung also thanked NUGA for expanding its programmes beyond the biannual sporting festival. AMK Foundation President, Musa Ahmadu Kida, in his speech expressed the readiness of the Foundation to remain committed to its goals of empowering the youths through education and sports, saying that the investment in NUGA basketball is a continuation of that service. He confirmed the interest of the Foundation to solidify the partnership with NUGA going
further into other basketball enterprises. NUGA President, Professor Stephen Hamafyelto, expressed gratitude to AMK for the sponsorship urging other private stakeholders to follow suit. The NUGA chief also canvassed adequate funding for NUGA from government to ensure that the sporting sector within the university system remains vibrant. Other side events at the occasion were a slam dunk competition, free throws and a Three-point shootout. Most Valuable Player (MVP) awards were given to outstanding male and female players.
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“Nothing can be further from the truth, as Nigerians are conversant with the efforts made by the Jonathan administration towards rescuing the Chibok girls, especially in relation to collaborating with the international community. We can confidently say that the lies in this report are self-evident” – Mr. Ikechukwu Eze, spokesperson for former president Goodluck Jonathan, dismissing a report by The Observer alleging that the former president refused help from foreign powers to rescue the abducted Chiboks girls immediately they were kidnapped by Boko Haram.
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TUESDAY WITH REUBENABATI abati1990@gmail.com
The Man Who Sat On The Tor Tiv’s Throne
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his is about Stephen Nyitse, the young man who on the day of the coronation of the new Tor Tiv managed to beat security and went straight to where the king’s coronation seat, stool, throne had been placed and sat on it. We are told this caused a stir, and not a few in the crowd must have shouted: “abomination!”, Even the President of the Pentecostal Fellowship of Nigeria, Benue branch, Bishop Mike Angou considered Nyitse’s action sacrilegious. He went to the seat, to anoint and rededicate it. Bishop Angou’s intervention obviously was meant to cast out whatever demons Nyitse must have inflicted on the already consecrated kingship throne. It is possible also that the ordinary people in attendance and the chiefs of Tivland interpreted it as a bad omen. Africans including the educated live in a world of spirits, demons and magic. Every act or gesture among them, is considered spiritual or religious. The other side of it has to do with social hierarchy and customs. Our social life is heavily stratified. People are expected to know their place. Young persons are not supposed to disrespect or question elders. Wisdom is necessarily attached to old age, even if that is definitely untrue. Women are expected to submit to men, and that remains the case for all women in many of our communities. The poor are expected to worship the rich. Employees are expected to be loyal obedient servants. This is the content of our socialization in traditional communities, during the colonial period and even long after colonialism. When we were growing up, there were many things that were taken as normal that would today look absolutely ridiculous to our children. Children were not expected to talk back to their parents: if you did that, you could earn many strokes of the cane. In many families, whenever the father of the house was at home, nobody would try to be assertive, and any news that Daddy was returning from work would send both the children and their mother scampering in all directions. Thus, in every home, there were boundaries. You were told never to start a meal by eating meat. That had to be the last routine. Children nowadays eat the meat or fish and just pick at the main dish. Parents even take their children to eateries and buy them roasted chickens. In those days, there was Daddy’s cup: you would never be caught drinking out of that cup. Daddy’s chair: you were not allowed to sit on it! Daddy’s Radio: Ha, of course, you would not go near that miserable transistor radio. In those families where they had television sets, a rarity in those days, with the most popular being the black and white Grundig, usually securely locked, nobody was expected to touch that screaming evidence of family wealth! It was black and white TV of course, but it only came alive whenever the father of the house, special custodian of the key to that box, opened it for viewing. If this was the custom in ordinary homes, imagine what crisis would have erupted in the larger community if a commoner were to sit on a king’s throne! The times may be changing, but our communities are still governed by many codes and rules into which every family is expected to socialize their children and members. There
Tor Tiv, Professor James Ayatse is also something called protocol. In formal situations, it is considered rude to go and occupy a seat that has been reserved either for elders or special guests not to talk of the king. This can be seen even in the arrangement of official protocol in government. This is why the Vice President, for example would refuse to sit on the President’s seat, even when the President is on leave and he, the Deputy is acting as President. In many states, nobody would dare sit physically on any seat reserved for the Governor. At the VIP lounge at our various airports, I have seen ordinary VIPs, occupying seats reserved for the President or for a special official of high rank. I have had to ask one or two persons to vacate that seat. How do you know a seat meant for the President? Usually, there would be a flag behind it, usually two flags: the Nigerian flag and the flag of the Commander-in-Chief. Can you imagine a civil servant sitting in front of those two flags? If he is caught, he would be chased out of that seat as if he had committed an abomination. So, on all fronts, Stephen Nyitse behaved badly. His excuse that he wanted to “anoint” the King’s seat is stupid, because nobody gave him that assignment. Who is he?: A pastor or a demonic agent, driven by the spirits? In these days of Boko Haram and suicide bombing, the security agents did well by arresting him and whisking him away for interrogation. But that is where it should end, more so as the police seem to have confirmed that he is not mentally ill, even if he is, that would be the more reason he should be helped and not punished. Stephen Nyitse has also not committed any offence known to law. He sat on the seat that would become a throne. He did not kill anybody. He did not disrupt the ceremony. Nobody was injured as a result of his action. He did not resist arrest. He could probably have said he acted out of love like that other man who named his dog Buhari! This is one case that we should all probably have laughed off as a comic relief from Benue State. But it is nothing titillating, because of the final decision taken by the Tiv Traditional Council to banish Stephen Nyitse from Tivland, with
strict instructions that no Tiv son or daughter must ever relate with him or help him. He is thus now, officially an outcast among his people. There is no evidence that Nyitse was invited and interrogated by the Traditional Council. For sitting on the King’s chair, the traditional rulers of Tivland have taken away in one fell swoop, Stephen Nyitse’s right to fair hearing and human dignity, and his freedoms of movement, belief, choice, association and assembly. If this was 1840, perhaps the Traditional Council would have ordered his execution. But this is 2017, and under the Nigerian Constitution, no man can be punished except in accordance with the laws of the country. The new Tor Tiv who is a Professor should know that. The pronouncement that no Tiv indigene should ever relate with Nyitse obviously includes his wife, if he is married to a Tiv, and of course his children, if he has. So, he loses his family, and his property if he has any in Tivland, his identity is taken away from him, he is declared a non-person, just because he sat on someone else’s chair? If at the coronation ceremony in question, one of the Tor Tiv’s grandchildren had been the person who walked across to that chair and sat on it, the crowd would have cheered. They would have proclaimed that kingship runs in the veins of the new Tor Tiv’s sons. This same Tiv Traditional Council would have said with delight that while coronating one Tor Tiv,
the gods showed them a future one! What is called African tradition can oftentimes be that hypocritical. The poor are the victims of the world; oppressed by the rich, the privileged and the local gods of our various villages, and the other gods that sit on thrones. If that seat was so important, there should have been someone guarding it. In some traditional communities in this country, such a special seat would have some local chiefs and cult members protecting it, long before the new king is brought to sit on it. If that is not so, a policeman standing behind that seat would have been enough. For the Tiv Traditional Council to react so harshly, they must have concluded that Stephen Nyitse offended the gods of their land. That was the context in which persons were banished from communities in the past. But I refer the new Tor Tiv, who is a Christian, to Judges 6: 28-31. “If Baal really is a god, he can defend himself when someone breaks down his altar.” The Tor Tiv, who is obviously the chair of the Tiv Traditional Council should free Stephen Nyitse. If the traditional gods are angry, let them collect goats, kolanuts, and bottles of palm oil. On his coronation day, the Tor Tiv promised to fight injustice, and defend the interest of all sons and daughters of Tivland. He should not begin his reign on a note of harshness and highhanded-ness. He should begin his reign as a king who forgives…
Onukaba Adinoyi-Ojo (1960-2017) Onukaba Adinoyi-Ojo, thespian, journalist, playwright, administrator, politician and our friend and colleague died on Sunday on one of Nigeria’s impossibly treacherous roads, fleeing from armed robbers. If armed robbers knew who he was, may be they would have spared him. He was a true man of talent, a gifted professional and a man who will always be remembered for the quality of his art and person. He was not your ordinary journalist. He was an intellectual. He had gravitas and he deployed his polyvalent understanding with ease without going out of his way to intimidate less gifted persons. There is so much cant in this country and so much emptiness. But I never caught Onukaba flogging people with his brilliance. He was a very friendly, accommodating and understanding fellow who made many friends because he easily masked his superiority. This was the secret of his success as Managing Director of the Daily Times. In better-organized countries, a man like him will still be alive and not be chased to death by armed robbers. But here we are: another sad story. Nigeria easily kills off its best. Onukaba is probably the best airport correspondent Nigeria ever produced. He made his mark at the airport, hunting for stories, interviewing the prominent and the influential, and it was at the airport that he met General Olusegun Obasanjo who changed his life for good. When I arrived at the University of Ibadan for graduate studies in Theatre Arts, I found myself in a class that had been carefully
selected including smart persons from virtually every part of the country: UNN, ABU, Jos, Calabar, Ibadan, Ilorin, Benin, Port Harcourt. Shuaibu Ojo, as he then was, was one of the three persons from the home department, Ibadan. We all knew each other more or less, because theatre students in Nigeria usually meet at an annual festival called NUTAF. The Ibadan students wouldn’t allow me rest: they told me they had Shuaibu in my class and he would show me that Ibadan’s Second Class Upper was superior to my Calabar First Class. I had my head in the clouds in those days. I told them I was waiting for their Shuaibu and that I would not only beat him, but I would also make history in the entire university. Shuaibu didn’t take up the Ibadan offer. He later went to the United States, where he did a Masters in Journalism and a Ph.D in Performance Studies. I admired him. He is the only Nigerian I knew for a long time with a Ph.D in Performance Studies, the conjunction point of theatre studies, and under Richard Schechner, the scholar who developed that field into a defining medley of theatre, art and politics. Onukaba and I shared many paths over the years- through UI, The Guardian, Africa Leadership Forum, OBJ, Baba or Obas as we call him, journalism, spokesmanship, writing... His death diminishes us. The flag should fly at half-mast at all Departments of Theatre, Dramatic, Media and Creative Arts in Nigeria because he was one of the best advertisements of the multi-disciplinary quality of their curriculum. Choo-bo-i, my brother!
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